Pages 55809±56130 Vol. 64 10±15±99 eDt 2OT9 71 c 4 99Jt100 O000Fm001Ft41 ft41 :F\M1OW.X fm1PsN:15OCWS pfrm01 E:\FR\FM\15OCWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt190000 17:11Oct14, 1999 VerDate 12-OCT-99 No. 199 federal register October 15,1999 Friday 1 II Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999

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

.

2

VerDate 12-OCT-99 17:11 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\15OCWS.XXX pfrm01 PsN: 15OCWS III

Contents Federal Register Vol. 64, No. 199

Friday, October 15, 1999

Advisory Commission on Electronic Commerce Committee for Purchase From People Who Are Blind or See Electronic Commerce Advisory Commission Severely Disabled RULES Agency for Toxic Substances and Disease Registry Pricing policies; miscellaneous amendments, 55841–55843 NOTICES NOTICES Superfund program: Procurement list; additions and deletions, 55897–55898 Hazardous substances priority list (toxicological profiles), 55943–55944 Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Agriculture Department Indonesia, 55903–55904 See Animal and Plant Health Inspection Service United Mexican States, 55904–55905 See National Agricultural Statistics Service See Natural Resources Conservation Service Consumer Product Safety Commission NOTICES Animal and Plant Health Inspection Service Meetings; Sunshine Act, 55905 RULES Exportation and importation of animals and animal Corporation for National and Community Service products: NOTICES Bovine spongiform encephalopathy; disease status Agency information collection activities: change— Proposed collection; comment request, 55905–55907 Belgium, 55813–55814 Luxembourg, 55812–55813 Defense Department Plant-related quarantine, domestic: See Navy Department Oriental fruit fly, 55811–55812 NOTICES Drug Enforcement Administration Agency information collection activities: NOTICES Proposed collection; comment request; correction, 55895– Applications, hearings, determinations, etc.: 55896 LaJevic, James C., D.M.D., 55962–55965 Musselman, Bernard C., M.D., 55965–55968 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Electronic Commerce Advisory Commission NOTICES Blind or Severely Disabled, Committee for Purchase From State and local taxation of Internet transactions and People Who Are electronic commerce; proposals request; and meeting, See Committee for Purchase From People Who Are Blind or 55894–55895 Severely Disabled Employment and Training Administration Census Bureau NOTICES Labor surplus areas classifications: NOTICES Annual list, 55969–55992 Meetings: African American, American Indian and Alaska Native, Employment Standards Administration Asian and Pacific Islander, and Hispanic Populations NOTICES Census Advisory Committees, 55898–55899 Minimum wages for Federal and federally-assisted American Indian and Alaska Native Populations Census construction; general wage determination decisions, Advisory Committee, 55899–55900 55992–55993

Coast Guard Energy Department RULES See Federal Energy Regulatory Commission Drawbridge operations: NOTICES Massachusetts, 55831 Atomic energy agreements; subsequent arrangements, Regattas and marine parades: 55907–55908 Night in Venice, 55829–55830 Meetings: Stone Mountain Productions, 55830–55831 Nonproliferation and National Security Advisory Committee, 55908 Commerce Department See Census Bureau Environmental Protection Agency See National Oceanic and Atmospheric Administration RULES NOTICES Air quality implementation plans; approval and Agency information collection activities: promulgation; various States: Submission for OMB review; comment request, 55898 North Carolina, 55831–55834

VerDate 12-OCT-99 17:12 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\15OCCN.XXX pfrm01 PsN: 15OCCN IV Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Contents

Clean Air Act: Federal Deposit Insurance Corporation Acid rain program— NOTICES Nitrogen Oxides Emission Reduction Program; response Agency information collection activities: to court remand, 55834–55838 Submission for OMB review; comment request, 55926 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Federal Energy Regulatory Commission Rhizobium inoculants, 55838–55841 NOTICES PROPOSED RULES Hydroelectric applications, 55909–55910 Air quality implementation plans; approval and Applications, hearings, determinations, etc.: promulgation; various States: CNG Transmission Corp., 55908 North Carolina, 55879 Eastern Shore Natural Gas Co., 55908–55909 Clean Air Act: El Paso Natural Gas Co., 55909 Acid rain program— MidAmerican Energy Co.; correction, 55909 Nitrogen Oxides Emission Reduction Program; response to court remand, 55880 Federal Housing Finance Board Hazardous waste: NOTICES Identification and listing— Federal home loan bank system: Exclusions, 55880–55892 Community support review— NOTICES Members selected for review; list, 55926–55935 Agency information collection activities: Submission for OMB review; comment request, 55910– Federal Reserve System 55911 NOTICES Air programs: Banks and bank holding companies: State implementation plans; adequacy status for Formations, acquisitions, and mergers, 55935–55936 transportation conformity purposes, 55911–55912 Nonbanking activities, 55936–55937 Environmental statements; availability, etc.: Permissible nonbanking activities, 55937 Agency statements— Weekly receipts, 55912 Federal Trade Commission Hazardous waste: NOTICES Waste Isolation Pilot Plant— Agency information collection activities: Federal environmental laws; compliance determination Proposed collection; comment request, 55937–55943 (October 1996-1998), 55912–55913 Meetings: Fish and Wildlife Service Environmental risks to children; agency research strategy; PROPOSED RULES workshop, 55913–55914 Endangered and threatened species: Pesticide, food, and feed additive petitions: Critical habitat designations— AgrEvo Environmental Health, 55914–55921 Tidewater goby, 55892–55893 Pesticides; emergency exemptions, etc.: NOTICES 1,3-Dichloropropene, 55921–55923 Environmental statements; availability, etc.: Reports and guidance documents; availability, etc.: Tar Creek Superfund Site, Ottawa County, OK; injuries to Carbon monoxide; air quality criteria, 55923 migratory birds and threatened and endangered Superfund; response and remedial actions, proposed species, 55955 settlements, etc.: Sun Laboratories Site, GA, 55923–55924 Food and Drug Administration Equal Employment Opportunity Commission NOTICES NOTICES Debarment orders: Meetings; Sunshine Act, 55924 Marcus, Jay, 55944–55946 Meetings: Executive Office of the President Medical device quality systems inspection technique; See Presidential Documents FDA/industry exchange workshop, 55946–55947 See Trade Representative, Office of United States Reports and guidance documents; availability, etc.: Animal feed and feed ingredients; dioxin in anti-caking Federal Aviation Administration agents; industry guidance, 55948 RULES Airworthiness directives: Health and Human Services Department Pratt & Whitney, 55815 See Agency for Toxic Substances and Disease Registry Class D and Class E airspace, 55815–55816 See Food and Drug Administration Class E airspace, 55816–55820 See Health Care Financing Administration NOTICES See National Institutes of Health Advisory circulars; availability, etc.: RULES Taxi, takeoff and landing roll design loads, 56016 Grants: Block grant programs, 55843–55858 Federal Communications Commission NOTICES Health Care Financing Administration Reports and guidance documents; availability, etc.: NOTICES Year 2000 network stabilization; policy statement, 55924– Agency information collection activities: 55926 Proposed collection; comment request, 55948–55949

VerDate 12-OCT-99 17:12 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\15OCCN.XXX pfrm01 PsN: 15OCCN Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Contents V

Meetings: Land Management Bureau Medicare+Choice Organizations; collection of encounter NOTICES data for risk adjustment, 55949–55950 Closure of public lands: Oregon, 55956 Housing and Urban Development Department Public land orders: RULES New Mexico; correction, 55956 FHA programs; introduction: Realty actions; sales, leases, etc.: Expiring programs; savings clause; CFR correction, 55828 Arizona, 55956 Mortgage and loan insurance programs: Single family mortgage insurance— Minerals Management Service Floodplain requirements applicable to new NOTICES construction; clarification, 56107–56111 Meetings: NOTICES Minerals Management Advisory Board, 55956–55957 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— National Agricultural Statistics Service Excess and surplus Federal property, 55954–55955 NOTICES Immigration and Naturalization Service Committees; establishment, renewal, termination, etc.: NOTICES Agriculture Statistics Advisory Committee, 55896 Agency information collection activities: Submission for OMB review; comment request, 55968– National Credit Union Administration 55969 PROPOSED RULES Credit unions: Indian Affairs Bureau Leasing, 55866–55871 PROPOSED RULES Trustees and custodians of pension plans; shared Land and water: insurance and appendix, 55871–55873 Land held in trust for benefit of Indian Tribes and individual Indians; title acquisition, 55878 National Foundation on the Arts and the Humanities NOTICES Interior Department Meetings: See Fish and Wildlife Service Leadership Initiatives Advisory Panel, 55993 See Indian Affairs Bureau See Land Management Bureau National Institutes of Health See Minerals Management Service NOTICES See Surface Mining Reclamation and Enforcement Office Meetings: National Cancer Institute, 55950–55951 International Trade Commission National Eye Institute, 55951 NOTICES National Institute of Allergy and Infectious Diseases, Import investigations: 55951 Fresh and chilled Atlantic salmon from— National Institute of Diabetes and Digestive and Kidney Norway, 55957–55958 Diseases, 55951–55952 Heavy forged handtools from— National Institute on Alcohol Abuse and Alcoholism, China, 55958 55952–55953 Polyethylene terephthalate film from— National Institute on Deafness and Other Communication Korea, 55958–55959 Disorders, 55952 Sodium thiosulfate from— Various countries, 55959–55960 Scientific Review Center, 55953–55954 Sparklers from— China, 55960 National Oceanic and Atmospheric Administration Stainless steel butt-weld pipe fittings from— RULES Various countries, 55960–55961 Endangered and threatened species: Stainless steel pipe from— Sea turtle conservation; shrimp trawling requirements— Korea and Taiwan, 55961 Cape Lookout, NC, offshore waters affected by Stainless steel wire rod from— Hurricanes Dennis and Floyd; limited tow times Various coutries, 55962 use as alternative to turtle excluder devices, 55858–55860 Justice Department Sea turtle conservation; summer flounder trawling See Drug Enforcement Administration requirements— See Immigration and Naturalization Service Turtle excluder devices, 55860–55864 See Juvenile Justice and Delinquency Prevention Office Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Juvenile Justice and Delinquency Prevention Office Pollock, 55865 NOTICES Northeastern United States fisheries— Grants and cooperative agreements; availability, etc.: Northeast multispecies, 55821–55828 Comprehensive program plan (2000 FY), 56083–56105 NOTICES Agency information collection activities: Labor Department Proposed collection; comment request, 55900–55901 See Employment and Training Administration Submission for OMB review; comment request, 55901– See Employment Standards Administration 55902

VerDate 12-OCT-99 17:12 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\15OCCN.XXX pfrm01 PsN: 15OCCN VI Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Contents

National Weather Service; modernization and restructuring: New York Stock Exchange, Inc., 56005–56008 Weather Service offices— Pacific Exchange, Inc., 56008–56012 Consolidation, automation, and closure certifications, Philadelphia Stock Exchange, Inc., 56012–56014 55902–55903 Small Business Administration Natural Resources Conservation Service PROPOSED RULES NOTICES Small business size standards: Meetings: Help Supply Services; $10 million in average annual Agricultural Air Quality Task Force, 55896–55897 receipts, 55873–55878 Navy Department State Department RULES NOTICES Navy regulations; revision, 56061–56082 Art objects; importation for exhibition: NOTICES Arts of Korea: Ancient to Modern, 56014 Meetings: Meetings: Planning and Steering Advisory Committee, 55907 Overseas Security Advisory Council, 56014 Organization, functions, and authority delegations: Nuclear Regulatory Commission United States Information Agency; responsibilities RULES redelegated to Under Secretary of State for Public Independent storage of spent nuclear fuel and high-level Diplomacy and Public Affairs et al., 56014–56015 radioactive waste; licensing requirements: Holders of and applicants for certificates of compliance State Justice Institute and their contractors and subcontractors; expanded NOTICES applicability, 56113–56128 Grants, cooperative agreements, and contracts; guidelines, NOTICES 56021–56060 Enforcement actions; policy and procedure: Enforcement action against nonlicensees for 10 CFR Part Statistical Reporting Service 72 violations, 56129 See National Agricultural Statistics Service Environmental statements; availability, etc.: Virginia Electric & Power Co., 55994–55996 Surface Mining Reclamation and Enforcement Office Meetings: PROPOSED RULES Organization for Economic Cooperation and Permanent program and abandoned mine land reclamation Development; Halden Reactor Project, Norway; plan submissions: research products and results; seminar, 55996 Alabama, 55878–55879 Applications, hearings, determinations, etc.: Surface Transportation Board Consolidated Edison Co. of New York, Inc., 55993–55994 NOTICES Office of United States Trade Representative Railroad services abandonment: See Trade Representative, Office of United States Burlington Northern & Santa Fe Railway Co., 56016– 56017 Pension Benefit Guaranty Corporation Textile Agreements Implementation Committee RULES Single employer plans: See Committee for the Implementation of Textile Allocation of assets— Agreements Interest assumptions for valuing benefits, 55828–55829 Toxic Substances and Disease Registry Agency NOTICES See Agency for Toxic Substances and Disease Registry Single-employer and multiemployer plans: Interest rates and assumptions, 55996–55997 Trade Representative, Office of United States NOTICES Presidential Documents United States-Israel Free Trade Area Implementation Act; ADMINISTRATIVE ORDERS qualifying industrial zone designations, 56015–56016 Immigration; custody and screening of aliens encountered on vessels interdicted on the high seas (Memorandum Transportation Department of September 24, 1999), 55809 See Coast Guard See Federal Aviation Administration Public Health Service See Surface Transportation Board See Agency for Toxic Substances and Disease Registry PROPOSED RULES See Food and Drug Administration Standard time zone boundaries: See National Institutes of Health Kentucky, 55892 Securities and Exchange Commission Treasury Department NOTICES NOTICES Agency information collection activities: Committees; establishment, renewal, termination, etc.: Submission for OMB review; comment request, 55997 National Center for State and Local Law Enforcement Meetings; Sunshine Act, 55998 Training Advisory Committee, 56017 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 55998–56000 U.S. Trade Deficit Review Commission National Association of Securities Dealers, Inc., 56000– NOTICES 56005 Hearings, 56017–56018

VerDate 12-OCT-99 17:12 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\15OCCN.XXX pfrm01 PsN: 15OCCN Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Contents VII

Veterans Affairs Department Part IV NOTICES Department of Justice, Juvenile Justice and Delinquency Committees; establishment, renewal, termination, etc.: Prevention Office, 56083–56105 National Research Advisory Council, 56018 Meetings: Former Prisoners of War Advisory Committee, 56018– Part V 56019 Department of Housing and Urban Development, 56107– Minority Veterans Advisory Committee, 56019 56111 Voluntary Service National Advisory Committee, 56019 Women Veterans Advisory Committee, 56019–56020 Part VI Nuclear Regulatory Commission, 56113–56129 Separate Parts In This Issue

Part II Department of Justice, Justice Institute, 56021–56060 Reader Aids Consult the Reader Aids section at the end of this issue for Part III phone numbers, online resources, finding aids, reminders, Department of Defense, Department of Navy, 56061–56082 and notice of recently enacted public laws.

VerDate 12-OCT-99 17:12 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4748 Sfmt 4748 E:\FR\FM\15OCCN.XXX pfrm01 PsN: 15OCCN VIII Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3CFR Proposed Rules: Memorandum: 17...... 55892 September 24, 1999...... 55809 7 CFR 301...... 55811 9 CFR 94 (2 documents) ...... 55812, 55813 10 CFR 72...... 56114 12 CFR Proposed Rules: 714...... 55866 724...... 55871 745...... 55871 13 CFR Proposed Rules: 121...... 55873 14 CFR 39...... 55815 71 (7 documents) ...... 55815, 55816, 55817, 55818, 55819, 55820 15 CFR 902...... 55821 24 CFR 200 (2 documents) ...... 55828, 56108 203...... 56108 234...... 56108 25 CFR Proposed Rules: 151...... 55878 29 CFR 4044...... 55828 30 CFR Proposed Rules: 901...... 55878 32 CFR 700...... 56062 33 CFR 100 (2 documents) ...... 55829, 55830 117...... 55831 40 CFR 52...... 55831 76...... 55834 180...... 55838 Proposed Rules: 52...... 55879 76...... 55880 261...... 55880 41 CFR 51-2...... 55841 51-5...... 55841 45 CFR 96...... 55843 49 CFR Proposed Rules: 71...... 55892 50 CFR 222 (2 documents) ...... 55858, 55860 223 (2 documents) ...... 55858, 55860 648...... 55821 679...... 55865

VerDate 12-OCT-99 17:13 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\15OCLS.XXX pfrm01 PsN: 15OCLS 55809

Federal Register Presidential Documents Vol. 64, No. 199

Friday, October 15, 1999

Title 3— Memorandum of September 24, 1999

The President Delegation of Authority Under Sections 212(f) and 215(a)(1) of the Immigration and Nationality Act

Memorandum for the Attorney General

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended (8 U.S.C. 1182(f) and 1185(a)(1)), and in light of Proclamation 4865 of September 29, 1981, I hereby delegate to the Attorney General the authority to: (a) Maintain custody, at any location she deems appropriate, and conduct any screening she deems appropriate in her unreviewable discretion, of any undocumented person she has reason to believe is seeking to enter the United States and who is encountered in a vessel interdicted on the high seas through December 31, 2000; and (b) Undertake any other appropriate actions with respect to such aliens permitted by law. With respect to the functions delegated by this order, all actions taken after April 16, 1999, for or on behalf of the President that would have been valid if taken pursuant to this memorandum are ratified. This memorandum is not intended to create, and should not be construed to create, any right or benefit, substantive or procedural, legally enforceable by any party against the United States, its agencies or instrumentalities, officers, employees, or any other person, or to require any procedures to determine whether a person is a refugee. You are authorized and directed to publish this memorandum in the Federal Register. œ–

THE WHITE HOUSE, Washington, September 24, 1999. [FR Doc. 99–27147 Filed 10–14–99; 8:45 am] Billing code 4410–07–M

VerDate 12-OCT-99 08:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4705 Sfmt 4705 E:\FR\FM\15OCO0.XXX pfrm02 PsN: 15OCO0 55811

Rules and Regulations Federal Register Vol. 64, No. 199

Friday, October 15, 1999

This section of the FEDERAL REGISTER You may read any comments that we Oriental fruit fly has been eradicated contains regulatory documents having general receive on this docket in our reading from the quarantined portion of applicability and legal effect, most of which room. The reading room is located in Hillsborough County, FL. The last are keyed to and codified in the Code of room 1141 of the USDA South Building, finding of the Oriental fruit fly in this Federal Regulations, which is published under 14th Street and Independence Avenue, area was June 11, 1999. 50 titles pursuant to 44 U.S.C. 1510. SW., Washington, DC. Normal reading Since then, no evidence of Oriental The Code of Federal Regulations is sold by room hours are 8 a.m. to 4:30 p.m., fruit fly infestation has been found in the Superintendent of Documents. Prices of Monday through Friday, except this area. Based on our experience, we new books are listed in the first FEDERAL holidays. To be sure someone is there to have determined that sufficient time has REGISTER issue of each week. help you, please call (202) 690–2817 passed without finding additional flies before coming. or other evidence of infestation to APHIS documents published in the conclude that the Oriental fruit fly no DEPARTMENT OF AGRICULTURE Federal Register, and related longer exists in Hillsborough County, information, including the names of FL. Therefore, we are removing Animal and Plant Health Inspection organizations and individuals who have Hillsborough County, FL, from the list Service commented on APHIS rules, are of quarantined areas in § 301.93–3(c). Oriental fruit fly infestations are not 7 CFR Part 301 available on the Internet at http:// www.aphis.usda.gov/ppd/rad/ known to exist anywhere else in the continental United States except in a [Docket No. 99±044±2] webrepor.html. FOR FURTHER INFORMATION CONTACT: Mr. portion of Los Angeles, CA. Oriental Fruit Fly; Removal of Michael B. Stefan, Operations Officer, Immediate Action Quarantined Area Invasive Species and Pest Management The Administrator of the Animal and Staff, PPQ, APHIS, 4700 River Road AGENCY: Animal and Plant Health Plant Health Inspection Service has Unit 134, Riverdale, MD 20737–1236; determined that there is good cause for Inspection Service, USDA. (301) 734–8247. ACTION: publishing this interim rule without Interim rule and request for SUPPLEMENTARY INFORMATION: comments. prior opportunity for public comment. Background Immediate action is warranted to SUMMARY: We are amending the Oriental remove an unnecessary regulatory The Oriental fruit fly, Bactrocera fruit fly regulations by removing the burden on the public. A portion of dorsalis (Hendel), is a destructive pest quarantine on a portion of Hillsborough Hillsborough County, FL, was of citrus and other types of fruits, nuts, County, FL, and by removing the quarantined due to the possibility that and vegetables. The short life cycle of restrictions on the interstate movement the Oriental fruit fly could be spread the Oriental fruit fly allows rapid of regulated articles from that area. This from this area to noninfested areas of development of serious outbreaks that action is necessary to relieve restrictions the United States. Since this situation can cause severe economic losses. that are no longer needed to prevent the no longer exists, immediate action is Heavy infestations can cause complete spread of the Oriental fruit fly into necessary to remove the quarantine on loss of crops. noninfested areas of the United States. Hillsborough County, FL, and to relieve The Oriental fruit fly regulations, We have determined that the Oriental the restrictions on the interstate contained in 7 CFR 301.93 through fruit fly has been eradicated from this movement of regulated articles from that 301.93–10 (referred to below as the portion of Hillsborough County, FL, and area. regulations), impose restrictions on the that the quarantine and restrictions are Because prior notice and other public interstate movement of regulated no longer necessary. This portion of procedures with respect to this action articles from quarantined areas to Hillsborough County, FL, was the last are impracticable and contrary to the prevent the spread of the Oriental fruit remaining area in Florida quarantined public interest under these conditions, fly to noninfested areas of the United for Oriental fruit fly. Therefore, as a we find good cause under 5 U.S.C. 553 States. The regulations also designate result of this action, there are no longer to make this action effective less than 30 soil and a large number of fruits, nuts, any areas in Florida quarantined for days after publication. We will consider vegetables, and berries as regulated Oriental fruit fly. comments that are received within 60 articles. days of publication of this rule in the DATES: This interim rule was effective In an interim rule effective on June 9, Federal Register. After the comment October 7, 1999. We invite you to 1999, and published in the Federal period closes, we will publish another comment on this docket. We will Register on June 15, 1999 (64 FR 31963– document in the Federal Register. The consider all comments that we receive 31964, Docket No. 99–044–1), we document will include a discussion of by December 14, 1999. quarantined a portion of Hillsborough any comments we receive and any ADDRESSES: Please send your comment County, FL, and restricted the interstate amendments we are making to the rule and three copies to: Docket No. 99–044– movement of regulated articles from the as a result of the comments. 2, Regulatory Analysis and quarantined area. Development, PPD, APHIS, Suite 3C03, Based on trapping surveys conducted Executive Order 12866 and Regulatory 4700 River Road, Unit 118, Riverdale, by inspectors of Florida State and Flexibility Act MD 20737–1238. county agencies and by inspectors of the This rule has been reviewed under Please state that your comment refers Animal and Plant Health Inspection Executive Order 12866. For this action, to Docket No. 99–044–2. Service, we have determined that the the Office of Management and Budget

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.101 pfrm02 PsN: 15OCR1 55812 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations has waived its review process required Accordingly, we are amending 7 CFR Register on December 17, 1997 (62 FR by Executive Order 12866. part 301 as follows: 65999–66001, Docket No. 97–118–1), we This interim rule relieves restrictions amended the regulations in 9 CFR part on the interstate movement of regulated PART 301ÐDOMESTIC QUARANTINE 94 by adding Luxembourg to the list in articles from a portion of Hillsborough NOTICES § 94.18 of regions where bovine County, FL. 1. The authority citation for part 301 spongiform encephalopathy (BSE) Within the previously quarantined continues to read as follows: exists. We took this action because BSE portion of Hillsborough County, FL, was detected in a cow born in there are approximately 125 entities that Authority: 7 U.S.C. 147a, 150bb, 150dd, Luxembourg. will be affected by this rule. All would 150ee, 150ff, 161, 162, and 164–167; 7 CFR Comments on the interim rule were 2.22, 2.80, and 371.2(c). be considered small entities. These required to be received on or before include 1 transportation terminal, 75 2. Section 301.93–3, paragraph (c), the February 17, 1998. We did not receive fruit stands, 15 mobile vendors, 20 food entry for Florida is removed. any comments. Therefore, for the stores, 1 common carrier, and 13 Done in Washington, DC, this 7th day of reasons given in the interim rule, we are nurseries. These small entities comprise October 1999 . adopting the interim rule as a final rule. less than 1 percent of the total number Bobby R. Acord, This action also affirms the of similar small entities operating in the Acting Administrator, Animal and Plant information contained in the interim State of Florida. In addition, these small Health Inspection Service. rule concerning Executive Orders 12866 entities sell regulated articles primarily [FR Doc. 99–27001 Filed 10–14–99; 8:45 am] and 12988 and the Paperwork for local intrastate, not interstate, BILLING CODE 3410±34±U Reduction Act. movement so the effect, if any, of this Further, for this action, the Office of regulation on these entities appears to Management and Budget has waived the be minimal. DEPARTMENT OF AGRICULTURE review process required by Executive The effect on those few entities that Order 12866. do move regulated articles interstate Animal and Plant Health Inspection Regulatory Flexibility Act was minimized by the availability of Service various treatments that, in most cases, This rule affirms an interim rule that allowed these small entities to move 9 CFR Part 94 amended the regulations by adding Luxembourg to the list of regions where regulated articles interstate with very [Docket No. 97±118±2] little additional cost. BSE exists. We took this action because Under these circumstances, the Change in Disease Status of BSE was detected in a cow in Administrator of the Animal and Plant Luxembourg Because of BSE Luxembourg. The effect of the interim Health Inspection Service has rule was to prohibit the importation of AGENCY: Animal and Plant Health determined that this action will not ruminants that have been in Inspection Service, USDA. have a significant economic impact on Luxembourg and meat, meat products, ACTION: a substantial number of small entities. Affirmation of interim rule as and certain other products of ruminants final rule. that have been in Luxembourg. The Executive Order 12372 interim rule was necessary to reduce the SUMMARY: We are adopting as a final This program/activity is listed in the risk that BSE could be introduced into rule, without change, an interim rule the United States. Catalog of Federal Domestic Assistance that added Luxembourg to the list of under No. 10.025 and is subject to The following analysis addresses the regions where bovine spongiform economic effect of this rule on small Executive Order 12372, which requires encephalopathy exists. We took this intergovernmental consultation with entities, as required by the Regulatory action because bovine spongiform Flexibility Act. State and local officials. (See 7 CFR part encephalopathy was detected in a cow 3015, subpart V.) BSE is a slowly progressing, fatal, in Luxembourg. The effect of the interim degenerative disease that affects the Executive Order 12988 rule was to prohibit the importation of central nervous system of cattle. The ruminants that have been in This interim rule has been reviewed disease was first diagnosed in 1986 in Luxembourg and meat, meat products, under Executive Order 12988, Civil Great Britain, where it is sometimes and certain other products of ruminants Justice Reform. This rule: (1) Preempts called ‘‘mad cow disease.’’ Infected that have been in Luxembourg. The all State and local laws and regulations animals may display changes in interim rule was necessary to reduce the that are inconsistent with this rule; (2) temperament, abnormal posture, risk that bovine spongiform has no retroactive effect; and (3) does incoordination and difficulty in rising, encephalopathy could be introduced not require administrative proceedings decreased milk production, and loss of into the United States. before parties may file suit in court body condition despite continued challenging this rule. EFFECTIVE DATE: The interim rule appetite. The causative agent of BSE is became effective on December 2, 1997. not completely characterized, and there Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: Dr. is no treatment for the disease. At this This rule contains no new John Cougill, Staff Veterinarian, Animal time, the disease is not known to exist information collection or recordkeeping Products Program, National Center for in the United States. There is no vaccine requirements under the Paperwork Import and Export, VS, APHIS, 4700 to prevent BSE nor is there a test to Reduction Act of 1995 (44 U.S.C. 3501 River Road Unit 40, Riverdale, MD detect the disease in live animals. Given et seq.). 20737–1231; (301) 734–3399; or e-mail: these factors, the import restrictions [email protected]. imposed by the interim rule are the List of Subjects in 7 CFR Part 301 SUPPLEMENTARY INFORMATION: most effective means available for Agricultural commodities, Plant ensuring that BSE does not enter the diseases and pests, Quarantine, Background United States from Luxembourg. Reporting and recordkeeping In an interim rule effective December Preventing the introduction of BSE requirements, Transportation. 2, 1997, and published in the Federal into the United States is critical. In

VerDate 12-OCT-99 17:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.XXX pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55813 addition to the potential threat to public cattle alone in the same year. There Done in Washington, DC, this 8th day of health, BSE also has the potential to were no imports into the United States October 1999. cause severe economic hardship for the of fresh sheep or goat meat from Craig A. Reed, U.S. livestock industry. Great Britain’s Luxembourg in 1994, 1995, or 1996. Administrator, Animal and Plant Health experience with the disease provides an Further, there were no imports into the Inspection Service. insight into how damaging BSE can be United States of canned beef, sausage, [FR Doc. 99–26981 Filed 10–14–99; 8:45 am] to livestock. Between November 1986 and other prepared and preserved beef BILLING CODE 3410±34±P (when BSE was first diagnosed in Great and veal from Luxembourg in 1996. Britain) and May 1996, an estimated 160,540 head of cattle in approximately Placing Luxembourg on the list of DEPARTMENT OF AGRICULTURE 33,455 herds were diagnosed with BSE regions where BSE is known to exist in Great Britain. The epidemic peaked also restricts the importation of bones, Animal and Plant Health Inspection there in January 1993, with almost 1,000 products made from bone meal, blood Service new cases per week. All of the animals meal, meat meal, offal, fat, glands, and in Great Britain showing signs of BSE, serum from ruminants from this 9 CFR Part 94 most of which were dairy cows between country. Little effect should be [Docket No. 97±115±2] 3 and 5 years of age, were destroyed. associated with any of these restrictions. If BSE were introduced into the Further, the importation into the United Change in Disease Status of Belgium United States, livestock losses would States of any pet or animal feed from Because of BSE likely be much greater than in Great Luxembourg that may contain ruminant AGENCY: Animal and Plant Health Britain, because the United States raises products is restricted as a result of this more cattle. However, assuming the Inspection Service, USDA. action. Since the U.S. imported no ACTION: Affirmation of interim rule as same number of cattle losses in the animal feed from Luxembourg in 1994, United States as in Great Britain final rule. 1995, or 1996, we expect that there will (160,540), the introduction of BSE into be very little or no effect on U.S. SUMMARY: We are adopting as a final the United States would cost U.S. consumers as a result of this restriction. rule, without change, an interim rule livestock producers $189 million, based that added Belgium to the list of regions Because Luxembourg is not a on the current price of $1,180 per head where bovine spongiform significant supply source for the U.S. for dairy cows. The $189 million figure encephalopathy exists. We took this does not include higher production market, restrictions on imports from action because bovine spongiform costs that would likely be incurred by Luxembourg should not have a encephalopathy was detected in a cow U.S. producers, due to the presence of significant effect on consumer prices in in Belgium. The effect of the interim the disease. the United States. rule was to prohibit the importation of U.S. export and consumer markets ruminants that have been in Belgium would also be affected. The United Under these circumstances, the and meat, meat products, and certain States currently restricts the importation Administrator of the Animal and Plant of live ruminants and ruminant Health Inspection Service has other products of ruminants that have products from all regions where BSE is determined that this action will not been in Belgium. The interim rule was known to exist and from regions that have a significant economic impact on necessary to reduce the risk that bovine present an undue risk of introducing a substantial number of small entities. spongiform encephalopathy could be introduced into the United States. BSE into the United States due to List of Subjects in 9 CFR Part 94 import requirements less restrictive than EFFECTIVE DATE: The interim rule those that would be acceptable for Animal diseases, Imports, Livestock, became effective on October 31, 1997. import into the United States and/or Meat and meat products, Milk, Poultry FOR FURTHER INFORMATION CONTACT: Dr. because of inadequate surveillance. and poultry products, Reporting and John Cougill, Staff Veterinarian, Animal Presumably, if BSE were introduced recordkeeping requirements. Products Program, National Center for into the United States, other regions Import and Export, VS, APHIS, 4700 would adopt similar restrictions on the PART 94ÐRINDERPEST, FOOT-AND- River Road Unit 40, Riverdale, MD exportation of live ruminants and MOUTH DISEASE, FOWL PEST (FOWL 20737–1231; (301) 734–3399; or e-mail: ruminant products from the United PLAGUE), EXOTIC NEWCASTLE [email protected]. States. Such restrictions by other DISEASE, AFRICAN SWINE FEVER, SUPPLEMENTARY INFORMATION: regions would be devastating HOG CHOLERA, AND BOVINE Background economically. In 1997, for example, the SPONGIFORM ENCEPHALOPATHY: dollar value of U.S. exports of both In an interim rule effective October PROHIBITED AND RESTRICTED bovine animals and bovine animal meat 31, 1997, and published in the Federal IMPORTATIONS totaled $3.1 billion. Those export sales Register on November 18, 1997 (62 FR could be lost in their entirety. 61433–61434, Docket No. 97–115–1), we Accordingly, we are adopting as a Consumers would incur higher costs amended the regulations in 9 CFR part final rule, without change, the interim due to higher prices for ruminant 94 by adding Belgium to the list in products and increased prices for rule that amended 9 CFR part 94 and § 94.18 of regions where bovine competitive products, such as poultry. that was published at 62 FR 65999– spongiform encephalopathy (BSE) We expect that restricting the 66001 on December 17, 1997. exists. We took this action because BSE importation of live ruminants and Authority: 7 U.S.C. 147a, 150ee, 161, 162, was detected in a cow born in Belgium. ruminant products from Luxembourg and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, Comments on the interim rule were will have little or no effect on U.S. 134a, 134b, 134c, 134f, 136, and 136a; 31 required to be received on or before consumers. No ruminants were U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR January 20, 1998. We did not receive imported into the United States from 2.22, 2.80, and 371.2(d). any comments. Therefore, for the Luxembourg in 1996. This is compared reasons given in the interim rule, we are with U.S. imports of nearly 2 million adopting the interim rule as a final rule.

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.097 pfrm02 PsN: 15OCR1 55814 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

This action also affirms the most of which were dairy cows between associated with any of these restrictions. information contained in the interim 3 and 5 years of age, were destroyed. Further, the importation into the United rule concerning Executive Orders 12866 If BSE were introduced into the States of any pet or animal feed from and 12988 and the Paperwork United States, livestock losses would Belgium that may contain ruminant Reduction Act. likely be much greater than in Great products is restricted as a result of this Further, for this action, the Office of Britain, because the United States raises action. Since animal feed imported from Management and Budget has waived the more cattle. However, assuming the Belgium in 1996 accounted for less than review process required by Executive same number of cattle losses in the one half of one percent of total U.S. United States as in Great Britain Order 12866. animal feed imports in that year, we (160,540), the introduction of BSE into expect that there will be very little or no Regulatory Flexibility Act the United States would cost U.S. livestock producers $189 million, based effect on U.S. consumers as a result of This rule affirms an interim rule that this restriction. amended the regulations by adding on the current price of $1,180 per head Belgium to the list of regions where BSE for dairy cows. The $189 million figure Because Belgium is not a significant exists. We took this action because BSE does not include higher production supply source for the U.S. market, was detected in a cow in Belgium. The costs that would likely be incurred by restrictions on imports from Belgium effect of the interim rule was to prohibit U.S. producers, due to the presence of should not have a significant effect on the importation of ruminants that have the disease. consumer prices in the United States. U.S. export and consumer markets been in Belgium and meat, meat Under these circumstances, the products, and certain other products of would also be affected. The United States currently restricts the importation Administrator of the Animal and Plant ruminants that have been in Belgium. Health Inspection Service has The interim rule was necessary to of live ruminants and ruminant products from all regions where BSE is determined that this action will not reduce the risk that BSE could be have a significant economic impact on introduced into the United States. known to exist and from regions that present an undue risk of introducing a substantial number of small entities. The following analysis addresses the BSE into the United States due to economic effect of this rule on small List of Subjects in 9 CFR Part 94 import requirements less restrictive than entities, as required by the Regulatory those that would be acceptable for Flexibility Act. Animal diseases, Imports, Livestock, import into the United States and/or Meat and meat products, Milk, Poultry BSE is a slowly progressing, fatal, because of inadequate surveillance. degenerative disease that affects the and poultry products, Reporting and Presumably, if BSE were introduced recordkeeping requirements. central nervous system of cattle. The into the United States, other regions disease was first diagnosed in 1986 in would adopt similar restrictions on the Great Britain, where it is sometimes PART 94ÐRINDERPEST, FOOT-AND- exportation of live ruminants and MOUTH DISEASE, FOWL PEST (FOWL called ‘‘mad cow disease.’’ Infected ruminant products from the United animals may display changes in PLAGUE), EXOTIC NEWCASTLE States. Such restrictions by other DISEASE, AFRICAN SWINE FEVER, temperament, abnormal posture, regions would be devastating incoordination and difficulty in rising, HOG CHOLERA, AND BOVINE economically. In 1997, for example, the SPONGIFORM ENCEPHALOPATHY: decreased milk production, and loss of dollar value of U.S. exports of both PROHIBITED AND RESTRICTED body condition despite continued bovine animals and bovine animal meat IMPORTATIONS appetite. The causative agent of BSE is totaled $3.1 billion. Those export sales not completely characterized, and there could be lost in their entirety. Accordingly, we are adopting as a is no treatment for the disease. At this Consumers would incur higher costs time, the disease is not known to exist due to higher prices for ruminant final rule, without change, the interim in the United States. There is no vaccine products and increased prices for rule that amended 9 CFR part 94 and to prevent BSE nor is there a test to competitive products, such as poultry. that was published at 62 FR 61433– detect the disease in live animals. Given We expect that restricting the 61434 on November 18, 1997. these factors, the import restrictions importation of live ruminants and Authority: 7 U.S.C. 147a, 150ee, 161, 162, imposed by the interim rule are the ruminant products from Belgium will and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, most effective means available for have little or no effect on U.S. 134a, 134b, 134c, 134f, 136, and 136a; 31 ensuring that BSE does not enter the consumers. Fewer than 100 ruminants U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR United States from Belgium. were imported into the United States 2.22, 2.80, and 371.2(d). Preventing the introduction of BSE from Belgium in 1996. This is compared Done in Washington, DC, this 8th day of into the United States is critical. In with U.S. imports of nearly 2 million October 1999. addition to the potential threat to public cattle alone in the same year. There Craig A. Reed, health, BSE also has the potential to were no imports into the United States cause severe economic hardship for the of fresh sheep or goat meat from Administrator, Animal and Plant Health U.S. livestock industry. Great Britain’s Belgium in 1994, 1995, or 1996. Further, Inspection Service. experience with the disease provides an there were no imports into the United [FR Doc. 99–26974 Filed 10–14–99; 8:45 am] insight into how damaging BSE can be States of canned beef, sausage, and other BILLING CODE 3410±34±P to livestock. Between November 1986 prepared and preserved beef and veal (when BSE was first diagnosed in Great from Belgium in 1996. Britain) and May 1996, an estimated Placing Belgium on the list of regions 160,540 head of cattle in approximately where BSE is known to exist also 33,455 herds were diagnosed with BSE restricts the importation of bones, in Great Britain. The epidemic peaked products made from bone meal, blood there in January 1993, with almost 1,000 meal, meat meal, offal, fat, glands, and new cases per week. All of the animals serum from ruminants from this in Great Britain showing signs of BSE, country. Little effect should be

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.098 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55815

DEPARTMENT OF TRANSPORTATION line, ‘‘PW ASB No. 6343 Revision 1, designated as surface areas are dated October 8, 1998’’ is corrected to published in FAA Order 7400.9G dated Federal Aviation Administration read ‘‘PW SB No. 4482, Revision 1, September 1, 1999, and effective dated July 8, 1976’’. September 16, 1999, which is 14 CFR Part 39 3. On page 38300, in the third incorporated by reference in 14 CFR [Docket No. 98±ANE±31±AD; Amendment column, in the Compliance Section, in part 71.1. The Class D and Class E2 39±11221; AD 99±15±02] paragraph (e), in the second line, ‘‘P/Ns designations listed in this document 734515’’ is corrected to read ‘‘P/Ns will be published subsequently in the RIN 2120±AA64 734514’’. Order. Interested parties were invited to Airworthiness Directives; Pratt & Issued in Burlington, Massachusetts, on Whitney JT9D Series Turbofan October 6, 1999. participate in this rulemaking proceeding by submitting written Engines; Correction Thomas A. Boudreau, comments on the proposal to the FAA. Acting Manager, Engine and Propeller AGENCY: Federal Aviation No comments objecting to the proposal Directorate, Aircraft Certification Service. Administration, DOT. were received. [FR Doc. 99–26710 Filed 10–14–99; 8:45 am] ACTION: Final rule; correction. BILLING CODE 4910±13±U The Rule SUMMARY: This document makes a This amendment to part 71 of the correction to Airworthiness Directive Federal Aviation Regulations (14 CFR DEPARTMENT OF TRANSPORTATION (AD) 99–15–02 applicable to certain part 71) amends Class D hours of Pratt &Whitney (PW) JT9D series Federal Aviation Administration operation and establishes Class E2 turbofan engines that was published in surface area airspace at Cairns Army the Federal Register on July 16, 1999 14 CFR Part 71 Airfield, Fort Rucker, AL. (64 FR 38299). Part number (P/N) and The FAA has determined that this service bulletin (SB) references in the [Airspace Docket No. 99±ASO±14] regulation only involves an established body of technical regulations for which compliance section are incorrect. This Amendment to Class D and document corrects those references. In frequent and routine amendment are Establishment of Class E2 Airspace; necessary to keep them operationally all other respects, the original document Fort Rucker, AL remains the same. current. It, therefore, (1) is not a ‘‘significant regulatory action’’ under EFFECTIVE DATE: October 15, 1999. AGENCY: Federal Aviation Administration (FAA), DOT. Executive Order 12866; (2) is not a FOR FURTHER INFORMATION CONTACT: ‘‘significant rule’’ under DOT ACTION: Final rule. Peter White, Aerospace Engineer, Regulatory Policies and Procedures (44 Engine Certification Office, FAA, Engine SUMMARY: This amendment modifies FR 10034; February 26, 1979); and (3) and Propeller Directorate, 12 New Class D airspace and establishes Class does not warrant preparation of a England Executive Park, Burlington, MA E2 airspace at Fort Rucker, AL. The Regulatory Evaluation, as the 01803–5299; telephone (781) 238–7128, control tower at Cairns Army Airfield is anticipated impact is so minimal. Since fax (781) 238–7199. open 0600–0100 daily. Therefore, the this is a routine matter that will only SUPPLEMENTARY INFORMATION: A final Class D airspace hours of operation are affect air traffic procedures and air rule airworthiness directive applicable amended from continuous to part time. navigation, it is certified that this rule to Pratt & Whitney (PW) JT9D–3A, –7, This action requires establishment of will not have significant economic –7H, –7A, –7AH, –7F, –7J, –20, and –20J Class E2 surface area airspace when the impact on a substantial number of small series turbofan engines, was published tower is closed and approach control entities under the criteria of the in the Federal Register on July 16, 1999 service is provided by Cairns Army Regulatory Flexibility Act. (64 FR 38299). The part number Radar Approach Control Facility. referenced in the AD should read List of Subjects in 14 CFR Part 71 EFFECTIVE DATE: 0901 UTC, December 734514 instead of 734515. After Airspace, Incorporation by reference, 30, 1999. performing the required actions on the Navigation (air). FOR FURTHER INFORMATION CONTACT: flange, P/N 734514, the entire case Adoption of the Amendment becomes P/N 734515. Thus, there is no Nancy B. Shelton, Manager, Airspace flange with P/N 734715, and the AD Branch, Air Traffic Division, Federal In consideration of the foregoing, the must be corrected to eliminate this Aviation Administration, P.O. Box Federal Aviation Administration typographical error. In addition, the 20636, Atlanta, Georgia 30320; amends 14 CFR part 71 as follows: Service Bulletin referenced for telephone (404) 305–5627. PART 71ÐDESIGNATION OF CLASS A, performing the inspections is changed SUPPLEMENTARY INFORMATION: CLASS B, CLASS C, CLASS D, AND to refer to the SB that contains the History CLASS E AIRSPACE AREAS; actual inspection procedure. ASB 6343 AIRWAYS; ROUTES; AND REPORTING only refers to ASB 4482. The following On August 18, 1999, the FAA POINTS correction is needed: proposed to amend part 71 of the Federal Aviation Regulations (14 CFR 1. The authority citation for 14 CFR § 39.13 [Corrected] part 71) by amending Class D hours of part 71 continues to read as follows: 1. On page 38300, in the third operation and establishing Class E2 Authority: 49 U.S.C. 106(g), 40103, 40113, column, in the Compliance Section, in airspace at Fort Rucker, AL, (64 FR 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– paragraph (d), in the fifth line, ‘‘P/N 44865). This amendment modifies Class 1963 Comp., p. 389. 734515’’ is corrected to read ‘‘P/N D hours of operation and establishes 734514’’. Class E2 surface area airspace at Fort § 71.1 [Amended] 2. On page 38300, in the third Rucker, AL. Designations for Class D 2. The incorporation by reference in column, in the Compliance Section, in airspace extending upward from the 14 CFR 71.1 of Federal Aviation paragraph (d), in the seventh and eighth surface of the earth and Class E airspace Administration Order 7400.9G, Airspace

VerDate 12-OCT-99 17:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.XXX pfrm02 PsN: 15OCR1 55816 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

Designations and Reporting Points, Special Copter GPS 158 Point In Space body of technical regulations for which dated September 1, 1999, and effective approach to Mendocino Coast District frequent and routine amendments are September 16, 1999, is amended as Hospital Heliport. The intended effect of necessary to keep them operationally follows: this action is to provide adequate current. Therefore, this regulation—(1) Paragraph 5000 Class D Airspace controlled airspace for Instrument Flight is not a ‘‘significant regulatory action’’ Rules (IFR) operations at Mendocino under Executive Order 12866; (2) is not * * * * * Coast District Hospital Heliport, Fort a ‘‘significant rule’’ under DOT ASO AL D Fort Rucker, AL [Revised] Bragg, CA. Regulatory Policies and Procedures (44 Cairns Army Air Field, AL EFFECTIVE DATE: 0901 UTC November 4, FR 11034; February 26, 1979); and (3) (Lat. 31°16′37′′N, long. 85°42′36′′W) 1999. does not warrant preparation of a That airspace extending upward from the FOR FURTHER INFORMATION CONTACT: Regulatory Evaluation as the anticipated surface to and including 2, 800 feet MSL Larry Tonish, Airspace Specialist, impact is so minimal. Since this is a within a 5-mile radius of lat. 31°18′30′′N, routine matter that will only affect air ° ′ ′′ Airspace Branch, AWP–520, Air Traffic long. 85 42 20 W. This Class D airspace area Division, Western-Pacific Region, traffic procedures and air navigation, it is effective during the specific dates and is certified that this rule will not have times establised in advance by a Notice to Federal Aviation Administration, 15000 Aviation Boulevard, Lawndale, a significant economic impact on a Airmen. The effective date and time will substantial number of small entities thereafter be continuously published in the California 90261, telephone (310) 725– DOD IFR—Supplement Airport/Facility 6539. under the criteria of the Regulatory Flexibility Act. Directory. SUPPLEMENTARY INFORMATION: * * * * * List of Subjects in 14 CFR Part 71 History Paragraph 6002 Class E Airspace Airspace, Incorporation by reference, Designated as Surface Area On August 13, 1999, the FAA proposed to amend 14 CFR part 71 by Navigation (air). * * * * * establishing a Class E airspace area at Adoption of the Amendment ASO AL E2 Fort Rucker, AL [New] Fort Bragg, CA (64 FR 44141). In consideration of the foregoing, the ° ′ ′′ Controlled airspace extending upward Within a 5-mile radius of lat. 31 18 30 N, Federal Aviation Administration ° ′ ′′ from 700 feet above the surface is long 85 42 20 W. This Class E surface area amends 14 CFR part 17 as follows: airspace is effective during the specific days needed to contain helicopters executing and times established in advance by a Notice the Special Copter GPS 158 Point In PART 71ÐDESIGNATION OF CLASS A, to Airmen. The effective days and times will Space approach at the Mendocino Coast CLASS B, CLASS C, CLASS D, AND thereafter be continuously published in the District Hospital Heliport. This action CLASS E AIRSPACE AREAS; ROUTES; DOD IFR—Supplement Airport/Facility will provide adequate controlled Directory. AND REPORTING POINTS airspace for IFR operations at the * * * * * Mendocino Coast District Hospital 1. The authority citation for 14 CFR Issued in College Park, Georgia, on Heliport, Fort Bragg, CA. part 71 continues to read as follows: September 24, 1999. Interested parties were invited to Nancy B. Shelton, Authority: 49 U.S.C. 106(g), 40103, 40113, participate in this rulemaking 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Acting Manager, Air Traffic Division Southern proceeding by submitting written 1963 Comp., p. 389; 14 CFR 11.69. Region. comments on the proposal to the FAA. [FR Doc. 99–26949 Filed 10–14–99; 8:45 am] No comments to the proposal were § 71.1 [Amended] BILLING CODE 4910±13±M received. Class E airspace designations 2. The incorporation by reference in for airspace extending from 700 feet or 14 CFR 71.1 of the Federal Aviation more above the surface of the earth are Administration Order 7400.9G, Airspace DEPARTMENT OF TRANSPORTATION published in paragraph 6005 of FAA Designations and Reporting Points, dated September 1, 1999, and effective Federal Aviation Administration Order 7400.9G dated September 1, 1999, and effective September 16, 1999, which September 16, 1999, is amended as 14 CFR Part 71 is incorporated by reference in 14 CFR follows: 71.1. The Class E airspace designation [Airspace Docket No. 99±AWP±12] Paragraph 6005 Class E airspace areas listed in this document will be extending upward from 700 feet or more published subsequently in the Order. Establishment of Class E Airspace; above the surface of the earth. Fort Bragg, CA The Rule * * * * * AGENCY: Fedral Aviation Administration This amendment to 14 CFR part 71 AWP CA E5 Fort Bragg, CA [New] (FAA), DOT. establishes a Class E airspace area at Mendocino Coast District Hospital Heliport, ACTION: Final rule. Fort Bragg, CA. Controlled airspace CA Point In Space Coordinates extending upward from 700 feet above (Lat. 39°26′34′′N, long. 123°48′04′′W) SUMMARY: This action establishes a Class the surface is required for helicopters That airspace extending upward from 700 E airspace area at Fort Bragg, CA. The executing the Special Copter GPS 158 feet above the surface within a 6-mile radius establishment of a Special Global Point In Space approach to the or the Point In Space serving the Mendocino Positioning System (GPS) Standard Mendocino Coast District Hospital Coast District Hospital Heliport. Instrument Approach Procedure (SIAP) Heliport. The effect of this action will * * * * * Copter 158 Point In Space approach provide adequate airspace for Issued in Los Angeles, California, on serving Mendocino Coast District helicopters executing the Special Copter September 23, 1999. Hospital Heliport has made this action GPS 158 Point In Space approach to the John Clancy, necessary. Controlled airspace Mendocino Coast District Hospital Manager, Air Traffic Division, Western-Pacific extending upward from 700 feet or more Heliport, Fort Bragg, CA. Region. above the surface of the earth is needed The FAA has determined that this [FR Doc. 99–26950 Filed 10–14–99; 8:45 am] to contain helicopters executing the regulation only involves an established BILLING CODE 4910±13±M

VerDate 12-OCT-99 17:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.XXX pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55817

DEPARTMENT OF TRANSPORTATION more above the surface of the earth are Designations and Reporting Points, published in paragraph 6005 of FAA dated September 1, 1999, and effective Federal Aviation Administration Order 7400.9G dated September 1, 1999, September 16, 1999, is amended as and effective September 16, 1999, which follows: 14 CFR Part 71 is incorporated by reference in 14 CFR Paragraph 6005 Class E airspace areas [Airspace Docket No. 99±AWP±13] 71.1. The Class E airspace designation extending upward from 700 feet or more listed in this document will be above the surface of the earth. Establishment of Class E Airspace; published subsequently in the Order. Gualala, CA * * * * * The Rule AWP CA E5 Gualala, CA [New] AGENCY: Federal Aviation This amendment to 14 CFR part 71 Administration (FAA), DOT. Redwood Coast Medical Services Hospital establishes a Class E airspace area at Heliport, CA Point In Space Coordinates ACTION: Final rule. Gualala, CA. Controlled airspace (Lat. 38°45′31′′N, long. 123°32′20′′W) extending upward from 700 feet above SUMMARY: This action establishes a Class That airspace extending upward from 700 E airspace area at Gualala, CA. The the surface is required for helicopters feet above the surface within a 6-mile radius establishment of a Special Global executing the Special Copter 015 Point of the Point In Space serving the Redwood In Space approach at the Redwood Coast Medical Services Hospital Heliport. Positioning System (GPS) Standard Coast Medical Services Hospital Instrument Approach Procedure (SIAP) * * * * * Heliport. The effect of this action will Copter 015 Point In Space approach Issued in Los Angeles, California, on provide adequate airspace for September 23, 1999. serving Redwood Coast Medical helicopters executing the Special Copter Services Hospital Heliport has made John Clancy, GPS 015 Point In Space approach at the this action necessary. Controlled Manager, Air Traffic Division, Western-Pacific Redwood Coast Medical Services airspace extending upward from 700 Region. Hospital Heliport, Gualala, CA. feet or more above the surface of the [FR Doc. 99–26948 Filed 10–14–99; 8:45 am] The FAA has determined that this BILLING CODE 4910±13±M earth is needed to contain helicopters regulation only involves an established executing the Special Copter GPS 015 body of technical regulations for which Point In Space approach to Redwood frequent and routine amendments are DEPARTMENT OF TRANSPORTATION Coast Medical Services Hospital necessary to keep them operationally Heliport. The intended effect of this current. Therefore, this regulation—(1) Federal Aviation Administration action is to provide adequate controlled is not a ‘‘significant regulatory action’’ airspace for Instrument Flight Rules under Executive Order 12866; (2) is not 14 CFR Part 71 (IFR) operations at Redwood Coast a ‘‘significant rule’’ under DOT Medical Services Hospital Heliport, Regulatory Policies and Procedures (44 [Airspace Docket No. 99±AWP±16] Gualala, CA. FR 11034; February 26, 1979); and (3) EFFECTIVE DATE: 0901 UTC November 4, does not warrant preparation of a Establishment of Class E Airspace; 1999. Regulatory Evaluation as the anticipated Lakeport, CA FOR FURTHER INFORMATION CONTACT: impact is so minimal. Since this is a AGENCY: Federal Aviation Larry Tonish, Airspace Specialist, routine matter that will only affect air Administration (FAA), DOT. Airspace Branch, AWP–520, Air Traffic traffic procedures and air navigation, it ACTION: Final rule. Division, Western-Pacific Region, is certified that this rule will not have Federal Aviation Administration, 15000 a significant economic impact on a SUMMARY: This action establishes a Class Aviation Boulevard, Lawndale, substantial number of small entities E airspace area at Lakeport, CA. The California 90261, telephone (310) 725– under the criteria of the Regulatory establishment of a Special Global 6539. Flexibility Act. Positioning System (GPS) Standard SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 71 Instrument Approach Procedure (SIAP) History Copter 293 Point In Space approach Airspace, Incorporation by reference, serving Sutter Lakeside Hospital On August 13, 1999, the FAA Navigation (air). Heliport has made this action necessary. proposed to amend 14 CFR part 71 by Controlled airspace extending upward establishing a Class E airspace area at Adoption of the Amendment from 700 feet or more above the surface Gualala, CA (64 FR 44144). Controlled In consideration of the foregoing, the of the earth is needed to contain airspace extending upward from 700 Federal Aviation Administration helicopters executing the Special Copter feet above the surface is needed to amends 14 CFR part 71 as follows: GPS 293 Point In Space approach to contain helicopters executing the Sutter Lakeside Hospital Heliport. The Special Copter GPS 015 Point In Space PART 71ÐDESIGNATION OF CLASS A, intended effect of this action is to approach at the Redwood Coast Medical CLASS B, CLASS C, CLASS D, AND provide adequate controlled airspace for Services Hospital Heliport. This action CLASS E AIRSPACE AREAS; ROUTES; Instrument Flight Rules (IFR) operations will provide adequate controlled AND REPORTING POINTS at the Sutter Lakeside Hospital Heliport, airspace for IFR operations at the 1. The authority citation for 14 CFR Lakeport, CA. Redwood Coast Medical Services part 71 continues to read as follows: Hospital Heliport, Gualala, CA. EFFECTIVE DATE: 0901 UTC November 4, Authority: 49 U.S.C. 106(g), 40103, 40113, 1999. Interested parties were invited to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– participate in this rulemaking 1963 Comp., p. 389; 14 CFR 11.69. FOR FURTHER INFORMATION CONTACT: proceeding by submitting written Larry Tonish, Airspace Specialist, comments on the proposal to the FAA. § 71.1 [Amended] Airspace Branch, AWP–520, Air Traffic No comments to the proposal were 2. The incorporation by reference in Division, Western-Pacific Region, received. Class E airspace designations 14 CFR 71.1 of the Federal Aviation Federal Aviation Administration, 15000 for airspace extending from 700 feet or Administration Order 7440.9G, Airspace Aviation Boulevard, Lawndale,

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.089 pfrm02 PsN: 15OCR1 55818 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

California 90261, telephone (310) 725– List of Subjects in 14 CFR Part 71 Copter 321 Point In Space approach 6539. Airspace, Incorporation by reference, serving Redbud Community Hospital SUPPLEMENTARY INFORMATION: Navigation (air). Heliport has made this action necessary. Controlled airspace extending upward History Adoption of the Amendment from 700 feet or more above the surface On August 31, 1999, the FAA In consideration of the foregoing, the of the earth is needed to contain proposed to amend 14 CFR part 71 by Federal Aviation Administration helicopters executing the Special Copter establishing a Class E airspace area at amends 14 CFR part 71 as follows: GPS 321 Point In Space approach to Lakeport, CA (64 FR 47451). Controlled Redbud Community Hospital Heliport. airspace extending upward from 700 PART 71ÐDESIGNATION OF CLASS A, The intended effect of this action is to feet above the surface is needed to CLASS B, CLASS C, CLASS D, AND provide adequate controlled airspace for contain helicopters executing the CLASS E AIRSPACE AREAS; ROUTES; Instrument Flight Rules (IFR) operations Special Copter GPS 293 Point In Space AND REPORTING POINTS at the Redbud Community Hospital approach at the Sutter Lakeside Hospital Heliport, Clearlake, CA. Heliport. This action will provide 1. The authority citation for 14 CFR part 71 continues to read as follows: EFFECTIVE DATE: 0901 UTC November 4, adequate controlled airspace for IFR 1999. operations at the Sutter Lakeside Authority: 49 U.S.C. 106(g), 40103, 40113, FOR FURTHER INFORMATION CONTACT: Hospital Heliport, Lakeport, CA. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Interested parties were invited to 1963 Comp., p. 389; 14 CFR 11.69. Larry Tonish, Airspace Specialist, participate in this rulemaking Airspace Branch, AWP–520, Air Traffic § 71.1 [Amended] proceeding by submitting written Division, Western-Pacific Region, comments on the proposal to the FAA. 2. The incorporation by reference in Federal Aviation Administration, 15000 No comments to the proposal were 14 CFR 71.1 of the Federal Aviation Aviation Boulevard, Lawndale, received. Class E airspace designations Administration Order 7400.9G, Airspace California 90261, telephone (310) 725– for airspace extending from 700 feet or Designations and Reporting Points, 6539. more above the surface of the earth are dated September 1, 1999, and effective SUPPLEMENTARY INFORMATION: September 16, 1999, is amended as published in paragraph 6005 of FAA History Order 7400.9G dated September 1, 1999, follows: and effective September 16, 1999, which Paragraph 6005 Class E airspace areas On August 13, 1999, the FAA is incorporated by reference in 14 CFR extending upward from 700 feet or more proposed to amend 14 CFR part 71 by 71.1. The Class E airspace designation above the surface of the earth. establishing a Class E airspace area at listed in this document will be * * * * * Clearlake, CA (64 FR 44140). Controlled published subsequently in the Order. airspace extending upward from 700 AWP CA E5 Lakeport, CA [New] feet above the surface is needed to The Rule Sutter Lakeside Hospital Heliport, CA Point contain helicopters executing the This amendment to 14 CFR part 71 In Space Coordinates Special Copter GPS 321 Point In Space establishes a Class E airspace area at (Lat. 39°06′09′′N, long. 122°53′19′′W) approach at the Redbud Community Lakeport, CA. Controlled airspace That airspace extending upward from 700 Hospital Heliport. This action will extending upward from 700 feet above feet above the surface within a 5-mile radius provide adequate controlled airspace for the surface is required for helicopters of the Point In Space serving the Sutter IFR operations at the Redbud executing the Special Copter GPS 293 Lakeside Hospital Heliport. Community Hospital Heliport, Point In Space approach to the Sutter * * * * * Clearlake, CA. Lakeside Hospital Heliport. The effect of Issued in Los Angeles, California, on Interested parties were invited to this action will provide adequate September 23, 1999. participate in this rulemaking airspace for helicopters executing the John Clancy, proceeding by submitting written Special Copter GPS 293 Point In Space Manager, Air Traffic Division, Western-Pacific comments on the proposal to the FAA. approach to the Sutter Lakeside Region. No comments to the proposal were Hospital Heliport, Lakeport, CA. [FR Doc. 99–26947 Filed 10–14–99; 8:45 am] received. Class E airspace designations The FAA has determined that this BILLING CODE 4910±13±M for airspace extending from 700 feet or regulation only involves an established more above the surface of the earth are body of technical regulations for which published in paragraph 6005 of FAA frequent and routine amendments are DEPARTMENT OF TRANSPORTATION Order 7400.9G dated September 1, 1999, necessary to keep them operationally and effective September 16, 1999, which Federal Aviation Administration current. Therefore, this regulation—(1) is incorporated by reference in 14 CFR is not a ‘‘significant regulatory action’’ 14 CFR Part 71 71.1. The Class E airspace designation under Executive Order 12866; (2) is not listed in this document will be a ‘‘significant rule’’ under DOT [Airspace Docket No. 99±AWP±15] published subsequently in the Order. Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) Establishment of Class E Airspace; The Rule does not warrant preparation of a Clearlake, CA This amendment to 14 CFR part 71 Regulatory Evaluation as the anticipated AGENCY: Federal Aviation establishes a Class E airspace area at impact is so minimal. Since this is a Administration (FAA), DOT. Clearlake, CA. Controlled airspace routine matter that will only affect air ACTION: Final rule. extending upward from 700 feet above traffic procedures and air navigation, it the surface is required for helicopters is certified that this rule will not have SUMMARY: This action establishes a Class executing the Special Copter GPS 321 a significant economic impact on a E airspace area at Clearlake, CA. The Point In Space approach to the Redbud substantial number of small entities establishment of a Special Global Community Hospital Heliport. The under the criteria of the Regulatory Positioning System (GPS) Standard effect of this action will provide Flexibility Act. Instrument Approach Procedure (SIAP) adequate airspace for helicopters

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.090 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55819 executing the Special Copter GPS 321 Issued in Los Angeles, California, on Interested parties were invited to Point In Space approach to the Redbud September 23, 1999. participate in this rulemaking Community Hospital Heliport, John Clancy proceeding by submitting written Clearlake, CA. Manager, Air Traffic Division, Western-Pacific comments on the proposal to the FAA. The FAA has determined that this Region No comments to the proposal were regulation only involves an established [FR Doc. 99–26946 Filed 10–14–99; 8:45 am] received. Class E airspace designations body of technical regulations for which BILLING CODE 4910±13±M for airspace extending from 700 feet or frequent and routine amendments are more above the surface of the earth are necessary to keep them operationally published in paragraph 6005 of FAA current. Therefore, this regulation—(1) DEPARTMENT OF TRANSPORTATION Order 7400.9G dated September 1, 1999, and effective September 16, 1999, which is not a ‘‘significant regulatory action’’ Federal Aviation Administration under Executive Order 12866; (2) is not is incorporated by reference in 14 CFR 71.1. The Class E airspace designation a ‘‘significant rule’’ under DOT 14 CFR Part 71 Regulatory Policies and Procedures (44 listed in this document will be FR 11034; February 26, 1979); and (3) [Airspace Docket No. 99±AWP±17] published subsequently in the Order. does not warrant preparation of a The Rule Regulatory Evaluation as the anticipated Establishment of Class E Airspace; impact is so minimal. Since this is a Napa, CA This amendment to 14 CFR part 71 routine matter that will only affect air establishes a Class E airspace area at AGENCY: Federal Aviation traffic procedures and air navigation, it Napa, CA. Controlled airspace Administration (FAA), DOT. is certified that this rule will not have extending upward from 700 feet above a significant economic impact on a ACTION: Final rule. the surface is required for helicopters substantial number of small entities executing the Special Copter GPS 050 SUMMARY: This action establishes a Class Point In Space approach to the Queen under the criteria of the Regulatory E airspace area at Napa, CA. The Flexibility Act. of the Valley Hospital Heliport. The establishment of a Special Global effect of this action will provide List of Subjects in 14 CFR Part 71 Positioning System (GPS) Standard adequate airspace for helicopters Instrument Approach Procedure (SIAP) executing the Special Copter GPS 050 Airspace, Incorporation by reference, Copter 050 Point In Space approach Point In Space approach to the Queen Navigation (air). serving Queen of the Valley Hospital of the Valley Hospital Heliport, Napa, Adoption of the Amendment Heliport has made this action necessary. CA. Controlled airspace extending upward The FAA has determined that this In consideration of the foregoing, the from 700 feet or more above the surface regulation only involves an established Federal Aviation Administration of the earth is needed to contain body of technical regulations for which amends 14 CFR part 71 as follows: helicopters executing the Special Copter frequent and routine amendments are GPS 050 Point In Space approach to necessary to keep them operationally PART 71ÐDESIGNATION OF CLASS A, Queen of the Valley Hospital Heliport. CLASS B, CLASS C, CLASS D, AND current. Therefore, this regulation—(1) The intended effect of this action is to is not a ‘‘significant regulatory action’’ CLASS E AIRSPACE AREAS; ROUTES; provide adequate controlled airspace for AND REPORTING POINTS. under Executive Order 12866; (2) is not Instrument Flight Rules (IFR) operations a ‘‘significant rule’’ under DOT at the Queen of the Valley Hospital 1. The authority citation for 14 CFR Regulatory Policies and Procedures (44 Heliport, Napa, CA. part 71 continues to read as follows: FR 11034; February 26, 1969); and (3) EFFECTIVE DATE: 0901 UTC November 4, does not warrant preparation of a Authority: 49 U.S.C. 106(g), 40103, 40113, 1999. Regulatory Evaluation as the anticipated 40120; E. O. 10854, 24 FR 9565, 3 CFR,, 1959–1963 Comp., p. 389; 14 CFR 11.69. FOR FURTHER INFORMATION CONTACT: impact is so minimal. Since this is a Larry Tonish, Airspace Specialist, routine matter that will only affect air § 71.1 [Amended] Airspace Branch, AWP–520, Air Traffic traffic procedures and air navigation, it is certified that this rule will not have 2. The incorporation by reference in Division, Western-Pacific Region, a significant economic impact on a 14 CFR 71.1 of the Federal Aviation Federal Aviation Administration, 15000 substantial number of small entities Administration Order 7400.9G, Airspace Aviation Boulevard, Lawndale, under the criteria of the Regulatory Designations and Reporting Points, California 90261, telephone (310) 725– Flexibility Act. dated September 1, 1999, and effective 6539. September 16, 1999, is amended as SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 71 follows: History Airspace, Incorporation by reference, Paragraph 6005 Class E airspace areas On August 13, 1999, the FAA Navigation (air). extending upward from 700 feet or more above the surface of the earth. proposed to amend 14 CFR part 71 by Adoption of the Amendment establishing a Class E airspace area at * * * * * Napa, CA (64 FR 44142). Controlled In consideration of the foregoing, the Federal Aviation Administration AWP CA E5 Clearlake, CA [New] airspace extending upward from 700 amends 14 CFR part 71 as follows: Redbud Community Hospital Heliport, CA feet above the surface is needed to Point In Space Coordinates contain helicopters executing the PART 71ÐDESIGNATION OF CLASS A, ° ′ ′′ ° ′ ′′ (Lat. 38 55 01 N, long. 122 36 42 W) Special Copter GPS 050 Point In Space CLASS B, CLASS C, CLASS D, AND That airspace extending upward from 700 approach at the Queen of the Valley CLASS E AIRSPACE AREAS; ROUTES; feet above the surface within a 6-mile radius Hospital Heliport. This action will AND REPORTING POINTS. of the Point In Space serving the Redbud provide adequate controlled airspace for Community Hospital Heliport. IFR operations at the Queen of the 1. The authority citation for 14 CFR * * * * * Valley Hospital Heliport, Napa, CA. part 71 continues to read as follows:

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.091 pfrm02 PsN: 15OCR1 55820 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

Authority: 49 U.S.C. 106(g), 40103, 40113, at the St. Helena Fire Department is not a ‘‘significant regulatory action’’ 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Heliport, St. Helena, CA. under Executive Order 12866; (2) is not 1963 Comp., p. 389; 14 CFR 11.69. EFFECTIVE DATE: 0901 UTC November 4, a ‘‘significant rule’’ under DOT § 71. [Amended] 1999. Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) 2. The incorporation by reference in FOR FURTHER INFORMATION CONTACT: Larry Tonish, Airspace Specialist, does not warrant preparation of a 14 CFR 71.1. of the Federal Aviation Regulatory Evaluation as the anticipated Administration Order 7400.9G, Airspace Airspace Branch, AWP–520, Air Traffic Division, Western-Pacific Region, impact is so minimal. Since this is a Designations and Reporting Points, routine matter that will only affect air dated September 1, 1999, and effective Federal Aviation Administration, 15000 Aviation Boulevard, Lawndale, traffic procedures and air navigation, it September 16, 1999, is amended as is certified that this rule will not have follows: California 90261, telephone (310) 725– 6539. a significant economic impact on a Paragraph 6005 Class E airspace areas substantial number of small entities SUPPLEMENTARY INFORMATION: extending upward from 700 feet or more under the criteria of the Regulatory above the surface of the earth. History Flexibility Act. * * * * * On August 13, 1999, the FAA List of Subjects in 14 CFR Part 71 AWP CA E5, Napa, CA [New] proposed to amend 14 CFR part 71 by Airspace, Incorporation by reference, Queen of the Valley Hospital Heliport, CA establishing a Class E airspace area at St. Navigation (air). Point In Space Coordinates Helena, CA (64 FR 44139). Controlled (Lat. 38°19′31′′N, long. 122°18′53′′W) airspace extending upward from 700 Adoption of the Amendment That airspace extending upward from 700 feet above the surface is needed to contain helicopters executing the In consideration of the foregoing, the feet above the surface within a 5-mile radius Federal Aviation Administration of a Point In Space serving the Queen of the Special Copter GPS 293 Point In Space amends 14 CFR part 71 as follows: Valley Hospital Heliport. approach at the St. Helena Fire * * * * * Department Heliport. This action will PART 71ÐDESIGNATION OF CLASS A, Issued in Los Angeles, California, on provide adequate controlled airspace for CLASS B, CLASS C, CLASS D, AND September 23, 1999. IFR operations at the St. Helena Fire CLASS E AIRSPACE AREAS; ROUTES; John Clancy, Department Heliport, St. Helena, CA. AND REPORTING POINTS. Manager, Air Traffic Division, Western-Pacific Interested parties were invited to Region. participate in this rulemaking 1. The authority citation for 14 CFR [FR Doc. 99–26951 Filed 10–14–99; 8:45 am] proceeding by submitting written part 71 continues to read as follows: comments on the proposal to the FAA. BILLING CODE 4910±13±M No comments to the proposal were Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– received. Class E airspace designations 1963 Comp., p. 389; 14 CFR 11.69. DEPARTMENT OF TRANSPORTATION for airspace extending from 700 feet or more above the surface of the earth are § 71.1 [Amended] Federal Aviation Administration published in paragraph 6005 of FAA 2. The incorporation by reference in Order 7400.9B dated September 1, 1999, 14 CFR 71.1 of the Federal Aviation 14 CFR Part 71 and effective September 16, 1999, which Administration Order 7400.9G, Airspace [Airspace Docket No. 99±AWP±14] is incorporated by reference in 14 CFR Designations and Reporting Points, 71.1 The Class E airspace designation dated September 1, 1999, and effective Establishment of Class E Airpsace; St. listed in this document will be September 16, 1999, is amended as Helena, CA published subsequently in the Order. follows: AGENCY: Federal Aviation The Rule Paragraph 6005 Class E airspace areas Administration (FAA), DOT. This amendment to 14 CFR part 71 extending upward from 700 feet or more above the surface of the earth ACTION: Final rule. establishes a Class E airspace area at St. Helena, CA. Controlled airspace * * * * * SUMMARY: This action establishes a Class extending upward from 700 feet above AWP CA E5 St. Helena, CA [New] E airpsace area at St. Helena, CA. The the surface is required for helicopters establishment of a Special Global executing the Special Copter GPS 293 St. Helena Fire Department Heliport, CA Positioning System (GPS) Standard Point In Space approach to the St. Point In Space Coordinates ° ′ ′′ ° ′ ′′ Instrument Approach Procedure (SIAP) Helena Fire Department Heliport. The (Lat. 38 32 21 N, long. 122 29 35 W) Copter 293 Point In Space approach effect of this action will provide That airspace extending upward from 700 serving St. Helena Fire Department adequate airspace for helicopters feet above the surface within a 7-mile radius Heliport has made this action necessary. executing the Special Copter GPS 293 of the Point In Space serving the Mt. Helena Controlled airspace extending upward Point In Space approach to the St. Fire Department Heliport. from 700 feet or more above the surface Helena Fire Department Heliport, St. * * * * * of the earth is needed to contain Helena, CA. Issued in Los Angeles, California, on helicopters executing the Special Copter The FAA has determined that this September 23, 1999. GPS 293 Point In Space approach to St. regulation only invovles an established John Clancy, Helena Fire Department Heliport. The body of technical regulations for which Manager, Air Traffic Division, Western-Pacific intended effect of this action is to frequent and routine amendments are Region. provide adequate controlled airspace for necessary to keep them operationally [FR Doc. 99–26952 Filed 10–14–99; 8:45 am] Instrument Flight Rules (IFR) operations current. Therefore, this regulation—(1) BILLING CODE 4910±13±M

VerDate 12-OCT-99 17:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.XXX pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55821

DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Amendment 9 Measures Regina L. Spallone, Fishery Policy National Oceanic and Atmospheric Analyst, 978–281–9221. This final rule revises the regulations Administration implementing the Northeast SUPPLEMENTARY INFORMATION: Multispecies FMP to add Atlantic 15 CFR Part 902 Background halibut (Hippoglossus hippoglossus) to the management unit of the FMP and to Amendment 9 was prepared by the 50 CFR Part 648 implement management measures for New England Fishery Management that species. This rule implements a 1- [Docket No. 990226056±9213±02; I.D. Council (Council) mainly to address fish halibut possession limit with a 122498C] requirements of the Magnuson-Stevens minimum size of 36 inches (66 cm); Act, as amended by the SFA on October RIN 0648±AL31 postpones implementation of the VMS 11, 1996, eliminate overfishing, and requirement beyond May 1, 1999; Northeast Multispecies Fishery; rebuild many of the groundfish stocks. modifies the framework process to allow Amendment 9 to the Northeast Amendment 11 to the FMP identifies for aquaculture projects and changes to Multispecies Fishery Management Plan and describes essential fish habitat the OFDs; and prohibits brush-sweep (EFH) of groundfish stocks as required AGENCY: National Marine Fisheries trawl gear when fishing for by the SFA. NMFS approved Service (NMFS), National Oceanic and multispecies. Amendment 11 on behalf of the Atmospheric Administration (NOAA), Secretary of Commerce (Secretary) on Comments and Responses Commerce. March 3, 1999. Background concerning ACTION: Final rule. the development of Amendment 9 was Eighteen written comments on provided in the preamble of the notice Amendment 9 were received during the SUMMARY: NMFS issues this final rule to comment period established by the implement the approved portions of of proposed rulemaking (64 FR 13952, March 23, 1999) and in the supplement notice of availability of the amendment, Amendment 9 to the Northeast which ended March 8, 1999. These Multispecies Fishery Management Plan to the proposed rule (64 FR 19111, April 19, 1999), and is not repeated here. This comments were considered by NMFS in (FMP). This rule adds Atlantic halibut its decision to partially approve to the species managed under the FMP, final rule implements approved measures contained in Amendment 9 to Amendment 9 on April 7, 1999. In implements a 1–fish per vessel halibut addition, NMFS received two comments possession limit with a minimum size of the FMP intended to eliminate overfishing and rebuild many of the during the comment period specified for 36 inches (66 cm); postpones the proposed rule, which ended on May implementation of the Vessel groundfish stocks. Specifically, the 3, 1999. Comments pertaining to both Monitoring System (VMS) requirement; measures establish new overfishing the amendment and the rule that were modifies the framework process to allow definitions (OFDs) for various received during the respective comment for aquaculture projects and changes to groundfish species and stocks, add periods are addressed here. the overfishing definitions (OFDs); and Atlantic halibut to the FMP’s prohibits brush-sweep trawl gear when management unit to begin rebuilding Comment 1: Several comments were fishing for multispecies. The chief this severely overfished stock, and received that did not support the purpose of Amendment 9 is to address prohibit brush sweep gear until the increases in minimum fish size for requirements of the Magnuson-Stevens Council better understands its fishing winter flounder. Some of these Fishery Conservation and Management efficiency given the overall short-term comments stated that the size increases: Act (Magnuson-Stevens Act), as goal to reduce fishing effort. (1) merely postpone mortality, rather amended by the Sustainable Fisheries Implementation of the VMS requirement than reduce it, (2) would have a Act (SFA). is postponed so the Council can address disproportionate impact on participants o DATES: This rule is effective November outstanding policy, equity, and west of 72 30’, (3) are not consistent o 15, 1999. operations issues. with mesh in place west of 72 30’, (4) would increase discards, and (5) favor ADDRESSES: Copies of Amendment 9, its On behalf of the Secretary, NMFS Regulatory Impact Review, and the disapproved on April 7, 1999, two fishermen in Northern states at the Final Environmental Assessment are measures proposed in Amendment 9 expense of southerly fishermen. These after evaluation of the amendment, as commenters generally supported a 12– available from Paul J. Howard, o Executive Director, New England authorized in section 304(a)(3) of the inch (30.5 cm) size limit west of 72 30’, Fishery Management Council, Suntaug Magnuson-Stevens Act. The trip limits, limits on the length of trawl Office Park, 5 Broadway (U.S. Route 1), disapproved measures include an sweeps, and 6–inch (15.2 cm) codend in Saugus, MA 01906–1097. increase in the size limit for winter the Southern New England management Copies of the Final Regulatory flounder for both the commercial and area. At least one comment on this Flexibility Analysis (FRFA) are recreational fisheries to 13 inches (33.0 measure noted that the final report of available from Patricia Kurkul, Regional cm) from its current 12 inches (30.5 cm), SAW–28 indicated that this stock is not Administrator, NMFS, Northeast and the OFD for the Gulf of Maine overfished, and that with no further Regional Office, 1 Blackburn Drive, (GOM) winter flounder stock. management measures, the stock could Gloucester, MA 01930. Amendment 9 did not provide an OFD rebuild in 2 to 5 years. Comments regarding burden-hour for GOM winter flounder. Since none Response: On April 7, 1999, NMFS estimates for the collection-of- was provided, the OFD does not meet disapproved the size increases for information requirements contained in the requirements of the SFA or the winter flounder. The Council used this final rule should be sent to the Magnuson-Stevens Act. NMFS has preliminary information (the draft Regional Administrator and the Office notified the Council that it should revise Atlantic States Marine Fisheries of Information and Regulatory Affairs, the OFD at the next available Commission assessment of winter Office of Management and Budget, opportunity using the most recent flounder) to support the size increase. Washington, DC 20503 (Attention: assessment conducted at the 28th Stock The final SAW–28 report was not NOAA Desk Officer). Assessment Workshop (SAW–28). complete or available at the time the

VerDate 12-OCT-99 17:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.XXX pfrm02 PsN: 15OCR1 55822 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

Council initially considered the Upon completion of its review, NMFS relevant social, economic and ecological increases. Draft documents for SAW–28 concluded that the existing call-in factors, and also requires that OY take indicated the Southern New England/ system is adequate for the needs of the into account protection of marine Mid-Atlantic stock is overfished and fishery and that the framework ecosystems. Thus, the commenter would benefit from mortality reduction. mechanism would be the appropriate argues, Amendment 9 is deficient in However, the final interpretation of the place to re-initiate the program, should that it ignores fishing gears’ effect on results with respect to the revised the Council resolve the outstanding marine ecosystems and relies solely on national standard 1 guidelines (63 FR issues listed above. NMFS approved the mortality and the use of landings as a 24212, May 1, 1998) indicated that the indefinite postponement of the VMS proxy for mortality, which are not the stock is not overfished, and that the requirement for individual DAS vessels. same. The commenter does not support mortality reduction is not necessary. Comment 5: Several commenters management by mortality reduction. Instead, the stock could rebuild to expressed concern that Amendment 9 Response: The impacts of fishing maximum sustainable yield (MSY) in 2 does not address bycatch. One gears’ differential impacts on marine to 5 years under the management supported a comprehensive bycatch ecosystems, to the degree that they are measures currently in place. Since a review to address bycatch of unmanaged known, were fully considered in reduction is not necessary under the species, such as barndoor skate. Amendment 11 to the FMP. That final assessment results, the costs Response: NMFS and the Council are discussion and its findings were found imposed by the restrictive size limits are both active participants in the Atlantic to be acceptable under the requirements not justified. Therefore, this provision Coastal Cooperative Statistics Program of the SFA, and as a result, Amendment was disapproved. which is a long-term effort to improve 11 was approved on March 3, 1999 (64 Comment 2: One commenter supports the collection and utility of fisheries FR 199503, April 21, 1999). The OY a 13–inch (33–cm) fish size as an data - including bycatch. Currently, specified in Amendment 9 was found to incentive not to use illegal net liners. NMFS employs both the mandatory be in accordance with the SFA, and was Response: While NMFS supports Vessel Trip Reports (VTRs) and approved on April 7, 1999. The measures that would decrease illegal information gathered in the Northeast Magnuson-Stevens Act allows for a activity, NMFS found no compelling Fisheries Observer Program. Both of multi-faceted approach to achievement scientific or social benefit to increasing these systems review discards of both of OY, including mortality reduction, the fish size solely to achieve that goal. managed and unmanaged species, as which by definition includes the Further, revision to the interpretation of they are comprehensive. Assessment reduction of bycatch and bycatch the SAW–28 results indicating that the scientists have recently expanded their mortality (bycatch is defined as fish that stock is not overfished has changed the analysis of discards in stock are harvested but not sold or kept for scientific basis used to support the assessments for some species. personal use), stock rebuilding, and proposed minimum fish size increases. NMFS recognizes that bycatch, as habitat protection. The Council and As discussed in the response to defined under the Magnuson-Stevens NMFS have never defined mortality as Comment 1, NMFS has disapproved the Act, can include both managed and synonymous with landings, as this measure. unmanaged species. Measures contained comment letter states. Comment 3: One commenter supports in the FMP, such as DAS, fish sizes, Comment 7: Two commenters do not a prohibition on brush-sweep closed areas, and mesh requirements, support management by fishing (—streetsweeper’’) trawl gear. are designed to minimize bycatch and mortality (F) reduction and instead Response: NMFS agrees and approved bycatch mortality. Specific measures support opening closed areas to jigging. this provision on April 7, 1999. adopted under Amendment 9, such as Response: Reduction of F to rebuild Comment 4: One commenter the 1–fish halibut possession limit, overfished stocks is an appropriate supported implementation of the VMS recognize that the multi-species nature mechanism that has proven successful as soon as possible as an aid to of the fishery prevents complete in the Northeast Multispecies FMP and enforcement, whereas another expressed cessation of bycatch. The Council other FMPs. Additionally, the concern and disappointment that NMFS believes that additional management commenters’ suggestion of opening was considering disapproval of the measures regarding bycatch, beyond closed areas to jigging was not taken to recommended VMS postponement, and those adopted in Amendment 9, are public hearings for Amendment 9. urged approval of the delay. impracticable and unnecessary at this Therefore, under Section 304 of the Response: The mandatory use of VMS time. Magnuson-Stevens Act, NMFS could by individual days-at-sea (DAS) vessels Regarding barndoor skate, this species not implement such a measure in the was originally implemented under is the focus of recent media attention final rule implementing the approved Amendment 5 to the FMP. At the time, but was not of special concern when the measures of Amendment 9. NMFS the Administrator, Northeast Region, Council developed Amendment 9. As a encourages the commenters to forward NMFS (Regional Administrator) result, the species was not added to the their suggestions to the Council for authorized the alternative call-in system FMP’s management unit under consideration under future FMP as a method of notification for these Amendment 9. However, the Council amendments. vessels until the VMS was determined recently requested that NMFS designate Comment 8: Several comment letters operable. The VMS requirement was it as the lead Council for skate were received on the EFH provisions. due to become effective May 1, 1999. management. NMFS will decide on the One commenter stated that EFH was not For the reasons stated in the proposed Council’s request after inviting public considered, and called Amendment 9 rule, NMFS considered disapproving comment on it. ‘‘shallow avoidance.’’ Another stated measures in Amendment 9 which Comment 6: One commenter stated that Amendment 9 fails to comply with would postpone implementation of the that the Council did not accurately note EFH provisions and interpreted VMS requirement until the Council the changes SFA made to the definition statements in the Council’s EFH addresses outstanding policy, equity of —optimum’’ as it relates to optimum omnibus Amendment (including and operations issues. NMFS yield (OY). The commenter points out Amendment 11 to the FMP) to indicate specifically invited comments from the that the Magnuson-Stevens Act defines that Amendment 9 would contain public on the issue during its review. ‘‘optimum’’ as the yield as reduced by provisions to satisfy the EFH

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.093 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55823 requirement of the Magnuson-Stevens consequences of the OFDs. Further, one implementing the Monkfish FMP (64 FR Act. of the commenters questioned the stock 54732, October 7, 1999). Response: Amendment 11 to the FMP definitions, and urged that the stock Section headings for §§ 648.80, conducted a methodical evaluation of definitions be rejected and improved. 648.83, 648.86, 648.88, and § 648.90 impact from fishing gears on EFH. That Response: NMFS acknowledges that have been revised to reflect revisions amendment indicated that some of the the OFDs are very technical and, thus, contained in the final rule management measures contained in can be confusing, particularly to the lay implementing the Monkfish FMP (64 FR Amendment 9 that are designed to curb person. Consequently, NMFS has made 54732, October 7, 1999). F will also serve to limit impacts on every effort, where practicable, to NMFS disapproved the fish size EFH. Those measures, therefore, warrant encourage or employ the use of easily increases for winter flounder. As a consideration in determining the understood language. The purpose of result, the regulations proposed in Council’s compliance with the these definitions is to aid managers in §§ 648.83(a)(1) and 648.89(b)(1), as they requirements to minimize the effects of identifying the status of the stock relate to winter flounder only, have fishing on EFH, to the extent relative to the goals of the FMPs, and to been removed from this final rule. The practicable. Amendment 11 includes the adopt measures to rebuild stocks (as size limits for halibut that are specified EFH information required by the appropriate) so that the stocks may in those same paragraphs, remain and Magnuson-Stevens Act and was produce the MSY on a continuing basis. are unchanged from the proposed rule. approved by NMFS on March 3, 1999. Stock definitions were approved with NOAA codifies its OMB control Comment 9: Several commenters did the original FMP adopting management numbers for information collection at 15 not specifically comment on any one measures for these species. The CFR part 902. Part 902 collects and measure or provision of Amendment 9, definitions were not revisited in displays the control numbers assigned but expressed support for the small boat Amendment 9 and, consequently, to information collection requirements fleet of Cape Cod, and do not want cannot be rejected at this time. The of NOAA by OMB pursuant to the regulations that would cause it undue authority granted to NMFS is the Paperwork Reduction Act (PRA). This harm. approval, partial approval, or final rule codifies OMB control number Response: This comment did not disapproval of the measures contained 0648–0307 for § 648.10. specifically address any one provision within Amendment 9. Under NOAA Administrative Order of Amendment 9. Regardless, NMFS Comment 11: One commenter 205–11, dated December 17, 1990, the reviewed Amendment 9 for consistency supported the OFDs and is pleased that Under Secretary for Oceans and with the national standards and other both a stock biomass component and an Atmosphere has delegated to the applicable law. The approved measures F component are included. Assistant Administrator for Fisheries, of Amendment 9 were found to be Response: Comment noted. NMFS NOAA, the authority to sign material for consistent with national standard 8, approved the OFDs, except for GOM publication in the Federal Register. which specifies the measures shall, winter flounder, which was not Classification consistent with the conservation included in the amendment. The OFDs requirements of the Magnuson-Stevens are not described in this rule, which The Administrator, Northeast Region, Act (including the prevention of makes changes to the text of regulations NMFS, determined that Amendment 9 overfishing and rebuilding of overfished implementing the FMP. While OFDs is necessary for the conservation and stocks), take into account the appear in the FMP, they do not appear management of the Northeast importance of fishery resources to in the regulations. Multispecies fishery and that it is fishing communities in order to provide Comment 12: One commenter consistent with the Magnuson-Stevens for the sustained participation of such supported halibut conservation, and Act and other applicable law, except for communities, and to the extent recommended a prohibition on halibut the disapproved provisions. practicable, minimize adverse impacts possession, rather than a 1–fish This final rule has been determined to on such communities. Management possession limit of 36 inches (91.4 cm). be significant for the purposes of E.O. measures enacted by this rule will have Response: NMFS recognizes that this 12866. few impacts on communities, the fishery is seriously depleted in Regulatory Flexibility Act exceptions being the halibut restrictions comparison to historical levels. The and the brush-sweep trawl gear measures approved in Amendment 9 NMFS prepared an FRFA as part of prohibition. will allow for the occasional incidental the regulatory impact review, which The Council drafted an Initial catch of halibut, but not a directed describes the impact this rule would Regulatory Flexibility Analysis (IRFA) fishery for that species. However, a have on small entities. The FRFA is to examine impacts of the bush-sweep complete prohibition on halibut comprised of the IRFA and its trawl gear prohibition, and 1–fish possession would not provide any supplement prepared by the Council, halibut possession limit. NMFS substantive conservation benefits, since dated December 14, 1998, and supplemented that analysis and mortality would still occur due to supplement prepared by NMFS, dated considered the impact of Amendment 9 incidental catch. January 27, 1999, public comments and on small entities prior to making the responses that are included in this decision to implement these measures. Changes from the Proposed Rule document, the analysis of impacts and The IRFA includes a discussion of the To clarify the DAS notification alternatives in Amendment 9, and the various alternatives considered and requirements for vessels issued a summary that is included here. rejected. This analysis is summarized in limited access multispecies, occasional The Council, in its IRFA, had the Classification section and is scallop, or combination permit, the determined that this action would not incorporated within the FRFA for this regulations in §§ 648.4(c)(2)(iii), have a significant impact on a final rule. 648.10(b), and 648.14(c)(2) have been substantial number of small entities. Comment 10: Several commenters revised. However, NMFS concluded that a found the OFDs confusing and difficult In § 648.10, paragraph (b) has been determination of non-significance could to understand. As a result, the revised to incorporate the applicable not be made because of the inability to commenters were unsure of the requirements contained in the final rule identify the number of vessels that may

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.093 pfrm02 PsN: 15OCR1 55824 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations be impacted by measures in the minimum fish size of 36 inches (91.4 proposed by the Council. The Council proposed rule, namely the brush-sweep cm). These measures were selected to rejected the ‘‘no-action’’ alternative (no trawl gear prohibition, the 1–fish promote the rebuilding of this modification) as that would prevent the halibut possession limit, and the winter overfished resource. Alternatives to Council’s use of the procedure to flounder fish size increase. In its these measures that were considered but recommend timely adjustments or supplement to the IRFA, NMFS rejected were status quo (no action); a additions to management measures and revisited each of these measures and 1–fish possession limit with a maximum OFDs. concluded that the degree of economic fish size of 48 inches (137.1 cm); a 1– NMFS disapproved the proposed fish impacts on small entities varied fish possession limit combined with a size increases for winter flounder as depending on whether the number of maximum fish size of 48 inches (137.1 inconsistent with the Magnuson-Stevens vessels impacted includes all permitted cm) and a minimum fish size of 36 Act and other applicable law. vessels, all active vessels, or just those inches (91.4 cm); and a total prohibition This rule contains information vessels directly impacted by a measure. on halibut possession. The Council collection requirements subject to the A copy of the FRFA is available from rejected the status quo alternative Paperwork Reduction Act (PRA). The NMFS (see ADDRESSES). because of the need to reduce directed rule restates requirements concerning The following section discusses (1) fishing mortality on this overfished the installation of a vessel tracking the need for, and objectives, of the rule; resource. The Council rejected the system, documentation of installation of (2) public comments on the IRFA; (3) maximum size provisions based on a vessel tracking system, declarations of the number of small entities to which concerns that the associated discard a vessel being in or out of a fishery, and the rule will apply; (4) reporting and mortality would negate the intended call-in systems. recordkeeping requirements; (5) reasons conservation benefits. The Council Notwithstanding any other provision for selecting the alternatives adopted in rejected a total prohibition as that of law, no person is required to respond the final rule and rejecting the measure would not provide any to nor shall a person be subject to a alternatives; and (6) the measures that substantive conservation benefits, since penalty for failure to comply with a minimize the economic impact of this mortality would still occur due to collection of information subject to the action. incidental catch. requirements of the PRA unless that The need for, and objectives of, the The number of vessels affected by the collection of information displays a rule are mainly to address requirements proposed 1–fish halibut possession limit currently valid OMB control number. of the Magnuson-Stevens Act, as may amount to 1,050 vessels based on The requirement for installation of amended by the SFA on October 11, the number of permitted vessels in the vessel tracking systems has been 1996, eliminate overfishing, and rebuild multispecies fishery. This number approved under OMB control number many of the groundfish stocks. Several includes active limited access 0648-0307, with an estimated response comments were received that opposed multispecies permit holders (1,000) time of 60 minutes. The other regulations that caused undue harm to combined with a subset of one-half the requirements have been approved under the Cape Cod small boat fleet. Those estimated 100 active participants in the OMB control number 0648-0202, with comments, and the agency’s response, directed halibut fishery that do not an estimated response time of 2 minutes are summarized in the preamble. No possess a Federal fisheries permit. for each requirement. changes were made to the rule as a Active vessels (those that reported The contents of this rule also affect result. landings of halibut in recent years) are two other information collection This rule prohibits the possession of estimated to be only those vessels that requirements. The requirement that a brush-sweep trawl gear while in the caught at least one halibut (134 - 139 vessel must have a NE multispecies possession of Northeast multispecies vessels) in 1996 or 1997. permit in order to land or possess one and fishing for, landing, or possessing The postponement of the VMS halibut will subject additional persons Northeast multispecies harvested with requirement (measure) mitigates to the existing permit requirement brush-sweep trawl gear, unless the impacts of this rule on small entities approved under OMB number 0648- vessel has not been issued a because they do not have to invest in 0202. Those persons who are newly multispecies permit and fishes for VMS equipment at this time. The subject to the permit requirement will Northeast multispecies exclusively in measure was selected, and the ‘‘no also automatically be subject to the state waters. This measure was selected action’’ alternative (no postponement of requirement that permit holders submit in order to allow time to study the effect VMS) was rejected, because of VTRs, a requirement which has been of this gear on habitat and to protect the unresolved uncertainties regarding the approved under OMB number 0648- integrity of the DAS system. The equity among permit categories, system 0212. This request for the expanded Council rejected the ‘‘no-action’’ efficiency, and costs. Between 91 and coverage of these requirements has been alternative (no prohibition) because 110 vessels that fished as Individual approved by OMB. The estimated continued use of brush-sweep trawl gear DAS vessels in 1998 would be required response time for these requirements is may significantly increase trawl to have an operational VMS unit under 35 minutes for the permit and 5 minutes efficiency and thereby reduce the the ‘‘no-action’’ alternative if those per day for the logbook entries beyond benefits of the FMP’s effort reduction vessels remained in that permit category those made in vessel logbooks as part of program. The potential number of in 1999. normal fishing operations and includes vessels that would be impacted by the This rule also modifies the framework the time needed for reviewing brush-sweep trawl gear prohibition is process to allow the Council to make instructions, searching existing data approximately 900 vessels, based on the recommendations on adjustments or sources, gathering and maintaining the number of permit holders, according to additions to selected management data needed, and completing and the NMFS Regional Office database, that measures and OFDs. Modification of the reviewing the collection of information. fish for multispecies with otter trawl framework process will not have any Send comments regarding these burden gear, and assuming all 900 vessels are immediate impact on small entities. estimates or any other aspect of the data currently using brush-sweep gear. Specific framework actions will be requirements, including suggestions for This action implements a 1–fish per evaluated, including their economic reducing the burden, to NMFS (see vessel halibut possession limit with a impacts, when they are developed and ADDRESSES) and to the Office of

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.093 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55825

Information and Regulatory Affairs, multispecies or multispecies’’ are designation or fish under the other Office of Management and Budget, revised to read as follows: gillnet category for the remainder of the Washington, DC 20503 (ATTN: NOAA fishing year. Incomplete applications, as Desk Officer). § 648.2 Definitions. described in paragraph (e) of this * * * * * section, will be considered incomplete List of Subjects Brush-sweep trawl gear means trawl for the purpose of obtaining 15 CFR Part 902 gear consisting of alternating roller discs authorization to fish in the NE and bristle brushes that are strung along multispecies gillnet fishery and will be Reporting and recordkeeping cables, chains, or footropes, and aligned processed without a gillnet requirements. together to form the sweep of the trawl authorization. 50 CFR Part 648 net, designed to allow the trawl sweep * * * * * to maintain contact with the ocean floor, Fisheries, Fishing, Reporting and 4. In § 648.10, paragraphs (b) and (d) or any modification to trawl gear that is are revised to read as follows: recordkeeping requirements. substantially similar in design or effect. Dated: October 7, 1999. § 648.10 DAS notification requirements. Andrew A. Rosenberg, * * * * * Nonregulated multispecies means the * * * * * Deputy Assistant Administrator for Fisheries, subset of Northeast multispecies that (b) VMS Notification. (1) A scallop National Marine Fisheries Service. includes silver hake, red hake, ocean vessel issued a full-time or part-time For the reasons set out in the pout, and Atlantic halibut. limited access scallop permit, or issued preamble, 15 CFR part 902, chapter IX, Northeast (NE) multispecies or an occasional limited access permit and 50 CFR part 648, chapter VI, are multispecies means the following when fishing under the Georges’ Bank amended as follows: species: Sea Scallop Exemption Program American plaice—Hippoglossoides specified under § 648.58, or a scallop 15 CFR Chapter IX platessoides. vessel fishing under the small dredge Atlantic cod—Gadus morhua. program specified in § 648.51(e), or a PART 902-±NOAA INFORMATION Atlantic halibut—Hippoglossus vessel issued a limited access COLLECTION REQUIREMENTS UNDER hippoglossus. multispecies, monkfish, occasional Haddock—Melanogrammus aeglefinus. THE PAPERWORK REDUCTION ACT; scallop, or combination permit whose OMB CONTROL NUMBERS Ocean pout—Macrozoarces americanus. Pollock—Pollachius virens. owner elects to provide the notifications 1. The authority citation for part 902 Redfish—Sebastes fasciatus. required by this paragraph (b) using the continues to read as follows: Red hake—Urophycis chuss. VMS specified in paragraph (b) of this Silver hake (whiting)—Merluccius bilinearis. section, unless otherwise authorized or Authority: 44 U.S.C. 3501 et seq. White hake—Urophycis tenuis. required by the Regional Administrator 2. In § 902.1, the table in paragraph (b) Windowpane flounder—Scophthalmus under paragraph (d) of this section, is amended by revising under 50 CFR aquosus. must have installed on board an the following entry in numerical order: Winter flounder—Pleuronectes americanus. operational VMS unit that meets the Witch flounder—Glyptocephalus cynoglossus. minimum performance criteria specified § 902.1 OMB control numbers assigned in § 648.9(b) or as modified in pursuant to the Paperwork Reduction Act. Yellowtail flounder—Pleuronectes ferrugineus. § 648.9(a). The owner of such a vessel * * * * * must provide documentation to the (b) * * * * * * * * 3. In § 648.4, paragraph (c)(2)(iii)(A) is Regional Administrator at the time of revised to read as follows: application for a limited access permit that the vessel has an operational VMS § 648.4 Vessel and individual commercial unit installed on board that meets those CFR part or section permits. where the information Current OMB control criteria. If a vessel has already been collection requirement number (all numbers * * * * * issued a limited access permit without is located begin with 0648-) (c) * * * the owner providing such (2) * * * documentation, the Regional (iii) * * * Administrator shall allow at least 30 ***** (A) An application for a limited days for the vessel to install an 50 CFR access multispecies permit must also operational VMS unit that meets the contain the following information: For criteria and for the owner to provide ***** vessels fishing for NE multispecies with 648.10 -0202 and -0307 documentation of such installation to gillnet gear, with the exception of the Regional Administrator. A vessel ***** vessels fishing under the Small Vessel that is required to, or whose owner has permit category, an annual declaration elected to, use a VMS unit is subject to as either a Day or Trip gillnet vessel the following requirements and 50 CFR Chapter VI designation as described in § 648.82(k). presumptions: A vessel owner electing a Day gillnet (i) A vessel that have crossed the VMS PART 648ÐFISHERIES OF THE designation must indicate the number of Demarcation Line specified under NORTHEASTERN UNITED STATES gillnet tags that he/she is requesting and paragraph (a) of this section is deemed 1. The authority citation for part 648 must include a check for the cost of the to be fishing under the DAS program, continues to read as follows: tags. A permit holder letter will be sent unless the vessel’s owner or authorized to the owner of each eligible gillnet representative declares the vessel out of Authority: 16 U.S.C. 1801 et seq. vessel informing him/her of the costs the scallop or NE multispecies, or 2. In § 648.2, the definition for associated with this tagging requirement monkfish fishery, as applicable, for a ‘‘Brush-sweep trawl gear’’ is added, and and directions for obtaining tags. Once specific time period by notifying the the definitions for ‘‘Nonregulated a vessel owner has elected this Regional Administrator through the multispecies’’ and ‘‘Northeast (NE) designation, he/she may not change the VMS prior to the vessel leaving port.

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.093 pfrm02 PsN: 15OCR1 55826 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

(ii) A part-time scallop vessel may not presumptions described under (118) Possess brush-sweep trawl gear fish in the DAS allocation program paragraphs (b)(1)(i) through (b)(1)(v) of while in possession of NE multispecies, unless it declares into the scallop this section. unless the vessel has not been issued a fishery for a specific time period by (iii) A vessel issued a limited access multispecies permit and fishes for NE notifying the Regional Administrator multispecies, monkfish, occasional multispecies exclusively in state waters. through the VMS. scallop, or combination permit may be (b) In addition to the general (iii) Notification that the vessel is not authorized by the Regional prohibitions specified in § 600.725 of under the DAS program must be Administrator to provide the this chapter and in paragraph (a) of this received prior to the vessel leaving port. notifications required by paragraph (b) section, it is unlawful for any person A vessel may not change its status after of this section using the VMS specified owning or operating a vessel holding a the vessel leaves port or before it returns in paragraph (b) of this section. The multispecies permit, issued an to port on any fishing trip. owner of such vessel becomes operator’s permit, or issued a letter (iv) DAS for a vessel that is under the authorized by providing documentation under § 648.4(a)(1)(i)(H)(3), to land, or VMS notification requirements of this to the Regional Administrator at the possess on board a vessel, more than the paragraph (b) begin with the first hourly time of application for an individual or possession or landing limits specified in location signal received showing that combination vessel limited access § 648.86(a),(b) and (c), or to violate any the vessel crossed the VMS Demarcation multispecies permit that the vessel has of the other provisions of § 648.86, Line leaving port. DAS end with the installed on board an operational VMS unless otherwise specified in § 648.17. first hourly location signal received unit that meets the minimum (c) * * * showing that the vessel crossed the performance criteria specified in VMS Demarcation Line upon its return § 648.9(b) or as modified in § 648.9(a). (1) Fish for, possess at any time to port. Vessels that are authorized to use the during a trip, or land per trip more than (v) If the VMS is not available or not VMS in lieu of the call-in requirement the possession limit of NE multispecies functional, and if authorized by the for DAS notification shall be subject to specified in § 648.86(d) after using up Regional Administrator, a vessel owner the requirements and presumptions the vessel’s annual DAS allocation or must provide the notifications required described under paragraphs (b)(1)(i) when not participating in the DAS by paragraphs (b)(1)(i), (ii), and (iii) of through (b)(1)(v) of this section. Those program pursuant to § 648.82, unless this section by using the call-in who elect to use the VMS do not need otherwise exempted under notification system described under to call in DAS as specified in paragraph § 648.82(b)(3) or § 648.89. paragraph (c) of this section, instead of (c) of this section. Vessels that do call (2) For purposes of DAS notification, using the VMS specified in paragraph in are exempt from the prohibition if required or electing to have a VMS (b) of this section. unit under § 648.10: (2)(i) A vessel issued a limited access specified in § 648.14(c)(2). multispecies, monkfish, occasional * * * * * * * * * * scallop, or combination permit must use (d) Temporary authorization for use (31) Possess or land per trip more the call-in notification system specified of the call-in system. The Regional than the possession or landing limit in paragraph (c) of this section, unless Administrator may authorize or require, specified under § 648.86(c) if the vessel the owner of such vessel has elected on a temporary basis, the use of the call- has been issued a multispecies permit. under paragraph (b)(2)(iii) of this in system of notification specified in (d) * * * paragraph (c) of this section, instead of section to provide the notifications (1) Possess, at any time during a trip, use of the VMS. If use of the call-in required by paragraph (b) of this section. or land per trip, more than the (ii) Upon recommendation by the system is authorized or required, the possession limit of NE multispecies Council, the Regional Administrator Regional Administrator shall notify specified in § 648.88(a), unless the may require, by notification through a affected permit holders through a letter, vessel is a charter or party vessel fishing letter to affected permit holders, notification in the Federal Register, or under the charter/party restrictions notification in the Federal Register, or other appropriate means. A multispecies specified in § 648.89. other appropriate means, that a vessel issued an Individual DAS or multispecies vessel issued an Individual Combination Vessel (regarding the * * * * * DAS or Combination Vessel permit multispecies fishery) permit are (e) In addition to the general install on board an operational VMS authorized to use the call-in system of prohibitions specified in § 600.725 of unit that meets the minimum notification specified in paragraph (c) of this chapter and in paragraphs (a) performance criteria specified in this section, unless otherwise notified as through (d) of this section, it is unlawful § 648.9(b) or as modified in § 648.9(a). specified in paragraph (b)(2) of this for any person owning or operating a An owner of such a vessel must provide section. vessel issued a scallop multispecies documentation to the Regional * * * * * possession limit permit to possess or Administrator that the vessel has 5. In § 648.14, paragraphs (a)(117), land more than the possession limit of installed on board an operational VMS (a)(118) and (c)(31) are added, and NE multispecies specified in § 648.88(c), unit that meets those criteria. If a vessel paragraphs (b), (c)(1), (c)(2) introductory or to possess or land regulated species has already been issued a permit text, (d)(1), (e) and (g)(2) are revised to when not fishing under a scallop DAS, without the owner providing such read as follows: unless otherwise specified in § 648.17. documentation, the Regional * * * * * § 648.14 Prohibitions. Administrator shall allow at least 30 (g) * * * days for the vessel to install an (a) * * * operational VMS unit that meets the (117) Fish for, land, or possess NE (2) Possess cod, haddock, and Atlantic criteria and for the owner to provide multispecies harvested with brush- halibut in excess of the possession documentation of such installation to sweep trawl gear unless the vessel has limits specified in § 648.89(c). the Regional Administrator. A vessel not been issued a multispecies permit * * * * * that is required to use a VMS shall be and fishes for NE multispecies 6. In § 648.80, paragraph (g)(4) is subject to the requirements and exclusively in state waters. added to read as follows:

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.093 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55827

§ 648.80 Multispecies regulated mesh of the other NE multispecies, per trip, * * * * * areas and restrictions on gear and methods provided that it does not use or possess (c) Possession restrictions—(1) Cod of fishing. on board gear other than rod and reel or and haddock. Each person on a * * * * * handlines while in possession of, recreational vessel may possess no more (g) * * * fishing for, or landing NE multispecies, than 10 cod and/or haddock, combined, (4) Brush-sweep trawl prohibition. No and provided it has at least one standard in, or harvested from, the EEZ. vessel may fish for, possess, or land NE tote on board. (i) For purposes of counting fish, multispecies while fishing with, or * * * * * fillets will be converted to whole fish at while in possession of, brush-sweep (b) Charter/party permit. A vessel that the place of landing by dividing fillet trawl gear. has been issued a valid open access number by two. If fish are filleted into * * * * * multispecies charter/party permit is a single (butterfly) fillet, such fillet shall 7. In § 648.83, paragraph (a)(1) is subject to the additional restrictions on be deemed to be from one whole fish. revised to read as follows: gear, recreational minimum fish sizes, (ii) Cod and haddock harvested by recreational vessels with more than one § 648.83 Multispecies minimum fish sizes. possession limits, and prohibitions on sale specified in § 648.89, and any other person aboard may be pooled in one or (a) * * * (1) Minimum fish sizes for applicable provisions of this part. more containers. Compliance with the recreational vessels and charter/party (c) Scallop multispecies possession possession limit will be determined by vessels that are not fishing under a NE limit permit. A vessel that has been dividing the number of fish on board by multispecies DAS are specified in issued a valid open access scallop the number of persons on board. If there § 648.89. Except as provided in § 648.17, multispecies possession limit permit is a violation of the possession limit on all other vessels are subject to the may possess and land up to 300 lb board a vessel carrying more than one following minimum fish sizes, (136.1 kg) of regulated species when person, the violation shall be deemed to determined by total length (T.L.): fishing under a scallop DAS allocated have been committed by the owner and under § 648.53, provided the vessel does operator. Minimum Fish Sizes (T.L.) not fish for, possess, or land haddock (iii) Cod and haddock must be stored from January 1 through June 30 as so as to be readily available for Species Size (Inches) specified under § 648.86(a)(2)(i), and inspection. (2) Atlantic halibut. Charter and party Cod 19 (48.3 cm) provided the vessel has at least one Haddock 19 (48.3 cm) standard tote on board. vessels permitted under this part, and Pollock 19 (48.3 cm) (d) Non-regulated multispecies recreational fishing vessels fishing in Witch flounder (gray permit. A vessel issued a valid open the EEZ, may not possess, on board, sole) 14 (35.6 cm) access nonregulated multispecies permit more than one Atlantic halibut. Yellowtail flounder 13 (33.0 cm) may possess and land one Atlantic * * * * * American plaice (dab) 14 (35.6 cm) halibut and unlimited amounts of the 11. In § 648.90, paragraphs (b) Atlantic halibut 36 (91.4 cm) other nonregulated multispecies. The introductory text and (b)(1) are revised Winter flounder to read as follows: (blackback) 12 (30.5 cm) vessel is subject to restrictions on gear, area, and time of fishing specified in Redfish 9 (22.9 cm) § 648.90 Multispecies framework § 648.80 and any other applicable specifications. provisions of this part. * * * * * * * * * * 8. In § 648.86, paragraph (c) is revised 10. In § 648.89, paragraphs (b)(1) and (c) are revised to read as follows: (b) Within season management action. and paragraph (e) is added to read as The Council may, at any time, initiate follows: § 648.89 Recreational and charter/party action to add or adjust management § 648.86 Multispecies possession restrictions. measures if it finds that action is restrictions. * * * * * necessary to meet or be consistent with * * * * * (b) * * * the goals and objectives of the Northeast (c) Atlantic halibut. A vessel issued a (1) Minimum fish sizes. Persons Multispecies FMP, to address gear NE multispecies permit under aboard charter or party vessels conflicts, or to facilitate the § 648.4(a)(1) may land or possess on permitted under this part and not development of aquaculture projects in board no more than one Atlantic halibut fishing under the DAS program, and the EEZ. This procedure may also be per trip, provided the vessel complies recreational fishing vessels in the EEZ, used to modify FMP overfishing with other applicable provisions of this may not retain fish smaller than the definitions and fishing mortality targets part. minimum fish sizes, measured in total which form the basis for selecting length (T.L.) as follows: specific management measures. * * * * * (1) Adjustment process. The Council (e) Other possession restrictions. shall develop and analyze appropriate Vessels are subject to any other management actions over the span of at applicable possession limit restrictions Species Size (Inches) least two Council meetings. The Council of this part. shall provide the public with advance 9. In § 648.88, paragraphs (a)(1), (b), Cod 21 (53.3 cm) (c), and (d) are revised to read as Haddock 21 (53.3 cm) notice of the availability of both the follows: Pollock 19 (48.3 cm) proposals and the analyses and an Witch flounder (gray opportunity to comment on them prior § 648.88 Multispecies open access permit sole) 14 (35.6 cm) to, and at, the second Council meeting. restrictions. Yellowtail flounder 13 (33.0 cm) The Council’s recommendation on (a) * * * Atlantic halibut 36 (91.4 cm) adjustments or additions to management (1) The vessel may possess and land American plaice (dab) 14 (35.6 cm) measures, other than to address gear up to 300 lb (136.1 kg) of cod, haddock, Winter flounder conflicts, must come from one or more (blackback) 12 (30.5 cm) and yellowtail flounder, combined, one Redfish 9 (22.9 cm) of the following categories: DAS Atlantic halibut, and unlimited amounts changes, effort monitoring, data

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.093 pfrm02 PsN: 15OCR1 55828 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations reporting, possession limits, gear Part 227 Armed Services Housing—Impacted adds to appendix B to part 4044 the restrictions, closed areas, permitting Areas [Sec. 810] annuity and lump sum interest restrictions, crew limits, minimum fish Part 228 Individual Residences; National assumptions for valuing benefits in sizes, onboard observers, minimum Defense Housing Mortgage Insurance [Sec. plans with valuation dates during 903] November 1999. hook size and hook style, the use of Part 240 Mortgage Insurance on Loans for Fee crucifiers in the hook-gear fishery, fleet Title Purchase For annuity benefits, the interest sector shares, recreational fishing Part 277 Loans for Housing for the Elderly or assumptions will be 6.30 percent for the measures, area closures and other Handicapped first 20 years following the valuation appropriate measures to mitigate marine Part 278 Mandatory Meals Program in date and 5.25 percent thereafter. The mammal entanglements and Multifamily Rental or Cooperative Projects annuity interest assumptions are interactions, and any other management for the Elderly or Handicapped unchanged from those in effect for measures currently included in the [FR Doc. 99–55536 Filed 10–14–99; 8:45 am] October 1999. For benefits to be paid as lump sums, the interest assumptions to FMP. The Council’s recommendation on BILLING CODE 1505±01±D adjustments or additions to management be used by the PBGC will be 5.00 measures for the purposes of facilitating percent for the period during which a aquaculture projects must come from benefit is in pay status, 4.25 percent PENSION BENEFIT GUARANTY during the seven-year period directly one or more of the following categories: CORPORATION Minimum fish sizes, gear restrictions, preceding the benefit’s placement in pay minimum mesh sizes, possession limits, 29 CFR Part 4044 status, and 4.00 percent during any tagging requirements, monitoring other years preceding the benefit’s requirements, reporting requirements, Allocation of Assets in Single- placement in pay status. The lump sum permit restrictions, area closures, Employer Plans; Interest Assumptions interest assumptions are unchanged establishment of special management for Valuing Benefits from those in effect for October 1999. areas or zones, and any other The PBGC has determined that notice management measures currently AGENCY: Pension Benefit Guaranty and public comment on this amendment included in the FMP. Corporation. are impracticable and contrary to the public interest. This finding is based on * * * * * ACTION: Final rule. the need to determine and issue new [FR Doc. 99–26839 Filed 10–14–99; 8:45 am] SUMMARY: The Pension Benefit Guaranty interest assumptions promptly so that BILLING CODE 3510±22±F Corporation’s regulation on Allocation the assumptions can reflect, as of Assets in Single-Employer Plans accurately as possible, current market prescribes interest assumptions for conditions. DEPARTMENT OF HOUSING AND valuing benefits under terminating Because of the need to provide URBAN DEVELOPMENT single-employer plans. This final rule immediate guidance for the valuation of amends the regulation to adopt interest benefits in plans with valuation dates 24 CFR Part 200 assumptions for plans with valuation during November 1999, the PBGC finds dates in November 1999. Interest Introduction to FHA Programs that good cause exists for making the assumptions are also published on the assumptions set forth in this CFR Correction PBGC’s web site (http://www.pbgc.gov). amendment effective less than 30 days In Title 24 of the Code of Federal EFFECTIVE DATE: November 1, 1999. after publication. The PBGC has determined that this Regulations, parts 200 to 499, revised as FOR FURTHER INFORMATION CONTACT: action is not a ‘‘significant regulatory of Apr. 1, 1999, on page 72, § 200.1301 Harold J. Ashner, Assistant General action’’ under the criteria set forth in should precede § 200.1302. Section Counsel, Office of the General Counsel, Pension Benefit Guaranty Corporation, Executive Order 12866. 200.1301 was published in the Federal Because no general notice of proposed 1200 K Street, NW., Washington, DC Register at 60 FR 47262, Sept. 11, 1995, rulemaking is required for this 20005, 202–326–4024. (For TTY/TDD but never correctly incorporated into the amendment, the Regulatory Flexibility users, call the Federal relay service toll- CFR. Section 200.1301 reads as follows: Act of 1980 does not apply. See 5 U.S.C. free at 1–800–877–8339 and ask to be 601(2). § 200.1301 Expiring ProgramsÐSavings connected to 202–326–4024.) Clause. SUPPLEMENTARY INFORMATION: The List of Subjects in 29 CFR Part 4044 No new loan assistance, additional PBGC’s regulation on Allocation of Pension insurance, Pensions. participation, or new loans are being Assets in Single-Employer Plans (29 insured under the programs listed In consideration of the foregoing, 29 CFR part 4044) prescribes actuarial CFR part 4044 is amended as follows: below. Any existing loan assistance, assumptions for valuing plan benefits of ongoing participation, or insured loans terminating single-employer plans PART 4044ÐALLOCATION OF under these programs will continue to covered by title IV of the Employee ASSETS IN SINGLE-EMPLOYER be governed by the regulations in effect Retirement Income Security Act of 1974. PLANS as they existed immediately before Among the actuarial assumptions 1. The authority citation for part 4044 October 11, 1995: prescribed in part 4044 are interest continues to read as follows: Part 205 Mortgage Insurance for Land assumptions. These interest Development [Title X] assumptions are intended to reflect Authority: 29 U.S.C. 1301(a), 1302(b)(3), Part 209 Individual Homes; War Housing current conditions in the financial and 1341, 1344, 1362. Mortgage Insurance [Sec. 603] annuity markets. 2. In appendix B, a new entry is Part 224 Armed Services Housing —Military Personnel [Sec. 803] Two sets of interest assumptions are added to Table I, and Rate Set 73 is Part 225 Military Housing Insurance [Sec. prescribed, one set for the valuation of added to Table II, as set forth below. 803] benefits to be paid as annuities and one The introductory text of each table is Part 226 Armed Services Housing —Civilian set for the valuation of benefits to be republished for the convenience of the Employees [Sec. 809] paid as lump sums. This amendment reader and remains unchanged.

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.093 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55829

Appendix B to Part 4044—Interest Rates Used To Value Annuities and Lump Sums

TABLE I.ÐANNUITY VALUATIONS

[This table sets forth, for each indicated calendar month, the interest rates (denoted by i1, i2, . . . , and referred to generally as it) assumed to be in effect between specified anniversaries of a valuation date that occurs within that calendar month; those anniversaries are specified in the columns adjacent to the rates. The last listed rate is assumed to be in effect after the last listed anniversary date.]

The values of it are: For valuation dates occurring in the monthÐ it for t = it for t = it for t =

******* November 1999 ...... 0630 1±20 .0525 >20 N/A N/A

TABLE II.ÐLUMP SUM VALUATIONS [In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in pay status on the valuation date, the immediate an- nuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and 0 < y ≤ n1), interest rate i1 shall apply from the valuation date for a period of y years, and thereafter the immediate annuity rate shall apply; (3) For benefits for which the de- ferral period is y years (where y is an integer and n1 < y ≤ n1 + n2), interest rate i2 shall apply from the valuation date for a period of y¥n1 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply; (4) For benefits for which the deferral period is y years (where y is an integer and y > n1 + n2), interest rate i3 shall apply from the valuation date for a period of y¥n1¥n2 years, interest rate i2 shall apply for the following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply.]

For plans with a valuation Immediate Deferred annuities (percent) Rate set date annuity rate i i i n n On or after Before (percent) 1 2 3 1 2

******* 73 11±1±99 12±1±99 5.00 4.25 4.00 4.00 7 8

Issued in Washington, DC, on this 8th day of October 1999. David M. Strauss, Executive Director, Pension Benefit Guaranty Corporation. [FR Doc. 99–26958 Filed 10–14–99; 8:45 am] BILLING CODE 7708±01±P

DEPARTMENT OF TRANSPORTATION (Aoax), Fifth Coast Guard District, Room Harbor Bay. The purpose of these 119, 431 Crawford Street, Portsmouth, regulations is to control vessel traffic Coast Guard Virginia 23704–5004 between 9:30 a.m. during the event to enhance the safety and 2 p.m., Monday through Friday, of participants, spectators, and 33 CFR Part 100 except Federal holidays. The telephone transiting vessels. The regulated area [CGD 05±99±016] number is (757) 398–6204. was initially described in the current regulations by referencing prominent RIN 2115±AE46 FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager, Operations aids to navigation in the event area. Special Local Regulations for Marine Division, Auxiliary Section, at (757) Since the initial publication of the Events; Night in Venice, Great Egg 398–6204. regulations at 33 CFR 100.504, the referenced buoys and markers have been Harbor, City of Ocean City, NJ SUPPLEMENTARY INFORMATION: renamed and/or repositioned. AGENCY: Coast Guard, DOT. Regulatory History Regulatory Evaluation ACTION: Final rule. On May 10, 1999, the Coast Guard published a notice of proposed This final rule is not a significant SUMMARY: The Coast Guard is amending rulemaking (NPRM) entitled ‘‘Special regulatory action under section 3(f) of permanent special local regulations Local Regulations for Marine Events; Executive Order 12866 and does not established for the Night in Venice, a Night in Venice, Great Egg Harbor, City require an assessment of potential costs marine event held annually in Great Egg of Ocean City, New Jersey’’ in the and benefits under section 6(a)(3) of that Harbor, by redefining the regulated area. Federal Register (64 FR 24979). The order. The Office of Management and This action is necessary to provide a Coast Guard received no letters Budget has not reviewed it under that current description of the event area. commenting on the proposed order. It is not ‘‘significant’’ under the This action is intended to enhance the rulemaking. No public hearing was regulatory policies and procedures of safety of life and property during the requested, and none was held. the Department of Transportation (DOT) event. (44 FR 11040; February 26, 1979). DATES: This final rule is effective Background and Purpose The Coast Guard expects the November 15, 1999. The current regulations at 33 CFR economic impact of this final rule to be ADDRESSES: Documents as indicated in 100.504 establish special local so minimal that a full Regulatory this preamble are available for regulations for the Night in Venice, a Evaluation under paragraph 10e of the inspection or copying at Commander marine event held annually in Great Egg regulatory policies and procedures of

VerDate 12-OCT-99 17:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.XXX pfrm02 PsN: 15OCR1 55830 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

DOT is unnecessary. This final rule For the reasons set out in the ADDRESSES: Unless otherwise indicated, merely redefines the regulated area of an preamble, the Coast Guard amends 33 all documents referred to in this existing regulation and does not impose CFR Part 100 as follows: document are available for review at any new restrictions on vessel traffic. Marine Safety Detachment Nashville, PART 100Ð[AMENDED] Small Entities 220 Great Circle Road, Suite 148, Nashville, TN 37228–1700. Under the Regulatory Flexibility Act 1. The authority citation for Part 100 (5 U.S.C. 601 et seq.), the Coast Guard continues to read as follows: FOR FURTHER INFORMATION CONTACT: considered whether this final rule, will Authority: 33 U.S.C 1233 through 1236; 49 MK3 Gregory Gunnels, Marine Safety have a significant economic impact on CFR 1.46 and 33 CFR 100.35. Detachment Nashville, TN. Tel: (615) 736–5421. a substantial number of small entities. 2. Section 100.504 is amended by ‘‘Small Entities’’ include small revising paragraph (a) to read as follows: SUPPLEMENTARY INFORMATION: businesses, not-for-profit organizations that are independently owned and § 100.504 Night in Venice, Great Egg Regulatory History operated and are not dominant in their Harbor Bay, City of Ocean City, NJ. fields, and governmental jurisdictions (a) Regulated area. The waters of In accordance with 5 U.S.C. 553, a with populations of less than 50,000. Great Egg Harbor Bay and Beach notice of proposed rule making for these Because this final rule merely Thorofare from Intracoastal Waterway regulations has not been published, and redefines the regulated area of an Light 275 (LLNR 36045) northward good cause exists for making them existing regulation and does not impose along the entire width of the Intracoastal effective in less than 30 days from the any new restrictions on vessel traffic, Waterway to the 9th Street Bridge, date of publication. Following normal the Coast Guard expects the impact of thence northeastward along the Ocean rule making procedures would have this final rule to be minimal. City Waterfront to the Long Port-Ocean been impracticable. The details of the Therefore, the Coast Guard certifies City Bridge, thence northward along the event were not finalized with sufficient under 5 U.S.C. 605(b), that this final Long Port-Ocean City Bridge to the time remaining to publish proposed rule will not have a significant northern shore, thence westward to rules in advance of the event or to economic impact on a substantial Ships Channel Buoy 6 (LLNR 1350), provide for a delayed effective date. number of small entities. thence southward to Intracoastal Background and Purpose Assistance for Small Entities Waterway Light 252 (LLNR 35980), thence southwestward to the 9th Street The marine event requiring this In accordance with section 213(a) of Bridge. regulation is a fireworks show called the Small Business Regulatory ‘‘Stone Mountain Productions.’’ Stone Enforcement Fairness Act of 1996 (Pub. * * * * * Dated: September, 9 1999. Mountain Productions, Inc. sponsors the L. 104–121), the Coast Guard offered to event. Spectators will be able to view assist small entities in understanding Thomas E. Bernard, Captain, U.S. Coast Guard, Acting the event from areas designated by the the rule so that they can better evaluate sponsor. Non-participating vessels will its effects on them and participate in the Commander, Fifth Coast Guard District. be able to transit the area after the rulemaking process. No requests for [FR Doc. 99–26943 Filed 10–14–99; 8:45 am] fireworks show is secured. assistance were received. BILLING CODE 4910±15±P Collection of Information Regulatory Evaluation This final rule does not provide for a DEPARTMENT OF TRANSPORTATION This rule is not a significant collection of information under the regulatory action under section 3(f) of Paperwork Reduction Act of 1995 (44 Coast Guard Executive Order 12866 and does not U.S.C. 3501–3520). require an assessment of potential costs 33 CFR Part 100 and benefits under section 6(a)(3) of that Federalism [CGD08±99±060] order. It has not been reviewed by the The Coast Guard has analyzed this Office of Management and Budget under final rule under the principles and RIN 2115±AE46 that order. It is not significant under the criteria contained in Executive Order regulatory policies and procedures of Special Local Regulations: Stone 12612 and has determined that this final the Department of Transportation (DOT) Mountain Productions; Tennessee rule does not have sufficient federalism (44 FR 11040; February 26, 1979). The River Mile 463.5±464.5; Chattanooga, implications to warrant the preparation Coast Guard expects the economic TN of a Federalism Assessment. impact of this rule to be so minimal that Environment AGENCY: Coast Guard, DOT. a full Regulatory Evaluation under paragraph 10e of the regulatory policies The Coast Guard considered the ACTION: Temporary Final Rule and procedures of DOT is unnecessary environmental impact of this final rule SUMMARY: because of the event’s short duration. and concluded that, under figure 2–1, Special local regulations are being adopted for the Stone Mountain paragraph (34)(h) of Commandant Small Entities Instruction M16475.1C, this final rule is Productions. This event will be held categorically excluded from further from 9:00 p.m. until 10:00 p.m. on The Coast Guard finds that the impact environmental documentation. This October 16, 1999 at the riverfront in on small entities, if any, is not special local regulation will have no Chattanooga, Tennessee. These substantial. Therefore, the Coast Guard impact on the environment. regulations are needed to provide for the certifies under section 605(b) of the safety of life on navigable waters during Regulatory Flexibility Act (5 U.S.C. 601 List of Subjects in 33 CFR Part 100 the event. et seq) that this temporary rule will not Marine safety, Navigation (water), DATES: These regulations are effective have a significant economic impact on Reporting and recordkeeping from 9:00 p.m. until 10:00 p.m. on a substantial number of small entities requirements, Waterways. October 16, 1999. because of the event’s short duration.

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.126 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55831

Collection of Information movement of all vessels in the regulated during the time period MHD has This rule contains no information area. The Patrol Commander may requested that a two-hour advance collection requirements under the terminate the event at any time it is notice be given for bridge openings. Paperwork Reduction Act (44 U.S.C. deemed necessary for the protection of This deviation to the operating 3501 et seq). life and property and can be reached on regulations allows the owner of the New VHF-FM Channel 16 by using the call Bedford Fairhaven (RT–6) swing bridge Federalism Assessment sign ‘‘PATCOM’’. to require a two-hour advance notice for The Coast Guard has analyzed this (c) Effective date. These regulations bridge openings from 8 p.m. to 4 a.m., action in accordance with the principles will be effective from 9:00 p.m. to 10:00 October 19, 1999, through October 20, and criteria of Executive Order 12612 p.m. on October 16, 1999. 1999. Requests for bridge openings can and has determined that this rule does Dated: October 7, 1999. be made by calling (508) 992–2384 or on not raise sufficient federalism Paul J. Pluta, marine radio channel 13 VHF/FM. implications to warrant the preparation Vessels that can pass under the bridge Rear Admiral, U.S. Coast Guard Commander, of a Federalism Assessment. Eighth Coast Guard District. without an opening may do so at all times. Environmental Assessment [FR Doc. 99–27090 Filed 10–13–99; 1:29 pm] In accordance with 33 CFR 117.35(c), The Coast Guard considered the BILLING CODE 4910±15±P this work will be performed with all due environmental impact of this rule and speed in order to return the bridge to concluded that under section 2–1, DEPARTMENT OF TRANSPORTATION normal operation as soon as possible. paragraph (34) (h) of Commandant This deviation from the operating Instruction M16475.1C this rule is Coast Guard regulations is authorized under 33 CFR excluded from further environmental 117.35. documentation. 33 CFR Part 117 Dated: October 5, 1999. List of Subjects in 33 CFR Part 100 [CGD01±99±174] R.M. Larrabee, Marine safety, Navigation (water), Rear Admiral, U.S. Coast Guard, Commander, Reporting and recordkeeping Drawbridge Operation Regulations; First Coast Guard District. requirements. Acushnet River, MA [FR Doc. 99–26944 Filed 10–14–99; 8:45 am] Temporary Regulations AGENCY: Coast Guard, DOT. BILLING CODE 4910±15±M In consideration of the foregoing, Part ACTION: Notice of temporary deviation 100 of Title 33, Code of Federal from regulations. ENVIRONMENTAL PROTECTION Regulations, is amended as follows: SUMMARY: The Commander, First Coast AGENCY PART 100Ð[AMENDED] Guard Division, has issued a temporary deviation from the drawbridge operation 40 CFR Part 52 1. The authority citation for part 100 regulations governing the operation of continues to read as follows: the New Bedford Fairhaven (RT–6) [NC±083±1±9938a; FRL±6453±8] Authority: 33 U.S.C. 1233; 49 CFR 1.46 and swing bridge, mile 0.0, across the 33 CFR 100.35. Acushnet River between New Bedford Approval and Promulgation of Implementation Plans: Approval of 2. A temporary § 100.35–T08–060 is and Fairhaven, Massachusetts. This Revisions to the North Carolina State added to read as follows: deviation from the regulations allows the bridge owner to require a two hour Implementation Plan § 100.35±T08±060 Tennessee River at advance notice for openings, 8 p.m. to AGENCY: Chattanooga, Tennessee 4 a.m., October 19, 1999, through Environmental Protection (a) Regulated area. All the waters of October 20, 1999. This action is Agency (EPA). the Tennessee River Mile 463.5. to necessary to facilitate electrical ACTION: Direct final rule. 464.5. modifications at the bridge. SUMMARY: On March 19, 1997, the State (b) Special Local Regulation. (1) All DATES: This deviation is effective persons and vessels not registered with of North Carolina, through the North October 19, 1999, through October 20, Carolina Department of Environment the sponsors as participants or official 1999. patrol vessels are considered spectators. and Natural Resources (NCDENR) FOR FURTHER INFORMATION CONTACT: John The ‘‘official patrol’’ consists of any submitted revisions to the North McDonald, Project Officer, First Coast Coast Guard, public, state or local law Carolina State Implementation Plan Guard District, at (617) 223–8364. enforcement and/or sponsor provided (SIP). Rules 15A NCAC 2D .0530 and 2Q vessels assigned to patrol the event. SUPPLEMENTARY INFORMATION: The New .0104 and .0107 are revised to amend (2) No spectators shall anchor, block, Bedford Fairhaven (RT–6) swing bridge, cross-references and incorporate the loiter in, or impede the through transit mile 0.0, across the Acushnet River latest edition of the Code of Federal of participants or official patrol vessels between New Bedford and Fairhaven, Regulations for Prevention of Significant in the regulated area during effective Massachusetts, has a vertical clearance Deterioration (PSD). Rules 15A NCAC dates and times, unless cleared for such of 8 feet at mean high water, and 12 feet 2D .0518, .0902, .0909, and .0954 are entry by or through an official patrol at mean low water in the closed revised to change the mechanism and vessel. position. The bridge owner, procedures for activating the Reasonably (3) When hailed or signaled by an Massachusetts Highway Department Available Control Technology (RACT) official patrol vessel, a spectator shall (MHD), requested a temporary deviation rules for volatile organic compounds come to an immediate stop. Vessels from the operating regulations to (VOCs) and nitrogen oxides (NOx) in the shall comply with all directions given: facilitate electrical modifications at the Raleigh/Durham and Greensboro/ failure to do so may result in a citation. bridge. The existing operating Winston-Salem/High Point ozone (4) The Patrol Commander is regulations listed at 33 CFR 117.585 maintenance areas. Rules 15A NCAC 2D empowered to forbid and control the require the bridge to open on signal .0907, .0910, and .0911 are being

VerDate 12-OCT-99 17:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.XXX pfrm02 PsN: 15OCR1 55832 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations repealed to remove unnecessary or permit application in a timely manner rule will be effective December 14, elapsed compliance schedules. (90 days). 1999, without further notice unless the Agency receives adverse comments by DATES: This direct final rule is effective 15A NCAC 2Q. 0104, Where To Obtain November 15, 1999. December 14, 1999, without further and File Permit Application notice, unless EPA receives adverse If the EPA receives such comments, comment by November 15, 1999. If This regulation was amended to then EPA will publish a document adverse comment is received, EPA will remove a cross-reference to a repealed withdrawing the final rule and publish a timely withdrawal of the rule. informing the public that the rule will direct final rule in the Federal Register 15A NCAC 2Q. 0107, Confidential not take effect. All public comments and inform the public that the rule will Information received will then be addressed in a not take effect. subsequent final rule based on the This regulation was amended to ADDRESSES: All comments should be proposed rule. The EPA will not correct a cross-reference to the general institute a second comment period. addressed to: Gregory Crawford at the statute that establishes the requirements U.S. Environmental Protection Agency, Parties interested in commenting should for information to be treated as do so at this time. If no such comments Region 4 Air Planning Branch, 61 confidential by the DAQ. Forsyth Street, SW, Atlanta, Georgia are received, the public is advised that 30303. 15A NCAC 2D. 0518, Miscellaneous this rule will be effective on December Copies of the state submittal(s) are Volatile Organic Compound Emissions 14, 1999, and no further action will be taken on the proposed rule. available at the following addresses for This regulation was amended to inspection during normal business correct a cross-reference. IV. Administrative Requirements hours: A. Executive Order 12866 Air and Radiation Docket and 15A NCAC 2D .0902 (c–i), Applicability Information Center (Air Docket 6102), This regulation was amended to The Office of Management and Budget U.S. Environmental Protection correct a cross reference and change the (OMB) has exempted this regulatory Agency, 401 M Street, SW, mechanism and procedures for action from Executive Order (E.O.) Washington, DC 20460. activating the RACT for VOCs and NOx 12866, entitled ‘‘Regulatory Planning Environmental Protection Agency, in the Raleigh/Durham and Greensboro/ and Review.’’ Region 4, Air Planning Branch, 61 Winston-Salem/High Point areas. The B. Executive Orders on Federalism Forsyth Street, SW, Atlanta, Georgia amendment also deletes the 30303–8960. unnecessary or elapsed compliance Under E.O. 12875, EPA may not issue North Carolina Department of schedules for the areas. a regulation that is not required by Environment and Natural Resources, statute and that creates a mandate upon Division of Air Quality, 1641 Mail 15A NCAC 2D .0909, Compliance a state, local, or tribal government, Service Center, Raleigh, North Schedules for Sources in New unless the Federal government provides Carolina 27699. Nonattainment Areas the funds necessary to pay the direct compliance costs incurred by those FOR FURTHER INFORMATION CONTACT: This regulation was amended to governments. If the mandate is Gregory Crawford, Regulatory Planning correct a cross-reference and to amend unfunded, EPA must provide to the Section, Air Planning Branch, Air the applicability language. Office of Management and Budget a Pesticides and Toxics Management 15A NCAC 2D. 0954, Stage II Vapor description of the extent of EPA’s prior Division at 404/562–9046. Recovery consultation with representatives of SUPPLEMENTARY INFORMATION: This regulation was amended to affected state, local, and tribal I. Background correct cross-references in the section. governments, the nature of their concerns, copies of written On March 19, 1997, the State of North 15A NCAC 2D. 0907, Compliance communications from the governments, Carolina Department of Environment Schedules for Sources in Nonattainment and a statement supporting the need to and Natural Resources submitted Areas, 0910, Alternative Compliance issue the regulation. revisions to amend or repeal multiple Schedules, and .0911, Exception From In addition, E.O. 12875 requires EPA sections in the North Carolina Compliance Schedules to develop an effective process Administrative Code. These These regulations are being repealed. permitting elected officials and other amendments addresses Subchapters 2D- The schedules in these rules are representatives of state, local, and tribal Air Pollution Control Requirements and obsolete. governments ‘‘to provide meaningful 2Q-Air Quality Permits Requirements. and timely input in the development of Detailed descriptions of the III. Final Action regulatory proposals containing amendments are listed under ‘‘Analysis EPA is approving the aforementioned significant unfunded mandates.’’ of the State’s Submittal.’’ changes to the SIP because they are Today’s rule does not create a mandate II. Analysis of State’s Submittal consistent with the Clean Air Act and on state, local or tribal governments. EPA requirements. The rule does not impose any 15 A NCAC 2D .0530, Prevention of The EPA is publishing this rule enforceable duties on these entities. Significant Deterioration without prior proposal because the Accordingly, the requirements of This regulation was amended to Agency views this as a noncontroversial section 1(a) of E.O. 12875 do not apply incorporate the latest edition of the submittal and anticipates no adverse to this rule. Code of Federal Regulations concerning comments. However, in the proposed On August 4, 1999, President Clinton the PSD program. The general statues rules section of this Federal Register issued a new executive order on for this regulation have been amended publication, EPA is publishing a federalism, Executive Order 13132, (64 to remove the automatic default separate document that will serve as the FR 43255 (August 10, 1999),) which will issuance language when the Division of proposal to approve the SIP revision take effect on November 2, 1999. In the Air Quality (DAQ) fails to act on the should adverse comments be filed. This interim, the current Executive Order

VerDate 12-OCT-99 17:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.XXX pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55833

12612, (52 FR 41685 (October 30, significantly or uniquely affect the private sector. This Federal action 1987),) on federalism still applies. This communities of Indian tribal approves pre-existing requirements rule will not have a substantial direct governments. Accordingly, the under State or local law, and imposes effect on States, on the relationship requirements of section 3(b) of E.O. no new requirements. Accordingly, no between the national government and 13084 do not apply to this rule. additional costs to State, local, or tribal the States, or on the distribution of E. Regulatory Flexibility Act governments, or to the private sector, power and responsibilities among the result from this action. various levels of government, as The Regulatory Flexibility Act (RFA) specified in Executive Order 12612. The generally requires an agency to conduct G. Submission to Congress and the rule affects only one State and does not a regulatory flexibility analysis of any Comptroller General alter the relationship or the distribution rule subject to notice and comment rulemaking requirements unless the The Congressional Review Act, 5 of power and responsibilities U.S.C. 801 et seq., as added by the Small established in the Clean Air Act. agency certifies that the rule will not have a significant economic impact on Business Regulatory Enforcement C. Executive Order 13045 a substantial number of small entities. Fairness Act of 1996, generally provides Protection of Children from Small entities include small businesses, that before a rule may take effect, the Environmental Health Risks and Safety small not-for-profit enterprises, and agency promulgating the rule must Risks (62 FR 19885, April 23, 1997), small governmental jurisdictions. This submit a rule report, which includes a applies to any rule that: (1) is final rule will not have a significant copy of the rule, to each House of the determined to be ‘‘economically impact on a substantial number of small Congress and to the Comptroller General significant’’ as defined under E.O. entities because SIP approvals under of the United States. EPA will submit a 12866, and (2) concerns an section 110 and subchapter I, part D of report containing this rule and other environmental health or safety risk that the Clean Air Act do not create any new required information to the U.S. Senate, EPA has reason to believe may have a requirements but simply approve the U.S. House of Representatives, and disproportionate effect on children. If requirements that the State is already the Comptroller General of the United the regulatory action meets both criteria, imposing. Therefore, because the States prior to publication of the rule in the Agency must evaluate the Federal SIP approval does not create the Federal Register. This rule is not a environmental health or safety effects of any new requirements, I certify that this ‘‘major’’ rule as defined by 5 U.S.C. the planned rule on children, and action will not have a significant 804(2). explain why the planned regulation is economic impact on a substantial H. National Technology Transfer and preferable to other potentially effective number of small entities. Moreover, due Advancement Act and reasonably feasible alternatives to the nature of the Federal-State considered by the Agency. relationship under the Clean Air Act, Section 12 of the National Technology This rule is not subject to E.O. 13045 preparation of flexibility analysis would Transfer and Advancement Act because it does not involve decisions constitute Federal inquiry into the (NTTAA) of 1995 requires Federal intended to mitigate environmental economic reasonableness of state action. agencies to evaluate existing technical health or safety risks. The Clean Air Act forbids EPA to base standards when developing a new its actions concerning SIPs on such D. Executive Order 13084 regulation. To comply with NTTAA, grounds. Union Electric Co., v. U.S. EPA must consider and use ‘‘voluntary Under E.O. 13084, EPA may not issue EPA, 427 U.S. 246, 255–66 (1976); 42 consensus standards’’ (VCS) if available a regulation that is not required by U.S.C. 7410(a)(2). and applicable when developing statute, that significantly affects or F. Unfunded Mandates programs and policies unless doing so uniquely affects the communities of would be inconsistent with applicable Indian tribal governments, and that Under section 202 of the Unfunded law or otherwise impractical. imposes substantial direct compliance Mandates Reform Act of 1995 costs on those communities, unless the (‘‘Unfunded Mandates Act’’), signed The EPA believes that VCS are Federal government provides the funds into law on March 22, 1995, EPA must inapplicable to this action. Today’s necessary to pay the direct compliance prepare a budgetary impact statement to action does not require the public to costs incurred by the tribal accompany any proposed or final rule perform activities conducive to the use governments. If the mandate is that includes a Federal mandate that of VCS. unfunded, EPA must provide to the may result in estimated annual costs to I. Petitions for Judicial Review Office of Management and Budget, in a State, local, or tribal governments in the separately identified section of the aggregate; or to private sector, of $100 Under section 307(b)(1) of the Clean preamble to the rule, a description of million or more. Under section 205, Air Act, petitions for judicial review of the extent of EPA’s prior consultation EPA must select the most cost-effective this action must be filed in the United with representatives of affected tribal and least burdensome alternative that States Court of Appeals for the governments, a summary of the nature achieves the objectives of the rule and appropriate circuit by December 14, of their concerns, and a statement is consistent with statutory 1999. Filing a petition for supporting the need to issue the requirements. Section 203 requires EPA reconsideration by the Administrator of regulation. to establish a plan for informing and this final rule does not affect the finality In addition, E.O. 13084 requires EPA advising any small governments that of this rule for the purposes of judicial to develop an effective process may be significantly or uniquely review nor does it extend the time permitting elected and other impacted by the rule. within which a petition for judicial representatives of Indian tribal EPA has determined that the approval review may be filed, and shall not governments ‘‘to provide meaningful action promulgated does not include a postpone the effectiveness of such rule and timely input in the development of Federal mandate that may result in or action. This action may not be regulatory policies on matters that estimated annual costs of $100 million challenged later in proceedings to significantly or uniquely affect their or more to either State, local, or tribal enforce its requirements. (See section communities.’’ Today’s rule does not governments in the aggregate, or to the 307(b)(2).)

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.046 pfrm02 PsN: 15OCR1 55834 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

List of Subjects in 40 CFR Part 52 Dated: September 23, 1999. Subpart IIÐNorth Carolina A. Stanley Meiburg, Environmental protection, Air Acting Regional Administrator, Region 4. 2. Section 52.1770(c) is amended by pollution control, Hydrocarbons, revising the entries for Sections .0518, Intergovernmental relations, Ozone, Chapter I, title 40, Code of Federal Regulations, is amended as follows: .0530, .0902, .0907, .0909, .0910, .0911, Reporting and recordkeeping .0954, and .0107 and by adding section requirements. PART 52Ð[AMENDED] .0104 to read as follows: 1. The authority citation for part 52 § 52.1770 Identification of plan. continues to read as follows: * * * * * Authority: 42 U.S.C. 7401 et seq. (c) EPA approved regulations.

EPA APPROVED REGULATIONS FOR NORTH CAROLINA

EPA approval State citation Title/subject Adoption date date Explanation

Subchapter 2D .... Air Pollution Control Requirements ******* Section .0518 ...... Miscellaneous Volatile Organic 11/21/96 10/15/99 Compound Emissions. ******* Section .0530 ...... Prevention of Significant Deteriora- 11/21/96 10/15/99 tion. ******* Section .0902 ...... Applicability ...... 11/21/96 10/15/99 ******* Section .0907 ...... Compliance Schedules for Sources 11/21/96 10/15/99 [Repealed] in Nonattainment Areas. ******* Section .0909 ...... Compliance Schedules for Sources 11/21/96 10/15/99 in New Nonattainment Areas. Section .0910 ...... Alternate Compliance Schedules .. 11/21/96 10/15/99 [Repealed] Section .0911 ...... Exceptions for Compliance Sched- 11/21/96 10/15/99 [Repealed ules. ******* Section .0954 ...... Stage II Vapor Recovery ...... 11/21/96 10/15/99 ******* Subchapter 2Q .... Air Quality Permits Requirements Section .0104 ...... Where to Obtain and File Permit 11/21/96 10/15/99 Applications. Section .0107 ...... Confidential Information ...... 11/21/96 10/15/99

[FR Doc. 99–26193 Filed 10–14–99; 8:45 am] December 1996, EPA issued regulations notice, unless EPA receives adverse BILLING CODE 6560±50±U setting nitrogen oxides (NOX) emission comment by November 29, 1999. If we limits for specified types of existing, receive such comment, we will publish coal-fired boilers, including cell burner a timely withdrawal in the Federal ENVIRONMENTAL PROTECTION boilers, that are subject to such limits Register informing the public that this AGENCY starting in 2000. In February 1998, the rule will not take effect. Court upheld the regulations except for 40 CFR Part 76 ADDRESSES: Comments: Commenters one provision addressing what boilers must identify all written comments with [FRL±6455±4] qualify as cell burner boilers. The Court the appropriate docket number (Docket vacated and remanded that provision. No. A–95–28) and must submit them in Acid Rain ProgramÐNitrogen Oxides EPA is revising the regulations, duplicate to EPA Air Docket Section Emission Reduction Program, Rule consistent with the Court’s decision, to (6102), Waterside Mall, Room M1500, Revision in Response to Court treat, as a cell burner boiler, any boiler 1st Floor, 401 M Street, SW, Remand subject to the limits starting in 2000, Washington, DC 20460. constructed as a cell burner boiler, and Docket. Docket No. A–95–28, AGENCY: Environmental Protection converted to the burner configuration of Agency. containing supporting information used a wall-fired boiler. Under the in developing the proposed rule, is ACTION: Direct final rule. regulations, a cell burner boiler must available for public inspection and meet an annual average NOX emission SUMMARY: The Environmental Protection copying between 8:30 a.m. and 3:30 limit of 0.68 lb/mmBtu. The NOX Agency (EPA) is taking direct final p.m., Monday through Friday, at EPA’s emission limits under title IV will action to revise the regulations for the Air Docket Section, Waterside Mall, reduce the serious, adverse effects of Acid Rain Nitrogen Oxides Emission Room 1500, 1st Floor, 401 M Street, SW, NOX emissions on human health, Reduction Program under title IV of the Washington, DC 20460. EPA may charge visibility, ecosystems, and materials. Clean Air Act in response to a remand a reasonable fee for copying. by the U.S. Court of Appeals for the DATES: This rule is effective on FOR FURTHER INFORMATION CONTACT: District of Columbia Circuit. In December 14, 1999 without further Dwight C. Alpern, at (202) 564–9151,

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.047 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55835

U.S. Environmental Protection Agency, This table is not intended to be widely spaced in a row (referred to as 401 M Street, SW, Washington, DC exhaustive, but rather provides a guide ‘‘non-plug-in combustion controls’’), 20460; or the Acid Rain Hotline at (202) for readers regarding entities likely to be like those in wall-fired boilers. Either 564–9089. regulated by this action. This table lists type of combustion controls may or may SUPPLEMENTARY INFORMATION: EPA is the types of entities that EPA is now not include additional ports for the publishing this rule revision as a direct aware could potentially be regulated by injection of air above the low NOX final rule because we view this as this action. This action could also burners. noncontroversial and anticipate no regulate other types of entities not listed In interpreting section 407 for adverse comment. The rule revision is in the table. To determine whether your purposes of setting emission limits consistent with a remand by the U.S. facility is regulated by this action, you under sections 407(b)(1) and (2), EPA Court of Appeals for the District of should carefully examine the had to decide how to apply the boiler Columbia Circuit. Further, EPA projects applicability criteria in §§ 72.6 and 76.1 categories to boilers to which the owner that the rule revision will affect only and the exemption in § 72.8 of title 40 or operator made physical changes after one boiler, by increasing the boiler’s of the Code of Federal Regulations. If original construction. Some of these changes could arguably put the boilers NOX emission limit under title IV. you have questions regarding the However, in the ‘‘Proposed Rules’’ applicability of this action to a in a different boiler category. EPA first section of today’s Federal Register, we particular entity, consult the person addressed this issue in the rulemaking are publishing a separate document that listed in the preceding FOR FURTHER under section 407(b)(1) where EPA will serve as the proposed rule revision INFORMATION CONTACT section. issued the April 13, 1995 rule setting the initial limits for tangentially fired if we receive any timely, adverse II. Background and Revisions comments. Today’s direct final rule will boilers and dry bottom, wall-fired Under title IV of the Act, utility units be effective on December 14, 1999 boilers. The rule provided that a cell are subject to sulfur dioxide (SO2) without further notice unless we receive burner boiler that is subject to SO2 emission limits (as required in sections adverse comment by November 29, limits during 1995 through 1999 (i.e., 404, 405, 408,and 409) and must 1999. If we receive such adverse Phase I of the Acid Rain Program) and monitor SO2, NOX, carbon dioxide comment, we will publish a timely that converted to the conventional (CO2), and opacity (as required in withdrawal in the Federal Register burner configuration of a wall-fired section 412). Further, under section boiler (i.e., through retrofitting with informing the public that the rule will 407(a), NOX emission limits established non-plug-in combustion controls) on or not take effect. We will address all under section 407(b) apply to any before January 1, 1995 is classified as a public comments in a subsequent final existing ‘‘coal-fired utility unit,’’ wall-fired boiler. 40 CFR 76.5(d). rule based on the proposed rule. We generally when the unit is subject to EPA also addressed this issue in the will not institute a second comment SO2 emission limits. 40 U.S.C. 7651f(a). rulemaking under section 407(b)(2) period on this action. Any parties Section 407(b)(1) requires EPA to set where EPA issued the December 19, interested in commenting must do so at NOX emission limits for tangentially 1996 rule that, among other things, set this time. fired boilers and dry bottom, wall-fired an emission limit for cell burner boilers. The information in this preamble is boilers. Section 407(b)(2) authorizes In the preamble of the proposed rule in organized as follows: EPA to establish more stringent that rulemaking, EPA stated that the I. Regulated Entities emission limits for these types of boilers replacement of the cells in a cell burner II. Background and Revisions effective starting in 2000. In addition, boiler by conventionally spaced burners III. Administrative Requirements section 407(b)(2) requires EPA to set ‘‘essentially convert[s] the cell burner A. Executive Order 12866: Regulatory NOX emission limits for all other types boiler to a conventional wall-fired Planning and Review of existing coal-fired boilers, including B. Executive Order 12875: Enhancing boiler’’. 61 FR 1442,1465 (1996). EPA Intergovernmental Partnerships ‘‘units applying cell burner proposed treating, as a cell burner C. Executive Order 13084: Consultation technologies.’’ 40 CFR 7651f(b)(2). boiler, any cell burner boiler (other than and Coordination with Indian Tribal However, title IV does not define the a Phase I boiler) that replaced its cells Governments phrase ‘‘units applying cell burner on or before the commencement of D. Unfunded Mandates Act technology.’’ EPA therefore interpreted Phase II of the Acid Rain Program (i.e., E. Paperwork Reduction Act the phrase in the regulations setting the January 1, 2000). 61 FR 1480. One F. Regulatory Flexibility applicable limits. commenter submitted comments on this G. Applicability of Executive Order 13045: Cell burner boilers have closely matter. Children’s Health Protection spaced clusters of 2 or 3 burners (i.e., Noting that the Agency was also H. National Technology Transfer and cells) that together result in a single considering an alternative that would Advancement Act I. Submission to Congress and the General flame. In addition, the boilers are, like classify, as wall-fired boilers, any cell Accounting Office many wall-fired boilers, relatively burner boilers that converted their cells compactly designed with small on or before November 15, 1990, the I. Regulated Entities furnaces. Two types of combustion commenter opposed that alternative. Entities potentially regulated by this control systems are available for cell The commenter noted that it originally action are fossil-fuel fired boilers that burner boilers. First, the boiler owner or constructed two of its units as cell burn coal and that serve generators operator can retain the cell burner boilers and that it installed non- producing electricity for sale. Regulated configuration of the burners by plug-in combustion controls at the first categories and entities include: replacing each burner in each cell with unit in 1989 and at the second unit in a low NOX burner (referred to as ‘‘plug- 1991. The commenter argued that the Category Examples of regu- in combustion controls’’). Second, the two units are, as a technical matter, still lated entities owner or operator can replace the cell burner boilers after conversion of sections of the boiler walls containing their cells to conventionally spaced low NAICS Code: 22112, Electric service pro- the cells with wall sections that NOX burners. According to the Fossil Fuel Electric viders, boilers that Power Production. burn coal. reconfigure and replace the burners and commenter, the two units should that contain low NOX burners more therefore be subject to the NOX emission

VerDate 12-OCT-99 17:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.XXX pfrm02 PsN: 15OCR1 55836 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations limit for cell burner boilers, not the in Appalachian Power, for any units governments ‘‘to provide meaningful more stringent NOX emission limit for subject to the NOX limits under the Acid and timely input in the development of wall fired boilers. The commenter urged Rain Program. regulatory proposals containing that, for purposes of determining how to significant unfunded mandates.’’ IV. Administrative Requirements classify cell burner boilers that convert Today’s final rule does not create a to conventionally spaced burners, EPA A. Executive Order 12866: Regulatory mandate on State, local or tribal adopt a ‘‘case-by-case policy wherein Planning and Review governments and does not impose any each installation is evaluated on its own enforceable duties on these entities. Under Executive Order 12866, 58 FR merits.’’ Docket Item IV–D–051 at 4. EPA projects that the rule will affect 51735 (October 4, 1993), the In response to these comments, the only one boiler, by increasing the level Administrator must determine whether December 19, 1996 rule established the of the boiler’s NOX emission limit under date of enactment of title IV (November the regulatory action is ‘‘significant’’ title IV. Moreover, the boiler is not 15, 1990) as the cutoff date for and therefore subject to Office of owned or operated by a State, local, and classifying converted cell burners as Management and Budget (OMB) review tribal government. Accordingly, the wall-fired boilers. Section 407 does not and the requirements of the Executive requirements of section 1(a) of specifically address how to categorize Order. The Order defines ‘‘significant Executive Order 12875 do not apply to cell burners that are converted so that regulatory action’’ as one that is likely this rule. they are no longer applying cell burner to result in a rule that may: C. Executive Order 13084: Consultation technology. EPA took the approach of (1) Have an annual effect on the and Coordination With Indian Tribal applying the statutory boiler category of economy of $100 million or more or Governments ‘‘units applying cell burner technology’’ adversely affect in a material way the as of the date of enactment of title IV. economy, a sector of the economy, Under Executive Order 13084, EPA Under the December 19, 1996 rule, the productivity, competition, jobs, the may not issue a regulation that is not commenter’s unit with non-plug-in environment, public health or safety, or required by statute, that significantly or combustion controls installed in 1989 is State, local, or tribal governments or uniquely affects the communities of communities; a wall-fired boiler with NOX limit of Indian tribal governments, and that 0.46 lb/mmBtu, and the unit with non- (2) Create a serious inconsistency or imposes substantial direct compliance plug-in combustion controls installed in otherwise interfere with an action taken costs on those communities, unless the or planned by another agency; 1991 is cell burner boiler with NOX Federal government provides the funds limit of 0.68 lb/mmBtu. (3) Materially alter the budgetary necessary to pay the direct compliance In response to petitions for review of impact of entitlements, grants, user fees, costs incurred by the tribal governments the December 19, 1996 rule, the U.S. or loan programs or the rights and or unless EPA consults with those Court of Appeals for D.C. upheld all obligations of recipients thereof; or governments. If EPA complies by provisions of the rule except for the (4) Raise novel legal or policy issues consulting, EPA must provide to the provision addressing the treatment of arising out of legal mandates, the Office of Management and Budget, in a cell burner boilers with non-plug-in President’s priorities, or the principles separately identified section of the combustion controls as wall-fired set forth in the Executive Order. preamble to the rule, a description of boilers. Appalachian Power v. EPA, 135 Pursuant to the terms of Executive the extent of EPA’s prior consultation F.3d 791, 822 (D.C. Cir. 1998). The Order 12866, OMB has determined that with representatives of affected tribal Court vacated, and remanded that rule today’s final rule is not a ‘‘significant governments, a summary of the nature provision to EPA. Id. The Court regulatory action’’ and therefore is not of their concerns, and a statement explained that: subject to OMB review. supporting the need to issue the regulation. In addition, Executive Order the fact that no retrofitted cell burner [i.e., no B. Executive Order 12875: Enhancing cell burner with non-plug-in combustion Intergovernmental Partnerships 13084 requires EPA to develop an controls] can achieve the * * * emission effective process permitting elected and limit [for wall-fired boilers] using only the Under Executive Order 12875, EPA other representatives of Indian tribal technology Congress authorized for setting may not issue a regulation that is not governments ‘‘to provide meaningful that limit (low NOX burner technology) is required by statute and that creates a and timely input in the development of evidence that retrofitted cell burners are not mandate upon a State, local or tribal regulatory policies on matters that the functional equivalent of wall-fired government, unless the Federal significantly or uniquely affect their boilers, as measured by congressional government provides the funds concerns. 135 F.3d at 821. communities.’’ necessary to pay the direct compliance Today’s final rule does not In today’s action, EPA is revising the costs incurred by those governments or significantly or uniquely effect, or December 17, 1996 rule to remove the unless EPA consults with those impose any substantial direct provision vacated by the Court in governments. If EPA complies by compliance costs on, the communities Appalachian Power and, in light of the consulting, Executive Order 12875 of Indian tribal governments. The rule Court’s opinion, has decided to take no requires EPA provide to the Office of does not impose any enforceable duties further action on this matter. As a result, Management and Budget a description on these entities. Accordingly, the boilers subject to the NOX limit starting of the extent of EPA’s prior consultation requirements of section 3(b) of in 2000 and originally constructed as with representatives of affected State, Executive Order 13084 do not apply to cell burner boilers will be subject to the local and tribal governments, the nature this rule. NOX limit for cell burner boilers, of their concerns, copies of any written regardless of whether or when they are communications from the governments, D. Unfunded Mandates Act modified through the installation of and a statement supporting the need to Title II of the Unfunded Mandates non-plug-in combustion controls. issue the regulation. In addition, Reform Act of 1995 (UMRA), Pub. L. Today’s rule revision does not address Executive Order 12875 requires EPA to 104–4, establishes requirements for or change in any respect the compliance develop an effective process permitting federal agencies to assess the effects of dates, which are in the existing elected officials and other their regulatory actions on State, local, regulations and which the Court upheld representatives of State, local and tribal and tribal governments and the private

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.050 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55837 sector. Under section 202 of UMRA, approved the information collection disproportionate effect on children. If EPA generally must prepare a written requirements contained in the Acid the regulatory action meets both criteria, statement, including a cost-benefit Rain Nitrogen Oxides Emission EPA must evaluate the environmental analysis, before promulgating a Reduction Program regulations, 40 CFR health or safety effects of the planned proposed or final rule that includes a part 76, under the provisions of the rule on children and explain why the federal mandate that may result in Paperwork Reduction Act, 44 U.S.C. planned regulation is preferable to other expenditure by State, local, and tribal 3501, et seq. See OMB Control Number potentially effective and reasonably governments, in aggregate, or by the 2060–0258. feasible alternatives considered by EPA. private sector, of $100 million or more Burden means the total time, effort, or Today’s final rule is not subject to in any one year. Section 205 generally financial resources expended by persons Executive Order 13045, because the requires that, before promulgating a rule to generate, maintain, retain, or disclose action is not economically significant for which a written statement must be or provide information to or for a and does not address an environmental prepared, EPA must identify and Federal agency. This includes the time health or safety risk that may consider a reasonable number of needed to review instructions; develop, disproportionately affect children. regulatory alternatives and adopt the acquire, install, and utilize technology least costly, most cost-effective, or least and systems for the purposes of H. National Technology Transfer and burdensome alternative that achieves collecting, validating, and verifying Advancement Act the objectives of the rule. The information, processing and Section 12(d) of the National provisions of section 205 do not apply maintaining information, and disclosing Technology Transfer and Advancement when they are inconsistent with and providing information; adjust the Act of 1995 (NTTAA), Pub L. 104–113, applicable law. Moreover, section 205 existing ways to comply with any § 12(d) (15 U.S.C. 272 note), directs EPA allows EPA to adopt an alternative other previously applicable instructions and to use voluntary consensus standards in than the least costly, most cost-effective, requirements; train personnel to be able its regulatory activities unless to do so or least burdensome alternative if the to respond to a collection of would be inconsistent with applicable Administrator explains why that information; search data sources; law or otherwise impractical. Voluntary alternative was not adopted. Finally, complete and review the collection of consensus standards are technical section 203 requires that, before information; and transmit or otherwise standards (e.g., materials specifications, establishing any regulatory disclose the information. test methods, sampling procedures, or requirements that may significantly or Copies of the previously approved business practices) that are developed or uniquely affect small governments, EPA ICR may be obtained from the Director, adopted by voluntary consensus must have developed a small Regulatory Information Division; EPA; standards bodies. The NTTAA requires government agency plan. The plan must 401 M St. SW (mail code 2137); EPA to provide Congress, through OMB, provide for notifying any potentially Washington, DC 20460 or by calling explanations when the Agency decides affected small governments to have (202) 564–2740. Include the ICR and/or not to use available and applicable meaningful and timely input in the OMB number in any correspondence. voluntary consensus standards. development of EPA regulatory F. Regulatory Flexibility proposals with significant federal Today’s final rule does not involve intergovernmental mandates, and The Regulatory Flexibility Act (RFA), any technical standards that would informing, educating, and advising 5 U.S.C. 601, et seq., generally requires require Agency consideration of small governments on compliance with an agency to conduct a regulatory voluntary consensus standards pursuant the regulatory requirements. flexibility analysis of any rule subject to to section 12(d) of the NTTAA. Because today’s rule is estimated to notice and comment rulemaking I. Submission to Congress and the result in the expenditure by State, local, requirements unless the agency certifies General Accounting Office and tribal governments or the private that the rule will not have a significant sector of less than $100 million in any economic impact on a substantial The Congressional Review Act, 5 one year, the Agency has not prepared number of small entities. Small entities U.S.C. 801, et seq., as added by the a budgetary impact statement or include small businesses, small not-for- Small Business Regulatory Enforcement specifically addressed the selection of profit enterprises, and small government Fairness Act of 1996, generally provides the least costly, most cost-effective, or jurisdictions. that before a rule may take effect, the least burdensome alternative. Because As discussed above, EPA projects that agency promulgating the rule must small governments will not be today’s final rule will affect only one submit a rule report, which includes a significantly or uniquely affected by this boiler, by increasing the level of the copy of the rule, to each House of the rule, the Agency is not required to boiler’s NOX emission limit under title Congress and to the Comptroller General develop a plan with regard to small IV. Moreover, the boiler is not owned or of the United States. EPA will submit a governments. operated by a small entity. For these report containing this rule and other As discussed above, EPA projects that reasons, EPA has determined that this required information to the U.S. Senate, today’s final rule will affect only one rule will not have a significant the U.S. House of Representatives, and boiler, by increasing the level of the economic impact on a substantial the Comptroller General of the United boiler’s NOX emission limit under title number of small entities. States prior to publication of the rule in IV. Moreover, the boiler is not owned or the Federal Register. A major rule G. Applicability of Executive Order operated by a State, local, and tribal cannot take effect until 60 days after it 13045: Children’s Health Protection government. is published in the Federal Register. Executive Order 13045 (62 FR 19885, Today’s final rule is not a ‘‘major rule’’ E. Paperwork Reduction Act April 29, 1997) applies to any rule if as defined by 5 U.S.C. 804(2). Today’s final revisions to parts 72 and EPA determines (1) that the rule is List of Subjects in 40 CFR Part 76 73 will not impose any new information economically significant as defined collection burden subject to the under Executive Order 12866, and (2) Environmental protection, Acid rain Paperwork Reduction Act (44 U.S.C. that the environmental health or safety program, Air pollution control, Electric 3501, et seq.). OMB has previously risk addressed by the rule has a utilities, Nitrogen oxides.

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.052 pfrm02 PsN: 15OCR1 55838 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

Dated: October 5, 1999. mail, in person, or by courier. Please ‘‘Laws and Regulations’’ and then look Carol M. Browner, follow the detailed instructions for each up the entry for this document under Administrator. method as provided in Unit VIII. of the the ‘‘Federal Register--Environmental ‘‘SUPPLEMENTARY INFORMATION’’ Documents.’’ You can also go directly to For the reasons set out in the section. To ensure proper receipt by the Federal Register listings at http:// preamble, title 40, chapter I of the Code EPA, your objections and hearing www.epa.gov/fedrgstr/. of Federal Regulations is amended as requests must identify docket control 2. In person. The Agency has follows: number OPP–300915 in the subject line established an official record for this PART 76Ð[AMENDED] on the first page of your response. action under docket control number FOR FURTHER INFORMATION CONTACT: By OPP–300915. The official record 1. The authority citation for part 76 mail: Edward Allen, Biological consists of the documents specifically continues to read as follows: Pesticides and Pollution Prevention referenced in this action, and other Authority: 42 U.S.C. 7601 and 7651, et seq. Division (7511C), Office of Pesticide information related to this action, Programs, Environmental Protection including any information claimed as 2. Section 76.6 is amended by Agency, 401 M St., SW., Washington, Confidential Business Information (CBI). removing from paragraph (a)(1) the DC 20460. Office location, telephone This official record includes the words ‘‘after November 15, 1990’’ and number and e-mail: 9th Floor, Crystal documents that are physically located in the entire last sentence. Mall 2 (CM #2), 1921 Jefferson Davis the docket, as well as the documents [FR Doc. 99–26658 Filed 10–14–99; 8:45 am] Hwy., Arlington, VA, (703) 308–8699; e- that are referenced in those documents. BILLING CODE 6560±50±P mail: [email protected]. The public version of the official record SUPPLEMENTARY INFORMATION: does not include any information claimed as CBI. The public version of ENVIRONMENTAL PROTECTION I. General Information the official record, which includes AGENCY A. Does This Action Apply to Me? printed, paper versions of any electronic comments submitted during an 40 CFR Part 180 You may be affected by this action if applicable comment period is available you are an agricultural producer, food [OPP±300915; FRL±6380±4] for inspection in the Public Information manufacturer, or pesticide and Records Integrity Branch (PIRIB), RIN 2070±AB78 manufacturer. Potentially affected Rm. 119, CM #2, 1921 Jefferson Davis categories and entities may include, but Hwy., Arlington, VA, from 8:30 a.m. to Rhizobium Inoculants; Exemption are not limited to: 4 p.m., Monday through Friday, From the Requirement of a Tolerance excluding legal holidays. The PIRIB telephone number is (703) 305–5805. AGENCY: Environmental Protection Agency (EPA). Cat- Examples of Poten- II. Background and Statutory Findings egories NAICS tially Affected Entities ACTION: Final rule. In the Federal Register of May 19, 1999 (64 FR 27223) (FRL–6074–3), EPA SUMMARY: This regulation establishes an Industry 111 Crop production issued a proposed rule pursuant to exemption from the requirement of a 112 Animal production 311 Food manufacturing section 408 of the Federal Food, Drug, tolerance for residues of the Rhizobium 32532 Pesticide manufac- and Cosmetic Act (FFDCA), 21 U.S.C. inoculants (pure strains of Rhizobium turing 346a, as amended by the Food Quality spp. bacteria [e.g. Sinorhizobium, Protection Act (FQPA) (Public Law 104– Bradyrhizobium & Rhizobium]; 170). This rule was proposed by EPA on hereinafter referred to as Rhizobium This listing is not intended to be its on initiative. The rule included a inoculants) when used as inert exhaustive, but rather provides a guide summary of the petition prepared by ingredients in pesticide formulations for readers regarding entities likely to be EPA. There were no comments received applied to all leguminous food affected by this action. Other types of in response to the proposed rule. commodities. This would not include entities not listed in the table could also be affected. The North American The petition requested that 40 CFR strains expressing rhizobitoxine or Industrial Classification System 180.1001(c) be amended by establishing strains deliberately altered to expand (NAICS) codes have been provided to an exemption from the requirement of a the range of antibiotic resistance. EPA is assist you and others in determining tolerance for residues of Rhizobium establishing this regulation on its own whether or not this action might apply inoculants. initiative. EPA submitted a proposed to certain entities. If you have questions Section 408(b)(2)(A)(i) of the FFDCA rule under the Federal Food, Drug, and regarding the applicability of this action allows EPA to establish an exemption Cosmetic Act, as amended by the Food to a particular entity, consult the person from the requirement for a tolerance (the Quality Protection Act of 1996 listed in the ‘‘FOR FURTHER legal limit for a pesticide chemical requesting an exemption from the INFORMATION CONTACT’’ section. residue in or on a food) only if EPA requirement of a tolerance. This determines that the tolerance is ‘‘safe.’’ regulation eliminates the need to B. How Can I Get Additional Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to establish a maximum permissible level Information, Including Copies of This mean that ‘‘there is a reasonable for residues of Rhizobium inoculants. Document and Other Related certainty that no harm will result from DATES: This regulation is effective Documents? aggregate exposure to the pesticide October 15, 1999. Objections and 1. Electronically. You may obtain chemical residue, including all requests for hearings, identified by electronic copies of this document, and anticipated dietary exposures and all docket control number OPP–300915, certain other related documents that other exposures for which there is must be received by EPA on or before might be available electronically, from reliable information.’’ This includes December 14, 1999. the EPA Internet Home Page at http:// exposure through drinking water and in ADDRESSES: Written objections and www.epa.gov/. To access this residential settings, but does not include hearing requests may be submitted by document, on the Home Page select occupational exposure. Section

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.053 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55839

408(b)(2)(C) requires EPA to give special express rhizobitoxine from this inert requirement of a tolerance for an inert consideration to exposure of infants and clearance because of possible additional ingredient. children to the pesticide chemical human exposure to rhizobitoxine. Dietary Exposure residue in establishing a tolerance and EPA believes that any intentional to ‘‘ensure that there is a reasonable alteration in the range of antibiotic For the purposes of assessing the certainty that no harm will result to resistance of Rhizobium species should potential dietary exposure under this infants and children from aggregate be considered for its impact on the exemption, EPA considered that under exposure to the pesticide chemical proliferation of antibiotic resistance this exemption Rhizobium inoculants residue....’’ traits in clinically important pathogenic could be present in all raw and EPA performs a number of analyses to bacteria. It is common knowledge that processed agricultural commodities and determine the risks from aggregate all bacteria, including these Rhizobium drinking water and that non- exposure to pesticide residues. First, species, have inherent resistance to occupational, non-dietary exposure was EPA determines the toxicity of certain antibiotics. It is also known that possible. The intended use pattern as a pesticides. Second, EPA examines bacteria, especially clinical strains, have seed or soil inoculant lessens the exposure to the pesticide through food, developed or acquired antibiotic likelihood of contact with humans other drinking water, and through other resistance due to widespread use of than occupational exposure. The exposures that occur as a result of antibioitcs. The exclusion of Rhizobium likelihood that a soil bacterium such as pesticide use in residential settings. strains with altered antibiotic resistance Rhizobium will enter drinking water in from this tolerance exemption significant numbers is remote III. Toxicological Profile discourages the use of antibiotic considering the natural filtration of the Consistent with section 408(b)(2)(D) resistance genes, especially those genes soil profile as water percolates to the of FFDCA, EPA has reviewed the with resistance to clincally important water table and the fact that many water available scientific data and other antibiotics. EPA therefore excludes any supplies are treated prior to distribution relevant information in support of this Rhizobium species with an intentionally in municipal systems (USEPA/OPPT, action and considered its validity, expanded range of antibiotic resistance Exposure Assessment for completeness and reliability and the traits from this exemption. Commercialization of a Recombinant relationship of this information to Strain of Rhizobium meliloti, RMBPC–2, human risk. EPA has also considered IV. Aggregate Exposures December 1994). Even if exposure available information concerning the In examining aggregate exposure, occurred, the lack of reports of disease variability of the sensitivities of major FFDCA section 408 directs EPA to in man or animals indicates there is no identifiable subgroups of consumers, consider available information risk for these exposures. Therefore, EPA including infants and children. The concerning exposures from the pesticide concluded that, based on this nature of the toxic effects caused by residue in food and all other non- inoculant’s use, there are no concerns Rhizobium inoculants are discussed in occupational exposures, including for risks associated with any potential this unit. drinking water from ground water or exposure scenarios that are reasonably The inoculants that are the subject of surface water and exposure through foreseeable. this exemption are pure stains of pesticide use in gardens, lawns, or bacteria in the genera Rhizobium, buildings (residential and other indoor V. Cumulative Effects Sinorhizobium or Bradyrhizobium. uses). Section 408(b)(2)(D)(v) of FFDCA Rhizobium species are found naturally Consistent with section 408(c)(2)(B) of requires that, when considering whether in soil and are agriculturally important FFDCA, EPA has reviewed the available to establish, modify, or revoke a as they form a symbiosis with the roots scientific data and other relevant tolerance or tolerance exemption, the of leguminous plants such as green information in support of the proposed Agency consider ‘‘available beans, alfalfa and soybeans. This action. EPA has sufficient data to assess information’’ concerning the cumulative symbiosis is a controlled bacterial the hazards of Rhizobium inoculants in effects of a particular chemical’s infection of the root cortical cells and or on all leguminous food commodities. residues and ‘‘other substances that results in root nodules formation. These EPA’s assessment of the dietary have a common mechanism of toxicity.’’ root nodules biologically fix exposures and risks associated with In the case of the Rhizobium inoculants, atmospheric nitrogen into a form readily establishing these tolerances are as as limited, there is lack of toxicity to useable by plants. follows. humans and other animal species as There are no reports in the literature The data available in the public well as no information in the literature of these Rhizobium bacteria causing literature, EPA’s Biotechnology Science indicating a cumulative effect with any disease or injury to man or other Advisory Committee’s reports on other compound. Therefore, a animals (USEPA/OPPT ‘‘Risk genetically engineered Rhizobium cumulative risk assessment is not Assessment, Commercialization Request species and other relevant material have necessary. for P–92–403, Sinorhizobium been evaluated. As part of the EPA (Rhizobium) meliloti RMBPC–2,’’ May policy statement on inert ingredients VI. Determination of Safety for U.S. 1997). There are reports of Rhizobium published in the Federal Register of Population, Infants and Children bacteria producing a toxin April 22, 1987 (52 FR 13305), EPA set Based on the information in this (rhizobitoxine) that can affect the forth a list of studies which would preamble, EPA concludes that there is a growth of legume plants nodulated with generally be used to evaluate the risks reasonable certainty of no harm from these strains. It is unlikely that any posed by the presence of an inert aggregate exposure to Rhizobium Rhizobium inoculants that are the ingredient in a pesticide formulation. inoculants residues. Accordingly, EPA subject of this exemption would be However, where it can be determined finds that exempting Rhizobium developed which express rhizobitoxine that the inert ingredient will present inoculants from the requirement of a due to the adverse effects they have on minimal or no risk, EPA generally does tolerance will be safe. EPA believes the host plant. However, EPA feels it is not require some or all of the listed these bacteria present no dietary risk appropriate to exclude Rhizobium studies to rule on the proposed under any reasonably foreseeable strains intentionally developed to tolerance or exemption from the circumstances.

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.054 pfrm02 PsN: 15OCR1 55840 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

FFDCA section 408 provides that EPA on the first page of your submission. All James Hollins, Information Resources shall apply an additional tenfold margin requests must be in writing, and must be and Services Division (7502C), Office of of safety for infants and children in the mailed or delivered to the Hearing Clerk Pesticide Programs, Environmental case of threshold effects to account for on or before December 14, 1999. Protection Agency, 401 M St., SW., prenatal and postnatal toxicity and the 1. Filing the request. Your objection Washington, DC 20460. completeness of the data base unless must specify the specific provisions in 3. Copies for the Docket. In addition EPA concludes that a different margin of the regulation that you object to, and the to filing an objection or hearing request safety will be safe for infants and grounds for the objections (40 CFR with the Hearing Clerk as described in children. Margins of safety are 178.25). If a hearing is requested, the Unit VIII.A. of this preamble, you incorporated into EPA risk assessments objections must include a statement of should also send a copy of your request either directly through the use of margin the factual issues(s) on which a hearing to the PIRIB for its inclusion in the of exposure analysis or through using is requested, the requestor’s contentions official record that is described in Unit uncertainty (safety) factors in on such issues, and a summary of any I.B.2. of this preamble. Mail your copies, calculating a dose level that poses no evidence relied upon by the objector (40 identified by docket number OPP– appreciable risk to humans. CFR 178.27). Information submitted in 300915, to: Public Information and connection with an objection or hearing Records Integrity Branch, Information VII. Other Considerations request may be claimed confidential by Resources and Services Division A. Endocrine Disruptors marking any part or all of that (7502C), Office of Pesticide Programs, The Agency has no information to information as CBI. Information so Environmental Protection Agency, 401 suggest that Rhizobium inoculants will marked will not be disclosed except in M St., SW., Washington, DC 20460. In adversely affect the immune or accordance with procedures set forth in person or by courier, bring a copy to the endocrine systems. The Agency is not 40 CFR part 2. A copy of the location of the PIRIB described in Unit requiring information on the endocrine information that does not contain CBI I.B.2. of this preamble. You may also effects of this microbial pesticide at this must be submitted for inclusion in the send an electronic copy of your request time; Congress has allowed 3 years after public record. Information not marked via e-mail to: [email protected]. August 3, 1996, for the Agency to confidential may be disclosed publicly Please use an ASCII file format and implement a screening program with by EPA without prior notice. avoid the use of special characters and Mail your written request to: Office of respect to endocrine effects. any form of encryption. Copies of the Hearing Clerk (1900), Environmental electronic objections and hearing B. International Tolerances Protection Agency, 401 M St., SW., requests will also be accepted on disks There are no CODEX tolerances or Washington, DC 20460. You may also in WordPerfect 6.1/8.0 file format or international tolerance exemptions for deliver your request to the Office of the ASCII file format. Do not include any Rhizobium inoculants at this time. Hearing Clerk in Rm. M3708, Waterside CBI in your electronic copy. You may Mall, 401 M St., SW., Washington, DC also submit an electronic copy of your VIII. Objections and Hearing Requests 20460. The Office of the Hearing Clerk request at many Federal Depository Under section 408(g) of the FFDCA, as is open from 8 a.m. to 4 p.m., Monday Libraries. amended by the FQPA, any person may through Friday, excluding legal B. When Will the Agency Grant a file an objection to any aspect of this holidays. The telephone number for the Request for a Hearing? regulation and may also request a Office of the Hearing Clerk is (202) 260– hearing on those objections. The EPA 4865. A request for a hearing will be granted procedural regulations which govern the 2. Tolerance fee payment. If you file if the Administrator determines that the submission of objections and requests an objection or request a hearing, you material submitted shows the following: for hearings appear in 40 CFR part 178. must also pay the fee prescribed by 40 There is a genuine and substantial issue Although the procedures in those CFR 180.33(i) or request a waiver of that of fact; there is a reasonable possibility regulations require some modification to fee pursuant to 40 CFR 180.33(m). You that available evidence identified by the reflect the amendments made to the must mail the fee to: EPA Headquarters requestor would, if established, resolve FFDCA by the FQPA of 1996, EPA will Accounting Operations Branch, Office one or more of such issues in favor of continue to use those procedures, with of Pesticide Programs, P.O. Box the requestor, taking into account appropriate adjustments, until the 360277M, Pittsburgh, PA 15251. Please uncontested claims or facts to the necessary modifications can be made. identify the fee submission by labeling contrary; and resolution of the factual The new section 408(g) provides it ‘‘Tolerance Petition Fees.’’ issues(s) in the manner sought by the essentially the same process for persons EPA is authorized to waive any fee requestor would be adequate to justify to ‘‘object’’ to a regulation for an requirement ‘‘when in the judgement of the action requested (40 CFR 178.32). exemption from the requirement of a the Administrator such a waiver or refund is equitable and not contrary to IX. Regulatory Assessment tolerance issued by EPA under new Requirements section 408(d), as was provided in the the purpose of this subsection.’’ For old FFDCA sections 408 and 409. additional information regarding the This final rule establishes an However, the period for filing objections waiver of these fees, you may contact exemption from the tolerance is now 60 days, rather than 30 days. James Tompkins by phone at (703) 305– requirement under section 408(d) of the 5697, by e-mail at FFDCA in response to a petition A. What Do I Need To Do To File an [email protected], or by mailing a submitted to the Agency. The Office of Objection or Request a Hearing? request for information to Mr. Tompkins Management and Budget (OMB) has You must file your objection or at Registration Division (7505C), Office exempted these types of actions from request a hearing on this regulation in of Pesticide Programs, Environmental review under Executive Order 12866, accordance with the instructions Protection Agency, 401 M St., SW., entitled Regulatory Planning and provided in this unit and in 40 CFR part Washington, DC 20460. Review (58 FR 51735, October 4, 1993). 178. To ensure proper receipt by EPA, If you would like to request a waiver This final rule does not contain any you must identify docket control of the tolerance objection fees, you must information collections subject to OMB number OPP–300915 in the subject line mail your request for such a waiver to: approval under the Paperwork

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.054 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55841

Reduction Act (PRA), 44 U.S.C. 3501 et and responsibilities established by the U.S. House of Representatives, and seq., or impose any enforceable duty or Congress in the preemption provisions the Comptroller General of the United contain any unfunded mandate as of the Federal Food, Drug, and Cosmetic States prior to publication of this rule in described under Title II of the Unfunded Act, 21 U.S.C. 346a(b)(4). This action the Federal Register. This rule is not a Mandates Reform Act of 1995 (UMRA) directly regulates growers, food ‘‘major rule’’ as defined by 5 U.S.C. (Public Law 104–4). Nor does it require processors, food handlers and food 804(2). prior consultation with State, local, and retailers, not States. This action does not tribal government officials as specified involve any technical standards that List of Subjects in 40 CFR Part 180 by Executive Order 12875, entitled would require Agency consideration of Environmental protection, Enhancing the Intergovernmental voluntary consensus standards pursuant Administrative practice and procedure, Partnership (58 FR 58093, October 28, to section 12(d) of the National Agricultural commodities, Pesticides 1993) and Executive Order 13084, Technology Transfer and Advancement entitled Consultation and Coordination Act of 1995 (NTTAA), Public Law 104– and pests, Reporting and recordkeeping with Indian Tribal Governments (63 FR 113, section 12(d) (15 U.S.C. 272 note). requirements. 27655, May 19, 1998), or special In addition, since tolerances and Dated: September 29, 1999. consideration of environmental justice exemptions that are established on the related issues under Executive Order basis of a petition under FFDCA section Marcia E. Mulkey, 12898, entitled Federal Actions to 408(d), such as the exemption in this Director, Office of Pesticide Programs. Address Environmental Justice in final rule, do not require the issuance of Minority Populations and Low-Income a proposed rule, the requirements of the Therefore, 40 CFR chapter I is Populations (59 FR 7629, February 16, Regulatory Flexibility Act (RFA) (5 amended as follows: 1994) or require OMB review in U.S.C. 601 et seq.) do not apply. PART 180Ð [AMENDED] accordance with Executive Order 13045, entitled Protection of Children from X. Submission to Congress and the Comptroller General 1. The authority citation for part 180 Environmental Health Risks and Safety continues to read as follows: Risks (62 FR 19885, April 23, 1997). The The Congressional Review Act, 5 Agency has determined that this action U.S.C. 801 et seq., as added by the Small Authority: 21 U.S.C. 321(q), 346(a) and will not have a substantial direct effect Business Regulatory Enforcement 371. on States, on the relationship between Fairness Act of 1996, generally provides 2. In section 180.1001, the table in the national government and the States, that before a rule may take effect, the paragraph (c) is amended by adding or on the distribution of power and agency promulgating the rule must alphabetically the following inert responsibilities among the various submit a rule report, which includes a ingredient: levels of government, as specified in copy of the rule, to each House of the Executive Order 12612, entitled Congress and to the Comptroller General § 180.1001 Exemptions from the Federalism (52 FR 41685, October 30, of the United States. EPA will submit a requirement of a tolerance. 1987). This action does not alter the report containing this rule and other * * * * * relationships or distribution of power required information to the U.S. Senate, (c) * * *

Inert ingredients Limits Uses

******* Rhizobium inoculants (e.g. Sinorhizobium, ...... All leguminous food commodities Bradyrhizobium & Rhizobium).

*******

[FR Doc. 99–26862 Filed 10–14–99; 8:45 am] make them consistent with new preference for negotiated prices set forth BILLING CODE 6560±50±F Committee pricing policies reflecting a in the Committee’s recently-adopted preference for negotiated rather than pricing policies and the methods of formula-based fair market prices. price-setting established by those COMMITTEE FOR PURCHASE FROM EFFECTIVE DATE: November 15, 1999. policies. Paragraph (a) of 41 CFR 51–5.5 PEOPLE WHO ARE BLIND OR is revised to emphasize the statutory ADDRESSES: Committee for Purchase SEVERELY DISABLED nature of the Committee’s price-setting From People Who Are Blind or Severely authority. This revision is intended to Disabled, Crystal Gateway 3, Suite 310, 41 CFR Parts 51±2 and 51±5 emphasize the exemption of the 1215 Jefferson Davis Highway, Committee’s prices from a statutory Miscellaneous Amendments to Arlington, Virginia 22202–4302. requirement that cost or pricing data be Committee Regulations FOR FURTHER INFORMATION CONTACT: G. submitted to contracting activities AGENCY: Committee for Purchase From John Heyer (703) 603–0665. Copies of before a price can be negotiated and People Who Are Blind or Severely this notice will be made available on recommended to the Committee. Disabled. request in computer diskette format. Paragraph (d)(2) of 41 CFR 51–5.5 is ACTION: Final rule. SUPPLEMENTARY INFORMATION: The revised to change the minimum time for Committee is revising 41 CFR 51–2.7, a contracting activity to submit required SUMMARY: The Committee is changing its the Committee’s general fair market wage determination paperwork to the pricing and shipping regulations to pricing regulation, to reflect the appropriate central nonprofit agency

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.054 pfrm02 PsN: 15OCR1 55842 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations from 90 to 60 days before the beginning List of Subjects in and establish a fair market price, or of a new service period, and to change thereto, for each commodity or 41 CFR Part 51–2 eliminate the requirement for service which is the subject of a submission of Standard Form 98, which Organization and functions recommendation. is no longer needed to learn the (Government agencies) PART 51±5ÐCONTRACTING applicable wage determination rate. 41 CFR Part 51–5 Paragraph (e) of 41 CFR 51–5.5 is REQUIREMENTS Government procurement, revised to give more flexibility in 3. Section 51–5.5 is amended by pricing of special packaging and Handicapped. For the reasons set out in the revising paragraphs (a), (d)(2), and (e), to marking of products and to read as follows: accommodate current contract preamble, parts 51–2 and 51–5 of Title documentation. 41, Chapter 51 of the Code of Federal § 51±5.5 Prices. Prior to a November 16, 1994 change Regulations are amended as follows: (a) The prices for items on the 1. The authority citation for parts 51– to the Committee’s regulations (59 FR Procurement List are fair market prices 2 and 51–5 continues to read as follows: 59338), pricing and delivery terms for established by the Committee under JWOD commodities, other than military Authority: 41 U.S.C. 46–48c. authority of the Javits-Wagner-O’Day resale commodities, were on an ‘‘F.O.B. Act (41 U.S.C. 47(b)). origin’’ basis. The 1994 change PART 51±2ÐCOMMITTEE FOR * * * * * permitted use of ‘‘F.O.B. destination’’ as PURCHASE FROM PEOPLE WHO ARE (d) * * * an alternative. Since then, the BLIND OR SEVERELY DISABLED (2) Provide a copy of the new wage Committee’s commodity pricing policies determination rate or the Department of have been revised to designate ‘‘F.O.B. 2. Section 51–2.7 is revised to read as follows: Labor document stating that the wage destination’’ as the preferred pricing determination rate is unchanged to the and delivery basis. ‘‘F.O.B. origin’’ § 51±2.7 Fair market price. central nonprofit agency at least 60 days pricing and delivery remain available as (a) The Committee is responsible for before the beginning of the new service an alternative when the nonprofit determining fair market prices, and period. agency and the Government contracting changes thereto, for commodities and activity agree to use this basis. The * * * * * services on the Procurement List. The (e) If a contracting activity desires current revision of the shipping Committee establishes an initial fair packing, packaging, or marking of regulation (41 CFR 51–5.6) reflects the market price at the time a commodity or products other than the standard pack change in Committee pricing policy by service is added to the Procurement or as provided in the Procurement List, identifying ‘‘F.O.B. destination’’ as the List. This initial price is based on any difference in cost shall be preferred pricing and shipping basis for Committee procedures, which permit negotiated with the nonprofit agency. all JWOD commodities, with ‘‘F.O.B. negotiations between the contracting 4. Section 51–5.6 is revised to read as origin’’ as a possible alternative basis. activity and the nonprofit agency which follows: Public Comments on the Proposed Rule will produce or provide the commodity § 51±5.6 Shipping. The Committee published the or service to the Government, assisted (a) Except as provided in paragraph proposed rule in the Federal Register of by the appropriate central nonprofit (b) of this section, commodities are sold August 2, 1999 (64 FR 41882). No agency. If agreed to by the negotiating to the Government on an ‘‘F.O.B. comments were received. Accordingly, parties, the initial price may be destination’’ basis, with delivery being the Committee’s regulations are being developed using other methodologies accomplished when the shipment amended as stated in the proposed rule. specified in Committee pricing procedures. reaches the facility designated by the Regulatory Flexibility Act (b) Prices are revised in accordance contracting activity. Time of delivery is I certify that this revision of the with changing market conditions under when the shipment is released by the Committee regulations will not have a Committee procedures, which include carrier and accepted by the contracting significant economic impact on a negotiations between contracting activity or its agent. In this delivery substantial number of small entities activities and producing nonprofit method, the nonprofit agency will because the revision clarifies program agencies, assisted by central nonprofit normally use commercial bills of lading policies and does not essentially change agencies, or the use of economic and will be responsible for any loss or the impact of the regulations on small indices, changes in nonprofit agency damage to the goods occurring before entities. costs, or other methodologies permitted the commodities reach the designated under these procedures. delivery point. The nonprofit agency Paperwork Reduction Act (c) Recommendations for initial fair will prepare and distribute commercial The Paperwork Reduction Act does market prices, or changes thereto, shall bills of lading, furnish delivery not apply to this final rule because it be submitted jointly by the contracting schedules, designate the carriers, and contains no new information collection activities and nonprofit agencies pay all shipping charges to specified or recordkeeping requirements as concerned to the appropriate central delivery points. defined in that Act and its regulations. nonprofit agency. After review and (b) The Committee may determine analysis, the central nonprofit agency that certain commodities are to be sold Executive Order No. 12866 shall submit the recommended prices to the Government on an ‘‘F.O.B. origin’’ The Committee has been exempted and methods by which prices shall be basis, with delivery being accomplished from the regulatory review requirements changed to the Committee, along with when a shipment is placed aboard the of the Executive Order by the Office of the information required by Committee vehicle of the initial carrier. Time of Information and Regulatory Affairs. pricing procedures to support each delivery is when the shipment is Additionally, the final rule is not a recommendation. The Committee will released to and accepted by the initial significant regulatory action as defined review the recommendations, revise the carrier. In this delivery method, the in the Executive Order. recommended prices where appropriate, nonprofit agency will normally use

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.131 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55843

Government bills of lading, and contained in § 96.30 will take effect public law contains amendments to the responsibility for loss or damage to the upon OMB approval. Low-Income Home Energy Assistance goods while in transit passes to the Comment Period: Comments on Act of 1981 (title XXVI of Pub. L. 97– Government at the time the initial § 96.82 will be considered, if received at 35, as amended), including several carrier accepts a shipment. If the the appropriate address, as provided changes affecting LIHEAP grantee contracting activity fails to furnish a below, no later than 5 p.m on December program administration. An interim Government bill of lading promptly, 14, 1999. We will not consider final rule published January 16, 1992, in such failure shall be considered an comments concerning provisions that the Federal Register (57 FR 1960 et seq.) excusable delay in delivery. remain unchanged from the July 17, promulgated regulatory changes for Dated: October 12, 1999. 1992 or November 16, 1993 proposed several provisions which were effective rules or that were revised based on Beverly L. Milkman, for fiscal years (FY) 1991 and FY 1992, public comment. including a leveraging incentive Executive Director. ADDRESSES: Mail written comments on program. It also indicated that [FR Doc. 99–26987 Filed 10–14–99; 8:45 am] § 96.82 to Janet M. Fox, Director, regulations concerning additional BILLING CODE 6353±01±P Division of Energy Assistance, Office of changes resulting from Public Law 101– Community Services, Administration 501 would be issued at a later date. A for Children and Families, 370 L’Enfant final rule relating to the provisions DEPARTMENT OF HEALTH AND Promenade SW, Washington, DC 20447. included in the interim final rule was HUMAN SERVICES The comments received in response to published on May 1, 1995 (60 FR the requirements in § 96.82 may be 21332). An NPRM dated November 16, Office of the Secretary inspected or reviewed at the above 1993 (58 FR 60498) proposed additional address, Monday through Friday, regulatory changes for provisions 45 CFR Part 96 between 9 a.m. and 5 p.m., beginning included in Public Law 101–501 that one week after the publication of this were scheduled to become effective in RIN 0991±AA97 rule. FY 1993 and FY 1994. The later changes Block Grant Programs FOR FURTHER INFORMATION CONTACT: concerned ‘‘forward funding’’ and the Mike Herrell, 202/690–5739. end of authority to transfer LIHEAP AGENCY: Department of Health and SUPPLEMENTARY INFORMATION: funds to other HHS block grants. Other Human Services (HHS). provisions relating to application ACTION: Final rule with comment period. Background submission and completion dates were The Omnibus Budget Reconciliation included in the NPRM. Some of the SUMMARY: This final rule amends the Act of 1981 (Pub. L. 97–35) established provisions included in the Department’s regulations of the Department of Health seven block grants to be administered by NPRM of July 17, 1992, were also and Human Services (HHS) governing the Department of Health and Human included in the November 16, 1993 the administration of block grant Services (HHS). Subsequent legislation NPRM. programs. It updates the current repealed the Primary Care Block Grant. This final rule includes provisions regulations to reflect current statutory Additional legislation divided the which were originally contained in both citations for the block grants. It Alcohol and Drug Abuse and Mental the NPRM issued by the Department of establishes a requirement for grantees to Health Services Block Grant into two, Health and Human Services on July 17, submit obligation and expenditure resulting in the Community Mental 1992 (57 FR 31685) and the NPRM reports for all of the block grants. Health Services Block Grant and the issued on November 16, 1993 (58 FR Additionally, this rule establishes Substance Abuse Prevention and 60498) concerning LIHEAP, CSBG and submission dates and completion dates Treatment Block Grant. An interim final SSBG, all of which are administered by for applications for funding from States regulation to implement the block grants the Administration for Children and and territories for Low-Income Home was published in the Federal Register Families (ACF). It includes a due date Energy Assistance Program (LIHEAP) on October 1, 1981 (46 FR 48582) and for completion of applications for direct and Social Services Block Grant the final regulation was issued on July funding of Indian tribes and tribal Program (SSBG). It also establishes a 6, 1982 (47 FR 29472). Subsequent organizations under LIHEAP. Other completion date for applications for legislation changed certain provisions of issues proposed in the NPRM of July 17, direct funding from Indian tribes and the block grants and the regulation was 1992 which address LIHEAP, CSBG, and tribal organizations for LIHEAP and modified several times. The regulation SSBG as well as some of the other block clarifies procedures related to the was modified most recently on May 1, grant programs which are administered withholding of funds for these 1995 (60 FR 21332) to address by agencies of the Public Health Service programs. In addition, it modifies the requirements for LIHEAP. Based on our (PHS), are also finalized in this rule. It requirements for reallotment of funds experience in administering the block clarifies procedures related to the under LIHEAP. This regulation also grants, we have identified several withholding and reallotment of funds includes an amendment to § 96.82, aspects of the block grant rules that and requires obligation and expenditure regarding the required submission of require, or would benefit from, reports. Some of those items in the July reports on households applying for and clarification. Some of those changes 17, 1992 NPRM which relate to the receiving LIHEAP assistance that is were proposed in a notice of proposed block grants that are administered by being issued as an interim final rule rulemaking (NPRM) issued by HHS for agencies of the PHS may be addressed with opportunity for comment. block grant programs dated July 17, in a separate action. Therefore, this final DATES: Effective Date: This final rule 1992 (57 FR 31685) and are discussed rule excludes the following sections and the interim § 96.82 are effective below. relating to the block grants administered November 15, 1999, except that The Augustus F. Hawkins Human by the PHS contained in the July 1992 §§ 96.10(c), 96.10(d) and 96.49, are Services Reauthorization Act of 1990, NPRM: 96.121, 96.122, 96.123 and effective March 1, 2000. The Public Law 101–501, was enacted on 96.124. In addition, this final rule information collection requirements November 3, 1990. Title VII of this finalizes proposals from the November

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.132 pfrm02 PsN: 15OCR1 55844 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

16, 1993 NPRM. It establishes Waiver of Notice and Comment October 1, 1992 to June 30, 1993, and submission and completion dates for Procedures also for the new program year of July 1, block grant applications from States and The Human Services Amendments of 1993 to June 30, 1994, a period of 21 territories for LIHEAP and SSBG. It also 1994 (Pub. L. 103–252) amended section months. The FY 1993 appropriations law for codifies the end of transfer authority 2605(c)(1)(G) of the LIHEAP statute HHS (Pub. L. 102–394) provided under LIHEAP. Since the publication of regarding data required to be submitted funding for the regular Federal fiscal the November 16, 1993 NPRM, to the Department as part of a grantee’s year 1993, which began October 1, 1992 legislation changed the forward funding annual application for funds under the and ended September 30, 1993. It also program year for LIHEAP to October 1 LIHEAP program. Section 96.82 of this provided advance funding for FY 1994 through September 30, the same dates as amendment to the block grant statute, to operate the program for a nine-month the current Federal fiscal year, but which implements these statutory transition period of October 1, 1993 to funded one year in advance. The issue changes, is being published in interim of forward funding for LIHEAP is June 30, 1994, thus providing partial final form. The Administrative implementation of forward funding a discussed below. Also, this final rule Procedures Act (5 U.S.C. 553(b)(B)) year later than authorized. adds new provisions to update the provides that, if the Department for The FY 1994 appropriations law, regulation to reflect the current names good cause finds that a notice of Public Law 103–112, provided advance and statutory citations for the block proposed rulemaking (NPRM) is FY 1995 funds for the period beginning grants. The NPRM dated November 16, unnecessary, impracticable, or contrary October 1, 1994. This left a three-month 1993 also included technical changes to to public interest, it may dispense with funding gap of July 1 to September 30, § 96.82, concerning a statutorily the NPRM if it incorporates a brief 1994. To eliminate that funding gap, an required report on households assisted statement in the interim final rule of the amendment to the Emergency under the LIHEAP program. reasons for doing so. Supplemental Appropriations Act of Subsequently, however, the Human The Department finds that there is 1994 (Pub. L. 103–211) made the FY Services Amendments of 1994 (Pub. L. good cause to dispense with an NPRM 1994 funds available until September 103–252) amended the statutory with respect to proposed changes to 30, 1994. requirements applying to that report. § 96.82 of the block grant regulations. The Budget of the United States This amendment includes changes to First, it is important that grantees have Government for Fiscal Year 1995 the existing regulations to reflect timely notice of the rules for operating requested funds for the normal Federal implementation of those new their LIHEAP programs consistent with fiscal year of October 1, 1994 to requirements, which we are issuing as the 1994 statutory provisions. Second, September 30, 1995. Subsequently, Title an interim final rule with opportunity LIHEAP grantees and interested parties III of the Human Services Amendments for comment. were notified by information of 1994, Public Law 103–252, memorandum of the opportunity to Provisions in both the July 17, 1992 reauthorized LIHEAP and provided that comment on these requirements as part the program year shall begin on October NPRM and the November 16, 1993 of the Department’s request for approval NPRM included provisions relating to 1 of the fiscal year following the year in by the Office of Management and which the appropriation is made. requirements for CSBG. Since the Budget of the collection of the Therefore, the reauthorization law, publication of those NPRMs, new information. No objections were Public Law 103–252, opted for funding legislation has significantly amended submitted to the information collection a program year that is on the same time certain provisions of the Community approval request. frame as the Federal fiscal year, but Services Block Grant Act. Accordingly, We are interested in receiving formal funded one year in advance. this final rule deletes the following comments on this interim final rule for Consequently, the changes which provisions relating to CSBG: Sections § 96.82. We will review any comments related to forward funding which were 96.49(a), 96.92 and 96.95 of the July 17, which we receive by December 14, proposed in the NPRM dated November 1992 NPRM and §§ 96.10(c)(1), 1999. We will revise the rule, as 16, 1993 (58 FR 60498) will not be 96.10(d)(1) and 96.49(a) of the appropriate, based on the comments we implemented, since due dates for November 16, 1993 NPRM. receive and our experience in reports and other actions do not need to The NPRM dated July 17, 1992 (57 FR implementing the requirement. be changed to be consistent with the 31682) allowed a comment period of 60 Forward Funding of LIHEAP. Sections timetable for a new program year. days. Thirteen letters were received in in the November 16, 1993 NPRM Therefore, the information concerning response to that NPRM and are relating to the program year dates are forward funding and the resultant discussed below. The NPRM dated being deleted because of a change in the technical changes contained in that November 16, 1993 allowed a 45-day law. A new section, 2602(c), was added NPRM are deleted from §§ 96.10, 96.42, comment period. Three letters were to the LIHEAP statute by Public Law 96.49, 96.80, 96.81, 96.85 and 96.87. 101–501. This section provided that received in response to that NPRM and Throughout this current regulation, the LIHEAP funds would be available for are also discussed below. dates proposed in the NPRM dated obligation on the basis of a new November 16, 1993 (58 FR 60498) for A final rule to replace the interim ‘‘program year’’ of July 1 through June implementation during forward funding final rule of January 16, 1992 on the 30, rather than on the normal Federal are deleted and the dates included are leveraging incentive program and other fiscal year basis of October 1 to based on the Federal fiscal year. issues was published on May 1, 1995 September 30. The law provided that (60 FR 21322). In some cases, provisions this change from a fiscal year to a Section-by-Section Analysis of Changes from the July 1992 and November 1993 program year basis, known as ‘‘forward in the Regulations NPRM’s were included in that final rule, funding’’, would take place beginning in Subpart A—Introduction if they were related to issues already fiscal year (FY) 1993, and that it would being addressed in that rule. This be implemented by appropriating funds Section 96.1 Scope applies to §§ 96.14, 96.83, 96.84 and in the FY 1993 HHS appropriations law Several changes have taken place in 96.87. for a nine-month transition period of the block grants since these regulations

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.061 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55845 were first issued in 1981. We are beginning in FY 1987. Beginning with oversight. Examples are the application amending this section, which specifies FY 1990, they were no longer eligible to requirements for MCH, CMHS and which programs are subject to the receive any LIHEAP or CSBG funding. SAPT. The NPRM dated July 17, 1992 regulations, to reflect the current names Palau has also signed a Compact of Free (57 FR 31682) proposed to modify and legal status of the block grants. Association, which went into effect at subsection (a) to allow the Department Although these amendments were not in noon on October 1, 1994. As a result, no to specify the form of an application either the July 17, 1992 or the November remaining entity is encompassed by the when this is required or clearly 16, 1993 NPRMs, we are including them term, ‘‘Trust Territory of the Pacific contemplated by the authorizing statute. in the final rule since the changes are Islands’’. The LIHEAP and CSBG Comments: Two comments were only technical in nature and reflect the allocations for the new Republic of received in response to the proposal statutory situation. Palau were also phased out over a three- concerning the form of an application. Specifically, we are revising year period, beginning in FY 1996. The One commenter indicated that the paragraph (a) to show that the CSBG allocation for the Republic of Palau was Department was proposing to specify program is now covered by sections no more than 75% of its FY 1995 the form of application to be submitted 671–683 of Public Law 97–35, as amount in FY 1996, no more than 50% for CSBG funding. The other commenter amended; deleting reference in in FY 1997, and no more than 25% in indicated the fact that adding ‘‘except paragraph (d) to the Primary Care Block FY 1998. Beginning in FY 1999, no where prescribed elsewhere in this Grant, which was repealed; and LIHEAP or CSBG funds will be allocated rule’’ to the current language is not all amending paragraph (e) to reflect the to the Republic of Palau. All three inclusive, especially since the above fact that the Maternal and Child Health original components of TTPI (the example omitted at least one other block Services Block Grant (MCH) program is Federated States of Micronesia, the grant statute, MCH, which explicitly found at 42 U.S.C. 701–709. We are also Republic of the Marshall Islands, and requires the Secretary to provide a deleting reference in paragraph (c) to the the Republic of Palau) continue to specific ‘‘standard form’’ for the States’ Alcohol and Drug Abuse and Mental receive funding under the block grants applications. The commenter Health Services Block Grant, which has administered by agencies of the PHS, recommended that the rule be amended been repealed and replaced by the since they were exempt from the either to add this example or to clarify Community Mental Health Services compacts’ requirements to phase out that exceptions include any program Block Grant (CMHS) and the Substance funding. where the authorizing legislation Abuse Prevention and Treatment Block To take account of changes in the specifically requires a particular form. Grant (SAPT). CMHS and SAPT are now Trust Territory, the NPRM dated July Response: Although the CSBG statute referenced in revised paragraphs (c) and 17, 1992 (57 FR 31682) proposed to requires the specific content to be (d). modify the definition of ‘‘State’’ as used included in CSBG applications, no Finally, we are revising paragraph (f) in the block grant rule. This final rule particular format is required. The format to clarify that these regulations also will further modify that definition by by regulation is at the discretion of the apply to the Empowerment Zones and deleting ‘‘the Trust Territory of the grantee. The Department agrees with the Enterprise Communities programs Pacific Islands comprised of Palau’’ enacted in 1993 as a part of the Social commenter that the above example since Palau’s Compact of Free Services Block Grant statute. A question should include an additional statement Association became effective after the had been raised by eligible entities as to that Title V of the MCH statute requires publication of the July 1992 NPRM. We whether the block grant regulations or the Secretary to provide a specific are also adding a statement that, for parts 74 and 92 of Departmental ‘‘standard form’’ for the States’ block grants administered by agencies of regulations applied to the applications. Therefore, section 96.10(a) the PHS, ‘‘States’’ will include the Empowerment Zones and Enterprise is amended to include this specific Federated States of Micronesia, the Communities. This amendment will requirement. Furthermore, we have Republic of the Marshall Islands, and make clear that part 96, the block grant added a clarification to allow specific the Republic of Palau. regulations, are applicable. This is formats when authorizing legislation No comments were received in consistent with guidance previously requires it. response to § 96.2 of the NPRM. issued by the Department. In support of its commitment to Therefore, the final rule is revised as Federalism, the Department will Section 96.2 Definitions described above. continue to make every effort to develop The Trust Territory of the Pacific Subpart B—General Procedures its application requirements and forms Islands (TTPI) consisted of Micronesia, in close cooperation with the States, and the Marshall Islands, and Palau for the Section 96.10 Prerequisites To Obtain where possible, the communities. For first five years of the LIHEAP and CSBG Block Grant Funds example, when developing the MCH programs. Two of the components of the Form of application. In general, the application and annual report, the TTPI, the Marshall Islands and block grant regulations provide States Maternal and Child Health Bureau Micronesia, entered into Compacts of and other grantees with substantial developed new guidance and an Free Association with the United States discretion in preparing applications and automated reporting system based on in 1986, under which they were related forms. The current section reads: the emerging concept of ‘‘Performance declared independent nations that will ‘‘No particular form is required for a Partnerships’’. Not only did the Bureau be associated with the United States for State’s application or the related meet regularly with a Block Grant defense purposes during a 15-year submission required by statute.’’ This Guidance Work Group made up largely transition period. Under the terms of language may be misleading, however, of State and local MCH representatives, those Compacts, allocations to the new inasmuch as some block grant statutes but the Bureau field tested the guidance Federated States of Micronesia and the do, in fact, require grantees to submit and information system with 9 states Republic of the Marshall Islands under applications and other information in a and held a number of sessions at three LIHEAP, CSBG, and several other particular form in order to ensure that separate national meetings with Federal assistance programs were the information is useful for statutorily representatives of all State MCH and phased out over a three-year period, intended purposes, e.g., Congressional Children with Special Health Care

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.063 pfrm02 PsN: 15OCR1 55846 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

Needs Directors, as well as many local Federal Register in the fall of 1998 for requesting funds, almost seven months directors. The initial national sessions distribution to the States in Federal after the due date for the submission of focused on discussing and reviewing the fiscal year 1999, beginning October 1, the applications. proposed guidance and performance 1998. This approach gives the grantee Comment: One comment was received partnership measures. Later sessions plenty of time to plan its program in response to the proposed LIHEAP included hands on training in using the activities. submission dates and completion dates guidance that was provided by the For SSBG, accordingly, it was for States and territories. The Bureau and the nine test States. proposed that States and territories commenter was in favor of the proposed Application Submission and which operate on a Federal fiscal year LIHEAP submission date but did not Completion Dates for States and basis submit applications (pre- think the completion date should be Territories For Block Grants. Due dates expenditure reports) for funding by more than 60 days after submittal. The for submission and completion of State September 1 of the preceding fiscal year. commenter expressed the belief that the and territorial applications for LIHEAP, It was also proposed that States and Department was attempting to CSBG and SSBG were proposed by the territories which operate their SSBG circumvent the requirements under the November 16, 1993 NPRM to be added program on a July 1—June 30 basis Cash Management Improvement Act to the block grant regulations so that submit their applications for funding by (CMIA) and that grantees should receive grant awards can be issued as close as June 1 of the preceding funding period. a grant award notification before possible to the beginning of a grant For example, for States and territories October 1 or December 31 of the period. which operate on the basis of the fiscal program year. The Cash Management Improvement year which begins on October 1, 2000, Response: The Department disagrees Act of 1990, (CMIA, Pub. L. 101–453) and ends on September 30, 2001, the with the assertion that we are trying to imposes requirements for the timely date of submission for applications circumvent the requirements under the transfer of funds between a Federal would be September 1, 2000. For SSBG CMIA. If States submit their agency and a State and for the exchange programs with a funding period which applications earlier, the Department will of interest where transfers are not made begins on July 1, 2000, and ends on June review them as soon as possible. in a timely fashion. The CMIA also 30, 2001, the date of submission would Departmental review will be delayed requires States to minimize the time be June 1, 2000. No date was proposed only if the grantee fails to submit all the between the receipt of Federal funds for completion of SSBG applications. information required. The December 31 and their disbursement by the State for No comments were received in completion date requirement was program purposes. The CMIA applies to response to the proposal for submission proposed in order to give grantees the States and territories, but it does not dates for the SSBG program. Thus, the time to submit the required information, apply to Indian tribes or tribal provision is adopted as proposed, with not to give the Department more time to organizations. two exceptions. We have added the review it. The establishment of application due authority to allow the Department to It is the conclusion of the Department dates for States and territories will allow agree to a later application submission that since LIHEAP will continue to be the agency sufficient time to process date, in order to allow for unusual operated on a normal fiscal year basis of applications and issue awards in a circumstances that may make meeting October 1 to September 30, with timely manner, in order to minimize these deadlines difficult or impossible. funding scheduled to be appropriated interest charges associated with the In addition, we have changed the term one year in advance, the due date for CMIA. The NPRM issued by the ‘‘Secretary’’ used in the NPRM to submission of funding applications from Department on July 17, 1992 (57 FR ‘‘Department’’, to better reflect actual States and territories will be established 31685) also proposed completion dates working relationships. as September 1, one month prior to the for tribal applications for the CSBG and Therefore, the date for submission of beginning of the fiscal year, unless the LIHEAP. See below under § 96.49 for SSBG applications is September 1 of the Department agrees to a later date. We further discussion of tribal applications. preceding fiscal year for those States believe it is appropriate to require Because significant changes to the which operate on a Federal fiscal year submission of the funding application CSBG Act have been enacted since the basis unless the Department agrees to a prior to the start of the funding period, publication of the NPRMs, we have later date. The date for submission of since the grantees will have been deleted the provisions relating to CSBG applications for those States which advised of the amount of their application submission and completion operate on a July 1—June 30 basis is the allocations (they should know the level dates from this final rule. preceding June 1 unless the Department or amount) one year in advance and SSBG: The November 16, 1993 NPRM agrees to a later date. States requesting thus will have had sufficient time for also proposed to establish the due date a later submission date should provide planning and to hold the required for SSBG applications as one month proper documentation to the public hearings. The submission date of prior to the beginning of the SSBG State Department. September 1 is also consistent with the program year. State SSBG allocations LIHEAP: For LIHEAP, it was proposed submission date for applications for are established by a formula based on in the NPRM dated November 16, 1993 tribal grantees. population. Each fall, individual State (58 FR 60498) that the submission date The Department agrees with the allocations for the following Federal for applications be established as one commenter that a period of almost seven fiscal year, based on the projected month before the beginning of the new months is not needed for review of the Congressional appropriation, are ‘‘program year’’ of July 1 to June 30. applications. However, based on past published in the Federal Register. Thus, the due date for submission of the experience, since numerous Unless the appropriation is enacted at a applications would be June 1, if forward applications from both States and tribes different level, the allocations published funding were implemented. will be received at the same time, sixty in the Federal Register the previous fall Also in the NPRM, for LIHEAP, the days may not be sufficient time for the are the basis for determining the amount final date for completion of applications completion of reviews, notification of of the grant awards for the following from States and territories was proposed grantees concerning deficiencies in fiscal year. For example, FY 1999 to be established as December 31 of the applications, and receipt of the grantees’ allocations were published in the program year for which they were responses. Therefore, as a compromise,

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.064 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55847 the due date for the completion of all Department, under certain No comments were received in information required by States and circumstances, to grant a waiver to response to § 96.15 of the NPRM. territories is being established as increase the maximum amount of Therefore, this rule is adopted as December 15 of the fiscal year for which LIHEAP funds a grantee may use for low proposed, with the changes discussed they are requesting funds, 31⁄2 months cost weatherization or other energy- above for the titles and waiver after the due date for the submission of related home repairs from 15 percent to approving authorities for the block the applications. For example, for fiscal up to 25 percent of the funds allotted or grants administered by agencies of the year 2000, which begins on October 1, available to the grantee. PHS. 1999 and ends on September 30, 2000, Section 2604(c) of the LIHEAP statute Subpart C—Financial Management applications must be submitted by provides that a ‘‘reasonable amount’’ of September 1, 1999 and must be LIHEAP funds (based on data from prior Section 96.30 Fiscal and completed by December 15, 1999, years) shall be reserved until March 15 Administrative Requirements unless the Department agrees to a later of each year by each grantee for energy The NPRM issued by the Department date after proper documentation from crisis intervention. This section dated July 17, 1992 proposed to add a the State. describes performance standards for new paragraph that would require block As with the SSBG program, we have time frames for the provision of grant recipients to submit information added the authority to allow the assistance, in addition to performance on the obligation and expenditure status Department to agree to a later standards for geographical accessibility of each block grant allocation. For block application submission or completion and obtaining applications from grants whose statutory authorizations date, in order to allow for unusual individuals who are physically infirm. include time limits on both obligation circumstances that may make meeting However, the statute provides for a and expenditure of funds, this these deadlines difficult or impossible, waiver of the performance standards for information would include: (1) The and we have changed the term a program in a geographical area dollar amount of the funds obligated by ‘‘Secretary’’ to ‘‘Department’’. affected by a natural disaster designated the grantee and the date of the last Effective Date: Given the timing of by the Secretary or affected by a major obligation; and (2) the dollar amount of publication of this final rule, there will disaster or emergency designated by the the funds expended by the grantee and not be time for grantees to meet the new President for as long as the designation the date of the last expenditure. schedule for submission and completion remains in effect, when the emergency For block grant statutes which have of FY 2000 SSBG and LIHEAP makes compliance with the standards time limits on the obligation of funds applications, which will be due on impracticable. Detailed criteria for a but not on the expenditure of funds, this September 1 (or June 1 for some SSBG waiver of the crisis assistance information would include the dollar applications) of each year. Accordingly, performance standards are described in amount of the funds obligated during §§ 96.10(c) (1) and (2) and 96.10(d) of 45 CFR, part 96, § 96.89. the period funds were available for this rule, relating to the submission Currently, no mention is made in obligation and the date of the last deadlines for SSBG applications and the § 96.15 of the regulations to indicate to obligation. submission and completion deadlines whom applications for waivers that are For block grant statutes which have for LIHEAP applications, will become permitted by statute should be time limits only on the expenditure of effective on March 1, 2000, and will submitted for the LIHEAP program. funds, this information would include apply beginning with FY 2001 plans for Current regulation requires that waivers the dollar amount of the funds SSBG and LIHEAP. Under these under the CSBG program are to be expended and the date of the last provisions, for example, SSBG submitted to the Director, Office of expenditure. applications for FY 2001 must be Community Services. It was proposed in The information would be required submitted by September 1, 2000 for the NPRM dated November 16, 1993 (58 for each block grant award allocation States that operate their programs on a FR 60498) that waiver applications for after the close of the statutory period(s) federal fiscal year basis, and by June 1, SSBG (formerly submitted to the for obligation of funds and/or 2000 for States that operate on a July 1– defunct Office of Human Development expenditure of funds. June 30 program year basis. LIHEAP Services) and for LIHEAP should also be As proposed in the NPRM, grantees applications for FY 2001 must be submitted to the Director, Office of would be required to answer an inquiry submitted by September 1, 2000 and Community Services. This section also issued to the grantee by the must be completed by December 15, currently specifies that applications for Department’s Office of Payment 2000. waivers for block grants administered by Management Systems. This letter would agencies of the PHS should be be sent at the end of the statutory period Section 96.15 Waivers submitted to the Assistant Secretary of for obligation or expenditure of funds. The LIHEAP statute provides that Health. With the reorganization of the Grantees would have 90 days after the grantees may request waivers of the Office of the Assistant Secretary for end of the applicable statutory period limit on the amount of funds that may Health in 1995, this responsibility was (or 90 days after receipt of the letter, be spent on weatherization activities delegated to the cognizant Agencies of whichever is the later date) to return the and other energy-related home repairs the PHS. Accordingly, this section has letter with the required information. and of certain crisis assistance been revised to specify that waiver This information would allow HHS performance standards. requests should be submitted to the and the grantee to verify the financial The LIHEAP statute provides that, in Director of the Centers for Disease status of block grant funds and allow the general, not more than 15 percent of Control and Prevention for PHS, to the Department to determine aggregate funds allotted to or available to a Administrator of the Substance Abuse obligations, expenditures, and available grantee for any fiscal year may be used and Mental Health Services balances. The reporting requirement for weatherization activities and other Administration for CMHS and SAPT, would not affect a grantee’s right to energy-related home repairs. Section and to the Director of the Maternal and subsequent reimbursement or to draw 705 of Public Law 101–501 (42 U.S.C. Child Health Bureau for MCH. The new down funds for authorized obligations 8624(k)) amended section 2605(k) of the titles of the CMHS and SAPT block or expenditures made within the LIHEAP statute to allow the grants are also reflected in this section. allowable statutory periods.

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.066 pfrm02 PsN: 15OCR1 55848 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

Comments: Three commenters wrote to maintain this information under to use a more accurate term, since in response to this section of the NPRM. current requirements of section 96.30. ‘‘recipients’’ are often considered to be One commenter indicated that, although This section of the block grant individual beneficiaries. submission of a letter to the Department regulations currently states that Subpart D—Direct Funding of Indian at the end of the year on the expenditure recipients are to maintain information Tribes and Tribal Organizations of CSBG funds would not be a sufficient to: ‘‘* * * (b) permit the significant burden, it seemed to be a tracing of funds to a level of expenditure Section 96.41 General Determination duplication of information which the adequate to establish that such funds Each of the block grant statutes States provide in the expenditure have not been used in violation of the provides direct funding for States and reports submitted at the end of the year. restrictions and prohibitions of the territories. Statutes for four block The commenter continued by stating statute authorizing the block grant.’’ grants—LIHEAP, CSBG, PHHS, and that it would have no adverse impact for Furthermore, the Department now SAPT—authorize the Secretary to fund this report to be submitted concerning periodically sends grantees letters certain Indian tribes and tribal LIHEAP expenditures. indicating the status of their block grant organizations directly if the Secretary The second commenter wrote that the funds and asks grantees to confirm this determines that tribal members would imposition of new reporting information. However, since the be better served by the tribe than by the requirements is contrary to the original publication of the July 17, 1992 NPRM, State(s) in which the tribe is located. In intent of the block grant legislation that the Department considered designating the case of SAPT, this authority is sought to minimize Federal the use of OMB Standard Form 269A, limited by statute to tribes that were administrative requirements by placing Financial Status Report (short form), to funded in FY 1991 under the Alcohol greater reliance on State government. collect this information because it and Drug Abuse and Mental Health The writer stated that the current block would be less burdensome on the Services Block Grant, the predecessor to grant reporting requirements are grantees and the Department. The first SAPT and CMHS. Under this statutory adequate and should not be changed. comment reinforced this thought. By provision, only one tribe qualifies for The final commenter asserted that the using Form 269A, grantees would be direct funding under SAPT. By law, CSBG Act is administered exclusively submitting the information on a familiar Indian tribes may not apply for direct by subgrantees, and the proposed form and in a familiar format. section does not make it clear what At least 90% of the CSBG funds are funding under MCH, CMHS, or SSBG. requirements would be placed on administered by subgrantees. It Section 96.41(a) provides that the subgrantees to report to a State in order continues to be the policy of the Department will award block grant for the State to be able to file the Department to defer to the State for the funds directly to an eligible Indian tribe information the new section will type and frequency of reporting or tribal organization upon receipt of a require. The commenter stated the hope requirements a State mandates of complete application for funds that that any requirements placed on subgrantees, so long as the reporting meets the statutory requirements. The subgrantees to provide information to requirements are reasonable and preamble to the original block grant the State would conform to the system provide the necessary information the final rule dated July 6, 1982 (47 FR HHS now imposes on its direct grantees State needs to comply with Federal 29480) states the Department’s policy on to file various financial reports. regulations. direct funding of Indian tribes as Response: Currently, the Department The Amendments enacted in 1998 follows: ‘‘By regulation, the Secretary does not require obligation or (section 678D of Pub. L. 105–285) has determined that members of Indian expenditure reports for the block grants mandate that for CSBG grantees, ‘‘a tribes and tribal organizations would be (although some grantees submit them State shall ensure that cost and better served by direct Federal funding voluntarily.) This has caused problems accounting standards of the Office of than by funding through the States in in the past because there is no clear-cut Management and Budget (OMB) apply every instance that the Indian tribe or information as to when a grantee has to a recipient of funds under this tribal organization requests direct completely used its grant funds, thus subtitle.’’ These standards are reflected funding.’’ allowing the Department to close the in OMB Circulars A–110 and A–122. This language reflects our view that, grant account. Public Law 101–510 Therefore, § 96.30 is adopted, with as a general rule, tribal rather than State (signed into law on November 5, 1990) several changes from the version priorities and program administration amended 31 U.S.C. Chapter 15 to proposed in the NPRM, in order to make will result in better service to tribal provide that, by the end of the fifth the requirement more consistent with members. The final rule published in fiscal year after the fiscal year in which other programs and thus reduce the July 1982 established the primacy of the the Federal government obligated the burden on grantees. Rather than have a Indian tribe in determining the services funds, the account will be canceled. If letter of inquiry sent to grantees at the to be provided and how best to provide valid charges to a canceled account are end of the applicable statutory grant them. It avoided the need for a presented after cancellation, they may period, the final rule establishes a Departmental assessment of the relative be honored only by charging them to a requirement that grantees submit, efficiency and effectiveness of current appropriation account, not to within 90 days of the end of the grant alternative services systems, lodged exceed an amount equal to 1 percent of period, OMB Standard Form 269A, primary responsibility with the tribe for the total appropriations of that account. Financial Status Report (short form). administering the programs, and Because of our need to determine the This will allow grantees to submit the established the tribe’s accountability for status of grant accounts, we have required information without a need to providing appropriate services to its determined that it is appropriate to wait for a request from the Department, service population. require an annual report on obligations using a form with which they are The NPRM dated July 17, 1992 (57 FR and/or expenditures from all grantees familiar because it is used for most other 31682) proposed to add a paragraph (c) under the block grant programs. We do Departmental grant programs. In to the existing rule to clarify that under not believe this requirement would be a addition, we have made modifications limited circumstances, the Secretary significant burden on block grant to change the term ‘‘recipient’’ to may use his or her discretionary recipients, as they are already required ‘‘grantee’’. These are technical changes authority to determine that the members

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.068 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55849 of a particular Indian tribe eligible for fiscal years until the Secretary accordance with the law, to assure block grant funds would be better determines that the tribe has corrected accountability for public funds. served by the State in which the tribe is the problems which resulted in the The NPRM dated July 17, 1992 (57 FR located. The proposed amendment withholding. Where funds have been 31682) also proposed to amend included in the NPRM would clarify the withheld and the tribe has not taken paragraph (a) to clarify that paragraph block grant regulations and apply only satisfactory corrective action by the first (c) constitutes a limited exception to the to the circumstances specified in day of the following fiscal year, all of principle of direct funding of Indian paragraph (c): the funds to serve the tribe’s service tribes and tribal organizations. The (1) The Department has determined population for the following fiscal year proposed rule would apply when funds that the tribe has not used its block would be awarded to the State. The are withheld from a tribal organization, grant funds substantially in accordance State would then be responsible for as well as from a tribe. (A tribe that was with the block grant statute; and serving the tribe’s service population. to be served by a separate tribal (2) The Department has withheld If the tribe takes satisfactory organization from which funds are block grant funds from the tribe based corrective action during the following withheld may rescind its resolution on that determination and in accordance fiscal year, the tribe may receive direct authorizing that role for the tribal with procedures established by the funding for that fiscal year with the organization and, consistent with block grant regulations; and concurrence of the State. This is statutory and regulatory requirements (3) The tribe has not provided consistent with 45 CFR 96.42(e), which including § 96.42(e), may request direct sufficient evidence that it has taken provides for acceptance of a tribal funding for itself—on its own—or action to correct the problems leading to application submitted after September 1 through another tribal organization. the withholding of funds. only with the concurrence of the State(s) Because the tribal organization would The Secretary’s determination to in which the tribe is located. For be the grantee from which funds are award funds to the State rather than withheld, a tribe separate from the tribal directly to the tribe would be limited to example, if the State had provided LIHEAP services for a fiscal year to the organization would be eligible for its the situation described above. If a tribe own funding). is located in more than one State, funds tribe’s service population before the tribe took corrective action, the State We anticipate there would be very that had been set aside for a direct grant few instances in which the exception to would be unlikely to concur in the to the tribe would be awarded to these the Department’s policy on direct tribal acceptance of an application from the States in the same proportion as they funding would apply. Over the past 15 tribe for that fiscal year. were offset from the States’ allotments or 16 years of HHS administration of the The July 17, 1992 NPRM (57 FR for direct award to the tribe. When the block grants with direct tribal funding— Department withholds block grant funds 31682) was intended to clarify the with over 100 tribes and tribal from a tribe, the Department would responsibility for serving these tribal organizations receiving direct funding make the determination to award funds households and assure that services each year—there has been only one to the State only after allowing as much would be provided in a timely manner. instance in which the Department has time as it determines to be reasonable The NPRM was intended to provide withheld block grant funds from a tribe. for the tribe to correct the conditions clear, published notice so that all parties The NPRM was consistent with the that led to withholding, consistent with concerned—including the tribe or tribal actions previously taken by the provision of timely and meaningful organization, the tribe’s service Department. services to the tribe’s service population population and the State—would Comments: Two comments were during the fiscal year. For example, if understand the actions that the received in response to § 96.41 of the LIHEAP funds were withheld from a Department would take and understand NPRM. One commenter (a tribe) stated tribe effective October 1, the first day of the State’s responsibility to serve the that the proposed rule would impact the Federal fiscal year, but funds were tribal service population while funds tribal self-determination and begin to not yet available to the Department for are withheld from the tribe or tribal close the existing policy that in most distribution to grantees, the Department organization. Federal programs, tribes are treated as probably would allow additional time The preamble to the original block equals with the States. for the tribe to correct these conditions. grant final rule affirms the Department’s Response: We believe that the rule However, if LIHEAP funds were commitment to continue the would reaffirm HHS policy to directly withheld later in the fiscal year, for government-to-government relationship fund tribes whenever it is authorized by example, effective as late as December 1, between the United States and Indian a block grant statute, so long as the during the winter heating season, and tribes and affirms the policy of self- tribes submit the applications required funds were then available to the determination for tribes. The by the statute and administer the block Department for distribution to grantees, Department continues to be committed grant funds substantially in accordance the Department probably would make to these policies; it is neither the intent with the statute. The Department’s the determination to award funds to the nor the effect of the clarification in this intent of the new language is to provide State at the same time that it took the final rule to change them. a means of continuing services to tribal official withholding action, in order to The Department will withhold block populations if tribal management of ensure that tribal members received grant funds from a grantee only after block grant funds is found to be needed services during the winter determining, in accordance with the due substantially out of compliance with months. process procedures specified in the statutory requirements to which the To assure that well-planned, block grant statutes and regulations, that tribe agreed when it applied for and uninterrupted, and timely services are the grantee is not using its block grant accepted Federal funds, and the tribe provided to the service population of a funds substantially in accordance with does not take corrective action during tribe from which funds are withheld, statutory requirements to which the the period of a grant. In essence, we are the proposed amendment provided that grantee has agreed. In such a case, the seeking a way to continue services the State would receive all remaining grantee has violated its agreement to uninterrupted when we have no viable funds reserved for the tribe for that abide by the terms and conditions of the tribal alternative available. This has fiscal year and all funds for subsequent grant, and the Department must act, in happened only once in the history of the

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.070 pfrm02 PsN: 15OCR1 55850 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations block grants, and we do not anticipate included in the service population of a Section 96.49 Due Date for Receipt of that this procedure would be used in the tribe receiving funds under the low- All Information Required for future until all reasonable efforts at income home energy assistance Completion of Tribal Applications for assisting a tribe or tribal organization to program.’’ the Low-Income Home Energy come into compliance would be The proposed amendment in the July Assistance Block Grants exhausted. Section 96.49 was proposed to be Comment: The second commenter (a 17, 1992 NPRM clarified that tribes added to the block grant regulations by State) objected to having the State be the receiving direct block grant funding are the NPRM issued by the Department on alternative for providing services when not required to use those funds to July 17, 1992 (57 FR 31685). It proposed funds are withheld from a tribe located provide tangible benefits to non-Indians to establish completion dates for tribal within that State; the commenter residing within the tribe’s service area, applications for CSBG and for LIHEAP. mistakenly believed that the State unless a written tribe-State agreement so would not have access to the withheld provides. In the case of tangible benefits Because significant changes to the CSBG funds. The commenter proposed that such as those provided under the statute have been enacted since the HHS assume the responsibility to serve LIHEAP block grant, where the service publication of the NPRM, we are dropping the provision establishing such a tribe. unit is the household, the clarification completion dates for tribal applications Response: HHS has neither the would apply to non-Indian households. authority nor the capacity to provide for CSBG. The justification for this policy is direct block grant services; the State LIHEAP: Section 96.49 of the NPRM does. Also, the proposed rule and its clear. The LIHEAP statute authorizes the dated July 17, 1992 proposed that once preamble specified that the State would direct funding of Indian tribes for the the LIHEAP tribal applications are receive any funds withheld from a tribe, provision of benefits to Indian received by the Department, additional if the tribe did not correct the problems households. The statute specifies that a information needed to complete the that led to withholding within a tribe with a reservation is eligible to applications must be received no later reasonable period, so that the State receive LIHEAP funds based on the than January 31 for a given fiscal year. could then serve the tribe’s service number of Indian households eligible The July 17, 1992 proposed rule also population until the tribe corrected for the program and residing on the indicated that after January 31, funds these problems. The State would serve tribe’s reservation or adjacent trust land, would revert to the State(s) in which the this tribe’s service population as it as a proportion of the eligible tribe is located. This provision was also serves its other residents, including the households in the State, or a larger included in the November 16, 1993 service populations of tribes within the amount based on an agreement between NPRM (58 FR 60498) in an amended State that do not apply for direct Federal the tribe and its State. The tribe’s version. The later NPRM included a due funding. There is no requirement that allotment is to be offset from the date for completion of tribal applications of October 1, once forward the State provide more specialized allotment of the State. Unless a tribe- funding went into effect. treatment or accessibility to members of State agreement provides otherwise, the this tribe than it does to its other Comments: In response to this part of tribe’s LIHEAP allotment is not based on § 96.49 of the July 17, 1992 NPRM, three residents. the total eligible population of its Therefore, the rule is adopted as comments were received. A commenter reservation and nearby trust land. The from a northern State indicated that the proposed, with a technical modification tribe does not receive LIHEAP funds to to change the term ‘‘Secretary’’ to deadline should provide States with serve non-Indian households residing in ‘‘Department’’. sufficient notice in case they need to these areas. This is the responsibility of provide LIHEAP assistance to the Section 96.42 General Procedures and the State. Similarly, the statute provides service population of a tribe that has not Requirements that a tribe without a reservation is to completed its application for a direct Paragraph (f) of subpart D, § 96.42 of receive LIHEAP funds based on the grant. Additionally, the commenter the block grant regulations, provides number of Indian households eligible stated that the State’s extremely cold that a State receiving block grant funds for the program in its service population weather necessitates that winter heating is not required to use those funds to area, as determined by the Secretary in assistance begin by November 1. Thus, provide tangible benefits (e.g., cash or consultation with the tribe and its State. it felt that the January 31 deadline was goods) to American Indians who are Thus, unless a tribe-State agreement too late, and suggested October 15 within the service population of an provides otherwise, tribes receive instead. One commenter indicated that the Indian tribe or tribal organization that LIHEAP funds based only on the requirement that tribal applications be received direct funding from the number of eligible Indian households in Department under the same block grant completed by January 31 or the State their service areas. program for the same fiscal year. A becomes responsible to serve the tribe State, however, may not deny tribal This amendment, therefore, would would result in funds being allocated to members access to intangible services clarify that States have the the State after February. The commenter funded by block grant programs (e.g., responsibility to serve the non-Indian was concerned that, in addition to the treatment at a community health center) households residing in the service area financial impact on the State, the State even if they are members of an of a direct grant tribe, unless the tribe would not have sufficient lead time to organization receiving direct funding for and the State agree that the tribe will do plan, staff and implement its program to a similar service. so. serve the tribe. Another commenter indicated that the The original preamble to the No comments were received in regulations (July 6, 1982, 47 FR 29482) current regulatory due date of response to § 96.42 (f) as proposed in provides the following clarification of September 1 for submission of a tribal the NPRM. Therefore, the rule is this provision: application for both CSBG and LIHEAP ‘‘Thus, for example, States are not adopted as proposed. is satisfactory. The commenter was required to provide cash payments or uncertain whether the due date for weatherization assistance to Indians completion of the tribal applications is

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.071 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55851 necessary. The commenter also Subpart E—Enforcement the proposed language is needed to expressed the need to receive LIHEAP Section 96.53 Length of Withholding clarify for grantees authority which is funding as early in the fiscal year as implicit in the LIHEAP and CSBG possible. Six of the seven block grant statutes statutes. Therefore, the language provide for withholding of funds from No comments were received in proposed for § 96.53 is included in this grantees under certain circumstances. final rule. response to the LIHEAP completion date (SSBG has no provision for withholding proposed in § 96.49 of the November 16, of funds.) Subpart H—Low-Income Home Energy 1993 NPRM related to forward funding. The statutes for PHHS, CMHS, and Assistance Program (LIHEAP) As mentioned earlier, the proposed SAPT provide that the Secretary shall, Section 96.81 Carryover and dates related to forward funding are after adequate notice and an Reallotment being deleted because forward funding opportunity for a hearing conducted will not be implemented. However, that within the affected State, withhold Section 2607(b)(2) of the LIHEAP NPRM proposed a completion date five funds from any State which does not statute provides that grantees may hold months after the submission date. use its allotment in accordance with the available (carry forward or carry over) for use or obligation in the following Response: The Department concludes, requirements of the statute or the certification provided under the statute. fiscal year up to 10 percent of the upon further review, that such a lengthy amount payable to them in a fiscal year period for completion of the The Secretary shall withhold such funds until the Secretary finds that the reason and not transferred to another HHS applications should not be needed. block grant. Section 2607(b)(l) provides Because most LIHEAP funds are spent for the withholding has been removed and there is reasonable assurance that it for reallotment among all grantees in the for winter heating assistance, it would following fiscal year of any amounts be preferable that States know by early will not recur. The statute for MCH provides that the unused (unobligated) as of the end of a winter at the latest whether they will be Secretary may, after notice and fiscal year that exceed the amount that required to serve a tribe’s service opportunity for a hearing, withhold may be held available for use in the population. It should be mentioned that payment of funds to any State which is following fiscal year. Section 2604(f)(2) most tribes submit all the information not using its allotment under this title of the LIHEAP statute, as amended by necessary to complete their applications in accordance with this title. The Public Law 101–501, provides that, in a timely manner. However, in a few Secretary may withhold such funds beginning in FY 1994, grantees may no cases, tribes take many months to until the Secretary finds that the reason longer transfer LIHEAP funds to other complete their applications, or never for the withholding has been removed HHS block grants. complete their applications, despite and there is reasonable assurance that it repeated communication from HHS —Required Carryover and Reallotment will not recur. Report about missing items. The LIHEAP and CSBG statutes Under this final rule, the due date for provide that the Secretary shall, after As part of the reallotment procedure receipt of all information necessary to adequate notice and an opportunity for established by section 2607(b), LIHEAP complete LIHEAP tribal applications is a hearing conducted within the affected grantees must report information December 15 unless the State(s) in State, withhold funds from any State annually on funds they plan to hold which the tribe is located agrees to a which does not utilize its allotment available for obligation in the following later completion date. This is the same substantially in accordance with the fiscal year and on excess unobligated date set for completion of applications provisions of this statute and the funds available for reallotment among from States and territories. We believe it assurances such State provided under all grantees in the following fiscal year. balances the need to give tribes a the statute. Section 96.81 of the block grant regulations lists the requirements for reasonable amount of time to provide all Section 96.53 was proposed in the these reports. necessary information to complete their NPRM issued by the Department on July The January 16, 1992 (57 FR 1960) applications with the need of the States 17, 1992 (57 FR 31685). It clarifies that interim final rule amended § 96.81 to to know as early as possible whether under LIHEAP and CSBG, the Secretary reflect the change made by Public Law they will be responsible for serving may withhold funds until the Secretary 101–501 reducing the maximum amount tribal members. We have also made finds that the reason for withholding of LIHEAP funds that grantees may explicit that when funds revert to the has been removed, as is the case with carry forward for obligation in the State because a tribe’s application is not the other block grants which provide for succeeding fiscal year, from 15 percent completed by the deadline, the State is the withholding of funds. It proposed to 10 percent of the funds payable to the responsible for serving that tribe’s making explicit authority which is grantee and not transferred, pursuant to members. implicit in the LIHEAP and CSBG statutes. The proposed new language is section 2604(f) of the LIHEAP statute (as Effective Date: Given the timing of similar to that of the other four statutes in effect prior to 1998), to another HHS publication of this final rule, there will which provide for withholding of funds. block grant. The change was effective not be time for tribal grantees to meet Comment: In response to § 96.53 in beginning with FY 1991 funds carried the new schedule for completion of FY the NPRM dated July 17, 1992, one over to FY 1992. The amended § 96.81 2000 applications for LIHEAP. comment was received. The commenter required that, as part of their annual Accordingly, § 96.49 of this rule, which indicated agreement with the proposed carryover and reallotment reports, applies to LIHEAP applications, will language, both because it is very similar grantees indicate the amount of LIHEAP become effective on March 1, 2000 and to language in several other block grant funds they want to hold available for will apply beginning with FY 2001 statutes and because it provides a time obligation in the next fiscal year, ‘‘not plans. For example, for FY 2001, frame for when the funds would be to exceed 10 percent of the funds LIHEAP tribal applications must be released once they have been withheld. payable to the grantee and not submitted by September 1, 2000 and Response: The Department concludes transferred * * *’’ must be completed by December 15, that for the sake of thoroughness and The November 16, 1993 (58 FR 60498) 2000. consistency with the other block grants, NPRM proposed to specify in § 96.81

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.073 pfrm02 PsN: 15OCR1 55852 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations that, beginning with funds appropriated The NPRM’s preamble proposed that grantees concerning the households for FY 1994, grantees would not be able if a tribe’s share of reallotted funds applying for assistance, as well as those to transfer any LIHEAP funds to another would be less than $25, the tribe’s share households receiving assistance under block grant, consistent with changes to would be awarded to the State(s) in the LIHEAP program. Pub. L. 103–252 the LIHEAP statute made by Public Law which the tribe is located. If a territory’s also required that the data for the prior 101–501. We received no comments on share of reallotted funds would be less year must be submitted as part of the this proposed amendment. than $25, the territory’s share would be application for grant funds. Because the transfer authority has distributed proportionately among the Accordingly, grant awards for the now expired, this final rule deletes other territorial grantees receiving current fiscal year may not be made reference to it in the list of requirements shares of $25 or more. until the data for the prior year is for grantees’ future carryover and We received one comment supporting received. reallotment reports in § 96.81. It codifies this proposed amendment and none The Office of Management and Budget the requirements for these reports at opposing it. has approved the collection of the new § 96.81(b). We are adopting this change at section data requirements (LIHEAP Household Title III of the Human Services 96.81(c), as proposed in the July 17, Report—OMB Control No. 0970–0060, Amendments of 1994, Public Law 103– 1992 NPRM. If a tribe, tribal expiration date 6/30/2000), beginning 252, reauthorized LIHEAP and provided organization, or territory’s share of with data for FY 1998, which must be that the Department may not release reallotted funds would be less than $25, submitted as part of the application for block grant funds to a grantee until its HHS will follow the procedures for such FY 1999 LIHEAP funds. As required by carryover and reallotment report, which circumstances that are described above. the statute and approved by OMB, the data that must be reported for each type is due by August 1 of each year, has —Technical Amendments of LIHEAP assistance provided by the been submitted for the previous year. We also are clarifying that § 96.81 This requirement was effective grantee is (1) the number and income applies to regular LIHEAP block grant levels of those households applying for beginning with fiscal year 1995 and has funds and not to LIHEAP leveraging been added to this section. assistance and of those households incentive funds. (Section 96.87(k) of the receiving assistance; and (2) for those —Conditions for Reallotment regulations as established by the final households receiving assistance, the rule of May 1, 1995, sets the period of In addition, we are making final a number of households that contain one obligation for leveraging incentive change relating to reallotment of or more members who are elderly, funds. Leveraging incentive funds are LIHEAP funds that we proposed in the disabled, or a young child. In addition, not subject to reallotment; all leveraging OMB approved the collection of data on July 17, 1992 (57 FR 31682) NPRM. incentive funds not obligated during the a voluntary basis on the breakout of The preamble to the NPRM noted that appropriate period allowed for young children into two age categories, when grantees have had excess obligation must be returned to the as recommended in the legislative unobligated funds available for Federal government.) history for the law. As part of the OMB reallotment, these amounts have usually Finally, in minor technical clearance, insular areas that receive been small. For example, in FY 1987, a amendments, we are dividing § 96.81 regular LIHEAP block grant allocations total of $16,706 in unobligated FY 1986 into paragraphs ‘‘(a) Scope’’, ‘‘(b) of less than $200,000 annually and LIHEAP funds were available for Required carryover and reallotment Indian tribes and tribal organizations reallotment; in FY 1988, $2,858 in report’’, and ‘‘(c) Conditions for that receive direct funding from HHS unobligated FY 1987 funds were reallotment’’, as proposed in the July need to submit only data on the number available for reallotment; and in FY 1992 NPRM. Also, we are changing the of households assisted for each type of 1994, a total of $23,591 in unobligated heading of the section from LIHEAP assistance provided by the FY 1993 funds were available for ‘‘Reallotment report’’ to ‘‘Carryover and grantee. The OMB approval included a reallotment. If HHS had reallotted these reallotment’’, and making several other recommended format that grantees may funds, many grantees would have minor technical changes, to accurately (but are not required) to use to report received grant awards of less than $1, reflect the contents of the LIHEAP the data. and many others would have received statute and this section. Consistent with the amendments to awards of less than $25. We therefore the LIHEAP statute, the OMB determined that it would not be cost Section 96.82 Required Report on information collection approval effective for HHS to award these small Households Assisted provides that a grant award will not be amounts to grantees, or for grantees to The title of § 96.82 was proposed to be made until the LIHEAP Household account for and use them. HHS then revised in the November 16, 1993 Report for the previous fiscal year is published notices in the Federal NPRM (58 FR 60498) from ‘‘Required received. Register announcing its decision that no report’’ to ‘‘Required report on We are adopting this section of the LIHEAP funds from FY 1986, FY 1987, households assisted’’ to reflect the regulation, with several changes to or FY 1993 would be reallotted. contents of the report. In addition, the reflect the change in statutory Because similar situations are likely NPRM included provisions related to requirements and the OMB information to occur in the future, the NPRM the implementation of forward funding, collection approval. We have revised proposed to amend § 96.81 of the block and proposed changing the term this section to require grantees to submit grant regulations to state that HHS will ‘‘handicapped’’ to ‘‘disabled’’. No a report on data required by the LIHEAP not reallot LIHEAP funds if less than comments were received in response to statute, as approved by OMB for $25,000 is available. If $25,000 or more this section of the NPRM. information collection under the is available, HHS would reallot these Subsequently, however, the Human Paperwork Reduction Act of 1995. funds. However, HHS would not award Services Amendments of 1994 (Pub. L. Rather than specify the information less than $25 in reallotted funds to a 103–252) amended section 2605(c)(1)(G) required, we have referenced the grantee. If $25,000 were available for of the LIHEAP statute to provide that, information required by the statute, so reallotment, all States would receive at beginning with fiscal year 1995, that the regulations will not need to be least $25. additional data must be reported by changed if this part of the statute is

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.075 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55853 amended again. We have also included maximum amount that could have been Regulatory Procedures the reduced amount of information transferred in FY 1993. Paperwork Reduction Act of 1995 required from insular areas with annual The authority for territories to block allotments of less than $200,000 consolidate funding for several Sections 96.10, 96.49, 96.81, and and from tribal grantees under the OMB programs under one or more HHS 96.82 contain information collections. approval. The proposed date changes programs is not considered a transfer As required by the Paperwork which were related to forward funding and thus did not terminate in FY 1994. Reduction Act of 1995 (44 U.S.C. 3507 are being deleted since forward funding Likewise, LIHEAP funds earmarked by (d)), the Department submitted a copy of will not be implemented. A technical grantees for use for LIHEAP these sections to the Office of change is being made to change the weatherization assistance or other Management and Budget (OMB) for its word ‘‘handicapped’’ to the word energy-related home repair, even if review. The following data collection ‘‘disabled’’ in this section. The title of administered by another grantee agency, forms have been approved by OMB: the section is being changed to are not considered to be transferred, and Section 96.10(a) (Maternal and Child ‘‘Required LIHEAP household report’’, this authority did not terminate in FY Health Services Block Grant guidance to more accurately reflect its content 1994. and Forms for the Title V Application/ under the current statutory No comments were received in Annual Report, OMB clearance number requirements. response to § 96.84 of the NPRM. 0915–0172, expiration date 11/99); Because the provisions in § 96.82 that Therefore, the rule is adopted as Section 96.10(c) (LIHEAP Model Plan, are included in this notice were not proposed. OMB Clearance Number 0970–0075, expiration date 12/31/2001); previously included in a notice of Section 96.85 Income Eligibility proposed rulemaking, we are issuing Sections 96.49, LIHEAP Model Plan, this part of the regulation as an interim The statute sets maximum and OMB Clearance Number 0970–0075, final rule, with an opportunity for minimum income eligibility standards expiration date 12/31/2001); comment. This means that this portion for participation in the LIHEAP program Section 96.81 (LIHEAP Carryover and of the regulation is effective November that are tied to poverty income Reallotment Report, OMB Clearance 15, 1999, after publication of this notice guidelines and to State median income Number 0970–0106, expiration date 09/ in the Federal Register, but that we are estimates as determined by the Bureau 30/2001). interested in receiving comments on the of Census. The date for adoption of the Section 96.82 (LIHEAP Report on interim final provisions. We will review current poverty income guidelines is Applicant and Recipient Households any comments which we receive by any time between the date of their (OMB Control Number 0970–0060, December 14, 1999. We will revise the publication in the Federal Register and expiration date 6/30/2000). rule, as appropriate, based on the the beginning of the next fiscal year. Title: Maternal and Child Health comments we receive and on our The date for adoption of the State Services Block Grant guidance and experience in implementing the median income estimates has been the Forms for the Title V Application/ provisions. first day of the fiscal year after their Annual Report (OMB clearance number publication, but that date had not been 0915–0172, expiration date 11/99). Section 96.84 Miscellaneous reflected in the block grant regulations. Summary: The rule modifies End of Transfer Authority. At the time The NPRM dated November 16, 1993 § 96.10(a) to allow the Department to of publication of the NPRM dated (58 FR 60498) proposed that the block specify the form of a block application November 16, 1993 (58 FR 60498), grant regulations be amended to when this is required or clearly grantees were no longer allowed to incorporate an adoption date for the contemplated by the authorizing statute. transfer up to 10 per cent of LIHEAP State median income estimates that is It also states that the MCH application funds payable in a fiscal year to other consistent with the adoption date for the shall be in the format specified by the HHS block grant programs. The 1990 poverty income guidelines and to Secretary, as required by the MCH amendments to the statute provided amend that adoption date to reflect the authorizing law. Previously, the rule that, beginning in fiscal year 1994, no shift to forward funding, although the stated that no particular form was LIHEAP funds payable to a grantee may law subsequently deleted the concept of required. This information will be used be transferred to other block grant forward funding. The poverty income to obtain descriptions of grantee programs. Accordingly, the NPRM guidelines and the State median income programs and to make grant awards. proposed to amend the block grant estimates are published annually in the Respondents: State and territorial regulations to specify that after Federal Register, generally in the month grantees under the MCH block grant. September 30, 1993, grantees no longer of February or March. Therefore, with The number of likely respondents is 59. may transfer any of their LIHEAP funds the amendment of this section, grantees Burden information: The MCH to the block grant programs specified in could adopt the annual poverty income application and annual report are section 2604(f) of the statute. guidelines and the annual State median required annually of each grantee. The The FY 1993 HHS appropriations law income estimates at any time between application, annual report, and (Pub. L. 102–394) provided advance the date of publication in the Federal guidance are currently undergoing funding for LIHEAP for the first nine Register and the first day of the next revision and renewal of the OMB months of FY 1994, and allowed fiscal year, October 1, or the beginning clearance. The public reporting burden $141,950,240 of those funds to be used of the State fiscal year, whichever is for the revised application and annual by grantees to reimburse themselves for later. Grantees could also choose to report is estimated to be approximately expenses incurred in FY 1993. Because implement the changes during the 495 hours for each State grantee and 200 they were appropriated as advance period between the heating and cooling hours for the District of Columbia and funding for FY 1994, any such funds seasons. territories, for 4 out of every 5 years, for used by grantees to reimburse No comments were received in a total burden of 26,550 hours. In the themselves for FY 1993 expenses could response to § 96.85 of the NPRM. 5th year, a needs assessment is also not be considered funds payable to Therefore, the rule is adopted as required. In that year, the estimated grantees in FY 1993 and thus could not proposed, except for deleting references burden is 675 hours for each State have been used to calculate the to dates under forward funding. grantee and 360 hours for the District of

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.076 pfrm02 PsN: 15OCR1 55854 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

Columbia and territories, for a total submit a detailed plan (required of each Respondents: State, territorial, and burden of 36,990 hours. The average grantee every three years) and 20 tribal grantees under the LIHEAP block annual burden over the next three years minutes for each of the 120 grantees that grant. is 30,030 hours. This includes time for submit an abbreviated form, for an Burden information: The LIHEAP reviewing instructions, searching estimated total annual reporting and carryover and reallotment report is existing data sources, gathering and recordkeeping burden of 103 hours. required annually of each grantee. We maintaining the data needed, and This includes time for reviewing estimate the number of likely completing and reviewing the collection instructions, searching existing data respondents to be 177. The public of information. The changes in this final sources, gathering and maintaining the reporting burden is estimated to be 3 rule are consistent with the notice of the data needed, and completing and hours for each of the 177 grantees, for request for OMB renewal of the reviewing the collection of information. an estimated total annual reporting and information collection for the MCH Title: LIHEAP Model Plan (OMB recordkeeping burden of 531 hours. application and annual report, Clearance Number 0970–0075, This includes time for reviewing published at 62 FR 17198. Furthermore, expiration date 12/31/2001). instructions, searching existing data in the support of its commitment to new Summary: Section 96.49 establishes sources, gathering and maintaining the Federalism, the Department has made application completion deadlines for data needed, and completing and every effort to develop its application annual applications for LIHEAP funds reviewing the collection of information. requirements and forms in close from Indian tribes and tribal Title: LIHEAP Report on Applicant cooperation with the States, and where organizations. The current rule and Recipient Households (OMB possible the communities. With respect establishes an application submission Control Number 0970–0060, expiration to the MCH application and annual deadline for tribal grantees. This change date 6/30/2000). Summary: Section 96.82 amends report, the Maternal and Child Health will allow the Department to advise requirements for a required report on Bureau developed new guidance and an States early in the heating season LIHEAP households applying for and automated reporting system based on whether they will be responsible for receiving assistance in the prior fiscal the emerging concept of ‘‘Performance serving members of a tribe’s service year, in order to make them consistent Partnerships.’’ Not only did the Bureau population, or whether the tribe will do meet regularly with a Block Grant with statutory provisions enacted in so. Other than establishing a completion 1994 (Pub. L. 103–252). The collection Guidance Work Group made up largely date, this final rule does not affect the of State and local MCH representatives, of the statutorily required data has been information collection. approved by OMB. Other than making but the Bureau field tested the guidance Respondents: State, territorial, and and information system with 9 states the regulatory language consistent with tribal grantees under the LIHEAP block the statute and the OMB approval, this and held a number of sessions at three grant. separate national meetings with final rule does not affect the information Burden information: The LIHEAP representatives of all State MCH and collection. application is required annually of each Children with Special Health Care Respondents: State, territorial, and grantee. We estimate the number of Needs Directors, as well as many local tribal grantees under the LIHEAP block likely respondents to be 180. The public directors. The initial national sessions grant. reporting burden is estimated to be 1 focused on discussing and reviewing the Burden information: The report on hour for each of the 60 grantees that proposed guidance and performance households applying for and receiving submit a detailed plan (required of each partnership measures. Later sessions LIHEAP assistance the previous fiscal grantee every three years) and 20 included hands on training in using the year must be submitted as part of a minutes for each of the 120 grantees that guidance that was provided by the grantee’s LIHEAP application each fiscal Bureau and the nine test States. submit an abbreviated form, for an year. We estimate the number of likely Title: LIHEAP Model Plan (OMB estimated total annual reporting and respondents to be 183. The public Clearance Number 0970–0075, recordkeeping burden of 103 hours. reporting burden is estimated to be 38 expiration date 12/31/2001). This includes time for reviewing hours for each of the 52 grantees that Summary: Section 96.10(c) establishes instructions, searching existing data must submit all required data (all States, application submission and completion sources, gathering and maintaining the the District of Columbia, and Puerto deadlines for annual applications for data needed, and completing and Rico). The reporting burden is estimated LIHEAP funds from States and reviewing the collection of information. to be 1 hour for each of the 131 grantees territories. This will allow the Title: LIHEAP Carryover and that submit information only on the Department to issue grant awards as Reallotment Report (OMB Clearance number of households assisted under close as possible to the beginning of a Number 0970–0106, expiration date 09/ each type of assistance offered by the grant period and thus meet its 30/2001). grantee (applicable to Indian tribes and obligations under the Cash Management Summary: Section 96.81 amends tribal organizations, and to those insular improvement Act to minimize interest requirements relating to a required areas with annual allotments of less charges associated with that Act. Other report on the amount of funds grantees than $200,000). The estimated total than establishing due dates, this final wish to carry forward from the year in annual reporting and recordkeeping rule does not affect the information which they are appropriated to the burden is 2,107 hours. This includes collection. following fiscal year (limited to 10% of time for reviewing instructions, Respondents: State, territorial, and funds payable to the grantee). The searching existing data sources, tribal grantees under the LIHEAP block changes reflect amendments to the gathering and maintaining the data grant. LIHEAP statute. The data are used to needed, and completing and reviewing Burden information: The LIHEAP determine whether excess carryover the collection of information. application is required annually of each funds will be available for reallotment Section 96.30 also contains grantee. We estimate the number of to other grantees. Other than making the information collection requirements. As likely respondents to be 180. The public regulations consistent with statutory required by the Paperwork Reduction reporting burden is estimated to be 1 requirements, the changes do not affect Act of 1995 (44 U.S.C. 3507(d), the hour for each of the 60 grantees that the information collection. Department will submit a copy of this

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.078 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55855 section to the Office of Management and • Minimizing the burden of the public comments to accommodate the Budget (OMB) for its review. collection of information on those who varying State cycles and believe setting Title: Financial Status Report, OMB are to respond, including through the these dates will have a positive impact Standard Form 269A. use of appropriate automated, in allowing the Department to issue Summary: Section 96.30 of this final electronic, mechanical, or other awards to States in a timely manner. We rule establishes a new requirement that technology, e.g., permitting electronic also believe that our clarification of grantees under block grants covered by submission of responses. administrative processes for waiver these regulations submit, within 90 days To ensure that public comments have requests, direct funding and related of the end of the grant period, OMB maximum effect in developing the final items provides only the minimum Standard Form 269A, Financial Status regulations, the Department urges that requirements and guidance needed and Report (short form), reporting the each comment clearly identify the therefore will not impose a burden, obligation and/or expenditure of block specific section or sections of the especially since it is expected that these grant funds. Currently, the Department regulations that the comment addresses procedures will be needed only in rare does not require obligation or and that comments be in the same order circumstances. expenditure reports for the block grants as the regulations. The rule additionally codifies a (although some grantees submit them Under the Paperwork Reduction Act number of statutory changes such as voluntarily.) This has caused problems of 1995, we are required to provide 60 program name changes, statutory in the past because there is no clear-cut day notice in the Federal Register and citations and fund transfer authorities. information as to when a grantee has solicit public comment before a There is no burden associated with completely used its grant funds, thus collection of information requirement is these changes. allowing the Department to close the submitted to the Office of Management Finally, the rule clarifies the authority grant account. This information would and budget (OMB) for review and of the Department to specify block grant allow HHS and the grantee to verify the approval. To comment on this reporting requirements where financial status of block grant funds and information collection and record authorized by governing statutes and it allow the Department to determine keeping requirement, please send requires some minimal financial aggregate obligations, expenditures, and comments to the following: Department reporting requirements to allow the available balances. of Health and Human Services, Office of Department to comply with legal Respondents: States, territories, and Planning and Evaluation, Room 447D, requirements for fund management. Indian tribes or tribal organizations that 200 Independence Ave., SW, Authority for establishing the content receive funds under the block grants Washington, DC 20201, Attn: Michael and format of reports required under subject to these regulations. Herrell. block grants continues to be governed Burden Information: These obligation After receipt and full consideration of by the authorizing statutes and the and expenditure reporting requirements comments, the Department will submit clarification provided in this rule does will be required annually for all State, the information collection requirement not set substantive requirements. The territorial, and tribal grantees under to OMB for review and approval. The Department will continue to solicit State each of the block grant programs subject requirement will take effect upon OMB input on the development of the format to these regulations. We estimate the approval. and content of required reports as it has number of likely respondents to be 620, Regulatory Impact Analysis done under the MCH program. based on the following number of With respect to the financial reporting grantees for each block grant: 180 for Executive Order 12866 requires requirement, the Department believes LIHEAP, 130 for CSBG, 57 for SSBG, 75 preparation of a regulatory impact the burden imposed is not significant. for PHHS, 59 for MCH, 59 for CMHS, analysis if the regulation will have an This information is already collected by and 60 for SAPT. The public reporting annual effect on the economy of $100 the States and periodically submitted to burden is estimated to be less than an million or more or adversely affect in a the Department. This rule will provide hour each for a grantee, including time material way the economy, a sector of a set process for submitting the for reviewing instructions, searching the economy, productivity, competition, information in the future, giving States existing data sources, gathering and jobs, the environment, public health or a predictable routine to follow. The SF– maintaining the data needed, and safety, or State, local or tribal 269a is already used by States and is completing and reviewing the collection governments or communities. In this intended to further reduce the report of information, for an estimated total respect, the Department of Health and burden on grantees. We have adopted annual reporting and recordkeeping Human Services believes that this final the short form to acquire only the burden of 620 hours. regulation will not have an impact on minimum information needed for our The Department of Health and Human the economy of $100 million or more or accounting purposes. Services will consider comments by the adversely affect in a material way any of In accordance with the provisions of public on the proposed collection of the sectors listed above, including State, Executive Order 12866, this regulation information under § 96.30 in— local or tribal governments. was reviewed by the Office of • Evaluating whether the proposed Primarily this rule amends the Management and Budget. collections are necessary for the proper regulation governing block grant Federalism performance of the functions of the programs to clarify a number of Department, including whether the administrative processes that include We have examined this rule under information will have practical utility; submission and completion dates for Executive Order 12612 on Federalism • Evaluating the accuracy of the applications, where to submit waiver and do not believe that the rule violates Department’s estimate of the burden of requests, direct funding of Indian tribes the principles or policymaking criteria the proposed collections of information, and other organizations, and procedures set forth by the Order. In several including the validity of the for termination, reduction, suspension instances under the rule, we are methodology and assumptions used; and partial withholding of funding. In establishing standard administrative • Enhancing the quality, usefulness, the case of application submission and procedures for actions such as and clarity of the information to be completion dates, we have provided application submission dates, direct collected; and substantial flexibility in response to funding of Indian tribes and tribal

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.080 pfrm02 PsN: 15OCR1 55856 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations organizations, termination of funds, and Dated: November 10, 1998. Subpart BÐGeneral Procedures financial reporting. In establishing these Donna E. Shalala, procedures, the Department has tried to Secretary, Department of Health and Human 3. Section 96.10 is amended by allow maximum flexibility to States in Services. revising paragraph (a) and adding the way they can meet these paragraphs (c) and (d) to read as follows: requirements. For instance, the Note: This document was received in the Office of the Federal Register on October 8, § 96.10 Prerequisites to obtain block grant Department, in response to public 1999. funds. comment, has revised the regulations to (a) Except where prescribed elsewhere allow the Department to accommodate For the reasons set forth in the in this rule or in authorizing legislation, varying State and Tribal cycles in the preamble, part 96 of title 45 of the Code no particular form is required for a submission of applications. We also of Federal Regulations is amended as State’s application or the related note that a number of States have follows: submission required by the statute. For commented in support of various the maternal and child health block provisions of this rule. We will also PART 96ÐBLOCK GRANTS grant, the application shall be in the continue to consult with States and 1. The authority citation for part 96 form specified by the Secretary, as Tribes in the development and continues to read as follows: modification of any standard reporting provided by section 505(a) of the Social requirements and formats that are Authority: 42 U.S.C. 300w et seq.; 42 Security Act (42 U.S.C. 705(a)). U.S.C. 300x et seq.; 42 U.S.C. 300y et seq.; (b) * * * authorized by the governing program 42 U.S.C. 701 et seq.; 42 U.S.C. 8621 et seq.; statutes. (c) Effective beginning in fiscal year 42 U.S.C. 9901 et seq.; 42 U.S.C. 1397 et seq.; 2001, submission dates for applications Regulatory Flexibility Act 31 U.S.C. 1243 note. under the social service and low-income The Regulatory Flexibility Act (Pub. Subpart AÐIntroduction home energy assistance block grant L. 96–354) requires the Federal programs are: government to anticipate and reduce the 2. Section 96.1 is amended by revising (1) for the social services block grant, impact of regulations and paperwork paragraphs (a), (c), (d), (e), and (f) to States and territories which operate on requirements on small entities. The read as follows: a Federal fiscal year basis, and make requests for funding from the primary impact of this final rule is on § 96.1 Scope. State, tribal and territorial governments. Department, must insure that their (a) Community services (Pub. L. 97– Therefore, the Department of Health and applications (pre-expenditure reports) 35, sections 671–683) (42 U.S.C. 9901– Human Services certifies that these for funding are submitted by September 9912). rules will not have a significant 1 of the preceding fiscal year unless the economic impact on a substantial * * * * * Department agrees to a later date. States number of small entities because they (c) Community mental health services and territories which operate their affect payments to States, tribes and (Public Health Service Act, sections social services block grant on a July 1– territories. Thus, a regulatory flexibility 1911–1920 and sections 1941–1954) (42 June 30 basis, must insure that their analysis is not required. U.S.C. 300x–1–300x–9 and 300x–51– applications are submitted by June 1 of 300x–64). the preceding funding period unless the Catalog of Federal Domestic Assistance (d) Substance abuse prevention and Department agrees to a later date. Program Numbers treatment (Public Health Service Act, (2) for the low-income home energy The Catalog of Federal Domestic sections 1921–1935 and sections 1941– assistance program, States and Assistance Program Numbers for these 1954) (42 U.S.C. 300x–21–300x–35 and territories which make requests for programs are: 93.568 for the Low- 300x–51–300x–64). funding from the Department must Income Home Energy Assistance (e) Maternal and child health services insure that their applications for a fiscal Program (LIHEAP); 93.569 for the (Social Security Act, Title V) (42 U.S.C. year are submitted by September 1 of Community Services Block Grant 701–709). the preceding fiscal year unless the (CSBG); 93.667 for the Social Services (f) Social services, empowerment Department agrees to a later date. Block Grant (SSBG), 93.991 for the zones and enterprise communities (Pub. (d) Effective beginning in fiscal year Preventive Health and Health Services L. 97–35, sections 2351–55; Pub. L. 103– 2001, for the low-income home energy Block Grant (PHHS); 93.958 for the 66, section 1371) (42 U.S.C. 1397– assistance program, States and Community Mental Health Services 1397f). territories which make requests for Block Grant (CMHS); 93.959 for the * * * * * funding from the Department must Substance Abuse Prevention and 3. Section 96.2 is amended by revising insure that all information necessary to Treatment Block Grant (SAPT); and paragraph (d) to read as follows: complete their applications is received 93.994 for the Maternal and Child by December 15 of the fiscal year for Health Services Block Grant (MCH). § 96.2 Definitions. which they are requesting funds unless * * * * * the Department agrees to a later date. List of Subjects in 45 CFR Part 96 (d) State includes the fifty States, the 4. Section 96.15 is revised to read as Child welfare, Community action District of Columbia, and as appropriate follows: program, Energy, Grant programs— with respect to each block grant, the energy, Grant programs—Indians, Grant Commonwealth of Puerto Rico, the U.S. § 96.15 Waivers. programs—social programs, Health, Virgin Islands, Guam, American Samoa, Applications for waivers that are Income assistance, Indians, Individuals the Commonwealth of the Northern permitted by statute for the block grants with disabilities, Low and moderate Mariana Islands, and for purposes of the should be submitted to the Director, income housing, Maternal and child block grants administered by agencies of Centers for Disease Control and health, Mental health programs, Public the Public Health Service, the Federated Prevention in the case of the preventive health, Reporting and record keeping States of Micronesia, the Republic of the health and health services block grant; requirements, Substance Abuse, Marshall Islands, and the Republic of to the Administrator, Substance Abuse Transfers, Weatherization. Palau. and Mental Health Services

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.081 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55857

Administration in the case of the requested information within 90 days of funds set aside for the tribe for the community mental health services block the close of the applicable statutory Federal fiscal year for which the award grant and the substance abuse grant periods. is made. Where the Department has prevention and treatment block grant; to withheld funds from a tribe and the the Director, Maternal and Child Health Subpart DÐDirect Funding of Indian tribe has not taken satisfactory Bureau in the case of the maternal and Tribes and Tribal Organizations corrective action by the first day of the child health services block grant; and to 6. Section 96.41 is amended by following fiscal year, all of the funds to the Director, Office of Community revising paragraph (a) and by adding a serve the tribe’s service population for Services in the case of the community new paragraph (c) to read as follows: the following fiscal year will be services block grant, the low-income awarded to the State(s). The State(s) is home energy assistance program and the § 96.41 General determination. responsible for providing services to the social services block grant. Beginning (a) The Department has determined service population of the tribe in these with fiscal year 1986, the Secretary’s that, with the exception of the cases. This paragraph also applies when authority to waive the provisions of circumstances addressed in paragraph funds are withheld from a tribal section 2605(b) of Public Law 97–35 (42 (c) of this section, Indian tribes and organization. U.S.C. 8624(b)) under the low-income tribal organizations would be better 7. Section 96.42 is amended by home energy assistance program is served by means of grants provided adding a new sentence to the end of repealed. directly by the Department to such paragraph (f) to read as follows: tribes and organizations out of their Subpart CÐFinancial Management State’s allotment of block grant funds § 96.42 General procedures and requirements. 5. Section 96.30 is amended by than if the State were awarded its entire designating text of the current paragraph allotment. Accordingly, with the * * * * * as paragraph (a), adding a heading to exception of situations described in (f) * * * A tribe receiving direct newly designated paragraph (a), and paragraph (c) of this section, the block grant funding is not required to adding a new paragraph (b) to read as Department will, upon request of an use those funds to provide tangible follows: eligible Indian tribe or tribal benefits to non-Indians living within the organization and where provided for by tribe’s service area unless the tribe and § 96.30 Fiscal and administrative statute, reserve a portion of the the State(s) in which the tribe is located requirements. allotment of the State(s) in which the agree in writing that the tribe will do so. (a) Fiscal control and accounting tribe is located, and, upon receipt of a 8. A new § 96.49 is added to Subpart procedures. *** complete application and related D to read as follows: (b) Financial summary of obligation submission meeting statutory and and expenditure of block grant funds.— regulatory requirements, grant it directly § 96.49 Due date for receipt of all (1) Block grants containing time limits to the tribe or organization. information required for completion of tribal on both the obligation and the * * * * * applications for the low-income home expenditure of funds. After the close of (c) The Department has determined energy assistance block grants. each statutory period for the obligation that Indian tribal members eligible for Effective beginning in FY 2001, for of block grant funds and after the close the funds or services provided through the low-income home energy assistance of each statutory period for the the block grants would be better served program, Indian tribes and tribal expenditure of block grant funds, each by the State(s) in which the tribe is organizations that make requests for grantee shall report to the Department: located rather than by the tribe, where: (i) Total funds obligated and total direct funding from the Department (1) The tribe has not used its block funds expended by the grantee during must insure that all information grant allotment substantially in the applicable statutory periods; and necessary to complete their application (ii) The date of the last obligation and accordance with the provisions of the is received by December 15 of the fiscal the date of the last expenditure. relevant statute(s); and year for which funds are requested, (2) Block grants containing time limits (2) Following the procedures of 45 unless the State(s) in which the tribe is only on obligation of funds. After the CFR 96.51, the Department has withheld located agrees to a later date. After close of each statutory period for the tribal funds because of those December 15, funds will revert to the obligation of block grant funds, each deficiencies; and State(s) in which the tribe is located, grantee shall report to the Department: (3) The tribe has not provided unless the State(s) agrees to a later date. (i) Total funds obligated by the sufficient evidence that it has removed If funds revert to a State, the State is grantee during the applicable statutory or corrected the reason(s) for responsible for providing low-income period; and withholding. In these cases, block grant home energy assistance program (ii) The date of the last obligation. funds reserved or set aside for a direct services to the service population of the (3) Block grants containing time limits grant to the Indian tribe will be awarded tribe. only on expenditure of funds. After the to the State(s), and the State(s) will close of each statutory period for the provide block grant services to the Subpart EÐEnforcement expenditure of block grant funds, each service population of the tribe. Before grantee shall report to the Department: awarding these funds to the State(s), the 9. A new section 96.53 is added to (i) Total funds expended by the Department will allow as much time as subpart E to read as follows: it determines to be reasonable for the grantee during the statutory period; and § 96.53 Length of withholding. (ii) The date of the last expenditure. tribe to correct the conditions that led (4) Submission of information. to withholding, consistent with Under the low-income home energy Grantees shall submit the information provision of timely and meaningful assistance program and community required by paragraph (b)(1), (2), and (3) services to the tribe’s service population services block grant, the Department of this section on OMB Standard Form during the fiscal year. If a State(s) is may withhold funds until the 269A, Financial Status Report (short awarded funds under this paragraph, Department finds that the reason for the form). Grantees are to provide the the State(s) will receive all remaining withholding has been removed.

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.083 pfrm02 PsN: 15OCR1 55858 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

Subpart HÐLow-Income Home Energy of less than $200,000 or which is an DEPARTMENT OF COMMERCE Assistance Program Indian tribe or tribal organization which receives direct funding from the National Oceanic and Atmospheric 10. Section 96.81 is revised to read as Department shall submit to the Administration follows: Department, as part of its LIHEAP grant 50 CFR Parts 222 and 223 § 96.81 Carryover and reallotment. application, data on the number of (a) Scope. Pursuant to section 2607(b) households receiving LIHEAP assistance [Docket No. 950427117±9271±10; I.D.100499D] of Public Law 97–35 (42 U.S.C. 8626(b)), during the 12-month period this section concerns procedures corresponding to the Federal fiscal year RIN 0648±AH97 relating to carryover and reallotment of (October 1–September 30) preceding the regular LIHEAP block grant funds fiscal year for which funds are Sea Turtle Conservation; Shrimp authorized under section 2602(b) of requested. The data shall be reported Trawling Requirements separately for LIHEAP heating, cooling, Public Law 97–35 (42 U.S.C. 8621(b)). AGENCY: National Marine Fisheries (b) Required carryover and crisis, and weatherization assistance. Service (NMFS), National Oceanic and reallotment report. Each grantee must (c) Grantees will not receive their Atmospheric Administration (NOAA), submit a report to the Department by LIHEAP grant allotment for the fiscal Commerce. August 1 of each year, containing the year until the Department has received ACTION: Temporary rule; request for information in paragraphs (b)(1) through the report required under paragraph (a) comments. (b)(4) of this section. The Department or (b) of this section. shall make no payment to a grantee for SUMMARY: NMFS issues this temporary 12. Section 96.84 is amended by a fiscal year unless the grantee has action to allow the use of limited tow adding paragraph (d) as follows: complied with this paragraph with times as an alternative to the respect to the prior fiscal year. § 96.84 Miscellaneous. requirement to use Turtle Excluder (1) The amount of funds that the Devices (TEDs) by shrimp trawlers * * * * * grantee requests to hold available for operating south and west of Cape obligation in the next (following) fiscal (d) End of transfer authority. Lookout, North Carolina, in the offshore year, not to exceed 10 percent of the Beginning with funds appropriated for waters out to 3 nautical miles (nm) (5.5 funds payable to the grantee; FY 1994, grantees may not transfer any km). NMFS has been notified by the (2) A statement of the reasons that this funds pursuant to section 2604(f) of Director of the Division of Marine amount to remain available will not be Public Law 97–35 (42 U.S.C. 8623(f)) Fisheries of the North Carolina used in the fiscal year for which it was that are payable to them under the Department of Environmental and allotted; LIHEAP program to the block grant Natural Resources (NCDMF) that large (3) A description of the types of programs specified in section 2604(f). amounts of debris in Atlantic Ocean assistance to be provided with the 13. Section 96.85 is amended by waters along the southern portion of the amount held available; and revising paragraph (a) to read as follows: State in the aftermath of the Hurricanes’ (4) The amount of funds, if any, to be Dennis and Floyd are causing difficulty subject to reallotment. § 96.85 Income Eligibility. with the performance of TEDs. NMFS (c) Conditions for reallotment. If the will monitor the situation to ensure (a) Application of poverty income total amount available for reallotment there is adequate protection for sea guidelines and State median income for a fiscal year is less than $25,000, the turtles in this area and to determine estimates. In implementing the income Department will not reallot such whether impacts from the hurricanes amount. If the total amount available for eligibility standards in section continue to make TED use reallotment for a fiscal year is $25,000 2605(b)(2) of Public Law 97–35 (42 impracticable. U.S.C. 8624(b)(2)), grantees using the or more, the Department will reallot DATES: This action is effective from Federal government’s official poverty such amount, except that the October 12, 1999, through November 12, income guidelines and State median Department will not award less than $25 1999. Comments on this action are income estimates for households as a in reallotted funds to a grantee. requested, and must be received by basis for determining eligibility for 11. Section 96.82 is revised to read as November 12, 1999. follows: assistance shall, by October 1 of each ADDRESSES: year, or by the beginning of the State Comments on this action § 96.82 Required report on households fiscal year, whichever is later, adjust should be addressed to the Chief, assisted. their income eligibility criteria so that Endangered Species Division, Office of Protected Resources, NMFS, 1315 East- (a) Each grantee which is a State or an they are in accord with the most West Highway, Silver Spring, MD insular area which receives an annual recently published update of the 20910. allotment of at least $200,000 shall guidelines or estimates. Grantees may submit to the Department, as part of its adjust their income eligibility criteria to FOR FURTHER INFORMATION CONTACT: LIHEAP grant application, the data accord with the most recently published Charles A. Oravetz, 727–570–5312, or required by section 2605(c)(1)(G) of revision to the poverty income Barbara A. Schroeder, 301–713–1401. Public Law 97–35 (42 U.S.C. guidelines or State median income SUPPLEMENTARY INFORMATION: 8624(c)(1)(G)) for the 12-month period estimates for households at any time Background corresponding to the Federal fiscal year between the publication of the revision All sea turtles that occur in U.S. (October 1–September 30) preceding the and the following October 1, or the waters are listed as either endangered or fiscal year for which funds are beginning of the State fiscal year, threatened under the Endangered requested. The data shall be reported whichever is later. Species Act of 1973 (ESA). The Kemp’s separately for LIHEAP heating, cooling, ridley (Lepidochelys kempii), crisis, and weatherization assistance. * * * * * leatherback (Dermochelys coriacea), and (b) Each grantee which is an insular [FR Doc. 99–26820 Filed 10–14–99; 8:45 am] hawksbill (Eretmochelys imbricata) are area which receives an annual allotment BILLING CODE 4150±04±U listed as endangered. Loggerhead

VerDate 12-OCT-99 17:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.XXX pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55859

(Caretta caretta) and green (Chelonia shrimp fishermen about debris, including old continue to use TEDs if possible, even mydas) turtles are listed as threatened, tires, being caught in shrimp trawls and though they are authorized, under this except for populations of green turtles clogging their TEDs. The [NCDMF] has also notice, to use restricted tow times. in Florida and on the Pacific coast of observed this debris in sample trawls made after the storm aboard our research vessel, NMFS studies have shown that the Mexico, which are listed as endangered. the R/V CAROLINA COAST. This debris problem of clogging by seagrass, algae or The incidental take of these species, includes old tires which have broken loose by other debris is not unique to TED- as a result of shrimp trawling activities, from our artificial reefs, trees, pilings, equipped nets. When fishermen trawl in has been documented in the Gulf of shingles, and wood washed into the ocean by problem areas, they may experience Mexico and along the Atlantic. Under flood waters. The material becomes lodged in clogging with or without TEDs. A the ESA and its implementing the TEDs rendering them ineffective in particular fishermen’s concern, regulations, taking sea turtles is expelling sea turtles as well as negatively however, is that clogging in a TED- impacting fishermen’s catches. prohibited, with exceptions identified equipped net may hold open the turtle in 50 CFR 223.206. Existing sea turtle The NCDMF requested that NMFS use escape opening and increase the risk of conservation regulations (50 CFR part its authority to allow the use of limited shrimp loss. On the other hand, TEDs 223, subpart B) require most shrimp tow times as an alternative to TEDs in also help exclude certain types of debris trawlers operating in the Gulf and offshore waters out to 3 nm (5.5 km) and allow shrimpers to conduct longer Atlantic areas to have a NMFS-approved from Cape Lookout to the North tows. TED installed in each net rigged for Carolina/ South Carolina border. NMFS gear experts provide several fishing year-round. The effects of the flooding from operational recommendations to Hurricane Floyd have been particularly The regulations provide for the use of fishermen to maximize the debris severe in the eastern inland portions of limited tow times as an alternative to exclusion ability of TEDs that may allow North Carolina. The inshore shrimp the use of TEDs for vessels with certain some fishermen to continue using TEDs specified characteristics or under fishing areas in Core, Pamlico, and without resorting to restricted tow certain special circumstances. The Albemarle sounds that provide the times. To exclude debris, NMFS provisions of 50 CFR 223.206 (d)(3)(ii) majority of the State’s shrimp catch recommends hard TEDs made of either specify that the Assistant Administrator have also likely been inundated with solid rod or of hollow pipe that for Fisheries, NOAA (AA), may debris. At this time, however, those incorporate a bent angle at the escape authorize compliance with tow time inshore areas are still experiencing opening, in a bottom-opening restrictions as an alternative to the TED considerable flooding and freshwater configuration. In addition, the requirement, if [she] determines that the intrusion, and most of the shrimp are installation angle of a hard TED in the presence of algae, seaweed, debris, or likely to have been washed out of the trawl extension is an important other special environmental conditions sounds. NMFS and the NCDMF will performance element in excluding in a particular area makes trawling with continue to monitor the situation in debris from the trawl. High installation TED-equipped nets impracticable. The those inshore areas to determine the angles can result in debris clogging the provisions of 50 CFR 223.206(d)(3)(i) need for any additional action. bars of the TED; NMFS recommends an specify the maximum tow times that ° may be used when tow-time limits are Special Environmental Conditions installation angle of 45 , relative to the authorized as an alternative to the use The AA finds that the impacts of normal horizontal flow of water through of TEDs. The tow times may be no more Hurricanes Floyd and Dennis have the trawl, to optimize the TED’s ability than 55 minutes from April 1 through created special environmental to exclude turtles and debris. October 31 and no more than 75 conditions that may make trawling with Furthermore, the use of accelerator minutes from November 1 through TED-equipped nets impracticable. funnels, which are allowable March 31. These tow time limits are Therefore, the AA issues this notice to modifications to hard TEDs, is not designed to minimize the level of authorize the use of restricted tow times recommended in areas with heavy mortality of sea turtles that are captured as an alternative to the use of TEDs in amounts of debris or vegetation. Lastly, by trawl nets not equipped with TEDs. the offshore waters of the territorial sea the webbing flap that is usually of the State of North Carolina from the installed to cover the turtle escape Recent Events North Carolina/South Carolina border to opening may be modified to help At the end of August 1999, Hurricane 076°32’ W., the line of longitude exclude debris quickly: the webbing flap Dennis moved slowly along the Outer through Cape Lookout. The NCDMF is can either be shortened by cutting it Banks of North Carolina, hitting the continuing to monitor the situation and horizontally so that it does not overlap coast with heavy winds and surf. Dennis is cooperating with NMFS in the frame of the TED or be slit in a fore- lingered along the North Carolina coast determining the ongoing extent of the and-aft direction to facilitate the and came ashore east of Beaufort, NC, debris problem in North Carolina exclusion of debris. on September 4. Less than 2 weeks later, offshore waters. Moreover, the NCDMF All of the above-listed Hurricane Floyd also struck North Director has stated that the State’s recommendations represent legal Carolina, making landfall at Cape Fear. enforcement officers would enforce the configurations of TEDs for shrimpers in Hurricane Floyd’s most severe damage restricted tow times. Ensuring the offshore areas of North Carolina (not has resulted from the heavy rainfalls compliance with tow time restrictions is subject to special requirements effective and record flooding in inland areas of critical to effective sea turtle protection, in the Atlantic Shrimp Fishery-Sea North Carolina. The two hurricanes and the commitment from the NCDMF Turtle Conservation Area). This notice caused heavy discharge from flooding Director to provide additional authorizes the use of restricted tow rivers which has deposited debris in the enforcement of the tow time restrictions times as an alternative to the required State’s nearshore coastal waters. In an is an important factor enabling NMFS to use of TEDs. This action does not October 1 letter to the NMFS Southeast issue this authorization. authorize any other departure from the Regional Administrator, the Director of TED requirements, including any illegal the NCDMF stated: Continued Use of TEDs modifications to TEDs. In particular, if Since the passage of the storm, the NMFS encourages shrimp trawlers in TEDs are installed in trawl nets, they [NCDMF] has received complaints from North Carolina offshore waters to may not be sewn shut.

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.094 pfrm02 PsN: 15OCR1 55860 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

Alternative to Required Use of TEDs Pollution From Ships) may apply to result in a significant impact to sea The authorization provided by this disposal at sea. turtles. Notice and comment are contrary to the public interest in this temporary action applies to all shrimp Alternative to Required Use of TEDs; instance because providing notice and trawlers that are operating in offshore Termination comment would prevent the agency waters of the territorial sea (within 3 nm The AA, at any time, may modify the (5.5 km)) of the State of North Carolina, from providing relief within the alternative conservation measures necessary time frame. The public was from the North Carolina/South Carolina through publication in the Federal border to 076°32’ W., the line of provided with notice and an Register, if necessary, to ensure opportunity to comment on 50 CFR longitude through Cape Lookout, in adequate protection of endangered and areas which the State has opened to 223.206(d)(3)(ii). threatened sea turtles. Under this Pursuant to 5 U.S.C. 553(d)(1), shrimping and who would otherwise be procedure, the AA may modify the required to use TEDs in accordance with because this rule relieves a restriction, affected area or impose any necessary it is not subject to a 30-day delay in the requirements of 50 CFR additional or more stringent measures, 223.206(d)(2). ‘‘Offshore waters,’’ as notice. NMFS is making the rule including more restrictive tow times or effective October 12, 1999, to ensure defined at 50 CFR 222.102, means the synchronized tow times, if the AA marine and tidal waters seaward of the that North Carolina has adequate time to determines that the alternative issue any necessary proclamations. 72 COLREGS demarcation line authorized by this rule is not (International Regulations for Since prior notice and an opportunity sufficiently protecting turtles, as for public comment are not required to Preventing Collisions at Sea, 1972), as evidenced by observed lethal takes of depicted or noted on nautical charts be provided for this action by 5 U.S.C. turtles aboard shrimp trawlers, elevated 553, or by any other law, the analytical published by NOAA (Coast Charts, sea turtle strandings, or by insufficient 1:80,000 scale) and as described in 33 requirements of 5 U.S.C. 601 et. seq. are compliance with the authorized inapplicable. CFR part 80. Instead of the required use alternative. The AA may also terminate of TEDs, shrimp trawlers may opt to The AA prepared an Environmental this authorization for these same Assessment (EA) for the final rule (57 comply with the sea turtle conservation reasons or for the reasons that regulations by using restricted tow FR 57348, December 4, 1992) requiring compliance cannot be monitored TED use in shrimp trawls and creating times. Through October 31, 1998, a effectively, or that conditions do not shrimp trawler utilizing this the regulatory framework for the make trawling with TEDs impracticable. issuance of notices such as this. Copies authorization must limit tow times to no The AA may modify or terminate this of the EA are available (see ADDRESSES). more than 55 minutes, measured from authorization, as appropriate, at any the time trawl doors enter the water time. A document will be published in Dated: October 8, 1999. until they are retrieved from the water. the Federal Register announcing any Andrew A. Rosenberg, From November 1, 1999 until November additional sea turtle conservation Deputy Assistant Administrator for Fisheries, 12, 1999, tow times must be limited to measures or the termination of the tow National Marine Fisheries Service. no more than 75 minutes measured from time option in North Carolina offshore [FR Doc. 99–26976 Filed 10–12–99; 4:31 pm] the time trawl doors enter the water waters. This authorization will expire BILLING CODE 3510±22±F until they are retrieved from the water. automatically on November 12, 1999, Additional State Requirements unless it is explicitly extended through another notice published in the Federal DEPARTMENT OF COMMERCE The affected area for this exemption Register. lies entirely within the state waters of National Oceanic and Atmospheric North Carolina. Nothing in this notice Classification Administration should be considered to affect any State This action has been determined to be fishing requirement. The NCDMF not significant for purposes of E.O. 50 CFR Parts 222 and 223 Director may issue a proclamation 12866. [Docket No.991007270±9270±01; specifying additional requirements for The AA has determined that this I.D.090399E] shrimp trawlers working under this action is necessary to respond to an exemption. Fishermen must comply emergency situation to allow more RIN 0648±AM89 with all applicable State requirements, efficient fishing for shrimp, while Sea Turtle Conservation; Summer including any proclamations by the providing adequate protection for Flounder Trawling Requirements NCDMF Director issued to help endangered and threatened sea turtles implement this authorization. pursuant to the ESA and other AGENCY: National Marine Fisheries applicable law. Service (NMFS), National Oceanic and Additional Conditions Pursuant to 5 U.S.C. 553(b)(B), the AA Atmospheric Administration (NOAA), NMFS expects that shrimp trawlers finds that there is good cause to waive Commerce. operating in North Carolina offshore prior notice and opportunity to ACTION: Interim final rule; request for waters without TEDs, in accordance comment on this rule. It is impracticable comments. with this authorization, will retrieve and contrary to the public interest to debris that is caught in their nets and provide prior notice and opportunity for SUMMARY: The National Marine return it to shore for disposal or to other comment. The AA finds that an Fisheries Service (NMFS) is issuing this locations defined by the NCDMF unusually large amount of debris exists interim final rule to amend the Director, rather than simply dispose the in the aftermath of Hurricanes Dennis regulations that require summer debris at sea. Proper disposal of debris and Floyd, creating special flounder trawlers to use Turtle Excluder should help the restoration of the environmental conditions that may Devices (TEDs) in waters off Virginia shrimping grounds in the wake of the make trawling with TED-equipped nets and North Carolina to reduce the hurricanes. Shrimp trawlers are impracticable. The AA has determined incidental capture of endangered and reminded that regulations under 33 that the use of limited tow times for the threatened sea turtles. NMFS is U.S.C. 1901 et seq. (Act to Prevent described area and time would not reguiring that any approved hard TED or

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.094 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55861 special TED installed in a summmer TEDs conforming to a generic consultation with the New England and flounder trawl be installed in a TED description, the Parker soft TED, and South Atlantic Fishery Management extension (a cylinder of webbing in two types of special hard TEDs. Councils. On December 3, 1997, NMFS which the TED is installed). NMFS also published a final rule (62 FR 63872) to Current TED Requirements is introducing specifications for the TED implement a number of changes to the extensionand requiring that the TED The use of TEDs has been required in summer flounder regulations, as extension be constructed of webbing no the summer flounder trawl fleet off proposed in Amendment 10. Previously, larger than 3.5–inch (8.9 cm) stretched North Carolina and southern Virginia a minimum mesh size requirement of mesh. This interim final rule is since the fall of 1992 through a series of 5.5–inch (14.0 cm) diamond mesh or 6– necessary to prevent adverse impacts to temporary or interim rules. NMFS inch (15.2 cm) square mesh had applied turtles in the upcoming fall/winter published a final rule on January 24, to the codend of the net. The final rule summer flounder trawling season. 1996 (61 FR 1846), that finalized the extended this minimum mesh size requirements for flounder trawlers to DATES: This rule is effective November requirement to the body and use TEDs in the ‘‘summer flounder 15, 1999. Comments on this rule are extension(s) of the net, effective June 3, fishery-sea turtle protection area’’ which requested, and must be received by 1998. The reason for the change in the includes the offshore waters between December 14, 1999. mesh regulations was that the Council 37°05’ N. lat. (Cape Charles, VA) and the ADDRESSES: Requests for a copy of the was concerned about the ‘‘choking off’’ environmental assessment (EA) NC/SC border. That final rule also or the constriction of codends in trawl provides for a seasonal exemption from prepared for this interim final rule, and nets in the summer flounder fishery, as the TED requirement north of Oregon comments on this action, should be a way of circumventing the codend Inlet, NC, from January 15 through addressed to the Chief, Endangered mesh size requirements. The Council March 15, annually. In addition, NMFS Species Division, Office of Protected was concerned that continued poor has tested and approved the use of a Resources, NMFS, 1315 East-West compliance with mesh-size regulations special hard TED, the Flounder TED, Highway, Silver Spring, MD 20910. would result in higher fishing mortality that was specifically designed for the Requests for copies of the reports on rates and in a decreased rate of stock summer flounder fishery (58 FR 54066, 1999 TED testing should be addressed to recovery for summer flounder. Applying October 20, 1993). The Flounder TED is the Chief, Harvesting Systems Division, the minimum mesh-size throughout the probably the primary style used in the Mississippi Laboratories, Southeast codend, extension(s), and body of the fishery. It incorporates large holes in the net was intended to eliminate this Fisheries Science Center, NMFS, P.O. bottom of the grid to allow the passage problem. Drawer 1207, Pascagoula, MS 39568– of large flatfish. Although the Parker soft 1207. TED may be used in the summer The TED Extension FOR FURTHER INFORMATION CONTACT: flounder fishery, its construction would Hard TEDs and special hard TEDs are Charles A. Oravetz, 727–570–5312. likely cause a large loss of finfish catch, SUPPLEMENTARY INFORMATION: and NMFS believes that it is not used almost always installed into a short cylinder of webbing, called a TED Background in the flounder fishery. The regulations for the technical extension, rather than installed directly All sea turtles that occur in U.S. specifications are at 50 CFR 223.207. into the trawl. The TED extension can waters are listed as either endangered or These specifications are quite detailed then be sewn directly to the net, threatened under the Endangered with respect to the final configuration of connecting the codend to the body, or Species Act of 1973 (ESA). The Kemp’s the TEDs themselves and any allowable any other extension. Using TED ridley (Lepidochelys kempii), modifications, such as accelerator extensions not only makes correct leatherback (Dermochelys coriacea), and funnels and webbing flaps. The construction of a TED easier, but in the hawksbill (Eretmochelys imbricata) are specifications are intended to allow summer flounder fishery, where TEDs listed as endangered. Loggerhead fisherman to choose all the other are only required in certain areas, it (Caretta caretta) and green (Chelonia performance and construction variables greatly simplifies the process of mydas) turtles are listed as threatened, of their trawl gear to match their fishing installing and removing the TED as the except for breeding populations of green needs, consistent with any restrictions boat moves into and out of the summer turtles in Florida and on the Pacific imposed for fishery management flounder-sea turtle protection area. coast of Mexico, which are listed as purposes. The mesh size of the trawl When summer flounder trawlers were endangered. webbing, in particular, is usually chosen about to begin working in the summer The incidental capture and mortality by the fisherman or regulated for fishery flounder-sea turtle protection area in the of these sea turtles during summer management purposes, and NMFS has fall of 1998, fishermen began reporting flounder trawling has been documented never specified the size of webbing in problems installing and using TEDs along the Atlantic seaboard. Under the which the TED must be installed. with the newly required 5.5–inch (14.0– ESA and its implementing regulations, Shrimp trawlers generally install TEDs cm) mesh in the TED extension. They taking sea turtles is prohibited, with in webbing no larger than 2 inches (5.1 were concerned that, when using a exceptions identified in 50 CFR cm). At the time TEDs were first larger mesh, the TED would be attached 223.206. Existing sea turtle conservation required in the summer flounder to fewer individual meshes and would regulations (50 CFR 223.205 and fishery, trawl mesh sizes of 3.5 or 4 therefore be weaker. In addition, they 223.206) require summer flounder inches (8.9 or 10.2 cm) were typical. reported difficulties installing the TEDs trawlers operating in Atlantic waters at an appropriate angle to the water flow between Cape Charles, VA and the NC/ Amendment 10 to the Summer because of the longer individual SC border to have a NMFS-approved Flounder, Scup, and Black Sea Bass meshes. Proper TED angle is an TED installed in each net rigged for Fishery Management Plan important performance factor for the fishing, when sea turtles are present. Amendment 10 was prepared by the TED’s ability to exclude turtles and TEDs currently approved by NMFS for Mid-Atlantic Fishery Management retain catch. Lastly, some captains were summer flounder trawling include Council (the Council) and the Atlantic concerned that the large mesh in the single-grid hard TEDs and hooped hard States Marine Fisheries Commission, in immediate vicinity of the TED might

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.100 pfrm02 PsN: 15OCR1 55862 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations present an entanglement risk to the time limit for the test. It was observed summer flounder trawl net. Nor does turtles. in previous TED testing that the turtles this rule change any other aspect of the are stopped by the bars of the TED and regulations for TED construction and Summary of Observer Results must spend some amount of time installation, specified in 50 CFR Through experimental testing of soft exploring the extension before they find 223.207. In particular, webbing flaps TEDs, which use panels of relatively the exit hole and escape. During this used to cover the escape openings of large mesh webbing, NMFS has active exploration, they can easily insert hard TEDs in summer flounder trawls repeatedly observed that sea turtles can their head or flipper into a large opening must be constructed of webbing no become entangled in trawl webbing as but can then become entangled. NMFS larger than 1–5/8 inch (4.1 cm) stretched small as 4–inch (10.2–cm), particularly originally intended to try to quantify mesh, as specified at 50 CFR when the turtles have to maneuver in a any increased capture rate due to the 223.207(d)(3). constricted space or when the webbing large-mesh webbing more precisely is poorly installed and slack. As soon as using more test turtles. It quickly Request for Comments this potential problem with the large became clear that the capture rate was NMFS is requesting input and will mesh TED extensions was noted, NMFS excessive, however, and the test was accept written comments (see placed observers aboard summer terminated. When the mesh size of the ADDRESSES) on this interim final rule flounder trawlers. Between November TED extension was changed to 3.5 until December 14, 1999. Any 30, 1998 and February 19, 1999, 140 inches (8.9 cm), and no entanglements comments, suggestions, or additional flounder hauls were observed on boats occurred. data and information on this action will fishing between the mouth of be taken into consideration before a Provisions of this Interim Final Rule Chesapeake Bay and Cape Lookout, NC. final determination is made. Thirteen turtles were observed captured After considering the comments of the in nets equipped with working TEDs Council, reports from fishermen, References installed in large mesh webbing. Of observer data, and TED testing results, Epperly, S.A., J. Braun, A.J. Chester, those, the observers specifically noted NMFS has determined that the use of F.A. Cross, J.V. Merriner, and P.A. in five cases that the turtles had reached large-mesh webbing around a TED Tester. 1995. Winter distribution of sea the TEDs, but had become entangled in installed in a summer flounder trawl turtles in the vicinity of Cape Hatteras the TED extensions when their flippers can result in high rate of sea turtle and their interactions with the summer protruded through the 5.5 inch (14.0 entanglement and capture. The use of flounder trawl fishery. Bulletin of cm) mesh. In four of the other captures, smaller webbing in a TED extension can Marine Science, 56(2):547–568. the TED openings were blocked by large prevent these captures. Fishermen have NMFS. Unpublished data. Mid- amounts of fish around the TED, which traditionally used a smaller mesh size Atlantic coastal trawl fishery observer was attributed by one captain to the new for TED extensions, which has the data 98/99. Northeast Fisheries Science 5.5 inch (14.0 cm) mesh size. Excluding advantages of greater strength, Center. one turtle that was dead before it was consistency of installation, and reduced Classification caught, 0.033 turtles were caught per clogging with bycatch. Therefore, to observed hour of trawling with TEDs avoid adverse impacts on sea turtles, This action has been determined to be during the winter of 1998–1999 (NMFS, NMFS is requiring the use of TED not significant for purposes of E.O. unpublished data). All of the observed extensions with hard TEDs and special 12866. captures were north of Cape Hatteras. hard TEDs installed in summer flounder The Assistant Administrator for This capture rate, with TEDs, is twice trawls. NMFS is also specifying the Fisheries, NOAA (AA), finds that good the capture rate of 0.0167 turtles per mesh size for the TED extension. The cause exists, under 5 U.S.C. 553(b)(B), to hour, without TEDs, that was observed TED extension must be constructed of waive prior notice and an opportunity during the 1991–1992 season (Epperly webbing no larger than 3.5 inch (8.9 cm) for public comment on this rule. It is et al., 1995). Although other factors— stretched mesh. The TED extension impracticable and contrary to the public primarily the warm ocean temperatures must extend at least 24 inches (61.0 cm) interest to provide prior notice and last winter and their effect on turtle but nor more than 36 inches (91.4 cm) opportunity for comment because the distribution—make direct comparisons forward of the leading edge of the TED fall summer flounder fishery is expected of these catch rates difficult, the data and aft of the trailing edge of the grid. to begin off Virginia and North Carolina still indicated that the effectiveness of in November. Trawling with TEDs Relationship of This Rule to Other the TEDs was likely seriously installed in large-mesh webbing is Regulations compromised by the large mesh known to capture turtles at a high rate, webbing. This rule is intended to clarify and turtle abundances are probably explicitly the requirements affecting the highest in the fishing areas in the Summary of TED Testing Results use of approved TEDs in summer earliest part of the season. Preventable NMFS decided to further investigate flounder trawls. Regulations affecting deaths of endangered and threatened the risk of turtle capture in large-mesh summer flounder trawl gear have been species would occur unless TED TED extensions during controlled TED promulgated by NMFS under two extension mesh size changes are made testing. In June 1999, NMFS gear different legal authorities. Regulations prior to the beginning of fall fishing researchers conducted a TED testing pursuant to the ESA are contained in 50 effort. Furthermore, this fishery is session in the clear waters off Panama CFR parts 222 and 223, while highly valuable and anticipated by the City, FL. Small loggerhead turtles were regulations pursuant to the Magnuson- participants, but is limited by quota introduced into a flounder trawl with Stevens Fishery Conservation allocations, and it frequently is very 5.5 inch (14.0 cm) mesh webbing Management Act are contained in 50 short. Consequently, fishers may throughout, including the TED CFR part 648. This interim final rule experience significant, avoidable extension. Four out of eight turtles does not change the mesh size impacts if TED extension mesh sizes are became entangled in the webbing requirements of 50 CFR 648.104(a)(1) for changed during the course of the fishery immediately forward of the TED and the body, codend, or extension(s) - other and fishers lose any of their limited could not escape during the 5–minute than the TED extension - portions of a fishing time coming into compliance.

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.100 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55863

Fishers traditionally have to re-equip no significant impact on the human fishery-sea turtle protection area must their nets with TEDs and make any environment. A copy of the EA is have an approved TED installed in each needed net repairs before the fall season available (see ADDRESSES). net that is rigged for fishing. A net is begins. Prompt implementation of this List of Subjects in 50 CFR Part 223 rigged for fishing if it is in the water, or mesh size change will allow them to use if it is shackled, tied, or otherwise their rigging time to come into Endangered and threatened species, connected to any trawl door or board, or compliance. With sufficient opportunity Exports, Imports, Marine mammals, to any tow rope, cable, pole or to make the changes, the mesh size Transportation. extension, either on board or attached in changes in themselves pose a minimal Dated: October 8, 1999. any manner to the summer flounder burden on the fishers. The cost of the Andrew A. Rosenberg, trawler. Exceptions to the TED required materials (new webbing) is Deputy Assistant Administrator for Fisheries, requirement for summer flounder estimated at less than $20 per net, and National Marine Fisheries Service. trawlers are provided in paragraph many fishers can make the needed For the reasons set out in the (d)(2)(iii)(B) of this section. changes themselves, estimated at about preamble, 50 CFR part 223 is amended (2) Any approved hard TED or special two person-hours per boat. Finally, the as follows: use of small mesh webbing adjacent to hard TED installed in a summer the TED had been a traditional gear PART 223ÐTHREATENED MARINE flounder trawl must be installed in a configuration in this fishery prior to the AND ANADROMOUS SPECIES TED extension. The TED extension is a June 3, 1998, requirement for the larger cylindrical piece of webbing distinct mesh size specified through the 1. The authority citation for part 223 from the main trawl’s body, wings, Magnuson-Stevens Fishery continues to read as follows: codend, and any other net extension(s). Conservation Management Act in 50 Authority: 16 U.S.C. 1531 - 1543; subpart The TED extension must be constructed CFR part 648. Thus, this interim final B, § 223.12 also issued under 16 U.S.C. 1361 of webbing no larger than 3.5 inch (8.9 rule allows for the traditional practice. et seq. cm) stretched mesh. The TED extension Because prior notice and opportunity 2. In § 223.206, paragraph must extend at least 24 inches (61.0 cm) for public comment are not required for (d)(2)(iii)(A) is revised to read as but not more than 36 inches (91.4 cm) this rule by 5 U.S.C. 553, or any other follows: forward of the leading edge of the TED law, the analytical requirements of the and aft of the trailing edge of the grid. Regulatory Flexibility Act, 5 U.S.C. 601 § 223.206 Exceptions to prohibitions et seq., are inapplicable. relating to sea turtles. * * * * * This rule does not contain a * * * * * PART 223 [Amended] collection-of-information requirement (d) * * * for purposes of the Paperwork (2) * * * 3. Figure 6 to part 223 is added to Reduction Act. (iii) * * * The AA prepared an EA for this rule (A) TED requirement. (1) Any summer read as follows: which concludes that this rule will have flounder trawler in the summer flounder BILLING CODE 3510±22±F

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.100 pfrm02 PsN: 15OCR1 55864 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

FIGURE 6 to Part 223—TED Extension in Summer Flounder Trawl

[FR Doc. 99–27012 Filed 10–14–99; 8:45 am] BILLING CODE 3510±22±C

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.100 pfrm02 PsN: 15OCR1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 55865

DEPARTMENT OF COMMERCE GOA exclusive economic zone directed fishing of pollock in Statistical according to the Fishery Management Area 620 of the GOA. National Oceanic and Atmospheric Plan for Groundfish of the Gulf of Maximum retainable bycatch amounts Administration Alaska (FMP) prepared by the North may be found in the regulations at Pacific Fishery Management Council § 679.20(e) and (f). 50 CFR Part 679 under authority of the Magnuson- Classification [Docket No. 990304062±9062±01; I.D. Stevens Fishery Conservation and 100899C] Management Act. Regulations governing This action responds to the best fishing by U.S. vessels in accordance available information recently obtained Fisheries of the Exclusive Economic with the FMP appear at subpart H of 50 from the fishery. It must be Zone Off Alaska; Pollock in Statistical CFR part 600 and 50 CFR part 679. implemented immediately to prevent Area 620 of the Gulf of Alaska The 1999 TAC of pollock in Statistical overharvesting the 1999 TAC of pollock Area 620 of the GOA was established by in Statistical Area 620 of the GOA. A AGENCY: National Marine Fisheries the Final 1999 Harvest Specifications Service (NMFS), National Oceanic and delay in the effective date is for Groundfish (64 FR 12094, March 11, Atmospheric Administration (NOAA), impracticable and contrary to the public 1999) as 38,840 metric tons (mt), Commerce. interest. Further delay would only result determined in accordance with in overharvest. NMFS finds for good ACTION: Closure. § 679.20(c)(3)(ii). cause that the implementation of this SUMMARY: NMFS is prohibiting directed In accordance with § 679.20(d)(1)(i), action should not be delayed for 30 fishing of pollock in Statistical Area 620 the Administrator, Alaska Region, days. Accordingly, under 5 U.S.C. of the Gulf of Alaska (GOA). This action NMFS (Regional Administrator), has 553(d), a delay in the effective date is is necessary to prevent exceeding the determined that the 1999 TAC of hereby waived. 1999 total allowable catch (TAC) in this pollock in Statistical Area 620 will be This action is required by 50 CFR area. reached. Therefore, the Regional 679.20 and is exempt from review under Administrator is establishing a directed E.O. 12866. DATES: Effective 1200 hrs, Alaska local fishing allowance of 38,440 mt, and is Authority: 16 U.S.C. 1801 et seq. time (A.l.t.), October 12, 1999, until setting aside the remaining 400 mt as 2400 hrs, A.l.t., December 31, 1999. bycatch to support other anticipated Dated: October 12, 1999. FOR FURTHER INFORMATION CONTACT: groundfish fisheries. In accordance with Bruce C. Morehead, Thomas Pearson, 907–481–1780 or § 679.20(d)(1)(iii), the Regional Acting Director, Office of Sustainable [email protected]. Administrator finds that this directed Fisheries, National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: NMFS fishing allowance has been reached. [FR Doc. 99–26975 Filed 10–12–99; 4:31 pm] manages the groundfish fishery in the Consequently, NMFS is prohibiting BILLING CODE 3510±22±F

VerDate 12-OCT-99 09:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\A15OC0.095 pfrm02 PsN: 15OCR1 55866

Proposed Rules Federal Register Vol. 64, No. 199

Friday, October 15, 1999

This section of the FEDERAL REGISTER (FCUs) can lease personal property to a third-party lessor (the leasing contains notices to the public of the proposed their members if the leasing of the company) was able to take advantage of issuance of rules and regulations. The personal property is the functional certain tax benefits available only when purpose of these notices is to give interested equivalent of secured lending. The the leasing company retained ownership persons an opportunity to participate in the NCUA Board did not want FCUs of the property. NCUA concluded in rule making prior to the adoption of the final rules. engaged in leasing to assume burdens or legal opinion letters that although the subject themselves to risks greater than direct and indirect leasing arrangements those ordinarily incident to secured described in the supplementary section NATIONAL CREDIT UNION lending. The NCUA Board determined of IRPS 83–3 resulted in an FCU owning ADMINISTRATION that for leasing to be the functional the leased property, such ownership equivalent of secured lending, a lease was not required. NCUA’s position was 12 CFR Part 714 had to be a net, full payout lease with that the purchase or assignment of a an estimated residual value not lease and the receipt of a lien on the Leasing exceeding 25% unless guaranteed. In leased property was a form of AGENCY: National Credit Union addition, an FCU engaged in leasing had permissible indirect leasing if the Administration (NCUA). to retain salvage powers over the leased following requirements were satisfied: property and maintain a contingent (1) The FCU was named as the sole ACTION: Proposed regulation. liability insurance policy with an lienholder on the leased property; (2) SUMMARY: The proposed leasing endorsement for leasing. the FCU was assigned all of the leasing regulation updates and redesignates In the supplementary section of IRPS company’s rights under the lease; and NCUA’s long-standing policy statement 83–3, the NCUA Board stated that FCUs (3) the FCU obtained an unconditional, on leasing, Interpretive Ruling and could engage in either direct or indirect irrevocable power of attorney to transfer Policy Statement (IRPS) 83–3, as an leasing. That is, an FCU could either title in the leased property to the FCU. NCUA regulation. IRPS 83–3 authorizes purchase property from a third party for NCUA undertook the proposed federal credit unions to engage in either the purpose of leasing such property to redesignation of IRPS 83–3 as an NCUA direct or indirect leasing and either a member or purchase the lease and the regulation as part of a regulatory review open-end or closed-end leasing of leased property after the lease had been of all of its IRPS. Upon review of IRPS personal property to their members if executed between the third party and 83–3, the NCUA Board determined that such leasing arrangements are the the member. Further, FCUs could it would be better suited as a regulation. functional equivalent of secured loans. engage in either open-end or closed-end 62 FR 11773 (March 13, 1997). The In addition, the proposed regulation leasing, that is, an FCU could either NCUA Board’s goal in redesignating formalizes NCUA’s position, set forth in require a member to assume the risk and IRPS 83–3 as a regulation is to increase legal opinion letters, that FCUs do not responsibility for any difference in the regulatory effectiveness by establishing have to own the leased property in an estimated residual value and the actual a rule that states NCUA’s current indirect leasing arrangement if certain value of the property at lease end or position on leasing, is easy to locate, requirements are satisfied. assume such risk itself. and sets forth safety and soundness After IRPS 83–3 was issued, NCUA requirements to protect FCUs engaged DATES: Comments must be received on received a number of inquiries regarding in leasing. or before December 14, 1999. whether an FCU must own the leased On October 29, 1998, the NCUA ADDRESSES: Direct comments to Becky property. NCUA responded through Board issued a notice of proposed Baker, Secretary of the Board. Mail or legal opinion letters that, in states rulemaking and request for comment on hand-deliver comments to: National requiring an entity engaged in leasing to leasing. 63 FR 57950 (October 29, 1998). Credit Union Administration, 1775 be a licensed dealer, which involved The proposed leasing regulation Duke Street, Alexandria, Virginia posting a bond and complying with adopted the policy on leasing set out in 22314–3428. Fax comments to (703) other state regulatory requirements, an IRPS 83–3 and incorporated NCUA’s 518–6319. E-mail comments to FCU did not have to own the leased position, set forth in legal opinion [email protected]. Please send property. However, the FCU had to be letters, that FCUs do not have to own comments by one method only. named as the sole lienholder on the the leased property in indirect leasing if FOR FURTHER INFORMATION CONTACT: Paul leased property and granted an certain requirements are satisfied. The M. Peterson, Staff Attorney, Division of unconditional, irrevocable power of comment period expired on January 27, Operations, Office of the General attorney to transfer title to the leased 1999. Counsel, at the above address or by property to the FCU. telephone: (703) 518–6555. Thereafter, the leasing industry B. Comments SUPPLEMENTARY INFORMATION: argued that, irrespective of state NCUA received fourteen comments limitations, an FCU should be able to on the proposed leasing regulation. A. Background take a lien on the leased property Comments were received from five In 1983, the NCUA Board issued instead of having to own the property. federal credit unions, one state- Interpretive Ruling and Policy The leasing industry stated that an FCU chartered credit union, three state Statement (IRPS) 83–3, Federal Credit would be insulated from tort liability by leagues, two national credit union trade Union Leasing of Personal Property to not being the owner of the leased associations, one leasing company, one Members, 48 FR 52560 (November 21, property and that an FCU’s member bank trade association, and a joint 1983), stating that federal credit unions would receive lower lease payments if comment from an auditing company

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.031 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55867 and a bank consulting company. All in either direct or indirect leasing. One that owning the leased property could commenters, except one, supported the commenter suggested certain changes in open an FCU up to potential liability NCUA Board’s effort to establish a § 714.2(b) to take into consideration the issues, tax issues, and state regulation regulation on the leasing of personal varying relations that may exist among and licensing requirements. property. The dissenting commenter parties in a leasing arrangement. Six commenters, however, stated that believed that a leasing regulation was Specifically, this commenter suggested they were against requiring a full unnecessary because NCUA examiners that the NCUA Board should amend the assignment of the lease. Four of these could monitor an FCU’s leasing program sentence ‘‘In indirect leasing, you commenters believed that the decision during regular examinations. purchase a lease and the leased property of whether to obtain a full assignment The NCUA Board has thoroughly for the purpose of leasing such property of a lease should be made by an FCU evaluated the comments and has to your member after the lease has been based on the circumstances of the incorporated many of the suggested executed between a third party and your leasing arrangement. Another changes. Due to these changes to the member’’ by adding the phrase ‘‘except commenter stated that the full original proposed leasing regulation, the as provided in § 714.3,’’ substituting the assignment requirement was Board has decided to issue a second word ‘‘having’’ for the second ‘‘leasing,’’ unnecessary because sales of or liens in proposed leasing regulation for and inserting the word ‘‘leased’’ after leases are subject to Uniform additional comments. the word ‘‘property.’’ The NCUA Board Commercial Code (UCC) perfection rules. This commenter contended that a C. Format has added the phrase, ‘‘except as provided in § 714.3.’’ The NCUA Board full assignment would not protect an In drafting the proposed leasing believes that adding this cross-reference FCU if a leasing company went regulation, the NCUA Board chose to points the reader to a permissible form bankrupt unless the full assignment had use a plain English, question and of indirect leasing which allows for title been perfected. In addition, one answer format. The Board supports in the leased property to remain with a commenter expressed concern that, if a plain English as a means to increase third party. However, the NCUA Board full assignment is required, leasing regulatory comprehension and improve has not incorporated the commenter’s companies might refuse to do business compliance among those affected by the other suggested changes. The NCUA with FCUs since they would not retain regulation. Plain English drafting Board wants the regulation to state ownership of the leases. The commenter emphasizes the use of informative clearly that an FCU, not another party, stated that leasing companies receive headings (often written as a question), is to lease the personal property to its certain tax benefits from lease lists and charts where appropriate, non- member. The commenter’s suggested ownership and that, without those tax technical language, and sentences in the changes would imply otherwise. benefits, leasing companies may have active voice. The NCUA wrote this In addition, the NCUA Board has no incentive to do business with FCUs. proposed regulation as a series of added the text of prior § 714.6 to this Three commenters were against questions and answers. The word ‘‘you’’ section. Section 714.6 stated that an requiring an FCU to obtain a power of in an answer refers to an FCU. FCU can engage in either closed-end or attorney. Two of the commenters stated Most commenters favored the NCUA open-end leasing, that is, either an FCU that such a decision should be made by Board’s use of the question and answer can assume the risk for the difference an FCU’s attorney based on the (Q&A) style. One commenter, however, between the estimated residual value circumstances of the FCU’s leasing thought that Q&A style increased the and the actual value of property at lease arrangement. Further, one of these potential for misunderstanding and end or the lessee can assume the risk. commenters stated that a power of confusion. The NCUA Board agrees that Also, one commenter noted that the attorney is unnecessary because Article some regulations are more appropriate phrase ‘‘relied upon residual value’’ 9 of the Uniform Commercial Code than others for Q&A. The NCUA Board should be replaced with the phrase provides an FCU with the right to take believes that Q&A works well in the ‘‘estimated residual value.’’ The NCUA possession and dispose of collateral context of the leasing regulation. Board made this change for consistency upon a default without a power of D. Section-by-Section Analysis and accuracy. attorney. In addition, one commenter stated that a power of attorney provides Proposed Section 714.1—What Does Proposed Section 714.3—Must You Own little protection to an FCU in the face of This Part Cover? the Leased Property? a leasing company bankruptcy. The Section 714.1 of the proposed Section 714.3 of the proposed commenter suggested that obtaining a regulation stated that Part 714 covers regulation states that an FCU does not security agreement that grants an FCU a the standards and requirements that an have to own the leased property in an sole lien position in the leased property FCU must follow when engaged in the indirect leasing arrangement if three with the right to foreclose in the event lease financing of personal property. requirements are met: (1) The FCU of a default would be more beneficial. One commenter suggested that the term receives a full assignment of the lease; The Board has reconsidered this form ‘‘lease financing’’ be replaced with (2) the FCU is named as the sole of indirect leasing in light of these ‘‘transactions involving leasing.’’ The lienholder of the property; and (3) the comments and the recent bankruptcy of commenter believes that there is a FCU receives an unconditional, a leasing company (Security Excel distinction between the terms ‘‘leasing’’ irrevocable power of attorney to transfer Corporation, No. 96–32410 (Bankr. N.D. and ‘‘financing,’’ thus, using the term title in the leased property to itself. Ind.) (hereinafter Security Excel). In ‘‘lease financing’’ may lead to The commenters supported the NCUA Security Excel, a bankruptcy that confusion. The NCUA Board agrees with Board’s decision not to require that an affected several credit unions, the the commenter and has changed ‘‘lease FCU own the leased property in an trustee argued that the leasing company, financing’’ to ‘‘leasing.’’ indirect leasing arrangement. One not the FCU, owned both the leases and commenter noted that owning the the leased property. The trustee further Proposed Section 714.2—What Are the leased property is not necessary since, argued that the FCU had no security Permissible Leasing Arrangements? in a loan or credit sale, an FCU does not interest in either the leases or the leased Section 714.2 of the proposed own the underlying asset, but only has property and, in the alternative, that regulation stated that FCUs may engage a lien. Three commenters contended whatever security interests might exist

VerDate 12-OCT-99 15:28 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\15OCP1.XXX pfrm03 PsN: 15OCP1 55868 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules were not properly perfected. Ultimately, to the claims of a bankruptcy trustee Proposed Section 714.4—What Are the the Security Excel case was settled, at acting on behalf of a leasing company Lease Requirements? some significant expense to certain that becomes bankrupt. The Board notes Section 714.4 states that leases must credit unions. that an assignment of various rights be net, full payout leases, with a As demonstrated in Security Excel, under a lease, such as the right to maximum estimated residual value of leasing arrangements that involve receive payments, is not the same as a 25% of the original cost of the leased leaving title to the leased property in the full assignment of the lease. There are property unless guaranteed. One name of the a third-party leasing varying ways that an acceptable commenter suggested that the NCUA company are complex and may involve assignment may be drafted. Some Board revise the description of net lease significant risks to the FCU. In most of examples are: ‘‘Leasing Company to allow FCUs to finance certain dealer these leasing company arrangements, assigns this lease to ABC Federal Credit included services, including mechanical the NCUA Board understands that the Union’’ or ‘‘Leasing Company makes a breakdown protection, credit life and FCU finances the full, or close to the full assignment of this lease to ABC disability premiums, and license and full, value of the leased property and Federal Credit Union’’ or ‘‘Leasing that the FCU will ultimately recover its registration fees. The Board does not Company conveys all of its right, title, believe that these dealer services, which full investment only if it collects all the and interest in this lease to ABC Federal lease payments and recoups all the are generally additional services Credit Union.’’ Language that purports purchased by a lessee to satisfy his or proceeds from the leasing company’s to assign only one or more particular post-lease sale of the property. The FCU her obligations under the ‘‘net’’ lease rights or remedies under the lease concept, should be financed. The Board must be concerned about both the credit would not constitute a full assignment worthiness of the member and the notes that these costs, if financed by the of the lease and so is unacceptable. solvency of the leasing company. In the credit union, may raise safety and event of insolvency of one or both Second, the FCU must be the sole soundness issues, particularly if the parties, the FCU must be able to enforce lienholder of the leased property. This lessee has made little or no down its right to payment under the lease and, language is consistent with IRPS 83–3, payment and so there is no value in the if necessary, its right to secure and requiring that the lease must be the collateral to secure the financing of dispose of the property as the collateral functional equivalent of a secured loan. these particular services. One commenter stated that the securing receipt of both lease payments Third, the FCU must enter into a and proceeds due from the post-lease wording used to describe the full payout security agreement with the leasing requirement was confusing and failed to property sale. company to protect the FCU’s lien on The fact that the FCU has no authority specify an FCU’s source of recovery to the property. The security agreement meet the requirement. The NCUA Board to lend money to a nonmember leasing must describe the FCU’s interest in the company that is not a credit union agrees with the commenter and has property. It must set forth the terms and added a sentence stating that an FCU’s service organization further complicates conditions upon which the leasing these arrangements. For example, the source of recovery will come from the company or the member may be in lessee’s payments and the residual value FCU must ensure that, despite the lack default and thus entitle the FCU to take of a creditor-debtor relationship with of the leased property at the expiration immediate possession of the property of the lease term. the leasing company, the FCU has a and dispose of it. The security well-defined security interest in the Five commenters wanted the NCUA agreement must be signed by the leasing Board to raise the estimated residual leased property. In addition, the FCU company. The FCU must also take any must make sure that its rights in the value limit. These commenters believed further steps necessary to ensure that its that the 25% estimated residual value leased property and its ownership of the security is properly perfected to protect lease are properly recorded so as to limit was restrictive and placed FCUs at the FCU should the leasing company be a disadvantage against other lenders that perfect those rights against bankruptcy forced into bankruptcy. Thus, for trustees and other third-party creditors. were not required to obtain a guarantee example, if the leased property To take another example, a vehicle when an estimated residual value constitutes the lessor’s inventory under owned by a leasing company may be greater than 25% was used. Further, the state law, perfection may require filing considered as ‘‘inventory’’ under the five commenters suggested that the with the appropriate state agency, such relevant commercial codes, and NCUA Board allow FCUs to self-insure as the Secretary of State. See the protection of a security interest in such against the increased risk associated Uniform Commercial Code, 9–302 and inventory may well require steps with a higher estimated residual value. 9–401. beyond recording the lien on the One commenter suggested that the certificate of title and filing the The NCUA Board believes that a NCUA Board allow FCUs to set their certificate with the department of motor power of attorney may be unnecessary own estimated residual values as long as vehicles. for an FCU holding a well-defined and the combination of residual value In light of these issues, the legal perfected security interest in the leased insurance, manufacturer guarantees, and arguments advanced in Security Excel, property. In the event of a default by residual value reserves for loss and the comments received on our leasing company or lessee, the FCU maintained over the life of the leases is previously proposed § 714.3, the NCUA should be able to take possession and sufficient to cover the residual value Board is proposing that an FCU that dispose of the collateral without the risks assumed. does not own the leased property must power of attorney. Thus, the new The NCUA Board believes that the take certain precautions. proposed rule no longer contains any risks associated with leasing are First, the FCU must receive a full requirement for a power of attorney. The substantially reduced due to the 25% assignment of the lease, meaning that Board notes, however, that the proposed limit placed on estimated residual the FCU must become the owner of the rule does not prohibit an FCU from values and has not raised the limit. The lease. The NCUA Board believes that, if employing a power of attorney, in NCUA Board notes that the Office of the an FCU receives a full assignment of a addition to a security agreement, as the Comptroller of the Currency (OCC) has lease and the assignment is properly FCU sees fit in any particular leasing very similar rules on estimated residual recorded, the lease should not be subject arrangement. values. The OCC places a 25%

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.033 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55869 estimated residual value limit on bank lessee or monitor the lessee’s protect FCUs. Section 714.7(b) states leases, and requires banks to guarantee creditworthiness and capacity to meet that the lessee is to carry liability or estimated residual values in excess of the guarantee. However, the NCUA collateral protection insurance on the the 25% limit. 12 CFR 23.21(a)(2). Board has revised § 714.5 to allow any leased property. The NCUA Board The Board also notes that the purpose financially capable party to guarantee intended that both liability and of the leasing regulation is to facilitate the estimated residual value. Thus, a collateral protection insurance were to a consumer financing transaction with a lessee, if properly qualified, could be purchased, and has changed the member that is roughly the equivalent of guarantee the estimated residual value. word ‘‘or’’ to ‘‘and.’’ In addition, one a secured loan. In the closed-end lease This approach is consistent with IRPS commenter stated that, for the most part, arrangement, which is the most 83–3. FCUs are named as the loss payee on a common arrangement, the member In addition, four commenters were physical damage coverage policy and as lessee is not liable to the FCU for the against requiring insurance companies the additional insured on a liability payment of the residual value at the end guaranteeing estimated residual values insurance policy and this should be of the lease. As the estimated residual to have at least a B+ rating. These reflected in the proposed leasing value increases, the member’s financial commenters believed that such a regulation. The NCUA Board has responsibility to the FCU, as a percent requirement was unnecessary and noted adopted the commenter’s changes. of the FCU’s total investment, decreases that the OCC’s leasing regulation did not correspondingly. If the NCUA Board establish such a requirement. The Proposed Section 714.8—What Rate of were to permit significantly higher NCUA Board believes that establishing Interest May Be Charged Under a Lease? estimated residual value amounts, a a minimum rating standard ensures that Section 714.8 stated that an FCU lease transaction would lose its the institutional guarantor has the engaged in leasing may charge an character of being substantially resources to meet the guarantee. interest rate higher than the usury limit equivalent to secured lending to its The NCUA Board has amended the set for FCUs engaged in lending. One member. Instead, the credit union rating requirement to read ‘‘The commenter stated that § 714.8 reflects a would be dependent on the sale of the guarantor may also be an insurance misunderstanding of leases since leases vehicle to recoup a significant part of its company with an A.M. Best rating of at do not have interest rates, only an investment, and so would be in a least a B+, or with the equivalent of at implicit rate which may or may not be business very similar to used car sales. least an A.M. Best B+ rating from received depending on the ultimate Credit unions may not engage in the another major rating company.’’ This residual recovery. The NCUA Board has business of selling cars. See M&M amendment clarifies the source of the reworded this section to eliminate the Leasing Corporation v. Seattle First B+ rating and specifies that ratings from confusion. The Board also added National Bank, 563 F.2d 1377 (9th Cir. other rating companies may be used to language to clarify that 12 CFR 1977), cert. denied, 436 U.S. 958 (1978). establish financial capability. 701.21(c)(6), prohibiting penalties for early payment, does not apply to leasing Proposed Section 714.5—What Is Proposed Section 714.6—Are You arrangements. Early termination is Required if an Estimated Residual Value Required To Retain Salvage Powers governed by the Consumer Leasing Act, Greater Than 25% Is Used? Over the Leased Property? 15 U.S.C. 1667–67f, and Regulation M, Section 714.5 of the proposed Section 714.6 states that an FCU must 12 CFR part 213. regulation incorrectly stated the retain salvage powers over the leased guarantee requirement when the property. One commenter suggested that Proposed Section 714.9—When Engaged estimated residual value exceeds 25% of the NCUA Board add the language in Indirect Leasing, Must You Comply the original cost of the leased property. ‘‘pursuant to your contractual rights’’ With the Purchase of Eligible Obligation In issuing the proposed regulation, the contained in subsection (b) to Rules Set Forth in § 701.23 of This Board’s intention was to adopt the subsection (a) which sets forth a credit Chapter? leasing policy and requirements as union’s salvage powers. The NCUA Section 714.9 states that an FCU may contained in IRPS 83–3. Proposed Board does not believe that this participate in indirect leasing § 714.5 incorrectly stated that, if a additional language is needed and has arrangements under its authority to residual value greater than 25% was left this section unchanged. However, make loans. The NCUA Board intended used, the full estimated residual value of the NCUA Board has deleted the § 714.9 to inform FCUs that their the leased property must be guaranteed. reference to the assignment of ‘‘a participation in an indirect leasing Five commenters noted that a guarantee vendor’s interest in a lease’’ in arrangement does not subject them to of the full value should not be required. § 714.6(b). The FCU must receive an the purchase of eligible obligation rules. IRPS 83–3 requires that only the assignment of the entire lease as However, two commenters stated that estimated residual value above 25% of required by § 714.3(a). § 714.9 was unclear. Thus, the NCUA the original cost be guaranteed and, in Board has added language to clarify this Proposed Section 714.7—What Are the this second proposed regulation, this section and has changed the section Insurance Requirements Applicable to section now reflects the requirement as title. stated in IRPS 83–3. Leasing? One commenter suggested revising Section 714.7(a) requires an FCU to Proposed Section 714.10—What Other § 714.5 to permit others parties, in maintain a contingent liability Laws Must You Comply With When addition to a manufacturer or insurance insurance policy if it owns the leased Engaged in Leasing? company, to guarantee the estimated property or, if it does not, it must be Section 714.10 sets forth the residual value. IRPS 83–3 allowed the named as the co-insured. One additional laws that an FCU must manufacturer, the lessee, or third party commenter suggested that the NCUA comply with when engaged in leasing. not affiliated with the FCU to guarantee Board also require an FCU to obtain One commenter requested that the the estimated residual value. The excess liability insurance as well as the NCUA Board clarify whether FCUs are proposed regulation eliminated the contingent liability insurance. The subject to state leasing disclosure laws. lessee as a guarantor on the basis that it NCUA Board believes that such The NCUA Board amended § 714.10 to would be difficult to collect from a additional insurance is not needed to point out that credit unions must

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.034 pfrm02 PsN: 15OCP1 55870 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules comply with the Consumer Leasing Act number of small credit unions. Most 714.5 What is required if an estimated (the Leasing Act). 15 U.S.C. 1667–67f. small credit unions do not offer lease residual value greater than 25% is used? Section 1667e of the Leasing Act financing arrangements to their 714.6 Are you required to retain salvage generally requires that lessors comply members. Accordingly, a regulatory powers over the leased property? 714.7 What are the insurance requirements with state leasing laws if the state law flexibility analysis is not required. applicable to leasing? is not in conflict with the Leasing Act Paperwork Reduction Act 714.8 Are the early payment provisions, or or provides greater consumer protection interest rate provisions, applicable in than the Leasing Act. The Board also The NCUA Board has determined that leasing arrangements? notes that, with regard to federal and the requirement in § 714.5 that an FCU 714.9 Are indirect leasing arrangements state lending laws, the proposed must obtain or have on file statistics subject to the purchase of eligible language of § 714.10 requires documenting that a guarantor has the obligation limit set forth in § 701.23 of compliance with § 701.21 of this resources to meet an estimated residual this chapter? chapter. Subsection 701.21(b) discusses value guarantee constitutes a collection 714.10 What other laws must you comply with when engaged in leasing? the applicability of other federal and of information under the Paperwork state lending laws in some detail. Reduction Act. The NCUA Board Authority: 12 U.S.C. 1756, 1757, 1766, 1785, 1789. Another commenter stated that the estimates that it will take an average of disclosure requirements of Regulation M one to two hours to acquire, maintain, § 714.1 What does this part cover? are cumbersome and not easily and evaluate such documentation. The This part covers the standards and understood, thus, NCUA should NCUA Board estimates that requirements that you, a federal credit simplify the leasing disclosure approximately 750 FCUs are engaged in union, must follow when engaged in the requirements and employ something leasing, so that the total annual leasing of personal property. similar to the ‘‘fed box’’ used for truth- collection burden is estimated to be no in-lending disclosures. The Board notes more than 1500 hours. The NCUA Board § 714.2 What are the permissible leasing that there are already model disclosure submitted a copy of this rule to the arrangements? forms in the appendix to Regulation M, Office of Management and Budget (a) You may engage in direct leasing. and these forms set out leasing (OMB) for its review. OMB assigned In direct leasing, you purchase personal disclosures in a manner similar to the control number 3133–0151 to this property from a vendor, becoming the truth-in-lending ‘‘fed box.’’ information collection. The control owner of the property at the request of number will be displayed in the table at your member, and then lease the E. Additional Comments 12 CFR Part 795. property to that member. Two commenters suggested that the (b) You may engage in indirect NCUA Board address balloon note Executive Order 12612 leasing. In indirect leasing, you programs or guaranteed buy-back Executive Order 12612 requires purchase a lease and, except as programs in the proposed leasing NCUA to consider the effect of its provided in § 714.3, the leased property regulation. The commenters did not actions on state interests. The proposed for the purpose of leasing such property provide any details explaining the regulation only applies to federal credit to your member after the lease has been balloon note or guaranteed buy-back unions. The NCUA Board has executed between a third party and your programs. determined that the proposed regulation member. The primary distinction between a does not constitute a significant (c) You may engage in open-end loan and a lease is who owns the regulatory action for the purposes of the leasing. In an open-end lease, your underlying property. In a loan, the Executive Order. member assumes the risk and borrower owns the property and the responsibility for any difference in the lender is a lienholder. In a lease, the G. Agency Regulatory Goal estimated residual value and the actual borrower-lessee has no ownership or NCUA’s goal is to promulgate clear value of the property at lease end. lienhold interest in the property. and understandable regulations that (d) You may engage in closed-end Accordingly, it is the NCUA Board’s impose minimal regulatory burden. We leasing. In a closed-end lease, you position that programs which involve request your comments on whether the assume the risk and responsibility for loans and not leases are significantly proposed amendment is understandable any difference in the estimated residual different from leasing arrangements, and and minimally intrusive if implemented value and the actual value of the should not be addressed in a leasing as proposed. property at lease end. regulation. List of Subjects in 12 CFR Part 714 § 714.3 Must you own the leased property However, the NCUA Board would like in an indirect leasing arrangement? to note, as stated in legal opinion letters, Credit unions, Leasing. You do not have to own the leased that balloon note or guarantee buy-back By the National Credit Union property in an indirect leasing programs giving any borrower on a loan Administration Board on October 6, 1999. arrangement if: the option of returning property directly Becky Baker, (a) You obtain a full assignment of the to the FCU at the end of the financing Secretary to the Board. lease. A full assignment is the period are impermissible. Programs that assignment of all the rights, interests, authorize the borrower to turn the Accordingly, NCUA proposes to add obligations, and title in a lease to you, property into a third party for Part 714 to read as follows: that is, you become the owner of the liquidation and cash recoupment may PART 714ÐLEASING lease; be acceptable. (b) You are named as the sole Sec. lienholder of the leased property; F. Regulatory Procedures 714.1 What does this part cover? (c) You receive a security agreement, Regulatory Flexibility Act 714.2 What are the permissible leasing arrangements? signed by the leasing company, granting The NCUA Board certifies that the 714.3 Must you own the leased property in you a sole lien in the leased property proposed regulation will not have a an indirect leasing arrangement? and the right to take possession and significant impact on a substantial 714.4 What are the lease requirements? dispose of the leased property in the

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.035 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55871 event of a default by the lessee, a default (b) As the assignee of a lease, to except as provided in § 714.8 and in the leasing company’s obligations to become the owner and lessor of the § 714.9 of this part. The lending rules in you, or a material adverse change in the leased property pursuant to your § 701.21 address the preemption of leasing company’s financial condition; contractual rights, or take any other state and federal laws that impact and reasonable and appropriate action to on credit transactions. (d) You take all necessary steps to salvage or protect the value of the [FR Doc. 99–26717 Filed 10–14–99; 8:45 am] record and perfect your security interest property or your interests arising under BILLING CODE 7535±01±P in the leased property. Your state’s the lease. Commercial Code may treat the automobiles as inventory, and require a § 714.7 What are the insurance NATIONAL CREDIT UNION filing with the Secretary of State. requirements applicable to leasing? ADMINISTRATION (a) You must maintain a contingent § 714.4 What are the lease requirements? liability insurance policy with an 12 CFR Parts 724 and 745 (a) Your lease must be a net lease. In endorsement for leasing or be named as a net lease, your member assumes all the co-insured if you do not own the Trustees and Custodians of Pension the burdens of ownership including leased property. Contingent liability Plans; Share Insurance and Appendix maintenance and repair, licensing and insurance protects you should you be AGENCY: National Credit Union registration, taxes, and insurance; sued as the owner of the leased Administration. (b) Your lease must be a full payout property. You must use an insurance ACTION: Notice of proposed rulemaking. lease. In a full payout lease, you must company with a nationally recognized reasonably expect to recoup your entire industry rating of at least a B+. SUMMARY: The National Credit Union investment in the leased property, plus (b) Your member must carry the Administration (NCUA) proposes to the estimated cost of financing, from the normal liability and collateral revise its rules regarding a federal credit lessee’s payments and the estimated protection insurance on the leased union’s authority to act as trustee or residual value of the leased property at property. You must be named as an custodian of pension plans. The the expiration of the lease term; and additional insured on the liability proposal permits federal credit unions (c) Your estimated residual value may insurance policy and as the loss payee in a territory, including the trust not exceed 25% of the original cost of on the collateral protection insurance territories, or a possession of the United the leased property unless the amount policy. States, or the Commonwealth of Puerto above 25% is guaranteed. Estimated Rico, to offer trustee or custodian residual value is the projected value of § 714.8 Are the early payment provisions, services for Individual Retirement the leased property at lease end. or interest rate provisions, applicable in Accounts (IRAs), where otherwise Estimated residual value must be leasing arrangements? permitted. reasonable in light of the nature of the You are not subject to the early leased property and all circumstances payment provisions set forth in DATES: Comments must be received on relevant to the leasing arrangement. § 701.21(c)(6) of this chapter. You are or before December 14, 1999. also not subject to the interest rate ADDRESSES: Direct comments to Becky § 714.5 What is required if an estimated provisions in § 701.21(c)(7). Baker, Secretary of the Board. Mail or residual value greater than 25% is used? hand-deliver comments to: National You may use an estimated residual § 714.9 Are indirect leasing arrangements Credit Union Administration, 1775 value greater than 25% of the original subject to the purchase of eligible Duke Street, Alexandria, Virginia cost of the leased property if a obligation limit set forth in § 701.23 of this 22314–3428. Fax comments to (703) chapter? financially capable party guarantees the 518–6319. E-mail comments to amount above 25% of the original cost Your indirect leasing arrangements [email protected]. Please send of the property. The guarantor may be are not subject to the purchase of comments by one method only. eligible obligation rules set forth in the manufacturer. The guarantor may FOR FURTHER INFORMATION CONTACT: § 701.23 of this chapter if: also be an insurance company with an Dianne M. Salva, Staff Attorney, (a) You review the lease and other A.M. Best rating of at least a B+, or with Division of Operations, Office of documents to determine that the at least the equivalent of an A.M. Best General Counsel, at the above address or arrangement complies with your leasing B+ rating from another major rating telephone: (703) 518–6540. company. You must obtain or have on polices; and SUPPLEMENTARY INFORMATION: NCUA has file financial documentation (b) You receive a full assignment of received many inquiries concerning the demonstrating that the guarantor has the the lease no more than five business permissibility of federal credit unions resources to meet the guarantee. days after it is signed by your member and a leasing company. (FCUs) in Puerto Rico offering IRA § 714.6 Are you required to retain salvage services to members. In the past, the powers over the leased property? § 714.10 What other laws must you comply agency has responded that FCUs in You must retain salvage powers over with when engaged in leasing? Puerto Rico cannot provide the trustee the leased property. Salvage powers You must comply with the Consumer services attendant to an IRA account. protect you from a loss and provide you Leasing Act, 15 U.S.C. 1667–67f, and its Part 724 of NCUA’s regulations permits with the power to take action if there is implementing regulation, Regulation M, FCUs to serve as trustees for IRA an unanticipated change in conditions 12 CFR part 213. You must comply with accounts only if the IRA accounts that threatens your financial position by state laws on consumer leasing, but only qualify for specific tax treatment under significantly increasing your exposure to the extent that the state leasing laws the Internal Revenue Code (IRC), and if to risk. Salvage powers allow you: are consistent with the Consumer they are created or organized in the (a) As the owner and lessor, to take Leasing Act, 15 U.S.C. 1667e, or provide United States. Part 724 has its roots in reasonable and appropriate action to the member with greater protections or the Employee Retirement Income salvage or protect the value of the benefits than the Consumer Leasing Act. Security Act of 1974 (ERISA). ERISA property or your interests arising under You are also subject to the lending rules amended the IRC so that federally- the lease; or set forth in § 701.21 of this chapter, insured credit unions were recognized

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.037 pfrm02 PsN: 15OCP1 55872 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules as permissible trustees or custodians of 408(a). IRS regulations provide a the authority to offer these accounts is Keogh plans and IRAs. ERISA, Pub. L. definition of the United States limited to incidental to the FCU’s authority to 93–406, § 1022(f) (1974). However, the States and the District of Columbia. issue share accounts and share unlike banks and savings and loans, 26 U.S.C. 7701(a)(9). The internal certificates. 12 U.S.C. 1757(6). credit unions did not have other revenue laws of the United States are Therefore, FCUs in Puerto Rico are statutory authority to act as trustees; yet generally inapplicable in Puerto Rico. authorized by the incidental powers there was significant interest among 48 U.S.C. 734. This effectively excludes clause of the FCUA to offer IRAs created credit unions in providing these trust IRAs created in the Commonwealth of under PRITA. But, the authority must be services. NCUA reasoned that the Puerto Rico from the application of equally narrow as that granted to FCUs incidental powers clause of the Federal these provisions of the IRC and, offering IRA trust services in the United Credit Union Act (FCUA), together with therefore, excludes federal credit unions States. That is, the initial contribution to the IRC, made it possible for credit in Puerto Rico from benefiting from the the plan must be made to a share or unions to perform the trustee and authority granted by 12 CFR part 724. share certificate account, and the FCU custodial function recognized by the For some U.S. territories, such as Guam, may engage only in custodial duties IRC. But this finding was narrowly the United States Code specifically with no exercise of investment drawn; credit unions would not be extends the income tax laws of the discretion or advice. After the initial authorized to provide general United States to the territory, with the contribution is made to a share account, discretionary trustee services and they modification that ‘‘Guam’’ be members must direct any subsequent were not to act as trustees in cases other substituted for the term ‘‘United States’’ transfer of the funds at their own risk. than pension plans. Further, NCUA in the territorial version of the law. 48 The NCUA Board has further found determined that funds held in trust U.S.C. 1421i. The Northern Mariana that, for insurance purposes, PRITA– would be limited to share and share Islands are the beneficiary of a similar IRAs will be treated like IRAs created in certificate accounts. arrangement. 48 U.S.C. 1681. The net the United States. The present vested In 1985, NCUA published Interpretive effect of this is that IRAs can be ascertainable interest of the participant Ruling and Policy Statement 85–1 (IRPS established in these territories. The will be insured up to $100,000 85–1) in which it clarified its position Virgin Islands, on the other hand, are separately from other accounts of the that FCUs were permitted to act as subject to the IRC, but without the participant or designated beneficiary. trustees or custodians of IRA or Keogh modification that ‘‘Virgin Islands’’ be plans established under the IRC, as long substituted for the term ‘‘United States.’’ Medical Savings Accounts as the initial contribution to the plan 48 U.S.C. 1397. This operates to prevent In the future, the NCUA Board may was made to a share or share certificate credit unions in the Virgin Islands from consider a further amendment of part account and the FCU would engage only offering IRAs, because they cannot meet 724 to authorize FCUs to serve as in custodial duties with no exercise of the IRC requirement that an IRA trust be trustees for medical savings accounts investment discretion or advice. After created or organized in the United (MSAs). An MSA is another type of tax- the initial contribution was made to a States. deferred product which requires limited share account, the IRA or Keogh was The Puerto Rico Internal Revenue trustee services, similar to those ‘‘self-directed’’ so that members could Code of 1994 (PRITA) is similar to the required for an IRA. The Internal order subsequent transfers at their own IRC. Like the IRC, the PRITA provides Revenue Service (IRS) is currently risk. The preamble to IRPS 85–1 briefly for a tax-deferred, individual retirement conducting a pilot program to permit retraced the history of FCU authority to account for its citizens and, like the IRC, financial institutions, including credit serve as trustees of IRA and Keogh recognizes insured FCUs as permissible unions, to offer MSAs. On February 20, plans. It cites the ERISA amendment to trustees for PRITA–IRAs established 1998, NCUA issued Letter to Credit the IRC recognizing FCUs as permissible under Puerto Rican law. P.R. Laws Ann. Unions No. 98–CU–5, which stated that trustees as the catalyst for the NCUA Tit. 13, § 8569 (1995). However, because NCUA considered MSAs to be insured Board’s finding that FCUs were NCUA’s regulation tracks the language member accounts, but that FCUs could authorized to act as trustees. However, of the IRC, which requires such trusts to not act as an MSA custodian or trustee. it credits a 1978 amendment to the be created in the United States, FCUs in The IRS pilot program will be FCUA, which added a section covering Puerto Rico have been unable to meet completed in 2000, and it is possible in share insurance of IRA and Keogh plans, their members’ demands for PRITA–IRA the near future legislation authorizing it as providing the statutory authority for trustee services. on a permanent basis may be adopted. FCUs to serve as trustees. 50 FR 48,176, The NCUA Board believes that FCUs If and when the full contours of a Nov. 22, 1985. in Puerto Rico should also be permitted In 1990, NCUA amended its pension to offer PRITA–IRAs to their members. permanent MSA program are trustee regulation, now redesignated 12 While the FCUA does not grant FCUs announced, the NCUA Board will CFR part 724, to incorporate IRPS 85– plenary trust powers, it does permit determine whether it will make any 1. In 1997, IRPS 85–1 was rescinded. them to exercise such incidental powers additional amendments to the Because of the strict limitations as are necessary to carry on their regulations. imposed on the trustee services FCUs business. 17 U.S.C. 1757(17). When an Regulatory Procedures offer members in connection with these FCU serves as a trustee for a member’s types of accounts, NCUA has not IRA share or share certificate account, it Paperwork Reduction Act encountered significant safety and does not exercise the powers normally This regulation, if adopted, will soundness concerns related to IRA or associated with a trust account. Given impose no additional information Keogh accounts. that the discretion exercised by an FCU collection, reporting or record keeping Today, the policy, as stated in 12 CFR as trustee for this type of account is so requirements. part 724, still permits FCUs to offer limited, the function of the FCU as IRAs and Keogh accounts created in trustee is not significantly different from Regulatory Flexibility Act accordance with the IRS Code. It is the its function as the issuer of share Pursuant to section 605(b) of the IRC that requires such trust accounts be accounts and share certificates. Based Regulatory Flexibility Act (RFA) (5 created in the United States. 26 U.S.C. on the foregoing, the Board finds that U.S.C. 605(b)), NCUA certifies that this

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.020 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55873 proposed rule will not have a significant U.S.C. 401(d), 408, 408A and 530), for clarifying language in the small business economic impact on a substantial its members or groups of members, size regulations about affiliation when a number of small entities. NCUA expects provided the funds of such plans are Professional Employer Organization that this proposal will not: (1) have invested in share accounts or share (PEO) is co-employer of a firm’s significant secondary or incidental certificate accounts of the federal credit employees. effects on a substantial number of small union. Federal credit unions located in DATES: Submit comments on or before entities; or (2) create any additional a territory, including the trust December 14, 1999. burden on small entities. These territories, or a possession of the United ADDRESSES: conclusions are based on the fact that States, or the Commonwealth of Puerto Send comments to Gary M. the proposed regulations merely extend Rico, are also authorized to act as Jackson, Assistant Administrator for the authority to offer a service to trustee or custodian for such plans, if Size Standards, 409 3rd Street, S.W., members. Accordingly, a regulatory authorized under sections 401(d), 408, Mail Code 6880, Washington D.C. flexibility analysis is not required. 408A and 530 of the Internal Revenue 20416. SBA will make all public Code as applied to the territory or comments available to any person or Executive Order 12612 possession or under similar provisions entity upon request. This regulation, if adopted, will only of territorial law. * ** FOR FURTHER INFORMATION CONTACT: apply to federal credit unions. Patricia B. Holden, Office of Size PART 745ÐSHARE INSURANCE AND Standards, (202) 205–6618 or (202) 205– Agency Regulatory Goal APPENDIX 6385. NCUA’s goal is to promulgate clear SUPPLEMENTARY INFORMATION: SBA and understandable regulations that 3. The authority citation for part 745 continues to read as follows: received requests from the public to impose minimal regulatory burden. We review the size standard for the Help request your comments on whether the Authority: 12 U.S.C. 1752(5), 1757, 1765, Supply Services industry (SIC 7363). 1766, 1781, 1782, 1787, 1789. proposed amendment is understandable These requests express concern that the and minimally intrusive if implemented 4. Amend § 745.9–2 by revising the size standard has not kept pace with the as proposed. first sentence of paragraph (a) to read as rapid growth in the industry due in part List of Subjects follows: to the trends of outsourcing and § 745.9±2 IRA/Keogh accounts. downsizing. The industry has changed 12 CFR Part 724 in two ways; help supply firms are Credit unions, Pensions, Trusts and (a) The present vested ascertainable larger and they are providing a wider trustees. interest of a participant or designated range of personnel to businesses. One beneficiary in a trust or custodial request also urged SBA to allow help 12 CFR Part 745 account maintained pursuant to a supply firms to exclude funds collected Credit unions, Pensions, Share pension or profit-sharing plan described for and remitted to unaffiliated third insurance, Trusts and trustees. under section 401(d) (Keogh account) or parties from gross receipts, as is sections 408(a), 408A or 530 (IRA) of the currently done for travel agents, real By the National Credit Union Internal Revenue Code or similar Administration Board on October 6, 1999. estate agents, and others, since 60 provisions of law applicable to a U.S. percent to 85 percent of revenues on Becky Baker, territory or possession, will be insured Secretary of the Board. many Federal contracts are ‘‘passed up to $100,000 separately from other through’’ to a firm’s employees or For the reasons set out in the accounts of the participant or associates. preamble, the NCUA proposes to amend designated beneficiary. * ** The current size standard for this 12 CFR chapter VII to read as follows: * * * * * industry, $5 million, is based on gross [FR Doc. 99–26754 Filed 10–14–99; 8:45 am] PART 724ÐTRUSTEES AND billings including funds paid to CUSTODIANS OF PENSION PLANS BILLING CODE 7535±01±P employees (sometimes referred to as ‘‘associates’’). Based on a review of 1. The authority citation for part 724 industry data, SBA proposes increasing continues to read as follows: SMALL BUSINESS ADMINISTRATION the size standard for the Help Supply Authority: 12 U.S.C. 1757, 1765, 1766 and Services industry to $10 million in 1787. 13 CFR Part 121 average annual receipts. SBA does not propose a change to the way average 2. In § 724.1, remove the first sentence Small Business Size Standards; Help annual receipts are calculated for firms and add two sentences in its place to Supply Services read as follows: in the Help Supply Services Industry AGENCY: Small Business Administration. (SIC code 7363). Under SBA’s size § 724.1 Federal credit unions acting as ACTION: Proposed rule. regulations (13 CFR 121.104), the size of trustees and custodians of pension and a firm for a receipts-based size standard retirement plans. SUMMARY: The Small Business is based on information reported on a A federal credit union is authorized to Administration (SBA) proposes a size firm’s Federal tax returns. Generally, act as trustee or custodian, and may standard of $10 million in average receipts reported to the Internal receive reasonable compensation for so annual receipts for Help Supply Revenue Service (IRS) include a firm’s acting, under any written trust Services—Standard Industrial gross receipts or sales from provision of instrument or custodial agreement Classification (SIC) 7363. The current goods or services. As explained below, created or organized in the United size standard for this industry is $5 SBA evaluated this issue and disagrees States and forming part of a pension or million. SBA proposes this revision to that these types of receipts should be retirement plan which qualifies or better define the size of business in this excluded from the calculation of size for qualified for specific tax treatment industry that SBA believes should be firms in this industry. Accordingly, the under sections 401(d), 408, 408A and eligible for Federal small business following discussion explains the 530 of the Internal Revenue Code (26 assistance programs. SBA also proposes reasons for the proposed revision.

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.021 pfrm02 PsN: 15OCP1 55874 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules

Calculation of Average Annual Receipts services. These firms do not act as gross revenue from fees or commissions. Although SBA reviews requests to agents, but as employers. Some firms By contrast, in the travel industry, if the exclude receipts of certain business even provide health and 401K plans. bookings are $1 million, then it can be activities on a case-by-case basis, the Their employees are not unaffiliated inferred that the adjusted gross income structure of the reviews is consistent third parties. Therefore, the dominant to the firm is $100,000 because the with past proposed rules on this issue activity in this industry is not carried industry commission and fee structure (see, e.g., advertising agencies, 57 FR out in a broker or agent-like is standard and well-known. relationship. 38452, and conference management 4. Firms in This Industry Usually planners, 60 FR 57982). The reviews 2. Pass-Through Funds Are Not a Consider Billings as Gross Income identify and evaluate five industry Significant Portion of Total Receipts Firms in the Help Supply Services characteristics under which it might be It is common practice in the industry industry consider funds collected as appropriate to exclude certain funds for the Help Supply Services firm to their own funds even though they face received and later transmitted to an include sufficient funds in a contract to substantial labor costs. The help supply unaffiliated third party: pay the salaries of the workers provided. firm is the one who hires and fires the 1. Does a broker or agent-like These funds are then, indeed, passed employee, negotiating their wages and relationship exist between a firm and a through to the workers just as any firm benefits in the process. Their labor costs third party provider and is that providing any other product charges are reflected in their bids to supply relationship a dominant or crucial enough to cover the cost of labor. But labor. The funds the help supply firm activity of firms in the industry? these funds are not held ‘‘in trust;’’ receives to cover labor costs are 2. Are the pass-through funds instead, they are the firm’s own funds. fundamentally different from funds associated with the broker or agent-like How the supplying firm acquires and received by a real estate agent which relationship a significant portion of the pays for labor is a business decision. must be put into an escrow account, and firm’s total receipts? Size standards should not be are never considered the real estate 3. Consistent with the normal constructed to favor one labor firm’s funds. In fact, the real estate firm business practice of firms in the arrangement over another. This issue would face substantial penalties if the industry, after the pass-through funds often arises when part of a contract is funds are co-mingled with its own are remitted to a third party, is the subcontracted. The contractor has the funds. Not only is the payment structure firm’s remaining income typically option of employing enough workers to different, the relationship is different in derived from a standard commission or do the task and chooses not to do so. the two industries. In principal-agent fee? Funds which are temporarily held in relationships, the agent must, by law, 4. Do firms in this industry usually trust by a firm for remittance to a act in a fiduciary capacity for the consider billings that are reimbursed to airline, government agency, or home principal. SBA is not aware of any other firms as their own income, or do seller are different in several respects, practice or requirement that help supply they prefer to count only receipts that including the fact that the firm does not firms must act as fiduciary for the firm are retained for their own use? have the option/business decision of to which it supplies labor. 5. Do Federal Government agencies, whether or not the home seller, airline, which engage in the collection of or government agency will be an 5. Federal Agencies and Industry statistics, and other industry analysts employee or a subcontractor. It is true Analysts Typically Do Not Represent typically report receipts of the industry (and not unusual) that the funds which Receipts of These Firms on an Adjusted firms on an adjusted receipts basis? are reported to be ‘‘passed through’’ to Receipts Basis SBA’s review of information obtained the associates constitute the majority of Finally, data from the U.S. Bureau of on the Help Supply Services industry the contract revenue. Labor costs in the Census (Census Bureau) on this finds that these characteristics do not most industries are the largest cost. The industry, upon which that SBA exist in the industry. Therefore, an size of the labor costs relative to the evaluates size standards, shows firm assessment of these characteristics does total billing is not a reason to exclude receipts based on gross revenue, not not support the proposal to exclude them from calculation of gross revenues. commission or fee. The survey form funds received in trust for unaffiliated used by the Census Bureau (SV 7306) 3. Remaining Income Is Not Derived third parties from the calculation of a when surveying Help Supply Services From Standard Commission or Fee Help Supply Services firm’s receipts- firms does not specifically instruct them size. The following discussion Real estate agents, travel agents, to report only agency or brokerage summarizes these findings. advertising agencies, and conference commissions or fees as it does on Form planners derive their gross income from UT 4700, page 2, items 1 & 2 (used to 1. No Agent-Like Relationship commissions and fees, whereas most survey firms that arrange transportation The Standard Industrial Classification firms derive their gross income from of freight and cargo and ‘‘Freight Manual (1987) states that this industry pricing their products. Both types of Forwarding (net)’’). encompasses ‘‘establishments primarily industries must then pay labor costs. Thus, the Census Bureau recognizes engaged in supplying temporary or SBA is not aware of any commissions or that the normal arrangement in this continuing help on a contract or fee fees that are standard in the Help industry is to treat all revenue as gross basis. The help supplied is always on Supply Services industry. Contracts income irrespective of labor costs. the payroll of the supplying with and bills to the help supply firms Similarly, the credit reporting firm of establishments, but is under the direct usually reflect charges for labor and Dun and Bradstreet also reports receipts or general supervision of the business to overhead. Overhead, like wages, varies for firms in this industry by gross whom the help is furnished.’’ (See SIC for many reasons, including the types of billings less any discounts or refunds. 7363, page 364.) Types of benefits firms provide their employees None of the five factors support establishments include employee and efficiency of operation. Without treating the Help Supply Services leasing service, fashion show model such an industry standard or practice, it industry like the industries that operate supply services, help supply services, would be impossible to implement a as agents, such as a travel or real estate modeling services, and temporary help size standard based on a firm’s adjusted agency. In fact, evaluation of the factors

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.023 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55875 strongly supports using gross revenue as the industry structure evaluation compete with firms that are clearly the basis for the size standard. Based on characteristics. dominant in the industry. If this factor the findings discussed above, SBA 1. Average firm size is simply total shows the industry to be highly believes it is appropriate to continue to industry revenues (or number of competitive, SBA tends to apply the include all amounts collected on Help employees) divided by the total number anchor. Supply Services contracts when of firms. If an industry has an average 5. Competition for Federal calculating receipts. firm size significantly higher than the procurements and SBA financial average firm size of a group of assistance. SBA also evaluates the Size Standard for the Help Supply comparative industries (in this case, impact of a size standard on its Services industries with the anchor size standard programs and other applications of size Based on requests received from the of $5 million in receipts), this fact may standards to determine whether small public, SBA believes it is appropriate to support establishing a higher size businesses defined under the existing re-evaluate the size standard to see standard than the one in effect for the size standard are receiving a reasonable what, if any, changes in the industry group of related industries. Conversely, level of assistance. This assessment have occurred since the size standard of data showing an industry with a mainly focuses on the proportion or $5 million was established. Based on significantly lower average firm size share of Federal contract dollars that evaluation, SBA proposes a $10 relative to the related group of awarded to small businesses. In general, million size standard for this industry. industries tends to support a lower size the lower the share of Federal contract The following discussion describes standard. dollars awarded to small businesses in SBA’s size standards methodology and 2. The distribution of firms by size an industry which receives significant the evaluation of data on the Help examines the proportion of industry Federal procurement revenues, the Supply Services industry supporting a sales, employment, or other economic greater the justification for a size revision to the current size standard. activity accounted for by firms of standard higher than the existing one. different sizes within an industry. If the Another factor SBA considers when Size Standards Methodology majority of an industry’s output comes evaluating the impact of a proposed size Congress granted SBA discretion to from large firms, this would tend to standard on SBA programs is the establish detailed size standards. SBA support a higher size standard than the volume of guaranteed loans within an generally considers four categories for anchor. The opposite is true for an industry and the size of firms in that establishing and evaluating size industry in which the distribution of industry obtaining loans in SBA’s standards: firms by size indicates that output is financial assistance programs. SBA 1. The structure of the industry and concentrated among the smaller firms in considers this factor when determining its various economic characteristics; an industry. whether or not the current size standard 2. SBA program objectives and the 3. Start-up costs affect a firm’s initial may inappropriately restrict the level of impact of different size standards on size because entrants into an industry financial assistance to firms in that these programs; must have sufficient capital to start a industry. If small businesses receive 3. Whether a size standard viable business. To the extent that firms ample assistance through these successfully excludes those businesses in an industry have greater start-up programs, a change to the size standard which are dominant in the industry; and capital requirements than firms in other (especially if it is already above the 4. Other factors if applicable. industries, SBA is justified in anchor size) may not be appropriate. Other factors may come to SBA’s considering a higher size standard. As a SBA established a size standard of attention during the public comment proxy measure for start-up costs, SBA 500 employees for the manufacturing period or from SBA’s own research on examines the average level of assets for and mining industries at SBA’s the industry. The reason SBA has not firms in an industry. An industry with inception in 1953. Shortly thereafter, adopted a general formula or uniform a relatively high level of average assets SBA established a $1 million size weighting system is to ensure that the per firm as compared with the average standard for the nonmanufacturing factors will be evaluated in context of a assets per firm of the group of industries. These two size standards are specific industry. Below is a discussion comparative industries with a $5 generally referred to as ‘‘a base or of SBA’s analysis of the economic million size standard is likely to be a anchor size standards.’’ The revenue- characteristics of an industry, the capital intensive industry in which based size standards were adjusted for impact of a size standard on SBA start-up costs tend to be higher for firms inflation so that, currently, the anchor programs, and the evaluation of whether entering the industry. For those types of size for the nonmanufacturing a firm at or below a size standard could industries, that circumstance may industries is $5 million. be considered dominant in the industry. support the need for a relatively higher If the structural characteristics of an size standard than the anchor size industry are significantly different from Industry Analysis standard. the average characteristics of industries Paragraphs (a) and (b) of 13 CFR 4. SBA assesses the degree of industry with the anchor size standard, a size 121.102 list evaluation factors which are competition by measuring the standard higher or, in rare cases, lower the primary factors describing the proportion or share of industry sales than the anchor size standard may be structural characteristics of an obtained by firms above a relatively supportable. Only when all or most of industry—average firm size, distribution large firm size. In this proposed rule, the industry data are significantly of firms by size, start-up costs and entry SBA analyzes the proportion of industry smaller than the average characteristics barriers, and degree of industry sales generated by the four largest firms of the anchor group industries, or other competition. While these evaluation in an industry—generally referred to as industry considerations suggest the factors are generally considered the the ‘‘four-firm concentration ratio.’’ If a anchor standard is an unreasonably high most important indicators of industry significant proportion of revenue from size standard, will SBA adopt a size structure, SBA will consider and sales within an industry is concentrated standard below the anchor size evaluate all relevant information that is among a few relatively large producers, standard. helpful in assessing an industry’s size SBA tends to set a higher size standard Excluding agriculture and subsistence standard. Below is a brief description of to assist a broader range of firms to categories, which generally have size

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.024 pfrm02 PsN: 15OCP1 55876 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules standards established by statute, only million is considered an appropriate • Asset data from Dun and seven industries in the revenue-based size standard for that industry. If, Bradstreet’s 1998 Industry Norms and size standards are below the $5 million however, the industry characteristics Key Business Ratios; anchor. None in the manufacturing or significantly differ from the average • Federal contract award data for characteristics of the nonmanufacturing mining industries is below the 500 fiscal years 1997 and 1998 from the U.S. anchor group, then a size standard employee-based size standards. General Services Administration’s above or below $5 million may be For the Help Supply Services industry appropriate. Federal Procurement Data Center; and under review in this proposed rule, SBA • 7(a) Business Loans from SBA’s Evaluation of Industry Size Standard begins by comparing the characteristics database. of the five evaluation factors for this SBA analyzed the size standard for The table below shows the industry to the average characteristics of the Help Supply Services industry by characteristics for the Help Supply the nonmanufacturing industries which comparing the industry’s characteristics have the anchor size standard of $5 with the average characteristics of the Services industry compared to the million (hereafter referred to as the nonmanufacturing anchor group average characteristics for the nonmanufacturing anchor group). If the discussed above. SBA examined nonmanufacturing anchor group. A characteristics of the industry are economic data on the industry using: review of these factors leads to a similar to the average characteristics of • A special tabulation of the 1992 proposed size standard of $10 million the nonmanufacturing anchor group, Economic Census prepared on contract for this industry. then the anchor size standard of $5 by the U.S. Bureau of the Census;

INDUSTRY CHARACTERISTICS OF SIC 7363 COMPARED TO THE NONMANUFACTURING ANCHOR GROUP

Percent of industry sales by firms of Percent of gov't pro- Average Average as- Four-firm curement Category firm size ($ sets per firm concentra- dollars to mil.) <$5Mil. <$10Mil. <$25Mil. ($ mil.) tion ratio small busi- ness

Nonmanufacturing Anchor Group ...... $0.85 51.0 61.0 67.0 $0.5 15.0 21.0 Help Supply Services Industry ...... 2.98 26.3 37.2 52.0 0.56 11.1 10.7

The average firm size in the Help the Help Supply Services industry percent of the total contract dollars Supply Services industry is more than account for only 11 percent of the awarded when the two years are three times larger than the average firm industry revenues, while the four combined. This industry is lagging size of the nonmanufacturing anchor largest-firms in the nonmanufacturing behind those in the anchor group. group. This shows that firms in the Help anchor group account for 15 percent. Also, an increase to the size standard Supply Services industry tend to be This factor shows the industry is for this industry appears reasonable much larger in size than firms in other already highly competitive. based on the distribution of SBA non-manufacturing anchor group and If a few large firms were controlling guaranteed loans under the 7(a) supports a size standard at least $10 a large portion of the industry revenues, program. In fiscal years 1994 through million. then raising the size standard above the 1998, small businesses in the Help The distribution of sales by firm size anchor size standard might help smaller Supply Services industry received a also supports a size standard for this firms compete. However, when the total of 229 loans which averaged industry at least $10 million. Under this industry is already competitive, as this $116,800. The number of 7(a) loans to factor, the proportion of industry sales one is, nothing would be gained in this industry has taken a downward obtained by firms of $5 million and less competitiveness by lowering the size trend in recent years, from 81 in FY in sales, $10 million and less in sales, standard. Therefore, we conclude that 1995 to 25 in FY 1998. The total dollar and $25 million and less in sales is the four-firm concentration ratio does value has also declined during that much smaller than that of firms of the not support a standard either higher or time, from $6,951,029 to $2,651,687. As same size class found for the anchor lower than the anchor. in Federal procurement, the potential nonmanufacturing group. exists to increase 7(a) loans going to this The average assets per firm show that Purpose of and Impact on SBA industry. Both the level of participation the industry is capital intensive, similar Programs in this program and the trend would to the industries in the anchor group, The percent of Federal contract support a $10 million size standard as and thus, would support a size standard dollars awarded to small firms in the one providing a reasonable level of at the anchor of $5 million. However, Help Supply Services industry during assistance to small businesses in this the average assets per firm is not fiscal years 1997 and 1998 is about half industry. substantially different from the anchor as large as the share of Federal Considering these industry structure group and so would not by itself contracting going to small firms within factors and the impact on SBA programs support a standard higher than the the non-manufacturing anchor group. in the aggregate, SBA believes that the present $5 million standard. This supports an increase to the current $10 million size standard is reasonable The four-firm concentration ratio size standard. In fiscal years 1997 and and would provide assistance to firms likewise is similar to, but slightly less 1998, of the 1,049 actions reported by we believe should be eligible as small than, the anchor group characteristic the Federal Procurement Data System, business for this industry. Three of the size standard—no higher than $5 645 (61 percent) went to small firms. industry factors support a size standard million. The four-firm concentration While the 645 actions were 61 percent higher than the non-manufacturing ratio shows that the four largest firms in of the total actions, they were only 10.7 anchor group and two industry factors

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.025 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55877 support a size standard at the anchor the average annual receipts method to For purposes of Executive Order size standard. allow for pass-through funds received 12612, SBA certifies that this rule does for employees (sometimes referred to as not have any federalism implications Dominant in Field of Operation ‘‘associates’’). SBA rejected this warranting the preparation of a Section 3(a) of the Small Business Act alternative because the industry Federalism Assessment. defines a small concern as one that is characteristics are not similar to those For purposes of Executive Order independently owned and operated, not industries which obtain gross revenues 12988, SBA certifies that this rule is dominant in its field of operation, and from commissions and fees. None of the drafted, to the extent practicable, in within detailed definitions or standards five factors used in this evaluation accordance with the standards set forth established by the SBA Administrator. supported making that change. in that order. As part of its evaluation of a size Also, since not all the factors standard, SBA considers whether a supported the same size standard, but List of Subjects in 13 CFR Part 121 business concern at or below a rather indicated a range of possible size Government procurement, recommended size standard would be standards, a second alternative Government property, Grant programs— considered dominant in its field of considered was to select one of the other business, Loan programs—business, operation. This assessment generally sizes from the range, either somewhat Small businesses. considers the market share of firms at a higher or lower than the one proposed. For reasons stated in the preamble, proposed size standard as well as other On balance, and given the SBA proposes to amend 13 CFR part 121 factors that may reveal if a firm can characteristics of the industry, SBA as follows: exercise a major controlling influence considers $10 million the best on a national basis in which significant interpretation of the data and the most PART 121ÐSMALL BUSINESS SIZE numbers of business concerns are supportable standard for this industry. REGULATIONS engaged. SBA welcomes comments on the 1. The authority citation for part 121 SBA has determined that at the proposed size standard for Help Supply continues to read as follows: recommended size standard of $10 Services. If the public can show million, no firm at or below those levels compelling reasons why a different size Authority: 15 U.S.C. 632(a), 634(b)(6), would be of a sufficient size to be standard for this industry should be 637(a), 644(c) and 662(5). dominant in its field of operation. Firms established or that it should weigh one 2. In § 121.103, revise paragraph at the proposed size standard generate factor higher or lower, SBA will (b)(4), to read as follows: less than .02 percent of total industry consider these reasons when developing sales. This level of market share the final rule. SBA would also § 121.103 What is affiliation? effectively precludes any firm from appreciate comments on its position * * * * * exerting a controlling effect on the that it should measure the receipts size (b) * * * industry. of a Help Supply Services firm on gross (4) Business concerns that lease SBA also proposes to add clarifying receipts. employees from concerns primarily language to § 121.103(b)(4). Paragraph engaged in leasing employees to other (b) discusses exclusions from affiliation Compliance With Executive Orders businesses or that enter into a co- rules while paragraph (b)(4) specifically 12612, 12988, and 12866, the employer arrangement with a excludes business concerns that lease Regulatory Flexibility Act (5 U.S.C. Professional Employer Organization employees. We propose to insert 601–612), and the Paperwork (PEO) are not affiliated with the leasing Professional Employee Organizations Reduction Act (44 U.S.C. 3501 et seq.) company or PEO solely on the basis of (PEOs) in this section along with leasing SBA certifies that this rule, if adopted, a leasing agreement. companies. Their relationship with the would not be a significant rule within * * * * * firms to whom they provide employees the meaning of Executive Order 12866 3. In § 121.201, under the DIVISION and staffing services are similar, yet since it will not have an impact of $100 I—SERVICES heading of the ‘‘SIZE questions arise from time-to-time million or more. The total amount of STANDARDS BY SIC INDUSTRY’’ because PEOs were not specifically Federal procurement and SBA table, add a new entry for SIC Code mentioned in the exclusion. SBA will guaranteed loans combined is less than 7363 in numerical order to read as not find a firm affiliated with a leasing $160 million to this industry annually, follows: company or PEO merely because it uses and a change to the size standard is § 121.201 What size standards has SBA the services of a leasing company or unlikely to significantly affect these programs. identified by Standard Industrial PEO. However, SBA might find Classification codes? affiliation based on other conditions. For purposes of the Regulatory Nothing in the clarification of the Flexibility Act, this rule would not have * * * * * exclusions to the affiliation rule is a substantial impact on a significant intended to change the way a firm must number of small entities. Although SIZE STANDARDS BY SIC INDUSTRY count its employees when determining potentially 576 additional firms could Size standards size. All employees must be counted; gain small business status as a result of in number of whether permanent, part-time, this rule, only a very small percentage SIC code and description employees or temporary, leased or covered by a of firms in the industry compete for millions of contract with a PEO. How a firm obtains Federal procurements or obtain dollars its staffing is a business decision, and guaranteed loans through SBA’s financial assistance programs. size standards are not intended to ***** influence its decision in that regard. For the purpose of the Paperwork DIVISION IÐSERVICES ...... $5.0 Reduction Act, 44 U.S.C. 3501 et seq., EXCEPT: Alternative Size Standards SBA certifies that this rule would not SBA considered two alternative size impose new reporting or recordkeeping ***** standards for this industry. One requirements other than those already 7363 Help Supply Services .. $10.0 alternative considered was modifying required of SBA.

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.026 pfrm02 PsN: 15OCP1 55878 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules

SIZE STANDARDS BY SIC INDUSTRYÐ Dated: October 12, 1999. Alabama program. You can find Continued Kevin Gover, background information on the Alabama Assistant Secretary—Indian Affairs. program, including the Secretary’s Size standards [FR Doc. 99–27024 Filed 10–14–99; 8:45 am] findings, the disposition of comments, in number of BILLING CODE 4310±02±P and the conditions of approval in the SIC code and description employees or May 20, 1982, Federal Register (47 FR millions of dollars 22062). You can find later actions on the DEPARTMENT OF THE INTERIOR Alabama program at 30 CFR 901.15 and ***** 901.16. Office of Surface Mining Reclamation II. Discussion of the Proposed Dated: October 7, 1999. and Enforcement Amendment Aida Alvarez, Administrator. 30 CFR Part 901 Due to the high level of interest in this amendment, we are reopening and [FR Doc. 99–26783 Filed 10–14–99; 8:45 am] [SPATS No. AL±070±FOR] extending the public comment period BILLING CODE 8025±01±P Alabama Regulatory Program for the proposed rule published on September 7, 1999 (64 FR 48573). In this AGENCY: Office of Surface Mining amendment, Alabama proposed Reclamation and Enforcement, Interior. DEPARTMENT OF THE INTERIOR revisions to statutes concerning the ACTION: Proposed rule; reopening and repair or compensation for material Bureau of Indian Affairs extension of public comment period on damage caused by subsidence, resulting proposed amendment. from underground coal mining 25 CFR Part 151 operations, to any occupied residential SUMMARY: The Office of Surface Mining dwelling and related structures or any Reclamation and Enforcement (OSM) is RIN: 1076±AD90 noncommercial building. Alabama reopening and extending the public proposed to revise its program at its comment period for the proposed rule Acquisition of Title to Land in Trust own initiative. published on September 7, 1999 (64 FR 48573). The comment period originally III. Public Comment Procedures AGENCY: Bureau of Indian Affairs, Interior. closed October 7, 1999. We are We are reopening the comment period reopening and extending the comment on the proposed Alabama program ACTION: Proposed rule; Reopening of period because the citizens of Alabama amendment to provide you an comment period. have shown a high level of interest in opportunity to comment on the the revisions proposed by Alabama. adequacy of the amendment. Under the SUMMARY: This notice reopens the DATES: We will accept written provisions of 30 CFR 732.17(h), we are comment period for the proposed rule comments until 4:00 p.m., c.s.t., requesting comments on whether the published at 64 FR 17574–17588, April November 1, 1999. amendment satisfies the program 12, 1999 on the Acquisition of title to ADDRESSES: You should mail or hand approval criteria of 30 CFR 732.15. If we land in trust. deliver written comments to Arthur W. approve the amendment, it will become DATES: Comments must be received on Abbs, Director, Birmingham Field Office part of the Alabama program. or before November 12, 1999. at the address listed below. You may review copies of the Written Comments ADDRESSES: You may mail comments to Alabama program, the amendment, and We will make comments, including the Office of Trust Responsibilities, all written comments received in names and addresses of respondents, Bureau of Indian Affairs, 1849 C Street, response to this document at the available for public review during NW, MS–4513–MIB, Washington, DC addresses listed below during normal normal business hours. We will not 20240. business hours, Monday through Friday, consider anonymous comments. If FOR FURTHER INFORMATION CONTACT: excluding holidays. You may receive individual respondents request Terry Virden, Director, Office of Trust one free copy of the amendment by confidentiality, we will honor their Responsibilities, Bureau of Indian contacting OSM’s Birmingham Field request to the extent allowable by law. Affairs, MS–4513, Main Interior Office. Individual respondents who wish to Building, 1849 C Street, NW, Arthur W. Abbs, Director, withhold their name or address from Washington, DC 20240; by telephone at Birmingham Field Office, Office of public review, except for the city or (202) 208–5831; or by telefax at (202) Surface Mining, 135 Gemini Circle, town, must state this prominently at the 219–1065. Suite 215, Homewood, Alabama 35209, beginning of their comments. We will Telephone: (205) 290–7282. make all submissions from SUPPLEMENTARY INFORMATION: On Alabama Surface Mining Commission, organizations or businesses, and from Monday, April 12, 1999, the Bureau of 1811 Second Avenue, P.O. Box 2390, individuals identifying themselves as Indian Affairs published a proposed Jasper, Alabama 35502–2390, Telephone representatives or officials of rule, 64 FR 17574–17588, concerning (205) 221–4130. organizations or businesses, available the Acquisition of title to land in trust. FOR FURTHER INFORMATION CONTACT: for public review in their entirety. The deadline for receipt of comments Arthur W. Abbs, Director, Birmingham Your written comments should be was July 12, 1999, which was extended Field Office. Telephone: (205) 290– specific and pertain only to the issues to October 12, 1999. The comment 7282. Internet: [email protected]. proposed in this rulemaking. You period is reopened for an additional SUPPLEMENTARY INFORMATION: should explain the reason for any thirty days to allow additional time for recommended change. In the final comment on the proposed rule. I. Background on the Alabama Program rulemaking, we will not necessarily Comments must be received on or On May 20, 1982, the Secretary of the consider or include in the before November 12, 1999. Interior conditionally approved the Administrative Record any comments

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.027 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55879 received after the time indicated under Regulatory Flexibility Act (PSD), and change the mechanism and DATES or at locations other than the The Department of the Interior has procedures for activating reasonably Birmingham Field Office. determined that this rule will not have available control technology rules for Please submit Internet comments as a significant economic impact on a volatile organic compounds (VOCs) and an ASCII file avoiding the use of special substantial number of small entities nitrogen oxides (NOX). In the Rules characters and any form of encryption. under the Regulatory Flexibility Act (5 section of this Federal Register, the EPA Please also include ‘‘Attn: SPATS No. U.S.C. 601 et seq.). The State submittal is approving the State’s SIP revision as AL–070–FOR’’ and your name and which is the subject of this rule is based a direct final rule without prior proposal return address in your Internet message. upon corresponding Federal regulations because the Agency views this as a If you do not receive a confirmation that for which an economic analysis was noncontroversial submittal and we have received your Internet message, prepared and certification made that anticipates no adverse comments. A contact the Birmingham Field Office at such regulations would not have a detailed rationale for the approval is set (205) 290–7282. significant economic effect upon a forth in the direct final rule. If no substantial number of small entities. adverse comments are received in IV. Procedural Determinations Therefore, this rule will ensure that response to this action, no further Executive Order 12866 existing requirements previously activity is contemplated. If EPA receives published by OSM will be implemented adverse comments, the direct final rule The Office of Management and Budget by the State. In making the will be withdrawn and all public (OMB) exempts this rule from review determination as to whether this rule comments received will be addressed in under Executive Order 12866 would have a significant economic a subsequent final rule based on this (Regulatory Planning and Review). impact, the Department relied upon the proposed rule. The EPA will not data and assumptions for the institute a second comment period on Executive Order 12988 corresponding Federal regulations. this document. Any parties interested in The Department of the Interior has Unfunded Mandates commenting on this document should conducted the reviews required by do so at this time. OSM has determined and certifies section 3 of Executive Order 12988 under the Unfunded Mandates Reform DATES: Written comments must be (Civil Justice Reform) and has Act (2 U.S.C. 1502 et seq.) that this rule received on or before November 15, determined that, to the extent allowed will not impose a cost of $100 million 1999. by law, this rule meets the applicable or more in any given year on local, state, ADDRESSES: standards of subsections (a) and (b) of or tribal governments or private entities. All comments should be that section. However, these standards addressed to: Gregory Crawford at the are not applicable to the actual language List of Subjects in 30 CFR Part 901 EPA, Region 4 Air Planning Branch, 61 of State regulatory programs and Intergovernmental relations, Surface Forsyth Street, SW, Atlanta, Georgia program amendments since each mining, Underground mining. 30303. Copies of the state submittal(s) program is drafted and published by a are available at the following addresses Dated: October 8, 1999. specific State, not by OSM. Under for inspection during normal business sections 503 and 505 of SMCRA (30 Ervin J. Barchenger, hours: U.S.C. 1253 and 1255) and 30 CFR Acting Regional Director, Mid-Continent 730.11, 732.15, and 732.17(h)(10), Regional Coordinating Center. Air and Radiation Docket and decisions on State regulatory programs [FR Doc. 99–27002 Filed 10–14–99; 8:45 am] Information Center (Air Docket 6102), and program amendments must be BILLING CODE 4310±05±P U.S. Environmental Protection based solely on a determination of Agency, 401 M Street, SW, whether the submittal is consistent with Washington, DC 20460. SMCRA and its implementing Federal ENVIRONMENTAL PROTECTION Environmental Protection Agency, regulations and whether the other AGENCY Region 4, Air Planning Branch, 61 requirements of 30 CFR Parts 730, 731, Forsyth Street, SW, Atlanta, Georgia and 732 have been met. 40 CFR Part 52 30303–8960. National Environmental Policy Act [NC±083±1±9938b; FRL±6453±7] North Carolina Department of Environment and Natural Resources, This rule does not require an Approval and Promulgation of Division of Air Quality, 1641 Mail environmental impact statement since Implementation Plans: Approval of Service Center, Raleigh, North section 702(d) of SMCRA (30 U.S.C. Revisions to the North Carolina State Carolina 27699. 1292(d)) provides that agency decisions Implementation Plan on State regulatory program provisions FOR FURTHER INFORMATION CONTACT: AGENCY: Environmental Protection Gregory Crawford at 404/562–9046. do not constitute major Federal actions Agency (EPA). within the meaning of section 102(2)(C) ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: For of the National Environmental Policy additional information see the direct Act (42 U.S.C. 4332(2)(C)). SUMMARY: The EPA proposes to approve final rule which is published in the Paperwork Reduction Act the State Implementation Plan (SIP) Rules section of this Federal Register. revisions submitted by the State of Dated: September 23, 1999. This rule does not contain North Carolina on March 19, 1997. information collection requirements that These revisions amend cross-references, A. Stanley Meiburg, require approval by OMB under the incorporate the latest edition of the Acting Regional Administrator, Region 4. Paperwork Reduction Act (44 U.S.C. Code of Federal Regulations for [FR Doc. 99–26194 Filed 10–14–99; 8:45 am] 3507 et seq.). prevention of significant deterioration BILLING CODE 6560±50±U

VerDate 12-OCT-99 15:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\15OCP1.XXX pfrm03 PsN: 15OCP1 55880 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules

ENVIRONMENTAL PROTECTION Air Docket Section at the above address. contained in 40 CFR 261.24, 261.31, and AGENCY EPA may charge a reasonable fee for 261.32 (hereinafter all sectional copying. references are to 40 CFR unless 40 CFR Part 76 FOR FURTHER INFORMATION CONTACT: otherwise indicated). [FRL±6455±5] Dwight C. Alpern, at (202) 564–9151, Rhodia submitted this petition under U.S. Environmental Protection Agency, §§ 260.20 and 260.22(a). Section 260.20 Acid Rain ProgramÐNitrogen Oxides 401 M Street, SW, Washington, DC allows any person to petition the Emission Reduction Program, Rule 20460; or the Acid Rain Hotline at (202) Administrator to modify or revoke any Revision in Response to Court 564–9089. provision of §§ 260 through 266, 268 Remand SUPPLEMENTARY INFORMATION: We are and 273. Section 260.22(a) specifically proposing to revise the provision provides generators the opportunity to AGENCY: Environmental Protection concerning cell burner boilers in the petition the Administrator to exclude a Agency. regulations for the Acid Rain Nitrogen waste on a ‘‘generator specific’’ basis ACTION: Proposed rule. Oxides Emission Reduction Program. In from the hazardous waste lists. the ‘‘Rules and Regulations’’ section of The Agency bases its proposed SUMMARY: The Environmental Protection today’s Federal Register, we are decision to grant the petition on an Agency (EPA) is proposing to revise the adopting the revision as a direct final evaluation of waste-specific information regulations for the Acid Rain Nitrogen rule because we view the revision as provided by the petitioner. Oxides Emission Reduction Program noncontroversial and anticipate no If finalized, we would conclude that under title IV of the Clean Air Act (Act) adverse comment. We have explained Rhodia’s petitioned waste is in response to a remand by the U.S. our reasons for the revision in the nonhazardous with respect to the Court of Appeals for the District of preamble to the direct final rule. If we original listing criteria and that the Columbia Circuit. In December 1996, receive no timely, adverse comment, we waste process Rhodia uses will EPA issued regulations setting nitrogen will not take further action on this substantially reduce the likelihood of oxides (NOX) emission limits for proposed rule. If we receive timely, migration of hazardous constituents specified types of existing, coal-fired adverse comment, we will withdraw the from this waste. We would also boilers, including cell burner boilers, direct final rule and it will not take conclude that their process minimizes that are subject to such limits starting in effect. We will address all public short-term and long-term threats from 2000. In February 1998, the Court comments in a subsequent final rule the petitioned waste to human health upheld the regulations except for one based on this proposed rule. We will not and the environment. provision addressing what boilers institute a second comment period on DATES: We will accept comments until qualify as cell burner boilers. The Court this action. Any parties interested in November 29, 1999. We will stamp vacated and remanded that provision. commenting must do so at this time. comments postmarked after the close of EPA is revising the regulations, the comment period as ‘‘late.’’ These consistent with the Court’s decision, to List of Subjects in 40 CFR Part 76 ‘‘late’’ comments may not be considered treat, as a cell burner boiler, any boiler Environmental protection, Acid rain in formulating a final decision. subject to the limits starting in 2000, program, Air pollution control, Electric Your requests for a hearing must constructed as a cell burner boiler, and utilities, Nitrogen oxides. reach EPA by November 1, 1999. The converted to the burner configuration of request must contain the information a wall-fired boiler. Under the Dated: October 5, 1999. prescribed in § 260.20(d). regulations, a cell burner boiler must Carol M. Browner, ADDRESSES: meet an annual average NOX emission Administrator. Please send three copies of limit of 0.68 lb/mmBtu. The NOX [FR Doc. 99–26659 Filed 10–14–99; 8:45 am] your comments. Two copies should be emission limits under title IV will BILLING CODE 6560±50±P sent to William Gallagher, Delisting reduce the serious, adverse effects of Section, Multimedia Planning and NOX emissions on human health, Permitting Division (6PD–O), visibility, ecosystems, and materials. ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202. A DATES: Written comments on this AGENCY third copy should be sent to the Texas proposed rule must be received by 40 CFR Part 261 Natural Resources Conservation November 29, 1999. Commission (TNRCC), P.O. Box 13087, Public Hearing: Anyone requesting a [SW±FRL±6455±1] Austin, Texas, 78711–3087. Identify public hearing must submit a request, your comments at the top with this which must be received by EPA by no Hazardous Waste Management regulatory docket number: ‘‘F–99– later than October 22, 1999. System; Identification and Listing of Hazardous Waste; Proposed Exclusion TXDEL–Rhodia.’’ ADDRESSES: Comments: Commenters You should address requests for a must identify all written comments with AGENCY: Environmental Protection hearing to the Acting Director, Robert the appropriate docket number (Docket Agency (EPA). Hannesschlager, Multimedia Planning No. A–95–28) and must submit them in ACTION: Proposed rule and request for and Permitting Division (6PD), duplicate to EPA Air Docket Section comment. Environmental Protection Agency, 1445 (6102), Waterside Mall, Room M1500, Ross Avenue, Dallas, Texas 75202. 1st Floor, 401 M Street, SW, SUMMARY: The EPA (‘‘the Agency’’ or FOR FURTHER INFORMATION CONTACT: Washington, DC 20460. ‘‘we’’ in this preamble) is proposing to Docket: Docket No. A–95–28, grant a petition submitted by Rhodia, James Harris at (214) 665–8302. containing supporting information used Incorporated Houston (Rhodia). Rhodia SUPPLEMENTARY INFORMATION: in developing the direct final rule, is petitioned the Agency to exclude (or The information in this section is available for public inspection and delist) filter-cake sludge generated at its organized as follows: copying between 8:30 a.m. and 3:30 Houston, Harris County, Texas, facility I. Overview Information p.m., Monday through Friday, at EPA’s from the lists of hazardous wastes A. What action is EPA proposing?

VerDate 12-OCT-99 15:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\15OCP1.XXX pfrm03 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55881

B. Why is EPA proposing to approve this not believe that the petitioned waste Section 3010(b) at 42 USCA 6930(b) of delisting? meets the criteria for which EPA listed RCRA allows rules to become effective C. How will Rhodia manage the waste if it it. Rhodia also believes no additional in less than six months when the is delisted? constituents or factors could cause the D. When would EPA finalize the proposed regulated community does not need the delisting? waste to be hazardous. EPA’s review of six-month period to come into E. How would this action affect States? this petition included consideration of compliance. That is the case here, II. Background the original listing criteria, and the because this rule, if finalized, would A. What is the history of the delisting additional factors required by HSWA. reduce the existing requirements for program? See section 222 of HSWA, 42 U.S.C. persons generating hazardous wastes. B. What is a delisting petition, and what 6921(f), and 40 CFR 260.22(d)(1)–(4). In does it require of a petitioner? making the initial delisting The EPA believes that this exclusion C. What factors must EPA consider in determination, EPA evaluated the should be effective immediately upon deciding whether to grant a delisting petitioned waste against the listing final publication because a six-month petition? criteria and factors cited in §§ 261.11 deadline is not necessary to achieve the III. EPA’s Evaluation of the Waste Data purpose of § 3010(b), and a later A. What waste did Rhodia petition EPA to (a)(2) and (a)(3). Based on this review, delist? the EPA agrees with the petitioner that effective date would impose B. Who is Rhodia, and what process does the waste is nonhazardous with respect unnecessary hardship and expense on it use? to the original listing criteria. (If the this petitioner. These reasons also C. How did Rhodia sample and analyze the EPA had found, based on this review, provide good cause for making this rule waste data in this petition? that the waste remained hazardous effective immediately, upon final D. What were the results of Rhodia’s based on the factors for which the waste publication, under the Administrative analysis? were originally listed, EPA would have E. How did EPA evaluate the risk of Procedure Act, 5 U.S.C. 553(d). delisting this waste? proposed to deny the petition.) The EPA evaluated the waste with respect to E. How Would This Action Affect F. What did EPA conclude about Rhodia’s States? analysis? other factors or criteria to assess G. What other factors did EPA consider? whether there is a reasonable basis to Because EPA is issuing today’s H. What is EPA’s final evaluation of this believe that such additional factors exclusion under the Federal RCRA delisting petition? could cause the waste to be hazardous. delisting program, only States subject to IV. Next Steps The EPA considered whether the waste Federal RCRA delisting provisions A. With what conditions must the is acutely toxic, the concentration of the petitioner comply? constituents in the waste, their tendency would be affected. This would exclude B. What happens if Rhodia violates the two categories of States: States having a terms and conditions? to migrate and to bioaccumulate, their persistence in the environment once dual system that includes Federal RCRA V. Public Comments requirements and their own A. How can I, as an interested party, released from the waste, plausible and submit comments? specific types of management of the requirements, and States who have B. How may I review the docket or obtain petitioned waste, the quantities of waste received authorization from EPA to copies of the proposed exclusion? generated, and waste variability. The make their own delisting decisions. VI. Regulatory Impact EPA believes that the petitioned waste Here are the details: We allow states VII. Regulatory Flexibility Act does not meet these criteria. EPA’s to impose their own non-RCRA VIII. Paperwork Reduction Act proposed decision to delist waste from IX. Unfunded Mandates Reform Act regulatory requirements that are more X. Executive Order 12875 Rhodia’s facility is based on the stringent than EPA’s, under section XI. Executive Order 13045 information submitted in support of 3009 of RCRA. These more stringent XII. Executive Order 13084 today’s rule, i.e., descriptions of the requirements may include a provision XIII. National Technology Transfer and Sulfuric Acid Regeneration Unit (SARU) that prohibits a Federally issued Advancement Act and the Advanced Water Treatment exclusion from taking effect in the State. (AWT) system and analytical data from I. Overview Information Because a dual system (that is, both the Houston facility. Federal (RCRA) and State (non-RCRA) A. What Action is EPA Proposing? C. How Will Rhodia Manage the Waste programs) may regulate a petitioner’s The EPA is proposing: If It Is Delisted? waste, we urge petitioners to contact the (1) To grant Rhodia’s petition to have State regulatory authority to establish it’s filter-cake sludge excluded, or Rhodia currently disposes of the petitioned waste (filter-cake Sludge) the status of their wastes under the State delisted, from the definition of a law. hazardous waste, subject to certain generated at its facility in off-site, RCRA verification and monitoring conditions; permitted TSD facilities which are not The EPA has also authorized some and owned/operated by Rhodia. If the waste States (for example, Louisiana, Georgia, (2) To use a fate and transport model is delisted it will meet the criteria for Illinois) to administer a RCRA delisting to evaluate the potential impact of the disposal in a Subtitle D landfill. program in place of the Federal petitioned waste on human health and D. When Would EPA Finalize the program, that is, to make State delisting the environment. The Agency uses this Proposed Delisting? decisions. Therefore, this exclusion model to predict the concentration of does not apply in those authorized hazardous constituents released from The HSWA specifically requires EPA States. If Rhodia transports the the petitioned waste, once it is to provide notice and an opportunity for petitioned waste to or manages the disposed. comment before granting or denying a waste in any State with delisting final exclusion. Thus, EPA will not authorization, Rhodia must obtain B. Why Is EPA Proposing To Approve grant the exclusion until it addresses all This Delisting? delisting authorization from that State timely public comments (including before they can manage the waste as Rhodia’s petition requests a delisting those at public hearings, if any) on nonhazardous in the State. for listed hazardous wastes. Rhodia does today’s proposal.

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.004 pfrm02 PsN: 15OCP1 55882 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules

II. Background hazardous waste characteristics even if B. Who Is Rhodia, and What Process EPA has ‘‘delisted’’ the wastes. Does It Use? A. What is the History of the Delisting Program? C. What Factors Must EPA Consider in Rhodia owns and operates a 46-acre The EPA published an amended list Deciding Whether To Grant a Delisting facility which is primarily involved in of hazardous wastes from nonspecific Petition? the manufacture of sulfuric acid. Rhodia has been in operation since 1917, and specific sources on January 16, Besides considering the criteria in primarily producing various strengths 1981, as part of its final and interim § 260.22(a), in 42 U.S.C. 6921(f), and in and grades of sulfuric acid, sulfur final regulations implementing Section the background documents for the listed dioxide, oleum, and sulfur trioxide. 3001 of RCRA. The EPA has amended wastes, EPA must consider any factors Rhodia generates sulfuric acid using a this list several times and published it (including additional constituents) other spray burning SARU. The recycling in §§ 261.31 and 261.32. than those for which we listed the waste process requires the use of an industrial We list these wastes as hazardous if a reasonable basis exists that these furnace. The furnace utilizes natural gas because: (1) They typically and additional factors could cause the waste as the primary fuel. However, Rhodia frequently exhibit one or more of the to be hazardous. (See 3010(b) of the also treats high and low British Thermal characteristics of hazardous wastes Solid Waste Disposal Act.) Unit (BTU) pumpable liquid hazardous identified in Subpart C of Part 261 (that The EPA must also consider as waste in the furnace. Rhodia accepts is, ignitability, corrosivity, reactivity, hazardous wastes mixtures containing hazardous waste from off-site generators and toxicity) or (2) they meet the criteria listed hazardous wastes and wastes for incineration in the sulfuric acid for listing contained in §§ 261.11 (a)(2) derived from treating, storing, or regeneration furnace. A weak acid or (a)(3). disposing of listed hazardous waste. See blowdown stream generated from the Individual waste streams may vary, §§ 261.3(a)(2) (iii and iv) and (c)(2)(i), wet gas scrubber, cooler, and however, depending on raw materials, called the ‘‘mixture’’ and ‘‘derived- electrostatic precipitator is treated at the industrial processes, and other factors. from’’ rules, respectively. These wastes AWT system. The petitioned waste is Thus, while a waste described in these are also eligible for exclusion and dewatered filter-cake sludge resulting regulations generally is hazardous, a remain hazardous wastes until from the AWT system. The waste by- specific waste from an individual excluded. product (filter-cake sludge) currently facility meeting the listing description The ‘‘mixture’’ and ‘‘derived-from’’ falls under the classification of listed may not be hazardous. rules are now final, after having been waste according to RCRA 40 CFR For this reason, §§ 260.20 and 260.22 vacated, remanded, and reinstated. On 261.3(c)(2)(i) because of the ‘‘derived provide an exclusion procedure, called December 6, 1991, the U.S. Court of from’’ rule. The waste codes of the delisting, which allows persons to prove Appeals for the District of Columbia constituents of concern are EPA that EPA should not regulate a specific vacated the ‘‘mixture/derived from’’ Hazardous Waste Nos. D001–D043, waste from a particular generating rules and remanded them to EPA on F001–F012, F019, F024, F025, F032, facility as a hazardous waste. procedural grounds. See Shell Oil Co. v. F034, F037–F039, K002–004, K006– EPA., 950 F.2d 741 (D.C. Cir. 1991). On B. What Is a Delisting Petition, and K011, K013–K052, K060–K062, K064– March 3, 1992, EPA reinstated the What Does It Require of a Petitioner? K066, K069, K071, K073, K083–K088, mixture and derived-from rules, and K090–K091, K093–K118, K123–K126, A delisting petition is a request from solicited comments on other ways to K131–K133, K136, K141–K145, K147– a facility to EPA or an authorized State regulate waste mixtures and residues K151, K156–K161, P001–P024, P026– to exclude wastes from the list of See (57 FR 7628). These rules became P031, P033–P034, P036–P051, P054, hazardous wastes. The facility petitions final on October 30, 1992 See (57 FR P056–P060, P062–P078, P081–P082, the Agency because they do not 49278). Consult these references for P084–P085, P087–P089, P092–P116, consider the wastes hazardous under more information about mixtures P118–P123, P127–P128, P185, P188– RCRA regulations. derived from wastes. In a delisting petition, the petitioner P192, P194, P196–P199, P201–P205, must show that wastes generated at a II. EPA’s Evaluation of the Waste Data U001–U012, U014–U039, U041–U053, particular facility do not meet any of the U055–U064, U066–U099, U101–U103, A. What Waste Did Rhodia Petition EPA criteria for the listed wastes. The criteria U105–U138, U140–U174, U176–U194, To Delist? for which EPA lists a waste are in Part U196–U197, U200–U211, U213–U223, 261 and in the background documents On November 4, 1997, Rhodia U225–U228, U234–U240, U243–U244, for the listed wastes. petitioned the EPA to exclude from the U246–U249, U271, U277–U280, U328, In addition, under § 260.22, a lists of hazardous waste contained in U353, U359, U364–U367, U372–U373, petitioner must prove that the waste §§ 261.31 and 261.32, a waste by- U375–U379, U381–U396, U400–U404, does not exhibit any of the hazardous product (Filter-Cake Sludge) which falls U407, U409–U411. waste characteristics (that is, under the classification of listed waste C. How Did Rhodia Sample and Analyze ignitability, reactivity, corrosivity, and because of the ‘‘derived from’’ rule in the Waste Data in This Petition? toxicity) and present sufficient RCRA 40 CFR 260.3(c)(2)(i). information for EPA to decide whether Specifically, in its petition, Rhodia, Rhodia analyzed the samples for the factors other than those for which the Incorporated, located in Houston, Texas, complete list of constituents included in waste was listed warrant retaining it as requested that EPA grant an exclusion 40 CFR Part 264, Appendix IX and the a hazardous waste. (See Part 261 and the for 1,200 cubic yards per year of filter- additional parameters for waste background documents for the listed cake sludge resulting from its hazardous common to the petrochemical, oil and wastes.) waste treatment process. The resulting gas industries. The analyses was Generators remain obligated under waste is listed, in accordance with performed using EPA-approved RCRA to confirm whether their waste § 261.3(c)(2)(i) (i.e., the ‘‘derived from’’ methods. The analytical parameters and remains nonhazardous based on the rule). methods are provided in Table I.

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.005 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55883

TABLE I.ÐANALYTICAL PARAMETERS AND METHODS

Parameter Matrix Method

GC/MS BNA, App IX List ...... Solid ...... SW846 Method 8270. GC/MS VOA, App IX List ...... Solid ...... SW846 Method 8240. MetalsÐApp IX List ...... Solid ...... SW846 Methods 6010/7000 Series. HerbicidesÐApp IX List ...... Solid ...... SW846 Method 8150. Pesticide/PCB, App IX List ...... Solid ...... SW846 Method 8080. Organophosporus Pesticides, App IX List ...... Solid ...... SW846 Method 8140. Sulfide ...... Solid ...... EPA 376.1. Cyanide, Total ...... Solid ...... SW846, Method 9010. Dioxin/FuranÐApp IX List ...... Solid ...... SW846 Method 8280. TCLPÐ40 CFR 261.24 List, and Nickel ...... Solid ...... SW846 Method 1311. Neutral Leach Cyanide ...... Solid ...... SW846 Method 1311 (Modified). Oil & Grease ...... Solid ...... EPA 413.1. Reactive Cyanide ...... Solid ...... SW 846 Chapter 7.3.3.2. Reactive Sulfide ...... Solid ...... SW846 Chapter 7.3.4.2. Flash Point Closed Cup ...... Solid ...... SW846 Method 1010. pH ...... Solid ...... SW846 Method 9045. Note: Rhodia performed TCLP analyses for specific constituents detected in the total analyses for a given sample.

D. What Were the Results of Rhodia’s allowable concentrations of hazardous The EPA also considers the Analysis? constituents that may release from the applicability of ground water The EPA believes that the petitioned waste after disposal and monitoring data during the evaluation of descriptions of the Rhodia hazardous determined the potential impact of the delisting petitions. In this case, EPA waste process and analytical disposal of Rhodia’s petitioned waste on determined that it would be characterization, in conjunction with human health and the environment. unnecessary to request ground water the proposed verification testing Specifically, EPA used the maximum monitoring data. Rhodia currently requirements (as discussed later in this estimated waste volumes and the disposes of its waste in an off-site RCRA notice), provide a reasonable basis to maximum reported extract landfill. This landfill did not begin grant Rhodia’s petition for an exclusion concentrations as inputs to estimate the accepting this petitioned waste of the filter-cake sludge. The EPA constituent concentrations in the generated by the Rhodia facility until believes the data submitted in support ground water at a hypothetical receptor 1991. This petitioned waste comprises a of the petition show Rhodia’s process well downgradient from the disposal small fraction of the total waste can render the filter-cake sludge non- site. The calculated receptor well managed in the unit. Therefore, EPA hazardous. The EPA has reviewed the concentrations (referred to as believes that any ground water sampling procedures used by Rhodia compliance-point concentrations) were monitoring data from the landfill would and has determined they satisfy EPA then compared directly to the health- not be meaningful for an evaluation of criteria for collecting representative based levels at an assumed risk of 10¥6 the specific effect of this petitioned samples of the variations in constituent used in delisting decision-making for waste on ground water. concentrations in the filter-cake sludge. the hazardous constituents of concern. From the evaluation of Rhodia’s The data submitted in support of the delisting petition, EPA developed a list The EPA believes that this fate and of constituents for the verification petition show that constituents in transport model represents a reasonable Rhodia’s waste are presently below testing conditions. Proposed maximum worst-case scenario for disposal of the allowable leachable concentrations for health-based levels used in the delisting petitioned waste in a landfill/surface decision-making. The EPA believes that these constituents were derived by back- impoundment, and that a reasonable Rhodia has successfully demonstrated calculating from the delisting health- worst-case scenario is appropriate when that the filter-cake sludge is non- based levels through the proposed fate evaluating whether a waste should be hazardous. and transport model for a landfill relieved of the protective management management scenario. These E. How Did EPA Evaluate the Risk of constraints of RCRA Subtitle C. The use concentrations (i.e., ‘‘delisting levels’’) Delisting the Waste? of some reasonable worst-case scenario are part of the proposed verification For this delisting determination, EPA resulted in conservative values for the testing conditions of the exclusion. used such information gathered to compliance-point concentrations and Similar to other facilities seeking identify plausible exposure routes (i.e., ensured that the waste, once removed exclusions, Rhodia’s exclusion (if ground water, surface water, air) for from hazardous waste regulation, may granted) would be contingent upon the hazardous constituents present in the not pose a significant threat to human facility conducting analytical testing of petitioned waste. The EPA determined health or the environment. In most representative samples of the petitioned that disposal in a Subtitle D landfill/ cases, because a delisted waste is no waste at its Houston facility. This surface impoundment is the most longer subject to hazardous waste testing would be necessary to verify that reasonable, worst-case disposal scenario control, EPA is generally unable to the treatment system is operating as for Rhodia’s petitioned waste, and that predict, and does not presently control, demonstrated in the petition submitted the major exposure route of concern how a petitioner will manage a waste on November 4, 1997. Specifically, the would be ingestion of contaminated after delisting. Therefore, EPA currently verification testing requirements, ground water. EPA applied a particular believes that it is inappropriate to demonstrate that the processing facility fate and transport model, EPA consider extensive site-specific factors will generate nonhazardous waste (i.e., Composite Model for Landfills when applying the fate and transport waste that meet EPA’s verification (EPACML), to predict the maximum model. testing conditions). The EPA believes

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.007 pfrm02 PsN: 15OCP1 55884 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules that the descriptions of the Rhodia, Inc. program. This subsection presents an water supply). Specifically, the model hazardous waste process and analytical evaluation of the potential for ground estimated the dilution/attenuation factor characterization, in conjunction with water contamination for the petitioned (DAF) resulting from subsurface the proposed verification testing waste using the EPACML model. processes such as three-dimensional requirements (as discussed later in this The EPA considered the dispersion and dilution from ground notice) provide a reasonable basis to appropriateness of alternative waste water recharge for a specific volume of conclude that the likelihood of management scenarios for Rhodia’s waste. filter-cake sludge. The EPA decided, migration of hazardous constituents For the evaluation of Rhodia’s from the petitioned waste will be based on the information provided in petitioned waste, EPA used the substantially reduced so that short-term the petition, that disposal of the filter- EPACML to evaluate the mobility of the and long-term threats to human health cake in a municipal solid waste landfill hazardous constituents detected in the and the environment are minimized. is the most reasonable, worst-case extract of samples of Rhodia’s filter-cake Thus, EPA should grant Rhodia’s scenario for the filter-cake sludge. The petition for a conditional exclusion of disposal of the filter-cake sludge in a sludge. Total analysis was also utilized the filter-cake sludge. surface impoundment would be the for the filter-cake sludge. Typically, EPA The EPA Region 6 Delisting Program most reasonable worst-case scenario. uses the maximum annual waste guidance document states that the Under a landfill/surface impoundment volume to derive a petition-specific appropriate fate and effect model will be disposal scenario, the major exposure DAF. The maximum annual waste used to determine the effect the route of concern for any hazardous volume for Rhodia is 1,200 cubic yards petitioned waste could have on human constituents would be ingestion of per year. The DAFs are currently health if it is not managed as a contaminated ground water. The EPA, calculated assuming an ongoing process hazardous waste. Specifically, the therefore, evaluated Rhodia’s petitioned generates waste for 20 years. model considers the maximum waste using the modified EPA Analytical data for the filter-cake estimated waste volume and the Composite Model for Landfills/Surface sludge samples were used in the model. maximum reported leachate Impoundments (EPACML) which The data summaries for detected concentrations as inputs to estimate the predicts the potential for ground water constituents are presented in Tables II, constituent concentrations in the contamination from waste landfilled/ III, IV, and V. ground water at a hypothetical receptor placed in a surface impoundment. See The EPA’s evaluation of the Filter- well downgradient from the disposal 56 FR 32993 (July 18, 1991), 56 FR site. The calculated receptor well 67197 (December 30, 1991) and the cake Sludge is based on the maximum concentrations (referred to as RCRA public docket for these notices for reported Total and TCLP concentrations compliance-point concentrations) are a detailed description of the EPACML (See Table III). Consequently the then compared directly to the health- model, the disposal assumptions, and compliance point concentrations are based levels used in delisting decision- the modifications made for delisting. below current health based levels and making for hazardous constituents of This model, which includes both Land Disposal Restrictions for Non- concern. EPA Region 6 has selected the unsaturated and saturated zone Wastewater (See Table V). EPA Composite Model for Landfills transport modules, predicts reasonable Based on the EPACML, the petitioned (EPACML, Federal Register Vol. 56, No. worse-case contaminant levels in waste should be delisted because no 138, July 18, 1991, Page 32993) as the ground water at a compliance point (i.e., constituents of concern exceed the appropriate model for the delisting a receptor well serving as a drinking- delisting concentrations.

TABLE II.ÐACETONE AND CHLOROFORM DATA SUMMARY 1

Analytical parameter (VOCs) Filter-cake samples (mg/kg) Acetone Chloroform

Appendix IX Reporting Limit 2 ...... 0.010 0.05 FC970512±01 ...... 0.60 0.10 FC970512±01RE 3 ...... 0.26 0.02 FC970513±02 ...... 0.30 0.10 FC970513±02RE 3 ...... 0.28 0.04 FC970514±03 ...... 0.25 0.056 FC970514±03RE 3 ...... 0.16 0.023 FC970515±04 ...... 4 ND ND FC970515±04RE 3 ...... 5 NA NA FC970517±05 ...... 0.043 ND FC970517±05RE 3 ...... NA NA FC970520±06 ...... 0.050 ND FC970520±06RE 3 ...... NA NA FC970521±07 ...... 0.049 ND FC970522±08 ...... 0.058 ND FC970522±08RE 3 ...... 0.17 ND FC970522±08 ...... ND ND FC970522±08RE 3 ...... 0.13 ND 1 This table only summarizes the analytical results for the volatile organic compounds that were detected by the laboratory against the Appen- dix IX reporting limits. 2 The Appendix IX reporting limits for acetone are chloroform are referenced from 40 CFR 264, Appendix IX. 3 REÐReplicate samples. 4 NDÐNot detected. 5 NAÐNot analyzed.

VerDate 12-OCT-99 15:28 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\15OCP1.XXX pfrm03 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55885

TABLE III.ÐMAXIMUM TOTAL AND TCLP CONSTITUENT CONCENTRATIONS FILTER-CAKE SLUDGE 1

TCLP Leachate Constituent Total constituent Concentration analyses (mg/kg) (mg/l)

Arsenic ...... 830.00 ND Barium ...... 193.00 ND Cadmium ...... 3.50 ND Chromium ...... 852.00 ND Cobalt ...... 81.20 4.06 Copper ...... 1500.00 75.00 Mercury ...... 81.60 ND Lead ...... 861.00 ND Nickel ...... 1210.00 3.00 Selenium ...... 36.30 ND Silver ...... 94.90 ND Vanadium ...... 92.10 4.61 Zinc ...... 3130.00 156.50 1 These levels represent the highest concentration of each constituent found in any one sample. These levels do not necessarily represent the specific levels found in one sample.

TABLE IV.ÐOIL AND GREASE RESULTS SUMMARY 1

Analytical Parameter Filter-cake samples (mg/kg) (specific) Oil and grease

Laboratory Reporting Limit 2 ...... 3,520 FC970520±06 ...... 3,660 1 This table only summarizes the results for those special parameters that were detected above laboratory detection limits. 2 Appendix IX reporting limits are not available for oil and grease. Therefore, the laboratory's detection limits were used for the comparison.

TABLE V.ÐEPACML: COMPARISON OF FILTER-CAKE SLUDGE CALCULATED COMPLIANCE-POINT CONCENTRATIONS AGAINST REGULATORY STANDARDS

Compliance point Levels of concern LDR non-waste- Constituents concentrations water (mg/l) 2 (mg/l) 1 (mg/l)

Arsenic ...... 0.001 0.05 5.00 Barium ...... 0.006 2.00 21.00 Cadmium ...... 0.001 0.005 0.11 Chromium ...... 0.001 0.1 0.60 Mercury ...... 3 ND 0.002 0.025 Nickel ...... 0.033 0.1 11.00 Lead ...... 0.001 0.015 0.75 Selenium ...... 3 ND 0.05 5.70 Silver ...... 0.001 0.2 0.14 1 Using the maximum TCLP leachate concentration, based on a DAF of 90 for a maximum annual volume of 1,200 cubic yards. 2 See ``Docket Report on Health-Based Levels and Solubilities Used in the Evaluation of Delisting Petitions,'' May 1996 located in the RCRA Public Docket for today's notice. 3 ND = Not Detected.

F. What Did EPA Conclude About G. What Other Factors Did EPA Rhodia’s waste in an open landfill. The Rhodia’s Analysis? Consider? results of this worst-case analysis indicated that there is no substantial The EPA concluded, after reviewing During the evaluation of Rhodia’s present or potential hazard to human Rhodia’s processes that no other petition, EPA also considered the health and the environment from hazardous constituents of concern, other potential impact of the petitioned waste airborne exposure to constituents from than those for which tested, are likely to via non-ground water routes (i.e., air Rhodia’s Filter-cake sludge. A be present or formed as reaction emission and surface runoff). With description of EPA’s assessment of the products or by products in Rhodia’s regard to airborne dispersion in potential impact of Rhodia’s waste, waste. In addition, on the basis of particular, EPA believes that exposure regarding airborne dispersion of waste explanations and analytical data to airborne contaminants from Rhodia’s contaminants, is presented in the RCRA provided by Rhodia, pursuant to petitioned waste is unlikely. Therefore, public docket for today’s proposed rule. § 260.22, the EPA concludes that the no appreciable air releases are likely The EPA also considered the potential petitioned waste does not exhibit any of from Rhodia’s waste under any likely impact of the petitioned waste via a the characteristics of ignitability, disposal conditions. The EPA evaluated surface water route. The EPA believes corrosivity, or reactivity. See §§ 261.21, the potential hazards resulting from the that containment structures at 261.22, and 261.23, respectively. unlikely scenario of airborne exposure municipal solid waste landfills can to hazardous constituents released from effectively control surface water runoff,

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.009 pfrm02 PsN: 15OCP1 55886 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules as the Subtitle D regulations (See 56 FR show Rhodia’s process can render the waste water concentrations in the Land 50978, October 9, 1991) prohibit filter-cake sludge nonhazardous. Disposal Restriction treatment standards pollutant discharges into surface waters. We have reviewed the sampling in 40 CFR part 268. These delisting Furthermore, the concentrations of any procedures used by Rhodia and have levels correspond to the allowable levels hazardous constituents dissolved in the determined they satisfy EPA criteria for measured in the TCLP extract of the runoff will tend to be lower than the collecting representative samples of waste. levels in the TCLP leachate analyses variable constituent concentrations in (2) Waste Holding and Handling reported in today’s notice due to the the filter-cake sludge. The data aggressive acidic medium used for submitted in support of the petition The purpose of this paragraph is to extraction in the TCLP. The EPA show that constituents in Rhodia’s ensure that any filter-cake sludge which believes that, in general, leachate waste are presently below the might contain hazardous levels of derived from the waste is unlikely to compliance point concentrations used inorganic and organic constituents are directly enter a surface water body in the delisting decision-making and managed and disposed of in accordance without first traveling through the would not pose a substantial hazard to with Subtitle C of RCRA. Holding the saturated subsurface where dilution and the environment. The EPA believes that filter-cake sludge until characterization attenuation of hazardous constituents Rhodia has successfully demonstrated is complete will protect against will also occur. Leachable that the filter-cake sludge are improper handling of hazardous concentrations provide a direct measure nonhazardous. material. If EPA determines that the data of solubility of a toxic constituent in The EPA therefore, proposes to grant collected under this condition do not water and are indicative of the fraction a conditional exclusion to the Rhodia support the data provided for the of the constituent that may be mobilized Corporation, in Houston, Texas, for the petition the exclusion will not cover the in surface water as well as ground filter-cake sludge described in its petitioned waste. water. petition. The EPA’s decision to (3) Verification Testing Requirements conditionally exclude this waste is Based on the reasons discussed above, (A) Initial Verification Testing. If the EPA believes that the contamination of based on descriptions of the treatment EPA determines that the data from the surface water through runoff from the activities associated with the petitioned initial verification period shows the waste disposal area is very unlikely. waste and characterization of the filter- treatment process is effective, Rhodia Nevertheless, EPA evaluated the cake sludge. may request that EPA allow it to potential impacts on surface water if If we finalize the proposed rule, the conduct verification testing quarterly. If Rhodia’s waste were released from a Agency will no longer regulate the EPA approves this request in writing, municipal solid waste landfill through petitioned waste under parts 262 then Rhodia may begin verification runoff and erosion. See, the RCRA through 268 and the permitting testing quarterly. public docket for today’s proposed rule. standards of part 270. The EPA believes that an initial The estimated levels of the hazardous IV. Next Steps period of 60 days is adequate for a constituents of concern in surface water facility to collect sufficient data to verify would be well below health-based levels A. With What Conditions Must the that the data provided for the filter-cake for human health, as well as below EPA Petitioner Comply? sludge in the 1998 petition, is Chronic Water Quality Criteria for The petitioner, Rhodia, must comply representative. aquatic organisms (USEPA, OWRS, with the requirements in 40 CFR part We are requiring Rhodia to conduct a 1987). The EPA, therefore, concluded 261, Appendix IX, Tables 1 and 2. The multiple pH analysis because in our that Rhodia’s filter-cake Sludge is not a text below gives the rationale and experience more leaching can occur present or potential substantial hazard details of those requirements. from disposed waste when the pH of the to human health and the environment waste is extremely acidic or basic. The via the surface water exposure pathway. (1) Delisting Levels multiple pH test is similar to the TCLP, H. What is EPA’s Final Evaluation of This paragraph provides the levels of but the test uses different pH extraction This Delisting Petition? constituents that Rhodia must test the fluids. Rhodia should design the leachate from the filter-cake sludge, analytical test to show that the The descriptions of Rhodia’s below which these wastes would be petitioned waste when disposed of in an hazardous waste process and analytical considered nonhazardous. acidic and basic landfill environment characterization, with the proposed The EPA selected the set of inorganic would not leach concentrations above verification testing requirements (as and organic constituents specified in the levels of regulatory concern. The discussed later in this notice), provide Paragraph (1) because of information in second condition should reflect how the a reasonable basis for EPA to grant the the petition. We compiled the list from petitioned waste will behave when it is exclusion. The data submitted in the composition of the waste, disposed in a landfill environment support of the petition show that descriptions of Rhodia’s treatment similar to the pH of the waste. The EPA constituents in the waste are below the process, previous test data provided for believes that evaluating the leachate applicable treatment standards (see the waste, and the respective health- generated from using extraction fluids Table V). We conclude Rhodia’s process based levels used in delisting decision- over a range of pH’s can simulate will substantially reduce the likelihood making. general disposal conditions and provide of migration of hazardous constituents We established the proposed delisting added assurance that the waste will from the petitioned waste. Their process levels by calculating the Maximum remain nonhazardous when disposal also minimizes short-term and long- Allowable Leachate (MALs) conditions change. The petitioner must term threats from the petitioned waste concentrations from the Health-based perform these analyses to confirm that to human health and the environment. levels (HBL) for the constituents of the leachate concentrations do not Thus, EPA believes we should grant concern and the EPACML chemical- exceed the concentrations in Paragraph Rhodia an exclusion for the filter-cake specific DAF of 90, that is, MAL = HBL 1 over a wide pH range. While the sludge. The EPA believes the data × DAF. We also limited the MALs so the waste’s pH does vary, the Agency submitted in support of the petition concentrations would not exceed non believes that under the various pH

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.011 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55887 conditions the waste will remain stable, employee or representative of EPA or regulations governing no-migration and thus will proceed with the the State of Texas. petitions at § 268.6. promulgation of the proposed decision. If the proposed exclusion is made The EPA believes that we have the If we determine that the data collected final, it will apply only to 1,200 cubic authority under RCRA and the under this Paragraph do not support the yards of filter-cake sludge, generated Administrative Procedures Act, 5 U.S.C. data provided for the petition, the annually at the Rhodia facility after § 551 (1978) et seq., to reopen a delisting exclusion will not cover the generated successful verification testing. decision. We may reopen a delisting wastes. If the data from the initial We would require Rhodia to file a decision when we receive new verification period demonstrate that the new delisting petition under any of the information that calls into question the treatment process is effective, Rhodia following circumstances: assumptions underlying the delisting. may request quarterly testing. EPA will (a) If they significantly alter the The Agency believes a clear statement notify Rhodia, in writing, if and when thermal desorption treatment system of its authority in delistings is merited they may replace the testing conditions except as described in Paragraph (4). in light of Agency experience. See in paragraph (3)(A)(i) with the testing (b) If they use any new manufacturing Reynolds Metals Company at 62 FR conditions in (3)(B). or production process(es), or 37694 and 62 FR 63458 where the (B) Subsequent Verification Testing. significantly change from the current delisted waste leached at greater The EPA believes that the process(es) described in their petition; concentrations in the environment than concentrations of the constituents of or the concentrations predicted when concern in the filter-cake sludge may (c) If they make any changes that conducting the TCLP, thus leading the vary over time. As a result, to ensure could affect the composition or type of Agency to repeal the delisting. If an that Rhodia’s treatment process can waste generated. immediate threat to human health and Rhodia must manage waste volumes effectively handle any variation in the environment presents itself, EPA greater than 1,200 cubic yards of filter- constituent concentrations in the waste, will continue to address these situations cake sludge as hazardous until we grant we are proposing a subsequent case by case. Where necessary, EPA will a new exclusion. verification testing condition. make a good cause finding to justify The proposed subsequent testing When this exclusion becomes final, Rhodia’s management of the wastes emergency rulemaking. See APA 553 would verify that Rhodia operates the (b). AWT as it did during the initial covered by this petition would be verification testing. It would also verify relieved from Subtitle C jurisdiction. (7) Notification Requirements Rhodia must either treat, store, or that the filter-cake sludge does not In order to adequately track wastes dispose of the waste in an on-site exhibit unacceptable levels of toxic that have been delisted, EPA is facility that has a State permit, license, constituents. The EPA is proposing to requiring that Rhodia provide a one- or is registered to manage municipal or require Rhodia to analyze representative time notification to any State regulatory industrial solid waste. If not, Rhodia samples of the filter-cake sludge agency through which or to which the must ensure that it delivers the waste to quarterly during the first year of waste delisted waste is being carried. Rhodia an off-site storage, treatment, or disposal generation. Rhodia would begin annual must provide this notification within 60 facility that has a State permit, license, sampling on the anniversary date of the days of commencing this activity. final exclusion. They must also use the or is registered to manage municipal or multiple pH extraction procedure for industrial solid waste. B. What Happens if Rhodia Violates the Terms and Conditions? samples collected during the annual (6) Reopener Language sampling. The purpose of Paragraph 6 is to If Rhodia violates the terms and (4) Changes in Operating Conditions require Rhodia to disclose new or conditions established in the exclusion, different information related to a the Agency will start procedures to Paragraph (4) would allow Rhodia the withdraw the exclusion. Where there is flexibility of modifying its processes (for condition at the facility or disposal of the waste if it is pertinent to the an immediate threat to human health example, changes in equipment or and the environment, the Agency will change in operating conditions) to delisting. Rhodia must also use this procedure, if the waste sample in the continue to evaluate these events on a improve its treatment process. However, case-by-case basis. The Agency expects Rhodia must prove the effectiveness of annual testing fails to meet the levels found in Paragraph 1. This provision Rhodia to conduct the appropriate waste the modified process and request analysis and comply with the criteria approval from the EPA. Rhodia must will allow EPA to reevaluate the exclusion if a source provides new or explained above in Paragraphs 3,4,5 and manage wastes generated during the 6 of the exclusion. new process demonstration as additional information to the Agency. hazardous waste until they have The EPA will evaluate the information V. Public Comments on which we based the decision to see obtained written approval and A. How can I as an Interested Party Paragraph (3) is satisfied. if it is still correct, or if circumstances have changed so that the information is Submit Comments? (5) Data Submittals no longer correct or would cause EPA to The EPA is requesting public To provide appropriate deny the petition if presented. This comments on this proposed decision. documentation that Rhodia’s facility is provision expressly requires Rhodia to Please send three copies of your properly treating the waste, Rhodia report differing site conditions or comments. Send two copies to William must compile, summarize, and keep assumptions used in the petition in Gallagher, Delisting Section, delisting records on-site for a minimum addition to failure to meet the annual Multimedia Planning and Permitting of five years. They should keep all testing conditions within 10 days of Division (6PD–O), Environmental analytical data obtained through discovery. If EPA discovers such Protection Agency (EPA), 1445 Ross Paragraph (3) including quality control information itself or from a third party, Avenue, Dallas, Texas 75202. Send a information for five years. Paragraph (5) it can act on it as appropriate. The third copy to the Texas Natural requires that Rhodia furnish these data language being proposed is similar to Resource Conservation Commission, upon request for inspection by any those provisions found in RCRA 12100 Park 35 Circle, Austin, Texas

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.012 pfrm02 PsN: 15OCP1 55888 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules

78753. Identify your comments at the representative certifies that the rule will The EPA finds that today’s delisting top with this regulatory docket number: not have any impact on a small entities. decision is deregulatory in nature and ‘‘F–99–TXDEL–RHODIA.’’ This rule, if promulgated, will not does not impose any enforceable duty You should submit requests for a have an adverse economic impact on on any State, local, or tribal hearing to Robert Hannesschlager, small entities since its effect would be governments or the private sector. In Acting Director, Multimedia Planning to reduce the overall costs of EPA’s addition, the proposed delisting and Permitting Division (6PD), hazardous waste regulations and would decision does not establish any Environmental Protection Agency, 1445 be limited to one facility. Accordingly, regulatory requirements for small Ross Avenue, Dallas, Texas 75202. I hereby certify that this proposed governments and so does not require a regulation, if promulgated, will not have small government agency plan under B. How May I Review the Docket or a significant economic impact on a UMRA section 203. Obtain Copies of the Proposed substantial number of small entities. Exclusion? X. Executive Order 12875 This regulation, therefore, does not You may review the RCRA regulatory require a regulatory flexibility analysis. Under Executive Order 12875, EPA docket for this proposed rule at the may not issue a regulation that is not VIII. Paperwork Reduction Act Environmental Protection Agency required by statute and that creates a Region 6, 1445 Ross Avenue, Dallas, Information collection and record- mandate upon a state, local, or tribal Texas 75202. It is available for viewing keeping requirements associated with government, unless the Federal in the EPA Freedom of Information Act this proposed rule have been approved government provides the funds Review Room from 9:00 a.m. to 4 p.m., by the Office of Management and necessary to pay the direct compliance costs incurred by those governments. If Monday through Friday, excluding Budget (OMB) under the provisions of the mandate is unfunded, EPA must Federal holidays. Call (214) 665–6444 the Paperwork Reduction Act of 1980 provide to the Office of Management for appointments. The public may copy (Public Law 96–511, 44 U.S.C. 3501 et and Budget a description of the extent material from any regulatory docket at seq.) and have been assigned OMB of EPA’s prior consultation with no cost for the first 100 pages, and at Control Number 2050–0053. representatives of affected state, local, fifteen cents per page for additional IX. Unfunded Mandates Reform Act and tribal governments, the nature of copies. their concerns, copies of written Under section 202 of the Unfunded communications from the governments, VI. Regulatory Impact Mandates Reform Act of 1995 (UMRA), and a statement supporting the need to Under Executive Order 12866, EPA Public Law 104–4, which was signed issue the regulation. In addition, must conduct an ‘‘assessment of the into law on March 22, 1995, EPA Executive Order 12875 requires EPA to generally must prepare a written potential costs and benefits’’ for all develop an effective process permitting statement for rules with Federal ‘‘significant’’ regulatory actions. elected officials and other mandates that may result in estimated The proposal to grant an exclusion is representatives of state, local, and tribal costs to State, local, and tribal not significant, since its effect, if governments ‘‘to provide meaningful governments in the aggregate, or to the promulgated, would be to reduce the and timely input in the development of overall costs and economic impact of private sector, of $100 million or more regulatory proposals containing EPA’s hazardous waste management in any one year. significant unfunded mandates.’’ regulations. This reduction would be When such a statement is required for Today’s rule does not create a mandate achieved by excluding waste generated EPA rules, under section 205 of the on state, local or tribal governments. at a specific facility from EPA’s lists of UMRA EPA must identify and consider The rule does not impose any hazardous wastes, thus enabling a alternatives, including the least costly, enforceable duties on these entities. facility to manage its waste as most cost-effective, or least burdensome Accordingly, the requirements of nonhazardous. alternative that achieves the objectives section 1(a) of Executive Order 12875 do Because there is no additional impact of the rule. The EPA must select that not apply to this rule. from today’s proposed rule, this alternative, unless the Administrator proposal would not be a significant explains in the final rule why it was not XI. Executive Order 13045 regulation, and no cost/benefit selected or it is inconsistent with law. The Executive Order 13045 is entitled assessment is required. The Office of Before EPA establishes regulatory ‘‘Protection of Children from Management and Budget (OMB) has also requirements that may significantly or Environmental Health Risks and Safety exempted this rule from the requirement uniquely affect small governments, Risks’’ (62 FR 19885, April 23, 1997). for OMB review under section (6) of including tribal governments, it must This order applies to any rule that EPA Executive Order 12866. develop under section 203 of the UMRA determines (1) is economically a small government agency plan. The significant as defined under Executive VII. Regulatory Flexibility Act plan must provide for notifying Order 12866, and (2) the environmental Under the Regulatory Flexibility Act, potentially affected small governments, health or safety risk addressed by the 5 U.S.C. 601–612, whenever an agency giving them meaningful and timely rule has a disproportionate effect on is required to publish a general notice input in the development of EPA children. If the regulatory action meets of rulemaking for any proposed or final regulatory proposals with significant both criteria, the Agency must evaluate rule, it must prepare and make available Federal intergovernmental mandates, the environmental health or safety for public comment a regulatory and informing, educating, and advising effects of the planned rule on children, flexibility analysis which describes the them on compliance with the regulatory and explain why the planned regulation impact of the rule on small entities (that requirements. is preferable to other potentially is, small businesses, small The UMRA generally defines a effective and reasonably feasible organizations, and small governmental Federal mandate for regulatory purposes alternatives considered by the Agency. jurisdictions). No regulatory flexibility as one that imposes an enforceable duty This proposed rule is not subject to analysis is required, however, if the upon State, local, or tribal governments Executive Order 13045 because this is Administrator or delegated or the private sector. not an economically significant

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.014 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55889 regulatory action as defined by governments ‘‘to meaningful and timely Agency has no need to consider the use Executive Order 12866. input’’ in the development of regulatory of voluntary consensus standards in policies on matters that significantly or developing this final rule. XII. Executive Order 13084 uniquely affect their communities of Because this action does not involve Indian tribal governments. This action List of Subjects in 40 CFR Part 261 any requirements that affect Indian does not involve or impose any Environmental protection, Hazardous Tribes, the requirements of section 3(b) requirements that affect Indian Tribes. waste, Recycling, Reporting and of Executive Order 13084 do not apply. Accordingly, the requirements of recordkeeping requirements. Under Executive Order 13084, EPA section 3(b) of Executive Order 13084 may not issue a regulation that is not do not apply to this rule. Authority: Sec. 3001(f) RCRA, 42 U.S.C. required by statute, that significantly 6921(f) affects or uniquely affects that XIII. National Technology Transfer and Dated: September 29, 1999. communities of Indian tribal Advancement Act Robert Hannesschlager, governments, and that imposes Under Section 12(d) of the National Acting Director, Multimedia Planning and substantial direct compliance costs on Technology Transfer and Advancement Permitting Division, Region 6 those communities, unless the Federal Act, the Agency is directed to use government provides the funds voluntary consensus standards in its For the reasons set out in the necessary to pay the direct compliance regulatory activities unless to do so preamble, 40 CFR part 261 is proposed costs incurred by the tribal would be inconsistent with applicable to be amended as follows: governments. law or otherwise impractical. Voluntary PART 261ÐIDENTIFICATION AND If the mandate is unfunded, EPA must consensus standards are technical LISTING OF HAZARDOUS WASTE provide to the Office of Management standards (e.g., materials specifications, and Budget, in a separately identified test methods, sampling procedures, 1. The authority citation for part 261 section of the preamble to the rule, a business practices, etc.) developed or continues to read as follows: description of the extent of EPA’s prior adopted by voluntary consensus consultation with representatives of standard bodies. Where available and Authority: 42 U.S.C. 6905, 6912(a), 6921, affected tribal governments, a summary potentially applicable voluntary 6922, and 6938. of the nature of their concerns, and a consensus standards are not used by 2. In Tables 1, 2, and 3 of Appendix statement supporting the need to issue EPA, the Act requires that Agency to IX of part 261 it is proposed to add the the regulation. provide Congress, through the OMB, an following waste stream in alphabetical In addition, Executive Order 13084 explanation of the reasons for not using order by facility to read as follows: requires EPA to develop an effective such standards. process permitting elected and other This rule does not establish any new Appendix IX to Part 261—Wastes representatives of Indian tribal technical standards and thus, the Excluded Under §§ 260.20 and 260.22

TABLE 1.ÐWASTE EXCLUDED FROM NON-SPECIFIC SOURCES

Facility and address Waste description

******* Rhodia, Houston, Texas ...... Filter-cake Sludge, (at a maximum generation of 1,200 cubic yards per calendar year) gen- erated by Rhodia using the SARU and AWT treatment process to treat the filter-cake sludge (EPA Hazardous Waste Nos. D001±D43, F001±F012, F019, F024, F025, F032, F034, F037±F039) generated at Rhodia. Rhodia must implement a testing program that meets the following conditions for the exclusion to be valid: (1) Delisting Levels: All concentrations for the following constituents must not exceed the following levels (mg/l). For the filter-cake constituents must be measured in the waste leachate by the method specified in 40 CFR Part 261.24. (A) Filter-cake Sludge (i) Inorganic Constituents: AntimonyÐ1.15; ArsenicÐ1.40; BariumÐ21.00; BerylliumÐ1.22; CadmiumÐ0.11; CobaltÐ189.00; CopperÐ90.00; ChromiumÐ0.60; LeadÐ0.75; MercuryÐ 0.025; NickelÐ9.00; SeleniumÐ4.50; SilverÐ0.14; ThalliumÐ0.20; VanadiumÐ1.60; ZincÐ 4.30 (ii) Organic Constituents: Chlorobenzene-Non Detect; Carbon Tetrachloride-Non Detect; Ace- toneÐ360; ChloroformÐ0.9 (2) Waste Holding and Handling: Rhodia must store in accordance with its RCRA permit, or continue to dispose of as haz- ardous waste all Filter-cake Sludge until the verification testing described in Condition (3)(A), as appropriate, is completed and valid analyses demonstrate that condition (3) is sat- isfied. If the levels of constituents measured in the samples of the Filter-cake Sludge do not exceed the levels set forth in Condition (1), then the waste is nonhazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. (3) Verification Testing Requirements: Rhodia must perform sample collection and analyses, including quality control procedures, ac- cording to SW±846 methodologies. If EPA judges the process to be effective under the op- erating conditions used during the initial verification testing, Rhodia may replace the testing required in Condition (3)(A) with the testing required in Condition (3)(B). Rhodia must con- tinue to test as specified in Condition (3)(A) until and unless notified by EPA in writing that testing in Condition (3)(A) may be replaced by Condition (3)(B).

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.015 pfrm02 PsN: 15OCP1 55890 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules

TABLE 1.ÐWASTE EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued

Facility and address Waste description

(A) Initial Verification Testing: (i) At quarterly intervals for one year after the final exclusion is granted, Rhodia must collect and analyze composites of the filter-cake sludge. TCLP must be run on all waste and con- stituents for which total concentrations have been identified including constituents listed in Paragraph 1. Rhodia must conduct a multiple pH leaching procedure on samples collected during the quarterly intervals. Rhodia must perform the TCLP procedure using distilled water and three different pH extraction fluids to simulate disposal under three conditions. Simulate an acidic landfill environment, basic landfill environment and a landfill environment similar to the pH of the waste. Rhodia must report the operational and analytical test data, including quality control information, obtained during this initial period no later than 90 days after the generation of the waste. (B) Subsequent Verification Testing: Following termination of the quarterly testing, Rhodia must continue to test a representative composite sample for all constituents listed in Condition (1) on an annual basis (no later than twelve months after the final exclusion). (4) Changes in Operating Conditions: If Rhodia significantly changes the process which generate(s) the waste(s) and which may or could affect the composition or type waste(s) generated as established under Condition (1) (by illustration, but not limitation, change in equipment or operating conditions of the treat- ment process), or its NPDES permit is changed, revoked or not reissued, Rhodia must no- tify the EPA in writing and may no longer handle the waste generated from the new process or no longer discharge as nonhazardous until the waste meet the delisting levels set in Con- dition (1) and it has received written approval to do so from EPA. (5) Data Submittals: Rhodia must submit the information described below. If Rhodia fails to submit the required data within the specified time or maintain the required records on-site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in Paragraph 6. Rhodia must: (A) Submit the data obtained through Paragraph 3 to Mr. William Gallagher, Chief, Region 6 Delisting Program, EPA, 1445 Ross Avenue, Dallas, Texas 75202±2733, Mail Code, (6PD± O) within the time specified. (B) Compile records of operating conditions and analytical data from Paragraph (3), summa- rized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when EPA or the State of Texas request them for inspec- tion. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. § 1001 and 42 U.S.C. § 6928), I certify that the information contained in or accompanying this document is true, accurate and com- plete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this infor- mation is true, accurate and complete. If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclu- sion. (6) Reopener Language: (A) If, anytime after disposal of the delisted waste, Rhodia possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any con- stituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Regional Administrator or his delegate in granting the petition, then the facil- ity must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in Paragraph 1, Rhodia must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (C) If Rhodia fails to submit the information described in paragraphs (5), (6)(A) or (6)(B) or if any other information is received from any source, the Regional Administrator or his dele- gate will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include sus- pending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment.

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.016 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55891

TABLE 1.ÐWASTE EXCLUDED FROM NON-SPECIFIC SOURCESÐContinued

Facility and address Waste description

(D) If the Regional Administrator or his delegate determines that the reported information does require Agency action, the Regional Administrator or his delegate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the environment. The notice shall include a statement of the pro- posed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Regional Administrator or his delegate's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no information is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs (5), (6)(A) or (6)(B), the Regional Administrator or his delegate will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Adminis- trator or his delegate's determination shall become effective immediately, unless the Re- gional Administrator or his delegate provides otherwise. (7) Notification Requirements: Rhodia must do following before transporting the delisted waste: Failure to provide this notifi- cation will result in a violation of the delisting petition and a possible revocation of the deci- sion. (A) Provide a one-time written notification to any State Regulatory Agency to which or through which they will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification if they ship the delisted waste into a different dis- posal facility.

TABLE 2.ÐWASTES EXCLUDED FROM SPECIFIC SOURCES

Facility and address Waste description

******* Rhodia, Houston,Texas ...... Filter-cake Sludge, (at a maximum generation of 1,200 cubic yards per calendar year) gen- erated by Rhodia using the SARU and AWT treatment process to treat the filter-cake sludge (EPA Hazardous Waste Nos. K002±004, K006±K011, K013±K052, K060±K062, K064± K066, K069, K071, K073, K083±K088, K090±K091, K093±K118, K123±K126, K131±K133, K136, K141±K145, K147±K151, K156±K161) generated at Rhodia. Rhodia must implement the testing program described in Table 1. Waste Excluded From Non-Specific Sources for the petition to be valid.

TABLE 3.ÐWASTES EXCLUDED FROM COMMERCIAL CHEMICAL PRODUCTS, OFF SPECIFICATION SPECIES, CONTAINER RESIDUES, AND SOIL RESIDUES THEREOF

Facility and address Waste description

******* Rhodia, Houston,Texas ...... Filter-cake Sludge, (at a maximum generation of 1,200 cubic yards per calendar year) gen- erated by Rhodia using the SARU and AWT treatment process to treat the filter-cake sludge (EPA Hazardous Waste Nos. P001±P024, P026±P031, P033±P034, P036±P051, P054, P056±P060, P062±P078, P081±P082, P084±P085, P087±P089, P092±P116, P118±P123, P127±P128, P185, P188±P192, P194, P196±P199, P201±P205, U001±U012, U014±U039, U041±U053, U055±U064, U066±U099, U101±U103, U105±U138, U140±U174, U176±U194, U196±U197, U200±U211, U213±U223, U225±U228, U234±U240, U243±U244, U246±U249, U271, U277±U280, U328, U353, U359, U364±U367, U372±U373, U375±U379, U381±U396, U400±U404, U407, U409±U411) generated at Rhodia. Rhodia must implement the testing program described in Table 1. Waste Excluded From Non-Specific Sources for the petition to be valid.

*******

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.016 pfrm02 PsN: 15OCP1 55892 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules

[FR Doc. 99–26663 Filed 10–14–99; 8:45 am] ACTION: Proposed rule; notice of public period closed on October 4, 1999. BILLING CODE 6560±50±P hearing and reopening of comment Section 4(b)(5)(E) of the Act (16 U.S.C. period. 1531 et seq.) requires that a public hearing be held if it is requested within SUMMARY: We, the Fish and Wildlife DEPARTMENT OF TRANSPORTATION 45 days of the publication of the Service, pursuant to the Endangered proposed rule. In response to a request Office of the Secretary Species Act of 1973, as amended (Act), for a public hearing from the Agua provide notice of a public hearing and Hedionda Lagoon Foundation, Bristol 49 CFR Part 71 reopening of the comment period on the Cove Boat and Ski Club, the Bristol proposed rule to designate critical [OST Docket No. OST±99±5843 ] Cove Property Owner’s Association, habitat for the tidewater goby Carlsbad Aquafarm Incorporated, RIN 2105±AC80 Eucyclogobius newberryi, an Cabrillo Power I LLC, and the Hubbs endangered species. The comment Sea World Institute a public hearing Relocation of Standard Time Zone period is reopened to accommodate will be held in Carlsbad, California on Boundary in the State of Kentucky public hearing requests received from November 4, 1999, at the La Costa AGENCY: Office of the Secretary, DOT. the Agua Hedionda Lagoon Foundation, Resort, Conference Center Theater (see the Bristol Cove Boat and Ski Club, the ADDRESSES ACTION: Notice of proposed rulemaking. ). Parties wishing to make Bristol Cove Property Owners statements for the record should bring a SUMMARY: In response to a petition by Association, Carlsbad Aquafarm copy of their statements to the hearing. the Wayne County, Kentucky, Fiscal Incorporated, Cabrillo Power I LLC, and Oral statements may be limited in Court, the Department of Transportation the Hubbs Sea World Institute. Thus, we length, if the number of parties present (DOT) proposed to move Wayne County, have scheduled a public hearing to be at the hearing necessitates such a Kentucky, from the Central Time Zone held in Carlsbad, California (see DATES limitation. There are no limits to the to the Eastern Time Zone. Originally, and ADDRESSES). The reopening of the length of written comments or materials DOT had planned to issue a decision at comment period will also allow further presented at the hearing or mailed to us. the beginning of October 1999, so that opportunity for all interested parties to Written comments carry the same if a change were adopted it would be submit comments on the proposal weight as oral comments. The comment effective on October 31, 1999, which is which is available (see ADDRESSES). We period now closes on November 30, the ending date for daylight saving time. are seeking comments or suggestions 1999. Written comments should be Because this is a very close and from the public, other concerned submitted to us at the hearing, or mailed controversial proceeding raising novel governmental agencies, the scientific to the Carlsbad Fish and Wildlife Office legal issues, we will not meet our community, industry, or any other (see ADDRESSES section). planned timetable. We will issue a interested parties concerning the The tidewater goby is a small, grayish decision as soon as possible. The proposed designation. brown fish approximately 2 inches long purpose of this notice is to inform the DATES: The public hearing will be held which lives for about one year. It occurs community that now the earliest date on Thursday, November 4, from 1:00 in lagoons, tidal bays, and brackish that the proposed change might take p.m. to 3:00 p.m., and from 6:00 p.m. to tributaries along the California effect is October 29, 2000. 8:00 p.m. in Carlsbad, California. The coastline. This fish is threatened by habitat loss and degradation, predation FOR FURTHER INFORMATION CONTACT: comment period closes November 30, by non-native species, and extreme Joanne Petrie, Office of the Assistant 1999. weather and streamflow conditions. General Counsel for Regulation and ADDRESSES: The public hearing will be Comments from the public regarding the Enforcement, U.S. Department of held at La Costa Resort, Conference accuracy of this proposed rule are Transportation, Room 10424, 400 Center Theater, La Costa Del Mar Road, Carlsbad, California. Comments and sought, especially regarding: Seventh Street, SW., Washington, DC (1) The reasons why any habitat materials concerning this proposal 20590, (202) 366–9315. should or should not be determined to should be sent to the Field Supervisor, Issued in Washington, DC on October 8, be critical habitat as provided by section U.S. Fish and Wildlife Service, Carlsbad 1999. 4 of the Act, including whether the Fish and Wildlife Office, 2730 Loker Rosalind Knapp, benefits of designation will outweigh Avenue West, Carlsbad, California, Acting General Counsel. any threats to the species due to 92008. Comments and materials designation; [FR Doc. 99–26945 Filed 10–14–99; 8:45 am] received will be available for public BILLING CODE 4910±62±P (2) Specific information on the inspection, by appointment, during amount and distribution of tidewater normal business hours at the above goby habitat, and what habitat is address. DEPARTMENT OF THE INTERIOR essential to the conservation of the FOR FURTHER INFORMATION CONTACT: Glen species and why; Fish and Wildlife Service Knowles, Carlsbad Fish and Wildlife (3) Land use practices and current or Office (see ADDRESSES section) at (760) planned activities in the subject areas 50 CFR Part 17 491–9440. and their possible impacts on proposed SUPPLEMENTARY INFORMATION: RIN 1018±AE30 critical habitat; (4) Any foreseeable economic or other Background Endangered and Threatened Wildlife impacts resulting from the proposed and Plants; Public Hearing and On August 3, 1999, the service designation of critical habitat, in Reopening of Comment Period on published a rule proposing critical particular, any impacts on small entities Proposed Critical Habitat for the habitat for the tidewater goby or families; and Tidewater Goby Eucyclogobius newberryi in the Federal (5) Economic and other values Register (64 FR 42250), a species now associated with designating critical AGENCY: Fish and Wildlife Service, classified as endangered throughout its habitat for the tidewater goby, such as Interior. entire range. The original comment those derived from non-consumptive

VerDate 12-OCT-99 10:48 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\A15OC2.017 pfrm02 PsN: 15OCP1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Proposed Rules 55893 uses (e.g., camping, hiking, bird- watching, enhanced watershed protection, improved air quality, increased soil retention, ‘‘existence values,’’ and reductions in administrative costs). Author: The primary author of this notice is Glen Knowles (see ADDRESSES section). Authority: The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: October 10, 1999. Elizabeth H. Stevens, Acting Manager, California/Nevada Operations Office. [FR Doc. 99–26787 Filed 10–14–99; 8:45 am] BILLING CODE 4310±55±U

VerDate 12-OCT-99 17:05 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\15OCP1.XXX pfrm03 PsN: 15OCP1 55894

Notices Federal Register Vol. 64, No. 199

Friday, October 15, 1999

This section of the FEDERAL REGISTER commerce, and to solicit proposals from a system will be evaluated in the contains documents other than rules or the public that would seek to simplify context of the following criteria. proposed rules that are applicable to the state and local sales and use taxes, Criteria for Evaluation of Alternative public. Notices of hearings and investigations, among other benchmarks. While a Proposals committee meetings, agency decisions and number of criteria were initially rulings, delegations of authority, filing of petitions and applications and agency proposed during this New York Simplification statements of organization and functions are meeting, the meeting concluded with 1. How does this proposal examples of documents appearing in this the understanding that those criteria fundamentally simplify the existing section. could be amended or supplemented and system of sales tax collection (Some that additional criteria would be added examples may be: common definitions, immediately thereafter. single rate per state, clarification of ADVISORY COMMISSION ON During the weeks following the nexus standards, and so forth)? ELECTRONIC COMMERCE conclusion of the meeting in New York, 2. How does this proposal define, Commissioners proposed numerous Invitation for Proposals Related to distinguish, and propose to tax changes, and the list of criteria was Electronic Commerce Taxes and information, digital goods, and services refined and expanded. Where possible, Notice of Meeting provided electronically over the the Commission combined similar Internet? The purpose of this announcement is criteria and omitted duplicate 3. How does this proposal protect to invite interested parties to submit suggestions to narrow the list. against onerous and/or multiple audits? proposals to the Commission related to This document reflects the priorities Taxation state and local taxation of Internet of the Commissioners with regard to the transactions and electronic commerce. criteria that should be incorporated in 4. Does this proposal impose any Details pertaining to the next meeting of the proposals to be selected and taxes on Internet access or new taxes on the Commission are also included. presented before the Commission at its Internet sales? The Advisory Commission on December meeting in San Francisco. 5. Does this proposal leave the net tax Electronic Commerce was established The decision of the Commission to use burden on consumers unchanged? (Does by Public Law 105–277 to conduct a a specific list of criteria to evaluate it impose an obligation to pay taxes thorough study of federal, state, local plans to simplify state and local sales where such an obligation does not exist and international taxation and tariff and use taxes should not be interpreted today? Does it reduce or increase state treatment of transactions using the as a decision to adopt a plan to and local telecommunication taxes? Internet and Internet access and other implement taxation of Internet-based Does it reduce or increase taxes, comparable intrastate, interstate or transactions. While these criteria should licensing fees, or other charges on international sales activities. The not be considered a litmus test, each services designed or used for access to Commission is to report its findings and criterion will be important to certain or use of the Internet?) recommendations to the Congress no Commissioners as they evaluate each 6. Does the proposal impose any tax, later than April 21, 2000. proposal that is submitted. licensing or reporting requirement, The Commission met in June in collection obligation or other obligation The Report Drafting Subcommittee Williamsburg, Virginia, and in or fee on parties other than those with will evaluate all proposals and make September in New York City. Notice is a physical presence in a particular state recommendations to the full hereby given that the Commission will or political subdivision? Commission on those proposals that meet December 14–15, 1999, in San 7. What features of the proposal will should be accompanied by a formal Francisco, California. The location and impact the revenue base of federal, state, presentation at the December 14 and 15, hours of the meeting and the agenda and local governments? will be published when available on the 1999 meeting in San Francisco. Commission’s Web site listed below. What follows is the final list of Burden on Sellers The final Commission meeting is criteria expressed in the form of 8. Does this proposal remove the scheduled for March 20–21, 2000, in questions. This form was used to financial, logistical, and administrative Dallas, Texas. encourage submitters not only to state compliance burdens of sales and use tax their proposals, but also, briefly, to state collections from sellers? Does the Criteria/Standards for the Tax how their proposals satisfy the proposal include any special provisions Treatment of Electronic Commerce and underlying criteria. This list reflects the with respect to small, medium-sized, or Other Remote Transactions criteria as originally presented in New start-up businesses? The Advisory Commission on York, and encompasses all the revisions Electronic Commerce was tasked with and additions that were subsequently Discrimination the responsibility of studying the tax added by individual Commissioners. All 9. Does the proposal treat purchasers treatment of electronic commerce 18 criteria should be addressed in of like products or services in as like a transactions. The Commission held its proposals submitted to the Commission manner as possible through the second meeting in New York City on for consideration. Any estimates or implementation of a policy or system September 14–15, 1999. During this opinions must be substantiated. Should that does not discriminate on the basis meeting, the Commission moved to the Commission ultimately decide to of how people buy? establish a set of benchmarks recommend a streamlined system for the 10. Does the proposal discriminate concerning the taxation of electronic collection of sales and use taxes, such against out-of-state or remote vendors or

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.162 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55895 among different categories of such Records shall be kept of all help you, please call (202) 690–2817 vendors? Commission proceedings and shall be before coming. available for public inspection given APHIS documents published in the International adequate notice at the Commission’s Federal Register, and related 11. How does this proposal affect U.S. offices at 3401 North Fairfax Dr., information, including the names of global competitiveness and the ability of Arlington, Virginia 22201–4498. In organizations and individuals who have U.S. businesses to compete in a global addition, records of meetings including commented on APHIS rules, are marketplace? agendas, transcripts and minutes are available on the Internet at http:// 12. Can this proposal be scaled to the posted as soon as available on the www.aphis.usda.gov/ppd/rad/ international level? Commission’s Web site. webrepor.html. 13. How does this proposal conform A listing of the members of the FOR FURTHER INFORMATION CONTACT: to international tax systems, including For Commission and details concerning information regarding the Veterinary those that are based on source rather their appointment were published in the than destination? Is this proposal Accreditation Program, contact Dr. Federal Register on June 9, 1999, at 64 Quita Bowman, Program Manager, harmonized with the tax systems of FR 30958. America’s trading partners? National Veterinary Accreditation Heather Rosenker, Program, Operational Support, VS, Technology Executive Director. APHIS, 4700 River Road Unit 33, 14. Is the proposal technologically [FR Doc. 99–27008 Filed 10–14–99; 8:45 am] Riverdale, MD 20737–1231; (301) 734– feasible utilizing widely available BILLING CODE 0000±00±P 8093. For copies of more detailed software to enable tax collection? If so, information on the information what are the initial costs and the costs collection, contact Ms. Cheryl Groves, for required updates, and who is to bear DEPARTMENT OF AGRICULTURE APHIS’ Information Collection those costs? Coordinator, at (301) 734–5086. Animal and Plant Health Inspection SUPPLEMENTARY INFORMATION: Privacy On Service February 26, 1999, we published in the 15. Does the proposal protect the [Docket No. 99±005±2] Federal Register a notice that requested privacy of purchasers? an extension of approval of an Sovereignty/Local Government Notice of Request for Extension of information collection in support of the Autonomy Approval of an Information Collection Veterinary Accreditation Program. In the notice, we provided a 16. Does this proposal respect the AGENCY: Animal and Plant Health description of the information sovereignty of states and Native Inspection Service, USDA. collection, which included an estimate Americans? ACTION: Extension of approval of an 17. How does this proposal treat local of the burden on respondents, including information collection; correction; governments’ autonomy and their estimated annual numbers of request for comments. ability to raise a greater or lesser amount respondents, estimated annual numbers of responses per respondent, estimated of revenues depending on the needs and SUMMARY: We are making corrections to desires of their citizens? annual number of responses, and information published in a notice that estimated total annual burden on Constitutional requested an extension of approval of an respondents. information collection in support of the In making the above estimates, we 18. Is the proposal constitutional? Veterinary Accreditation Program. The Proposals must be no longer than made an error in our calculations. In notice was published in the Federal eight single-spaced pages in length and this document, we are republishing the Register on February 26, 1999 (64 FR must be submitted in 30 copies to the description of the information collection 9468, Docket No. 99–005–1). We are Commission’s offices listed below. In with corrected estimates, and we are republishing the description of the addition, electronic copies of providing an additional 30 days for information collection with corrected submissions must be sent on a 31⁄2 inch comment. estimates in this document. computer disc or CD–ROM in Microsoft Title: Veterinary Accreditation Word, Excel or Power Point format, DATES: We invite you to comment on Program. addressed to the Commission’s staff this docket. We will consider all OMB Number: 0579–0032. offices at the location listed below. The comments that we receive by November Expiration Date of Approval: October deadline for receipt of all materials is 15, 1999. 31, 1999. November 15, 1999. Anyone submitting ADDRESSES: Please send your comment Type of Request: Extension of a proposal should be prepared to and three copies to: Docket No. 99–005– approval of an information collection. formally present the proposal at the 2, Regulatory Analysis and Abstract: The United States Commission’s meeting in San Francisco Development PPD, APHIS, Suite 3C03, Department of Agriculture is upon the Commission’s request. 4700 River Road, Unit 118, Riverdale, responsible for preventing the spread of In addition to the above, interested MD 20737–1238. serious communicable animal diseases persons are reminded of the general Please state that your comment refers from one State to another and for invitation to provide comments in to Docket No. 99–005–2. eradicating such diseases from the writing to the Commission. Written You may read any comments that we United States when feasible. comments should be provided in receive on this docket in our reading However, because APHIS does not accordance with guidelines published room. The reading room is located in have sufficient personnel to perform all in the Federal Register on August 13, room 1141 of the USDA South Building, necessary animal disease prevention 1999 (64 FR 44183). 14th Street and Independence Avenue, work, we rely heavily on assistance Comments of a brief nature may be SW., Washington DC. Normal reading from veterinarians in the private sector. addressed to the Commission through room hours are 8 a.m. to 4:30 p.m., Our Veterinary Accreditation Program its Web site at Monday through Friday, except authorizes private veterinary www.ecommercecommission.org. holidays. To be sure someone is there to practitioners to work cooperatively with

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.162 pfrm02 PsN: 15OCN1 55896 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices us, as well as with State animal health rounding, the total annual burden hours IN; Topper Thorpe, Castle Rock, CO; officials, to carry out regulatory may not equal the product of the annual Hugh Anslum Warren, Greenwood, programs that ensure the health of the number of responses multiplied by the MS. Professional Organizations— Nation’s livestock and poultry. average reporting burden per response.) Walter J. Armbruster, Darien, IL; Operating this important program All responses to this notice will be Ronald C. Wimberley, Raleigh, NC. requires us to engage in a number of summarized and included in the request Comments: The duties of the information gathering activities for OMB approval. All comments will Committee are solely advisory. The including: also become a matter of public record. Committee will make recommendations • Conducting veterinary accreditation Done in Washington, DC, this 8th day of to the Secretary of Agriculture with orientation and training. October 1999. regards to the agricultural statistics • Completing animal health Craig A. Reed, program of the National Agricultural certificates. Statistics Service (NASS) and such other • Administrator, Animal and Plant Health Applying and removing official Inspection Service. matters as it may deem advisable, or seals. [FR Doc. 99–26982 Filed 10–14–99; 8:45 am] which the Secretary of Agriculture, • Completing test reports. Under Secretary for Research, BILLING CODE 3410±34±U • Reviewing applications for Education, and Economics, or the veterinary accreditation and re- Administrator of NASS may request. accreditation. The Advisory Committee’s first meeting • DEPARTMENT OF AGRICULTURE Recordkeeping. will take place before the end of the • Updating information on accredited National Agricultural Statistics Service 1999 calendar year. All meetings are veterinarians. open to the public. Committee members We are asking the Office of Notice of Appointment to the Advisory will be reimbursed for official travel Management and Budget (OMB) to Committee on Agriculture Statistics expenses only. approve the continued use of this ADDITIONAL INFORMATION: Questions information collection activity. AGENCY: National Agricultural Statistics Service, USDA. should be e-mailed to The purpose of this notice is to solicit [email protected], faxed to (202) ACTION: Notification of appointment to comments from the public (as well as 720–9013, OR telephoned to Rich Allen, the Advisory Committee on Agriculture affected agencies) concerning our Associate Administrator, NASS, at (202) Statistics. information collection. These comments 720–4333. All mailed correspondence will help us: SUMMARY: should be sent to Rich Allen, Associate (1) Evaluate whether the proposed The Office of the Secretary of Administrator, U.S. Department of collection of information is necessary Agriculture, in accordance with the Agriculture, National Agricultural for the proper performance of the Federal Advisory Committee Act, 5 Statistics Service, 1400 Independence functions of the Agency, including U.S.C. App. 2, announces members Avenue SW, Room 4117 South whether the information will have appointed to the Advisory Committee Building, Washington, DC 20250–2000. practical utility; on Agriculture Statistics. Twenty-five (2) Evaluate the accuracy of our members were appointed from seven Signed at Washington, D.C., September 28, estimate of the burden of the proposed categories that cover a broad range of 1999. collection of information, including the agricultural disciplines and interests. Donald M. Bay, Appointed members by categories validity of the methodology and Administrator, National Agricultural they represent are: assumptions used; Statistics Service. (3) Enhance the quality, utility, and Consumer and Information [FR Doc. 99–26924 Filed 10–14–99; 8:45 am] clarity of the information to be Organizations—Arthur R. Brown Jr., BILLING CODE 3410±20±P collected; and Egg Harbor, NJ; Ross Ronald Racine, (4) Minimize the burden of the Billings, MT; James Dennis Rieck, collection of information on those who Winfield, IL. Educational DEPARTMENT OF AGRICULTURE are to respond, through use, as Organizations—Ling-Jung (Kelvin) Natural Resources Conservation appropriate, of automated, electronic, Koong, Corvallis, OR; Bobby Ray Service mechanical, and other collection Phills, Tallahassee, FL; Gumecindo Salas, Springfield, VA. Farm Services technologies, e.g., permitting electronic Task Force on Agricultural Air Quality submission of responses. Organizations—Charles Edward Estimate of burden: The public Adams, Senath, MO; John Irving AGENCY: Natural Resources reporting burden for this collection of Gifford, Rock Island, IL; Thomas Conservation Service (NRCS). information is estimated to average Howard Kimmel, Reston, VA; Jack ACTION: Notice of meeting. 0.30516 hours per response. Charles Mitenbuler, Indianapolis, IN; Respondents: Accredited Mark Edward Whalon, East Lansing, SUMMARY: The Task Force on veterinarians, candidates for the MI. Government Agencies—Robert Agricultural Air Quality will meet for Veterinary Accreditation Program, and Dale Epperson, Fresno, CA. National the first time in FY 2000 to discuss the State animal health officials who review Farm Organizations— Carol Ann relationship between agricultural applications for veterinary accreditation Gregg, Grove City, PA; Mark W. production and air quality. Special and re-accreditation. Jenner, Mt. Prospect, IL; Sheila Kay emphasis will be placed on promoting Estimated annual number of Massey, Animas, NM; Ivan W. Wyatt, a greater understanding of agriculture’s respondents: 56,024. Cedar Point, KS. Producer and impact on air quality and the role it Estimated annual number of Marketing Organizations—Mark Dale plays in the local and national economy. responses per respondent: 3.0527. Lange, Germantown, TN; Andrew The meeting is open to the public. Estimated annual number of William LaVigne, Lakeland, FL; DATES: The meeting will convene responses: 171,024. Edward Jerome Pennick, College Park, Tuesday, November 9, 1999 at 9 a.m. Estimated total annual burden on GA; Ashby Pamplin Ruden, Reston, and continue until 5 p.m. The meeting respondents: 52,190 hours. (Due to VA; Lee F. Schrader, West Lafayette, will resume Wednesday, November 10,

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.194 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55897

1999 from 9 a.m. to 4 p.m. Written Procedural procure the service listed below from material and requests to make oral This meeting is open to the public. At nonprofit agencies employing persons presentations should reach the Natural the discretion of the Chair, members of who are blind or have other severe Resources Conservation Service on or the public may present oral disabilities. I certify that the following action will before November 1, 1999. presentations during the November 9 not have a significant impact on a ADDRESSES: The meeting will be held at and 10, 1999 meeting. Persons wishing substantial number of small entities. the Doubletree Guest Suites, 2515 to make oral presentations should notify The major factors considered for this Meridian Parkway, Durham, NC 27713, George Bluhm no later than November telephone (919) 361–4660. Written certification were: 1, 1999. If a person submitting material 1. The action will not result in any material and requests to make oral would like a copy distributed to each additional reporting, recordkeeping or presentations should be sent to George member of the committee in advance of other compliance requirements for small Bluhm, University of California, Land, the meeting, that person should submit entities other than the small Air, and Water Resources, 151 Hoagland 25 copies to George Bluhm no later than organizations that will furnish the Hall, Davis, CA 95616–6827. November 1, 1999. service to the Government. FOR FURTHER INFORMATION: Questions or Information on Services for Individuals 2. The action will result in comments should be directed to George With Disabilities authorizing small entities to furnish the Bluhm, Designated Federal Official, service to the Government. telephone (530) 752–1018, fax (530) For information on facilities or 3. There are no known regulatory 752–1552, e-mail services for individuals with disabilities alternatives which would accomplish [email protected]. or to request special assistance at the the objectives of the Javits-Wagner- meeting, contact George Bluhm as soon SUPPLEMENTARY INFORMATION: O’Day Act (41 U.S.C. 46–48c) in Notice of as possible. this meeting is given under the Federal connection with the service proposed Advisory Committee Act, 5 U.S.C. App. Dated: October 7, 1999. for addition to the Procurement List. 2. Additional information about the Lawrence E. Clark, Comments on this certification are Task Force on Agricultural Air Quality, Deputy Chief for Science and Technology, invited. Commenters should identify the including any revised agendas for the Natural Resources Conservation Service. statement(s) underlying the certification November 9 and 10, 1999 meeting that [FR Doc. 99–26925 Filed 10–14–99; 8:45 am] on which they are providing additional information. may appear after this Federal Register BILLING CODE 3410±16±P The following service has been Notice is published, may be found on proposed for addition to Procurement the World Wide Web at http:// List for production by the nonprofit www.nhq.nrcs.usda.gov/faca/aaqtf.html. COMMITTEE FOR PURCHASE FROM agencies listed: Draft Agenda of the November 9 and PEOPLE WHO ARE BLIND OR Laundry/Dry Cleaning 10, 1999 Meeting SEVERELY DISABLED Camp Pendleton Marine Corps Base, Camp A. Welcome to North Carolina by State Procurement List; Proposed Addition Pendleton, California and local officials NPA: Job Options, Inc., San Diego, AGENCY: Committee for Purchase From B. Fire Emission Joint Forum, Peter California People Who Are Blind or Severely Lahm, FS Beverly L. Milkman, Disabled. C. EPA Update, Sally Shaver, EPA Executive Director. ACTION: Proposed addition to 1. PM health effects [FR Doc. 99–26988 Filed 10–14–99; 8:45 am] Procurement List. 2. EPA research update BILLING CODE 6353±01±P 3. Technical tools—Monitoring, SUMMARY: The Committee has received a modeling and inventories proposal to add to the Procurement List COMMITTEE FOR PURCHASE FROM 4. Regional haze rule a service to be furnished by nonprofit PEOPLE WHO ARE BLIND OR 5. NAAQS litigation agencies employing persons who are SEVERELY DISABLED 6. Air toxics blind or have other severe disabilities. D. Business, Pearlie Reed, Chief, NRCS COMMENTS MUST BE RECEIVED ON OR Procurement List; Additions and Chairman, AAQTF BEFORE: November 15, 1999. AGENCY: Committee for Purchase From 1. Approve minutes of the June 22 ADDRESSES: Committee for Purchase People Who Are Blind or Severely and 24, 1999 AAQTF meeting From People Who Are Blind or Severely Disabled. 2. Voluntary program subcommittee Disabled, Crystal Gateway 3, Suite 310, ACTION: Additions to the Procurement report, Calvin Parnell, Acting 1215 Jefferson Davis Highway, List. Chairman Arlington, Virginia 22202–4302. 3. Agricultural burning subcommittee FOR FURTHER INFORMATION CONTACT: SUMMARY: This action adds to the report, Robert Quinn, Chairman Beverly Milkman (703) 603–7740. Procurement List services to be 4. Research priorities and oversight SUPPLEMENTARY INFORMATION: This furnished by nonprofit agencies subcommittee report, Dennis notice is published pursuant to 41 employing persons who are blind or Trotter, Chairman U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its have other severe disabilities. 5. Confined animals and emission purpose is to provide interested persons EFFECTIVE DATE: November 15, 1999. factors subcommittee report, John an opportunity to submit comments on ADDRESSES: Committee for Purchase Sweeten, Chairman the possible impact of the proposed From People Who Are Blind or Severely 6. Monitoring and health effects actions. Disabled, Crystal Gateway 3, Suite 310, subcommittee report, Phillip If the Committee approves the 1215 Jefferson Davis Highway, Wakelyn, Chairman proposed addition, all entities of the Arlington, Virginia 22202–4302. E. Set date and location for next Federal Government (except as FOR FURTHER INFORMATION CONTACT: meetings otherwise indicated) will be required to Beverly Milkman (703) 603–7740.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.165 pfrm02 PsN: 15OCN1 55898 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

SUPPLEMENTARY INFORMATION: On DEPARTMENT OF COMMERCE not aid in the prosecution or October 16, 1998, and August 13, and preparation of any papers or 20, 1999, the Committee for Purchase Submission for OMB Review; applications associated with From People Who Are Blind or Severely Comment Request applications reviewed while in the Disabled published notices (63 FR employ of the PTO. The PTO uses this The Department of Commerce (DOC) 55577, 64 FR 44198 and 45506) of information (through the Office of has submitted to the Office of proposed additions to the Procurement Enrollment and Discipline) to determine Management and Budget (OMB) for List. if the applicant for registration is of clearance the following proposal for good moral character and repute; has After consideration of the material collection of information under the the necessary legal, scientific, and presented to it concerning capability of provisions of the Paperwork Reduction technical qualifications; and is qualified nonprofit agencies to provide Act (44 U.S.C. Chapter 35). the services and impact of the additions Agency: Patent and Trademark Office otherwise competent to advise and on the current or most recent (PTO). assist applicants in the presentation and contractors, the Committee has Title: Admittance to Practice and prosecution of applications for patent determined that the services listed Roster of Registered Patent Attorneys grants. Affected Public: Individuals or below are suitable for procurement by and Agents Admitted to Practice Before households, businesses or other for- the Federal Government under 41 U.S.C. the Patent and Trademark Office. 46–48c and 41 CFR 51–2.4. Form Numbers: Form PTO–158/158A/ profit, Federal government, and state, local or tribal government. I certify that the following action will 275/107A. Agency Approval Number: 0651– Frequency: On occasion. not have a significant impact on a Respondent’s Obligation: Required to substantial number of small entities. 0012. Type of Request: Reinstatement, with obtain or retain benefits. The major factors considered for this OMB Desk Officer: Peter Weiss, (202) change, of an information collection. certification were: 395–3630. Burden: 3,557 hours per year. Copies of the above information 1. The action will not result in any Number of Respondents: 8,100 collection proposal can be obtained by additional reporting, recordkeeping or responses per year. other compliance requirements for small Avg. Hours Per Response: The PTO calling or writing Linda Engelmeier, entities other than the small estimates that it takes the public 30 Departmental Forms Clearance Officer, organizations that will furnish the minutes to gather the information, (202) 482–3272, Office of the Chief services to the Government. prepare the forms and additional Information Officer, Department of Commerce, Room 5033, 14th and 2. The action will not have a severe materials (if applicable), and submit the Constitution Avenue, NW, Washington, economic impact on current contractors two applications for registration to DC 20230. for the services. practice before the PTO. Although some Written comments and applicants may be able to complete the 3. The action will result in recommendations for the proposed application for registration by a foreign authorizing small entities to furnish the information collection should be sent resident in less time, the PTO has found services to the Government. within 30 days of publication to Peter that it takes the majority of applicants Weiss, OMB Desk Officer, Room 10236, 4. There are no known regulatory 30 minutes to complete this application. New Executive Office Building, 725 alternatives which would accomplish For the undertaking and data sheet, the 17th Street, N.W., Washington, D.C. the objectives of the Javits-Wagner- PTO estimates that it will take the 20503. O’Day Act (41 U.S.C. 46–48c) in public 20 minutes to gather the connection with the services proposed information, prepare the forms and Dated: October 6, 1999. for addition to the Procurement List. additional materials (if applicable) and Linda Engelmeier, Accordingly, the following services submit them to the PTO. Departmental Forms Clearance Officer, Office are hereby added to the Procurement Needs and Uses: This collection of of the Chief Information Officer. List: information is required by 35 U.S.C. [FR Doc. 99–26928 Filed 10–14–99; 8:45 am] Base Supply Center and Operation of §§ 31 and 37 CFR 10.5 through 10.19. BILLING CODE 3510±16±P Individual Equipment Element Store, The public uses the forms in this Barksdale Air Force Base, Louisiana information collection to apply for the examination for registration, to ensure DEPARTMENT OF COMMERCE Food Service that all of the necessary information is Marine Corps Barracks, 8th & I Streets, provided to the PTO, and to request Bureau of the Census Washington, DC inclusion on the Register of Patent Census Advisory Committees on the Attorneys and Agents. The PTO has Food Service African American Population, the created a separate application form for Marine Corps, Mess Hall #MCA 602, Norfolk, American Indian and Alaska Native foreign applicants to use to apply for Virginia Populations, the Asian and Pacific registration and to ensure that all of the Operation of Individual Equipment Element Islander Populations, and the Hispanic Store, Whiteman Air Force Base, necessary information is provided to the Population Missouri PTO. This form makes the application process easier and more efficient AGENCY: Bureau of the Census, This action does not affect current because the PTO does not require contracts awarded prior to the effective Commerce. foreign applicants to supply the same ACTION: Notice of public meeting. date of this addition or options that may amount of information as domestic be exercised under those contracts. applicants. This information collection SUMMARY: Pursuant to the Federal Beverly L. Milkman, also provides a form for former Advisory Committee Act (Public Law Executive Director. employees of the PTO who are applying 92–463 as amended by Pub. L. 94–409, [FR Doc. 99–26989 Filed 10–14–99; 8:45 am] for the examination for registration to Pub. L. 96–523, and Pub. L. 97–375), we BILLING CODE 6353±01±P use to certify in writing that they will are giving notice of a joint meeting

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.167 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55899 followed by separate and concurrently • Update on ‘‘policy of use’’ of evaluations and research studies, and held meetings of the Census Advisory American Indian names and mascots. the expertise and insight of their Committees (CACs) on the African • Update on coding procedures for members. American Population, the American American Indian tribes. All meetings are open to the public, Indian and Alaska Native Populations, • Report from the Working Group on and a brief period will be set aside on the Asian and Pacific Islander Race and Ethnic Tabulations. November 5 for public comment and Populations, and the Hispanic • Review of topics for the following questions. Individuals with extensive Population. The SUPPLEMENTARY day. questions or statements must submit INFORMATION section provides general The agenda (November 4) for the CAC them in writing to the Committee information about the meeting agenda. on the Asian and Pacific Islander Liaison Officer, named above, at least DATES: November 4–5, 1999. The Populations and/or its Subcommittees three days before the meeting. will include the following: These meetings are physically November 4 meeting will begin at 8:45 • a.m. and end approximately at 5:15 p.m. Review of Committee accessible to people with disabilities. The November 5 meeting will begin at recommendations and responses. Requests for sign language • Update on the language program. interpretation or other auxiliary aids 8:45 a.m. and end approximately at 4:30 • p.m. Last minute changes to the Update on recruitment and hiring. should be directed to the Committee • Update on Hawaiian Homelands. schedule are possible, and they could Liaison Officer. • Update on community events. prevent us from giving advance notice. Dated: October 12, 1999. • Report from the Working Group on Kenneth Prewitt, ADDRESSES: The meeting will take place Race and Ethnic Tabulations. at the Holiday Inn Hotel and Suites, 625 • Review of topics for the following Director, Bureau of the Census. First Street, Alexandra, VA 22314. day. [FR Doc. 99–26961 Filed 10–14–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: The agenda (November 4) for the CAC BILLING CODE 3510±07±P Maxine Anderson-Brown, Committee on the Hispanic Population will include Liaison Officer, Department of the following: Commerce, Bureau of the Census, Room • Review of Committee DEPARTMENT OF COMMERCE 1647, Federal Building 3, Washington, recommendations and responses. Bureau of the Census DC 20233, telephone 301–457–2308, • Update on Census Information TDD 301–457–2540. Centers. Census Advisory Committee on the • SUPPLEMENTARY INFORMATION: The Update on staffing. American Indian and Alaska Native • agenda for the November 4 and 5 Update on plans to evaluate the Populations combined meeting will include updates language program. on the following: • Update on Community events. AGENCY: Bureau of the Census, • Census 2000 key operations. • Report from the Working group on Commerce. • Census 2000 field operations. Race and Ethnic Tabulations. ACTION: Notice of public meeting. • Census 2000 paid advertising • Review of topics for the following campaign and promotional activities. day. SUMMARY: Pursuant to the Federal • Census 2000 data for redistricting. On November 5, each of the Advisory Committee Act (Pub. L. 92– • Census 2000 data products. Committees will address draft 463 as amended by Pub. L. 94–409, Pub. • Census 2000 partnership activities. recommendations and any other topics L. 96–523, and Pub. L. 97–375), we are The four committees will meet identified the previous day. giving notice of a meeting of the Census separately and concurrently for sessions The CACs on the African American, Advisory Committee on the American on both November 4 and 5. American Indian and Alaska Native, Indian and Alaska Native Populations. The agenda (November 4) for the CAC and Hispanic Populations are comprised The meeting will focus on updates and on the African American Population of nine members each. The Asian and plans related to the enumeration of the will include the following: American Indian and Alaska Native • Pacific Islander Committee is comprised Review of Committee of 13 members distributed between two Populations, particularly in American recommendations and responses. Indian and Alaska Native areas. This • subcommittees—the Asian Update on Census Information Subcommittee consisting of eight meeting also will include summary Centers. members and the Native Hawaiian and reports on the ongoing American Indian • Review of Census activities of Other Pacific Islander Subcommittee and Alaska Native Regional Meeting and members. consisting of five members. The on Census 2000 promotional activities • Update on field operations. with the American Indian and Alaska Secretary of Commerce appoints the • Update on community events. Native Populations. • members. The Committees provide a Report from Working Group on DATES: November 3, 1999. The meeting Race and Ethnic Tabulations. channel of communication between the • representative communities and the will begin at 12:30 p.m. and end at Review of topics for the following approximately 5:15 p.m. day. Bureau of the Census. They assist the ADDRESSES: The meeting will take place The agenda (November 4) for the CAC Bureau in its efforts to reduce the count at the Holiday Inn Hotel and Suites, 625 on the American Indian and Alaska differential for Census 2000 and advise First Street, Alexandria, VA 22314. Native Populations will include the on ways that census data can best be following: disseminated to communities and other FOR FURTHER INFORMATION CONTACT: • Review of Committee users. Maxine Anderson-Brown, Committee recommendations and responses. The Committees will provide advice Liaison Officer, Department of • Update on Census Information and recommendations for the Commerce, Bureau of the Census, Room Centers. implementation and evaluation phases 1647, Federal Building 3, Washington, • Update on sampling and estimation of Census 2000. To do so, they will DC 20233, telephone 301–457–2308, procedures. draw on several items including past TDD 301–457–2540. • Report on status of recruitment experience with the 1990 census SUPPLEMENTARY INFORMATION: The efforts. process and procedures, the results of Committee is composed of nine

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.169 pfrm02 PsN: 15OCN1 55900 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices members appointed by the Secretary of DATES: Written comments must be Estimated Number of Respondents: Commerce. The Committee provides a submitted on or before December 14, 4,000 channel of communication between the 1999. Estimated Time Per Response: 20 representative communities and the ADDRESSES: Direct all written comments minutes Bureau of the Census. The Committee to Linda Engelmeier, Departmental Estimated Total Annual Burden assists the Bureau in its efforts to reduce Forms Clearance Officer, Department of Hours: 1,650 the count differential for Census 2000 Commerce, Room 5327, 14th and Estimated Total Annual Cost to and advises on ways that decennial Constitution Avenue NW, Washington Public: $2,000 census data can best be disseminated to DC 20230 (or via Internet at IV. Request for Comments communities and other users. [email protected]). The Committee will provide advice FOR FURTHER INFORMATION CONTACT: Comments are invited on: (a) Whether and recommendations for the Requests for additional information or the proposed collection of information implementation and evaluation phases copies of the information collection is necessary for the proper performance of Census 2000. To do so, they will instrument(s) and instructions should of the functions of the agency, including draw on several items including past be directed to Charles L. Cooper, whether the information shall have experience with the 1990 census Financial Services Division, Office of practical utility; (b) the accuracy of the process and procedures, the results of Sustainable Fisheries, National Marine agency’s estimate of the burden evaluations and research studies, and Fisheries Service, 1315 East West (including hours and cost) of the the expertise and insight of their Highway, Silver Spring, Maryland proposed collection of information; (c) members. 20910, 301–713–2396. ways to enhance the quality, utility, and The meeting is open to the public, SUPPLEMENTARY INFORMATION: clarity of the information to be and a brief period is set aside during the collected; and (d) ways to minimize the closing session for public comment and I. Abstract burden of the collection of information questions. Those persons with extensive Respondents will be commercial on respondents, including through the questions or statements must submit fishing industry individuals, use of automated collection techniques them in writing to the Census Bureau partnerships, and corporations which or other forms of information Committee Liaison Officer, named entered into Capital Construction Fund technology. above, at least three days before the agreements with the Secretary of Comments submitted in response to meeting. Commerce allowing deferral of Federal this notice will be summarized and /or This meeting is physically accessible taxation on fishing vessel income included in the request for OMB to people with disabilities. Requests for deposited into the fund for use in the approval of this information collection; sign language interpretation or other acquisition, construction, or they also will become a matter of public auxiliary aids should be directed to the reconstruction of fishing vessels. record. Census Bureau Committee Liaison Deferred taxes are recaptured by Dated: October 7, 1999. Officer. reducing an agreement vessel’s basis for Linda Engelmeier, Dated: October 12, 1999. depreciation by the amount withdrawn Departmental Forms Clearance Officer, Office Kenneth Prewitt, from the fund for its acquisition, of Chief Information Officer. Director, Bureau of Census. construction, or reconstruction. The [FR Doc. 99–27014 Filed 10–14–99; 8:45 am] [FR Doc. 99–26960 Filed 10–14–99; 8:45 am] deposit/withdrawal information BILLING CODE 3510±22±F BILLING CODE 3510±07±P collected from agreement holders is required pursuant to 50 CFR 259.35 and P.L. 99–514 (The Tax Reform Act, 1986). DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE The information collected is required to ensure that agreement holders are National Oceanic and Atmospheric National Oceanic and Atmospheric complying with fund deposit/ Administration Administration withdrawal requirements established in [I.D. 101299C] program regulations and properly [I.D. 101299B] accounting for fund activity on their Fishing Vessel Capital Construction Federal income tax returns. The Atlantic Highly Migratory Species Fund Deposit/Withdrawal Report information collected must also be Vessel Logbooks reported annually to the Secretary of AGENCY: National Oceanic and Treasury in accordance with the Tax AGENCY: National Oceanic and Atmospheric Administration, Reform Act, 1986. Atmospheric Administration, Department of Commerce. Department of Commerce. II. Method of Collection ACTION: Proposed Collection; comment ACTION: Proposed Collection; comment request. The information will be collected on request. the Capital Construction Fund Deposit/ SUMMARY: The Department of Withdrawal Report form, which SUMMARY: The Department of Commerce, as part of its continuing agreement holders are required to Commerce, as part of its continuing effort to reduce paperwork and submit at the end of their tax year. effort to reduce paperwork and respondent burden, invites the general respondent burden, invites the general public and other Federal agencies to III. Data public and other Federal agencies to take this opportunity to comment on OMB Number: 0648–0041 take this opportunity to comment on proposed and/or continuing information Form Number: NOAA Form 34–82 proposed and/or continuing information collections, as required by the Type of Review: Regular submission collections, as required by the Paperwork Reduction Act of 1995, Affected public: Business and other Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. for-profit (commercial fishermen, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). partnerships, and corporations) 3506(c)(2)(A)).

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.215 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55901

DATES: Written comments must be or shark fisheries are required to DEPARTMENT OF COMMERCE submitted on or before December 14, complete vessel logbooks for all trips 1999. targeting HMS. In addition, selected National Oceanic and Atmospheric ADDRESSES: Direct all written comments tuna vessels (10 percent of permitted Administration to Linda Engelmeier, Departmental fleet) will be required to complete [I.D. 101299D] Forms Clearance Officer, Department of logbooks. Under this revised collection, Commerce, Room 5327, 14th and the cost/earnings summary of the Submission for OMB Review; Constitution Avenue NW, Washington logbook would be required for selected Comment Request DC 20230. vessels after all trips targeting HMS. FOR FURTHER INFORMATION CONTACT: The Department of Commerce (DOC) Requests for additional information or III. Data has submitted to the Office of Management and Budget (OMB) for copies of the information collection OMB Number: 0648–0371 instrument(s) and instructions should clearance the following proposal for be directed to Christopher Rogers, Form Number: NOAA Form 88–191 collection of information under the Highly Migratory Species Management Type of Review: Regular submission provisions of the Paperwork Reduction Division (F/SF1), Office of Sustainable Act (44 U.S.C. Chapter 35). Affected public: Business or other for- AGENCY: National Oceanic and Fisheries, NMFS, 1315 East-West profit (vessel operators) Highway, Silver Spring, MD 20910; Atmospheric Administration. (301) 713–2347. Estimated Number of Respondents: Title: Bluefin Tuna Dealer Reporting 3,540 Package. SUPPLEMENTARY INFORMATION: Estimated Time Per Response: 10 Agency Form Number: NOAA 88–144. I. Abstract OMB Approval Number: 0648–0239. minutes for cost/earnings summaries Type of Request: Revision of a Under the provisions of the attached to logbook reports. currently approved collection. Magnuson-Stevens Fishery Estimated Total Annual Burden Burden: 433 hours. Conservation and Management Act (16 Hours: 1,946 (these would be the Number of Respondents: 500 U.S.C. 1801 et seq.), NOAA is increase in burden above the 9,481 (multiple responses). responsible for management of the hours previously approved for this Avg. Hours Per Response: Varies Nation’s marine fisheries. In addition, collection). between 1 minute and 43 minutes NOAA must comply with the United depending on the requirement. States’ obligations under the Atlantic Estimated Total Annual Cost to Needs and Uses: The purpose of these Tunas Convention Act of 1975 (16 Public: $0 (no capital expenditures requirements is to comply with U.S. U.S.C. 971 et seq.). The National Marine required). obligations under the Magnuson- Fisheries Service (NMFS) collects IV. Request for Comments Stevens Fishery Conservation and information via vessel logbooks to Management Act and the Atlantic Tunas monitor the U.S. catch of swordfish, Comments are invited on: (a) Whether Convention Act (ATCA). The ATCA sharks and bluefin tuna in relation to the proposed collection of information requires the Secretary of Commerce to the quotas, thereby ensuring that the is necessary for the proper performance promulgate regulations adopted by the United States complies with its of the functions of the agency, including International Commission for the international obligations to the whether the information shall have Conservation of Atlantic Tunas. The International Commission for the practical utility; (b) the accuracy of the information requirements serve three Conservation of Atlantic Tunas (ICCAT). agency’s estimate of the burden purposes: (1) provides stock assessment The information supplied through (including hours and cost) of the and research information, (2) monitors vessel logbooks also provides the catch proposed collection of information; (c) landings so the country quota will not and effort data necessary to assess the ways to enhance the quality, utility, and be exceeded, and (3) verifies Atlantic status of Atlantic highly migratory and Pacific bluefin tuna export clarity of the information to be species (HMS) resources. Stock shipments in conjunction with the collected; and (d) ways to minimize the assessments are conducted and Bluefin Tunas Statistical Document burden of the collection of information presented to ICCAT periodically and program. provide, in part, the basis for ICCAT on respondents, including through the Affected Public: Businesses or other management recommendations which use of automated collection techniques for-profit organizations. become binding on member nations. or other forms of information Frequency: On occasion, bi-weekly, Supplementary information on fishing technology. recordkeeping.Respondent’s Obligation: costs and earnings has been collected Comments submitted in response to Mandatory. via the HMS vessel logbook program on this notice will be summarized and/or OMB Desk Officer: David Rostker, a voluntary basis. This economic included in the request for OMB (202) 395–3897. information enables NMFS to assess the approval of this information collection; Copies of the above information economic impacts of regulatory they also will become a matter of public collection proposal can be obtained by calling or writing Linda Engelmeier, programs on small businesses and record. fishing communities. Given the need for DOC Forms Clearance Officer, (202) more representative data and more Dated: October 7, 1999. 482–3272, Department of Commerce, complete analyses, NMFS proposes to Linda Engelmeier, Room 5027, 14th and Constitution make the cost/earnings summary a Departmental Forms Clearance Officer, Office Avenue, NW., Washington, D.C. 20230 mandatory requirement of the HMS of Chief Information Officer. (or via the Internet at logbook program. [FR Doc. 99–27015 Filed 10–14–99; 8:45 am] [email protected]). Written comments and BILLING CODE 3510±22±F II. Method of Collection recommendations for the proposed Vessel operators who are issued a information collection should be sent limited access permit in the swordfish within 30 days of publication to David

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.217 pfrm02 PsN: 15OCN1 55902 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Rostker, OMB Desk Officer, Room Affected Public: Individuals or certification was proposed in the April 10202, New Executive Office Building, household, businesses or other for-profit 11, 1997, FR, Vol 62, No. 70, page 725 17th Street, NW., Washington, D.C. organizations. 17785. The 60-day public comment 20503. Frequency: On occasion, period closed on June 10, 1997. No Dated: October 8, 1999. recordkeeping.Respondent’s Obligation: public comments were received. At its Mandatory. June 25, 1997, meeting, the Linda Engelmeier, OMB Desk Officer: David Rostker, Modernization Transition Committee Departmental Forms Clearance Officer, Office (202) 395–3897. (MTC) endorsed the WSO Victoria of the Chief Information Officer. Copies of the above information consolidation certification as not [FR Doc. 99–27013 Filed 10–14–99; 8:45 am] collection proposal can be obtained by resulting in a degradation of service. BILLING CODE 3510±22±F calling or writing Linda Engelmeir, DOC The automation and closure Forms Clearance Officer, (202) 482– certifications for WSO Victoria, Texas, 3272, Department of Commerce, Room were proposed in the October 2, 1997, DEPARTMENT OF COMMERCE 5027, 14th and Constitution Avenue, FR, Vol 62, No. 191, pages 51644– National Oceanic and Atmospheric NW., Washington, D.C. 20230 (or via the 51655. The 60-day public comment Administration Internet at [email protected]). period closed on December 1, 1997. Written comments and Nineteen individual letters and over recommendations for the proposed 2100 forms were received. See attached [I.D. 101299A ] information collection should be sent summary of public comments and NWS within 30 days of publication to David Submission for OMB Review; response. Rostker, OMB Desk Officer, Room At its December 10, 1997, meeting, Comment Request 10202, New Executive Office Building, the MTC endorsed the WSO Victoria The Department of Commerce (DOC) 725 17th Street, NW., Washington, D.C. automation and closure certifications as has submitted to the Office of 20503. not resulting in a degradation of service. Management and Budget (OMB) for Dated: October 6, 1999. While the MTC endorsed the certifications, it was concerned about clearance the following proposal for Linda Engelmeier, collection of information under the the number of comments reporting time Departmental Forms Clearance Officer, Office delays in receiving NWS products. The provisions of the Paperwork Reduction of the Chief Information Officer. MTC stated, ‘‘The MTC received a Act (44 U.S.C. Chapter 35). [FR Doc. 99–27016 Filed 10–14–99; 8:45 am] Agency: National Oceanic and briefing from the Meteorologist-in- BILLING CODE 3510±22±F Atmospheric Administration. Charge (MIC) of the Corpus Christi Title: Individual Fishing Quotas for NEXRAD Weather Service Office, which has service responsibility for the Pacific Halibut and Sablefish in the DEPARTMENT OF COMMERCE Alaska Fisheries. Victoria area. The MTC notes that the Agency Form Number: None. National Oceanic and Atmospheric MIC has met with the Victoria community on several occasions and OMB Approval Number: 0648–0272. Administration (NOAA) attempted to rectify the problem, but Type of Request: Existing collection in [Docket No. 990921258±9258±01] believes that further efforts are needed. use without an OMB approval number. The MTC requests an update on NWS Burden: 22,775 hours total but 4,005 National Weather Service (NWS) efforts in 6 months time.’’ hours for the requirements being Modernization and Associated On March 18, 1998, the MTC heard approved. Restructuring; Final Certification of No public comments from representatives Number of Respondents: 6,700 Degradation of Service for the of the Victoria, Texas, community and (multiple responses). Combined Consolidation, Automation, the NWS. The MTC rescinded its Avg. Hours Per Response: Varies and Closure of the Victoria, TX, endorsement of the certifications for between 5 minutes and 30 minutes Weather Service Office (WSO) WSO Victoria and agreed to hold its depending on the requirement. AGENCY: NWS, NOAA, Commerce. June meeting in Victoria, Texas, to Needs and Uses: Participation in the gather additional information. U.S. groundfish fisheries in the ACTION: Notice. On June 18, 1998, the MTC met in exclusive economic zone off Alaska SUMMARY: On October 7, 1999, the Victoria, Texas, listened to public grew faster than anticipated after the Under Secretary of Commerce for comments, and tabled further cessation of the foreign groundfish Oceans and Atmosphere transmitted to consideration of the consolidation, harvesting operations. The rapid Congress a notice of consolidation, automation, and closure certifications expansion in the U.S. fishery placed automation, and closure certification for pending responses to issues it identified increased pressure on the resource and WSO Victoria, Texas. Public Law 102– concerning community outreach, the eventually led to overcapitalization and 567 requires the final certifications be Automated Surface Observing System, a dangerous ‘‘race for fish’’ in the published in the FR. This notice and local infrastructure. groundfish fisheries off Alaska. To satisfies that requirement. On September 30, 1998, the MTC prevent this, an Individual Fishing heard responses from the community EFFECTIVE DATE: Quota Program for fixed gear Pacific October 15, 1999. and the NWS concerning the issues halibut and sablefish fisheries off Alaska ADDRESSES: Requests for copies of the identified at the June 18, 1998, MTC Was established. This request is for the final certification package should be meeting. The MTC also reviewed requirements established to administer sent to Tom Beaver, Room 11426, 1325 correspondence and received this program including, but not limited East-West Highway, Silver Spring, presentations from individuals to, vessel clearance and departure Maryland 20910–3283. representing Senators Phil Gramm and reports, dockside sales receipts, FOR FURTHER INFORMATION CONTACT: Tom Kay Bailey Hutchison and transshipment authorization, shipment Beaver at 301–713–0300 ext. 136. Representatives Ron Paul and Pete reports, and requests for administrative SUPPLEMENTARY INFORMATION: The WSO Sessions. Based on all the information waivers. Victoria, Texas, consolidation received, the MTC endorsed and

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.218 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55903 recommended approval of the lot of people would be sitting ducks Whenever thunderstorm activity consolidation, automation, and closure without protection.’’ approaches Victoria County, an extra certifications for WSO Victoria, Texas. ‘‘Just for one example, we remember meteorologist is called into the Corpus In January 1999, the Victoria Chamber a fast developing heavy storm with hail, Christi office. This meteorologist of Commerce sent the Secretary of last spring, that came across from Goliad coordinates warning information for the Commerce a position paper regarding Co. to DeWitt Co. Area and our local TV Victoria area and ensures the Victoria NWS’s performance during the October weather forecasting could not even County Emergency Operations Center, 1998 flood event in south Texas. The inform us until it was upon us.’’ fire department, and TV25 Chief position paper stated NWS’s poor ‘‘Often we have received information Meteorologist are notified of severe performance in forecasting the flood that is inaccurate, late or even no weather warnings. could be attributed to not having a fully information about weather events in our The NWS is committed to providing operational weather office in Victoria. area from the Corpus Christi office.’’ accurate and timely products and In February 1999, NWS completed a NWS Response: The Corpus Christi services to the Victoria community for service assessment report on the south forecast office has and will continue to the protection of life and property. Texas flood. The service assessment work closely with the Victoria media, [FR Doc 99–26990 Filed 10–14–99; 8:45 am] revealed the problems encountered were emergency managers, and civic leaders BILLING CODE 3510±KE±M due to the record flooding and loss of to maintain and enhance lines of upstream river gauges. Having a fully communication. Close working operational Victoria weather office relationships have been established would not have changed the outcome with key members of the media, such as COMMITTEE FOR THE because flood forecasts for the Victoria TV25, radio station KVIC, and the IMPLEMENTATION OF TEXTILE area are generated by the River Forecast Victoria Advocate. NWS staff have held AGREEMENTS Center in Fort Worth, Texas. several meetings with the Victoria After consideration of public Chamber of Commerce President to Adjustment of Import Limits for Certain comments received, MTC endorsements, increase the awareness of the Cotton, Wool, Man-Made Fiber, Silk the Victoria Chamber of Commerce’s technological capabilities of the Corpus Blend and Other Vegetable Fiber position paper, and the NWS service Christi office, communications links, Textiles and Textile Products assessment, the Under Secretary of and products and services. The Corpus Produced or Manufactured in Commerce for Oceans and Atmosphere Christi office initiated and led the first- Indonesia approved the WSO Victoria, Texas, ever severe weather conference with October 12, 1999. consolidation, automation, and closure Victoria County officials, the Chamber AGENCY: Committee for the certifications and transmitted notice of of Commerce, local media, and Implementation of Textile Agreements the certifications and transmitted notice volunteer storm spotters. (CITA). of the certifications to Congress on The Corpus Christi office led an effort ACTION: Issuing a directive to the October 7, 1999. Certification approval to establish an Emergency Alert System Commissioner of Customs adjusting authority was delegated from the (EAS) Plan among all media outlets in limits. Secretary of Commerce to the Under the Victoria District, which includes the Secretary in June 1996. The NWS is not counties of Calhoun, De Witt, Goliad, EFFECTIVE DATE: October 19, 1999. completing the certification Jackson, Lavaca, and Victoria. The EAS FOR FURTHER INFORMATION CONTACT: requirements of Public Law 102–567 by is important to alert the citizens of the Janet Heinzen, International Trade publishing the final consolidation, Victoria Crossroads area to stay out of Specialist, Office of Textiles and automation, and closure certification harm’s way. Public outreach has Apparel, U.S. Department of Commerce, notice in the FR. expanded through the development of (202) 482–4212. For information on the Dated: October 12, 1999. the Emergency Managers Weather quota status of these limits, refer to the Information Network and by John J. Kelly, Jr., Quota Status Reports posted on the establishing a system to relay warnings Assistant Administrator for Weather Services. bulletin boards of each Customs port, from NOAA Weather Radio to the call (202) 927–5850, or refer to the U.S. Summary of Public Comments and media. NWS Response Customs website at http:// During anticipated significant weather www.customs.ustreas.gov. For Public Comments on WSO Victoria, events, the NWS special liaison officer information on embargoes and quota re- Texas: Nineteen individual letters and for Victoria is detailed to the main openings, call (202) 482–3715. over 2100 forms were received as public Victoria fire station or the designated comments from the Victoria, Texas, Victoria Emergency Operations Center. SUPPLEMENTARY INFORMATION: area. Many of the public comments The special liaison officer coordinates Authority: Section 204 of the Agricultural referred to delays in receiving warnings severe weather/flood information Act of 1956, as amended (7 U.S.C. 1854); or missing information. Some of the between Victoria and the Corpus Christi Executive Order 11651 of March 3, 1972, as comments included the following: office. amended. ‘‘Delays in warnings—During several When severe warnings are issued for The current limits for certain periods of severe weather, warnings the Victoria area, the Corpus Christi categories are being adjusted for swing were not issued on the radio or office calls the Victoria 911 dispatcher and special shift. television broadcasts until thirty immediately, who in turn, relays the A description of the textile and minutes after the warnings were issued warnings to the local police, sheriff, and apparel categories in terms of HTS * * *. Current conditions, forecasts, and fire department. The Corpus Christi numbers is available in the updates have been delayed by as much office also calls the Victoria Department CORRELATION: Textile and Apparel as four hours.’’ of Public Safety when warnings are Categories with the Harmonized Tariff ‘‘Time is a big factor in weather, issued and faxes warning information to Schedule of the United States (see without local radar coverage and up to the Calhoun County Emergency Federal Register notice 63 FR 71096, date information. Time is against us. A Management Center. published on December 23, 1998). Also

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.219 pfrm02 PsN: 15OCN1 55904 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices see 63 FR 69055, published on COMMITTEE FOR THE Category Adjusted twelve-month December 15, 1998. limit 1 IMPLEMENTATION OF TEXTILE Troy H. Cribb, AGREEMENTS 645/646 ...... 685,322 dozen. Chairman, Committee for the Implementation of Textile Agreements. 647/648 ...... 3,697,613 dozen. Announcement of Levels for Certain 847 ...... 384,853 dozen. Cotton, Wool and Man-Made Fiber Committee for the Implementation of Textile Subgroup in Group II Agreements Textile Products Produced or 400, 410, 414, 431, 3,206,640 square me- Manufactured in the United Mexican October 12, 1999. 434, 435, 436, ters equivalent. States Commissioner of Customs, 438, 440, 442, Department of the Treasury, Washington, DC 444, 459pt., 464 October 6, 1999. 20229. and 469pt., as a AGENCY: Committee for the group. Dear Commissioner: This directive Implementation of Textile Agreements amends, but does not cancel, the directive 1 (CITA). issued to you on December 8, 1998, by the The limits have not been adjusted to ac- count for any imports exported after December ACTION: Issuing a directive to the Chairman, Committee for the Implementation 31, 1998. of Textile Agreements. That directive 2 Category 313±O: all HTS numbers except Commissioner of Customs establishing concerns imports of certain cotton, wool, 5208.52.3035, 5208.52.4035 and levels under the North America Free man–made fiber, silk blend and other 5209.51.6032. Trade Agreement. vegetable fiber textiles and textile products, 3 Category 314±O: all HTS numbers except produced or manufactured in Indonesia and 5209.51.6015. EFFECTIVE DATE: January 1, 2000. exported during the twelve-month period 4 Category 315±O: all HTS numbers except FOR FURTHER INFORMATION CONTACT: which began on January 1, 1999 and extends 5208.52.4055. through December 31, 1999. 5 Category 317±O: all HTS numbers except Naomi Freeman, International Trade Effective on October 19, 1999, you are 5208.59.2085. Specialist, Office of Textiles and directed to adjust the limits for the categories 6Category 326±O: all HTS numbers except Apparel, U.S. Department of Commerce, listed below, as provided for under the 5208.59.2015, 5209.59.0015 and (202) 482–4212. For information on the Uruguay Round Agreement on Textiles and 5211.59.0015. quota status of these limits, refer to the Clothing: 7 Category 359±C: only HTS numbers 6103.42.2025, 6103.49.8034, 6104.62.1020, Quota Status Reports posted on the 6104.69.8010, 6114.20.0048, 6114.20.0052, bulletin boards of each Customs port, Category Adjusted twelve-month 6203.42.2010, 6203.42.2090, 6204.62.2010, limit 1 call (202) 927–5850, or refer to the U.S. 6211.32.0010, 6211.32.0025 and Customs website at http:// 6211.42.0010; Category 659±C: only HTS Levels in Group I numbers 6103.23.0055, 6103.43.2020, www.customs.ustreas.gov. For 200 ...... 981,514 kilograms. 6103.43.2025, 6103.49.2000, 6103.49.8038, information on embargoes and quota re- 219 ...... 9,022,696 square me- 6104.63.1020, 6104.63.1030, 6104.69.1000, openings, call (202) 482–3715. ters. 6104.69.8014, 6114.30.3044, 6114.30.3054, 300/301 ...... 4,905,437 kilograms. 6203.43.2010, 6203.43.2090, 6203.49.1010, SUPPLEMENTARY INFORMATION: 313±O 2 ...... 13,424,887 square 6203.49.1090, 6204.63.1510, 6204.69.1010, Authority: Section 204 of the Agricultural meters. 6210.10.9010, 6211.33.0010, 6211.33.0017 Act of 1956, as amended (7 U.S.C. 1854); 314±O 3 ...... 58,427,796 square and 6211.43.0010. 8 Executive Order 11651 of March 3, 1972, as meters. Category 359±S: only HTS numbers 6112.39.0010, 6112.49.0010, 6211.11.8010, amended. 315±O 4 ...... 29,512,104 square 6211.11.8020, 6211.12.8010 and In order to implement Annex 300–B meters. 6211.12.8020; Category 659±S: only HTS 317±O 5/326±O 6/617 23,974,136 square numbers 6112.31.0010, 6112.31.0020, of the North American Free Trade meters of which not 6112.41.0010, 6112.41.0020, 6112.41.0030, Agreement (NAFTA), restrictions and more than 4,167,829 6112.41.0040, 6211.11.1010, 6211.11.1020, consultation levels for certain cotton, square meters shall 6211.12.1010 and 6211.12.1020. wool and man-made fiber textile be in Category 326± 9 Category 611±O: all HTS numbers except products from Mexico are being 5516.14.0005, 5516.14.0025 and O. established for the period beginning on 331/631 ...... 2,400,369 dozen pairs. 5516.14.0085. 10 January 1, 2000 and extending through 338/339 ...... 1,569,959 dozen. Category 618±O: all HTS numbers except 5408.24.9010 and 5408.24.9040. 340/640 ...... 1,803,659 dozen. December 31, 2000. 11 Category 625/626/627/628; Category 341 ...... 1,067,415 dozen. These restrictions and consultation 629±O: all HTS numbers except 5408.34.9085 levels do not apply to NAFTA 347/348 ...... 2,126,793 dozen. and 5516.24.0085. 350/650 ...... 139,056 dozen. originating goods, as defined in Annex 351/651 ...... 625,907 dozen. The Committee for the Implementation of 300–B, Chapter 4 and Annex 401 of the 359±C/659±C 7 ...... 1,551,167 kilograms. Textile Agreements has determined that NAFTA. In addition, restrictions and 359±S/659±S 8 ...... 1,319,336 kilograms. these actions fall within the foreign affairs consultation levels do not apply to 433 ...... 12,724 dozen. exception to the rulemaking provisions of 5 textile and apparel goods that are 443 ...... 96,036 numbers. U.S.C. 553(a)(1). assembled in Mexico from fabrics 445/446 ...... 67,252 dozen. Sincerely, 448 ...... 24,718 dozen. wholly formed and cut in the United 611±O 9 ...... 4,226,276 square me- Troy H. Cribb, States and exported from and re- ters. Chairman, Committee for the Implementation imported into the United States under 613/614/615 ...... 21,756,916 square of Textile Agreements. U.S. tariff item 9802.00.90. meters. [FR Doc.99–26984 Filed 10–14–99; 8:45 am] In the letter published below, the 618±O 10 ...... 922,217 square me- BILLING CODE 3510±DR±F Chairman of CITA directs the ters. Commissioner of Customs to implement 619/620 ...... 10,472,294 square levels for the 2000 period. meters. 625/626/627/628/ 26,113,499 square A description of the textile and 629±O 11. meters. apparel categories in terms of HTS 634/635 ...... 372,545 dozen. numbers is available in the 638/639 ...... 1,577,285 dozen. CORRELATION: Textile and Apparel 641 ...... 2,439,735 dozen. Categories with the Harmonized Tariff

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.170 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55905

Schedule of the United States (see and apparel goods that are assembled in agencies with an opportunity to Federal Register notice 63 FR 71096, Mexico from fabrics wholly formed and cut comment on proposed and/or published on December 23, 1998). in the United States and exported from and continuing collections of information in Information regarding the 2000 re-imported into the United States under U.S. accordance with the Paperwork tariff item 9802.00.90. CORRELATION will be published in the In carrying out the above directions, the Reduction Act of 1995 (PRA95) (44 Federal Register at a later date. Commissioner of Customs should construe U.S.C. 3506(c)(2)(A)). This program Troy H. Cribb, entry into the United States for consumption helps to ensure that requested data can Chairman, Committee for the Implementation to include entry for consumption into the be provided in the desired format, of Textile Agreements. Commonwealth of Puerto Rico. reporting burden (time and financial The Committee for the Implementation of resources) is minimized, collection Committee for the Implementation of Textile Textile Agreements has determined that Agreements instruments are clearly understood, and these actions fall within the foreign affairs the impact of collection requirement on October 6, 1999. exception of the rulemaking provisions of 5 Commissioner of Customs, U.S.C. 553(a)(1). respondents can be properly assessed. Department of the Treasury, Washington, DC Sincerely, Currently, the Corporation is 20229. Troy H. Cribb, soliciting comments concerning its Dear Commissioner: Pursuant to section Chairman, Committee for the Implementation request for approval of a new 204 of the Agricultural Act of 1956, as of Textile Agreements. information collection from individuals amended (7 U.S.C. 1854); Executive Order [FR Doc. 99–26883 Filed 10–14–99; 8:45 am] as well as agencies and organizations 11651 of March 3, 1972, as amended; and the BILLING CODE 3510±DR±F that are affiliated with the North American Free Trade Agreement AmeriCorps*National Civilian (NAFTA), between the Governments of the United States, the United Mexican States and Community Corps (NCCC) as sponsors Canada, you are directed to prohibit, effective CONSUMER PRODUCT SAFETY of AmeriCorps*NCCC projects. This on January 1, 2000, entry into the United COMMISSION information will be used by the States for consumption and withdrawal from Corporation to evaluate the impacts of warehouse for consumption of cotton, wool Sunshine Act Meeting AmeriCorps*NCCC projects on the and man-made fiber textile products in the communities they serve and identify AGENCY: following categories, produced or U.S. Consumer Product Safety ways to improve the program. manufactured in Mexico and exported during Commission, Washington, DC 20207. Copies of the proposed information the twelve-month period beginning on TIME AND DATE: Thursday, October 21, January 1, 2000 and extending through 1999, 10:00 a.m. collection request may be obtained by December 31, 2000, in excess of the following contacting the office listed below in the LOCATION: Room 410, East West Towers, levels: ADDRESSES section of this notice. 4330 East West Highway, Bethesda, Category Twelve-month limit Maryland. DATES: Written comments must be STATUS: Closed to the Public. submitted to the office listed in the 219 ...... 9,438,000 square me- MATTER TO BE CONSIDERED: Compliance ADDRESSES section by December 14, ters. 1999. 313 ...... 16,854,000 square Status Report—The staff will brief the meters. Commission on the status of various ADDRESSES: Send comments to the 314 ...... 6,966,904 square me- compliance matters. Corporation for National and ters. For a recorded message containing the Community Service Attn: Charles 315 ...... 6,966,904 square me- latest agenda information, call (301) Helfer, Office of Evaluation, 1201 New ters. 504–0709. York Avenue, NW., 9th floor, 317 ...... 8,427,000 square me- CONTACT PERSON FOR ADDITIONAL Washington, DC 20525. ters. INFORMATION: Sadye E. Dunn, Office of FOR FURTHER INFORMATION CONTACT: 338/339/638/639 ...... 650,000 dozen. the Secretary, 4330 East West Highway, 340/640 ...... 189,287 dozen. Charles Helfer, (202) 606–5000, ext. 248. 347/348/647/648 ...... 650,000 dozen. Bethesda, MD 20207 (301) 504–0800. SUPPLEMENTARY INFORMATION: 410 ...... 397,160 square me- Dated: October 12, 1999. The Corporation is particularly interested in ters. Todd A. Stevenson, 433 ...... 11,000 dozen. comments which: Deputy Secretary. 443 ...... 189,798 numbers. • Evaluate whether the proposed [FR Doc. 99–27106 Filed 10–13–99; 2:21 pm] 611 ...... 1,267,710 square me- collection of information is necessary ters. BILLING CODE 6355±01±M for the proper performance of the 633 ...... 10,000 dozen. functions of the Corporation, including 643 ...... 155,556 numbers. whether the information will have CORPORATION FOR NATIONAL AND practical utility; The levels set forth above are subject to COMMUNITY SERVICE adjustment pursuant to the provisions of • Evaluate the accuracy of the Annex 300–B of the NAFTA. Proposed Information Collection; agency’s estimate of the burden of the Products in the above categories exported Comment Request proposed collection of information, during 1999 shall be charged to the including the validity of the applicable category levels for that year (see AGENCY: Corporation for National and methodology and assumptions used; directive dated September 30, 1998) to the Community Service. extent of any unfilled balances. In the event • Propose ways to enhance the ACTION: Notice. the levels established for that period have quality, utility and clarity of the been exhausted by previous entries, such SUMMARY: The Corporation for National information to be collected; and products shall be charged to the levels set and Community Service (hereinafter the • Propose ways to minimize the forth in this directive. The foregoing levels do not apply to ‘‘Corporation’’), as part of its continuing burden of the collection of information NAFTA originating goods, as defined in effort to reduce paperwork and on those who are to respond, including Annex 300–B, Chapter 4 and Annex 401 of respondent burden, conducts a through the use of appropriate the NAFTA. In addition, restrictions and preclearance consultation program to automated, electronic, mechanical, or consultation levels do not apply to textile provide the general public and Federal other technological collection

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 55906 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices techniques or other forms of information AmeriCorps*NCCC program on direct related future activities, changes in technology, e.g., permitting electronic beneficiaries, agency and organizational project activities or objectives during submissions of responses. sponsors, and the larger communities implementation, unexpected served by AmeriCorps*NCCC projects. implementation issues, assessments of Background the reasons for their perceptions of Current Action AmeriCorps*National Civilian impacts, and project costs to the sponsor Community Corps (NCCC) was The Corporation seeks approval of and other community organizations. established by the National and three survey forms and an interview This information will be compared to Community Service Trust Act of 1993 protocol for the evaluation of the baseline information gathered from the (Pub. L 103–82). It is a 10-month, full- community impacts of the Corporation’s Pre-project Sponsor Survey and to time residential program for men and AmeriCorps*NCCC program. It will project impacts reported by other women 18–24 operated directly by the allow for the assessment of the impact community respondents (from the Post- Corporation for National Service. of the AmeriCorps*NCCC projects on project Community Survey) as well as to AmeriCorps*NCCC was designed to direct beneficiaries, agency and information gathered from blend the best practices of civilian organizational sponsors, and the larger AmeriCorps*NCCC program personnel. service with the best practices of communities they serve. It will also Type of Review: New approval. military service, including leadership help the Corporation to determine Agency: Corporation for National and development and team-building. effective planning, initiation, and Community Service. Members live and train at campus based implementation practices for enhancing Title: Post-project Sponsor Survey. on five regions. In three regions, AmeriCorps*NCCC projects’ impacts on OMB Number: None. campuses occupy closed or downsized communities. Agency Number: None. military bases: The Southeast Region in Affected Public: Agency or Charleston, SC; the Central Region in (I) Pre-Project Sponsor Survey organization sponsors for AmeriCorps* Denver, CO; and the Western Region in This survey is designed to assess NCCC Class VI (1999–2000 program San Diego, CA. The campus in the project sponsors’ expectations for their year) projects who were administered Northeast Region occupies a medical AmeriCorps*NCCC project. It asks for the Pre-project Sponsor survey and facility for veterans in Perry Point, MD, information about the community needs whose projects were implemented. and the Capital Region is based at a that led to the project, previous related Total Respondents: Approximately municipal facility in Washington, DC. activities, alternative ways to achieve 103. AmeriCorps*NCCC service emphasizes project objectives, expected impacts, Frequency: One time. disaster relief, large-scale capital ways that impacts will be measured, Average Time Per Response: 60 improvements, and providing relative priority or value of expected minutes. leadership to large groups of volunteers. impacts, and the processes that led to Estimated Total Burden Hours: 103.0 A service-learning approach that project approval. This information will hours. includes planned activities and training serve as the baseline against which post- Total Burden Cost (capital/startup): is part of all service projects. Since project information will be compared. None. 1994, more than 4,000 young Americans Type of Review: New approval. Total Burden Cost (operating/ have served as members of Agency: Corporation for National and maintenance): None. AmeriCorps*NCCC. Community Service. (III) Post-Project Community Survey This proposed evaluation of the Title: Pre-Project Sponsor Survey. community impacts of the OMB Number: None. This survey is designed to assess the AmeriCorps*NCCC program is Agency Number: None. perceptions of AmeriCorps*NCCC supported by the legislation that Affected Public: Approved agency or projects’ direct beneficiaries of the authorized the program (Pub. L. 103–82) organization sponsors for AmeriCorps* impacts of the AmeriCorps*NCCC and by the Corporation’s strategic and NCCC Class VI (1999–2000 program projects on them and their community. performance plans prepared in response year) projects. It asks for information about what the to the Government Performance and Total Respondents: Approximately respondent expected from the Results Act of 1993 (GPRA). Under Pub. 108. AmeriCorps*NCCC project, how that L. 103–82, the Corporation is required to Frequency: One time. compared to their perceptions of actual evaluate each of its programs on a Average Time Per Response: 40 impacts, and the basis on which they continuing basis (Section 179, or 42 minutes. are making their comparisons. It also U.S.C. 12639). The Corporation’s Fiscal Estimated Total Burden Hours: 72.4 asks for information about the 2000 Performance Plan (required under hours. implementation of the project from the GPRA) specifically lists this study. It Total Burden Cost (capital/startup): community respondents’ perspectives, states that the AmeriCorps*NCCC None. including any costs of project Community Impact Evaluation is Total Burden Cost (operating/ implementation to them. This directly related to Strategic Goals 1 and maintenance): None. information will be compared to baseline information gathered from the 2 as presented in its Strategic Plan for (II) Post-Project Sponsor Survey 1997–2002. Those goals are: Pre-project Sponsor Survey and to Strategic Goal 1: Service will help This survey is designed to assess project impacts reported by the sponsors solve the nation’s unmet education, project sponsors’ perceptions of the in the Post-project Sponsor Survey as public safety, environmental and other impacts of their AmeriCorps*NCCC well as to information gathered from human needs. project on their community. It asks for AmeriCorps*NCCC program personnel. Strategic Goal 2: Communities will be information about the extent to which Type of Review: New approval. made stronger through service. community needs that led to the project Agency: Corporation for National and It is an agency priority to evaluate the were met and the extent to which their Community Service. impacts of its AmeriCorps programs. expectations were achieved, evidence Title: Post-project Community Survey. This data collection will assess the used by the sponsor to support OMB Number: None. impacts of the Corporation’s perceptions of project impacts, plans for Agency Number: None.

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55907

Affected Public: Representatives of of other organizations and individuals Dated: October 6, 1999. organizations or individuals that were served by the projects. C.G. Carlson, served directly by AmeriCorps*NCCC Total Respondents: Approximately Major, U.S. Marine Corps, Alternate Federal Class VI (1999–2000 program year) 78. Register Liaison Officer. projects included in both the Pre-project Frequency: One time. [FR Doc. 99–26913 Filed 10–14–99; 8:45 am] Sponsor Survey and Post-project Average Time Per Response: 0.62 BILLING CODE 3810±FF±U Sponsor Survey. Not all projects have hours. organizations, other than the sponsor, or Estimated Total Burden Hours: 48 individuals as direct service recipients. hours. Total Respondents: Approximately Total Burden Cost (capital/startup): DEPARTMENT OF ENERGY 160. None. Frequency: One time. Total Burden Cost (operating/ Office of Arms Control and Average Time Per Response: 20 maintenance): None. Nonproliferation Policy; Proposed minutes. Comments submitted in response to Subsequent Arrangement Estimated Total Burden Hours: 53.3 this notice will be summarized and/or hours. included in the request for Office of AGENCY: Department of Energy. Total Burden Cost (capital/startup): Management and Budget approval of the ACTION: Subsequent arrangement. None. information collection request; they will Total Burden Cost (operating/ also become a matter of public record. maintenance): None. SUMMARY: This notice is being issued Dated: October 8, 1999. under the authority of Section 131 of the (IV) Implementation Interview Protocol Thomas L. Bryant, Atomic Energy Act of 1954, as amended This protocol is designed to obtain Associate General Counsel. (42 U.S.C. 2160). The Department is detailed information from a subsample [FR Doc. 99–26937 Filed 10–14–99; 8:45 am] providing a notice of a proposed of AmeriCorps*NCCC projects while BILLING CODE 6050±28±U ‘‘subsequent arrangement’’ under the they are in operation. Topics addressed Agreement for Cooperation in the include changes in project activities or Peaceful Uses of Nuclear Energy objectives since the project was Between the United States of America approved and rationales for those DEPARTMENT OF DEFENSE and the European Atomic Energy changes, document the activities being Department of the Navy Community (EURATOM) and the conducted by the project and by others Agreement for Cooperation Between the directed toward project activities, Notice of Closed Meeting of the Government of the United States of document the types and amounts of Planning and Steering Advisory America and the Government of the resources being expended in support of Committee People’s Republic of China Concerning the AmeriCorps*NCCC project team, the Peaceful Uses of Nuclear Energy. sponsors’ and other community AGENCY: Department of the Navy, DOD. The subsequent arrangement concerns representatives’ assessments of project ACTION: Notice. quality, document accomplishments of approval of RTD/PC(EU)–1 for the the project at the time of the interview SUMMARY: The purpose of this meeting retransfer of 32,574 grams of slightly relative to project plans, and obtain is to discuss topics relevant to SSBN irradiated fuel spheres containing sponsors’ and other community security. 5,456.145 grams of the isotope U–235 representatives’ assessments of effective DATES: The meeting will be held on (16.76 percent enrichment) from implementation practices. This November 3, 1999 from 9:00 a.m. to 4:00 EURATOM (Germany) to the People’s information will be used directly in the p.m. Republic of China for use as research analysis of the community impacts of material in the 10 megawatt High ADDRESSES: The meeting will be held at the AmeriCorps*NCCC projects visited Temperature Gas-cooled Reactor (HTR– for these interviews in combination the Center for Naval Analyses, 4401 Ford Avenue, Alexandria, Virginia. 10) which is being constructed at the with the Pre-project Sponsor Survey, Institute of Nuclear Energy Technology FOR FURTHER INFORMATION CONTACT: Post-project Sponsor Survey, and Post- (INET) in Beijing, China. project Community Survey. The Lieutenant Commander George P. information will also be compared to Norman, CNO–N875C2, 2000 Navy The material was originally the information from the same projects Pentagon, NC–1, Washington, D.C. transferred from Germany to generated by the surveys to ensure the 20350–2000, (703) 604–7392. Switzerland as RTD/SD(EU)–59 for validity of the information collections. SUPPLEMENTARY INFORMATION: This fabrication into graphite coated fuel The information also will be used to notice of meeting is provided per the spheres and returned to Germany as inform the general analysis of all survey Federal Advisory Committee Act (5 RTD/EU(SD)–1. data, particularly in seeking effective U.S.C. App. 2). The entire agenda will In accordance with Section 131 of the practices and explanations for different consist of classified information that is Atomic Energy Act of 1954, as amended, levels of project impacts. specifically authorized by Executive it has been determined that this Type of Review: New approval. Order to be kept secret in the interest of subsequent arrangement will not be Agency: Corporation for National and national defense and is properly inimical to the common defense and Community Service. classified pursuant to such Executive security. Title: Implementation Interview Order. Accordingly, the Secretary of the This subsequent arrangement will Protocol. Navy has determined in writing that all OMB Number: None. sessions of the meeting shall be closed take effect no sooner than fifteen days Agency Number: None. to the public because they concern after the date of publication of this Affected Public: Sponsor managers, matters listed in 552b(c)(1) of title 5, notice. service-site supervisors, representatives U.S.C. Dated: October 8, 1999.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.174 pfrm02 PsN: 15OCN1 55908 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

For the Department of Energy. Federal Advisory Committee with Section 154.210 of the Trisha Dedik, Management regulation, 41 CFR 101– Commission’s Regulations. Protests will Director, International Policy and Analysis 6.1023, ‘‘Procedures for Closing an be considered by the Commission in Division, Office of Arms Control and Advisory Committee Meeting’’, which determining the appropriate action to be Nonproliferation. incorporate by reference the taken, but will not serve to make [FR Doc. 99–26986 Filed 10–14–99; 8:45 am] Government in Sunshine Act, 5 U.S.C. protestants parties to the proceedings. BILLING CODE 6450±01±P 552b, which, at sections 552b (c)(1) and Any person wishing to become a party (c)(3) permits closure of meetings where must file a motion to intervene. Copies restricted data or other classified of this filing are on file with the DEPARTMENT OF ENERGY matters are discussed. This notice is Commission and are available for public being published less than 15 days before inspection in the Public Reference Office of Nonproliferation and National the date of the meeting due to Room. This filing may be viewed on the Security (NN); Nonproliferation and programmatic issues that had to be web at http://www.ferc.fed.us/online/ National Security Advisory Committee resolved prior to publication. rims.htm (call 202–208–2222 for Minutes: Minutes of the meeting will assistance). AGENCY: Department of Energy. be recorded and classified accordingly. Linwood A. Watson, Jr., ACTION: Notice of closed meeting. Issued at Washington, DC on October 8, Acting Secretary. SUMMARY: This notice announces a 1999. [FR Doc. 99–26899 Filed 10–14–99; 8:45 am] meeting of the Nonproliferation and Rachel M. Samuel, BILLING CODE 6717±01±M National Security Advisory Committee. Deputy Advisory Committee Management The Federal Advisory Committee Act, 5 Officer. U.S.C. App. 2 section 10(a)(2) requires [FR Doc. 99–27023 Filed 10–14–99; 8:45 am] DEPARTMENT OF ENERGY that public notice of these meetings be BILLING CODE 6450±01±P Federal Energy Regulatory announced in the Federal Register. Commission DATES: Wednesday, October 20, 1999, 9 a.m. to 5 p.m.; Thursday, October 21, DEPARTMENT OF ENERGY [Docket No. TM00±1±23±000] 1999, 9 a.m. to 5 p.m.; and Friday, Federal Energy Regulatory October 22, 1999, 9 a.m. to 12 noon. Eastern Shore Natural Gas Company; Commission Notice of Proposed Changes in FERC ADDRESSES: Department of Energy, Gas Tariff Forrestal Building Washington, D.C. [Docket No. RP00±15±000] October 8, 1999. FOR FURTHER INFORMATION CONTACT: Mr. CNG Transmission Corporation; Notice Take notice that on October 6, 1999, Robert Waldron (202–586–2400), of Stipulation and Agreement Designated Federal Officer, Office of Eastern Shore Natural Gas Company Nonproliferation Research and October 8, 1999. (ESNG) tendered for filing as part of its Engineering (NN–20), Office of Take notice that on October 5, 1999, FERC Gas Tariff, Second Revised Nonproliferation and National Security, pursuant to Rule 602 of the Rules of Volume No.1, certain revised tariff 1000 Independence Avenue, SW, Practice and Procedure of the sheets in the above captioned docket Washington, DC. 20585. Commission, 18 CFR 385.602 (1999), bear a proposed effective date of October 1, 1999. SUPPLEMENTARY INFORMATION: Purpose of CNG Transmission Corporation (CNG) ESNG states that the purpose of this the Meeting: To discuss the submits a Stipulation and Agreement instant filing is to track rate changes nonproliferation and national security (Settlement) with regard to the attributable to a storage service research, development and policy operation of CNG’s Transportation Cost purchased from Columbia Gas programs. Rate Adjustment (TCRA). CNG states that the offer of Settlement Transmission Corporation (Columbia) Tentative Agenda consists of a letter which serves as the under its Rate Schedules SST and FSS. The costs of the above referenced Wednesday, October 20, 1999 required Explanatory Statement, and the Settlement, which constitutes a limited storage service comprise the rates and 9:00 a.m.–12:00 p.m. NNAC Working amendment to the Settlement approved charges payable under ESNG’s Rate Session for Report Preparation by the Commission last year regarding Schedules SST and FSS. This tracking 12:00 p.m.–1:00 p.m. Working Lunch CNG’s Section 4 rate case in Docket Nos. filing is being made pursuant to section 1:00 p.m.–5:00 p.m. NNAC Working RP97–406, et al.1 3 of ESNG’s Rate Schedule CFSS. Session for Report Preparation CNG requests a shortened comment ESNG states that copies of the filing have been served upon its jurisdictional Thursday, October 21, 1999 period, with Initial Comments on the Settlement due within ten days and customers and interested State 9:00 a.m.–12:00 p.m. NN R&D and Reply Comments due ten days Commissions. Policy Briefings thereafter. Any person desiring to be heard or to 12:00 p.m.–1:00 p.m. Working Lunch Any person desiring to be heard or to protest said filing should file a motion 1:00 p.m.–5:00 p.m. NNAC Working protest said filing should file a motion to intervene or a protest with the Session for Report Preparation to intervene or a protest with the Federal Energy Regulatory Commission, Friday, October 22, 1999 Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 888 First Street, NE, Washington, DC 20426, in accordance with sections 9:00 a.m.–12:00 p.m. NNAC Working 20426, in accordance with Sections 385.214 or 385.211 of the Commission’s Session for Report Preparation 385.214 or 385.211 of the Commission’s Rules and Regulations. All such motions Closed Meeting: In the interest of Rules and Regulations. All such motions or protests must be filed in accordance national security, the meeting will be or protests must be filed in accordance with section 154.210 of the closed to the public pursuant to the Commission’s Regulations. Protests will Federal Advisory Committee Act, 5 1 CNG Transmission Corporation, 85 FERC be considered by the Commission in U.S.C. App. 2 section 10(d), and the ¶ 61,261 (1998). determining the appropriate action to be

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.221 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55909 taken, but will not serve to make rims.htm (call 202–208–2222 for PacifiCorp, 825 N.E. Multnomah Street, protestants parties to the proceedings. assistance). Suite 1500, Portland, OR 97232, (503) Any person wishing to become a party Linwood A. Watson, Jr., 813–6650, or, Thomas H. Nelson, 825 must file a motion to intervene. Copies Acting Secretary. Multnomah Street, Suite 925, Portland, of this filing are on file with the [FR Doc. 99–26955 Filed 10–14–99; 8:45 am] OR 97232, (503) 813–5890. Commission and are available for public BILLING CODE 6717±01±M h. FERC Contact: Hector Perez, inspection in the Public Reference [email protected], (202) 219– Room. This filing may be viewed on the 2843. web at http://www.ferc.fed.us/online/ DEPARTMENT OF ENERGY i. Deadline for Filing Additional rims.htm (call 202–208–2222 for Study Requests: November 26, 1999. All assistance). Federal Energy Regulatory documents (original and eight copies) Commission should be filed with: David P. Boergers, Linwood A. Watson, Jr. Secretary, Federal Energy Regulatory Acting Secretary. [Docket Nos. ER99±3887±000 and EL99±92± 000] Commission, 888 First Street, NE, [FR Doc. 99–26900 Filed 10–14–99; 8:45 am] Washington, DC 20426. BILLING CODE 6717±01±M Mid-American Energy Company; The Commission’s Rules of Practice Correction to Errata Notice; Errata and Procedure require all interveners Notice (October 7, 1999); Notice of filing documents with the Commission DEPARTMENT OF ENERGY Initiation of Proceeding and Refund to serve a copy of that document on Effective Date (Issued October 4, 1999) each person on the official service list Federal Energy Regulatory for the project. Further, if an intervener Commission October 8, 1999. files comments or documents with the The errata notice that was issued on Commission relating to the merits of an [Docket No. RP00±14±000] October 7, 1999 is corrected to include issue that may affect the responsibilities the Federal Register Cite for the ‘‘Notice of a particular resource agency, they El Paso Natural Gas Company; Notice of Initiation of Proceeding and Refund must also serve a copy of the document of Tariff Filing Effective Date’’ and should read as on that resource agency. follows: j. This application is not ready for October 8, 1999. In the first sentence of the above- environmental analysis at this time. Take notice that on October 5, 1999, referenced notice (64 FR 54625, k. The existing Soda Project consists El Paso Natural Gas Company (El Paso) published October 7, 1999), change of: (1) the 103-foot-high and 433-foot- tendered for filing to become part of its ‘‘June 17, 1999’’ to ‘‘September 30, long concrete gravity Soda Dam with a FERC Gas Tariff, Second Revised 1999’’. 114-foot-long spillway section; (2) the Volume No. 1–A, the following sheets to Linwood A. Watson, Jr., Soda Reservoir with a surface area of become effective November 5, 1999: Acting Secretary. 1,100 acres, and active storage capacity [FR Doc. 99–26956 Filed 10–14–99; 8:45 am] of 16,300 acre-feet, and a maximum First Revised Sheet No. 265 BILLING CODE 6717±01±M water elevation of 5,720 feet; (3) the First Revised Sheet No. 280 Soda Powerhouse containing two units El Paso states that the tendered tariff with a total installed capacity of 14 sheets revise El Paso’s cash-out DEPARTMENT OF ENERGY megawatts (MW); and (4) other mechanism to substitute Permian prices appurtenances. Federal Energy Regulatory The existing Grace Development in lieu of Anadarko prices due to the Commission elimination of the Anadarko prices from consists of: (1) a 51-foot-high and 180- industry trade publications. Notice of Applications Tendered for foot-long rock filled timber crib dam that creates a 250 acre-feet usable Any person desiring to be heard or to Filing With The Commission and Soliciting Additional Study Requests storage capacity forebay; (2) a 26,000- protest said filing should file a motion foot-long flowline and surge tanks; and to intervene or a protest with the October 8, 1999. (3) a powerhouse with three units with Federal Energy Regulatory Commission, Take notice that the following total installed capacity of 33 MW. The 888 First Street NE, Washington, DC hydroelectric applications have been Cove Development consists of: (1) a 20426, in accordance with Sections filed with the Commission and are 26.5-foot-high and 141-foot-long 385.214 or 385.211 of the Commission’s available for public inspection: concrete dam creating a 60-acre-foot Rules and Regulations. All such motions a. Type of Applications: New major forebay; (2) a 6,125-foot-long concrete or protests must be filed in accordance licenses. and wood flume; (3) a 500-foot-long with Section 154.210 of the b. Projects: Soda Project No. 20–019, steel penstock; and (4) a powerhouse Commission’s Regulations. Protest will Grace-Cove Project No. 2401–007, and with a 7.5-MW unit. be considered by the Commission in Oneida Project No. 472–017. The existing Oneida Project consists determining the appropriate action to be c. Date Filed: September 27, 1999. of: (1) the 111-foot-high and 456-foot- taken, but will not serve to make d. Applicant: PacifiCorp. long concrete gravity Oneida Dam; (2) protestants parties to the proceedings. e. Location: On the Bear River in the Oneida Reservoir with an active Any person wishing to become a party Caribou and Franklin Counties, Idaho. storage of 10,880 acre-feet and a surface must file a motion to intervene. Copies The projects are partially on United area of 480 acres; (3) an 16-foot- of this filing are on file with the States lands administered by the Bureau diameter, 2,240-foot-long flowline; (4) a surge tank; (5) three 12-foot-diameter, Commission and are available for public of Land Management. f. Filed Pursuant to: Federal Power 120-foot-long steel penstocks; (6) the inspection in the Public Reference Act, 16 USC §§ 791(a)–825(r). Oneida Powerhouse with three units Room. This filing may be viewed on the g. Applicant Contact: Randy Landolt, with a total installed capacity of 30 MW; web at http://www.ferc.fed.us/online/ Managing Director, Hydro Resources, and (7) other appurtenances.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.145 pfrm02 PsN: 15OCN1 55910 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

l. A copy of the application is changes. The acreage of federal lands agency’s comments must also be sent to available for inspection and encompassed by the project will be the Applicant’s representatives. reproduction at the Commission’s reduced by 146.46 acres. No facilities Linwood A. Watson, Jr., Public Reference Room, located at 888 will be physically removed from the Acting Secretary. First Street, NE, Room 2A, Washington, project. [FR Doc. 99–26902 Filed 10–14–99; 8:45 am] D.C. 20426, or by calling (202) 208– l. Locations of the Application: A BILLING CODE 6717±01±M 1371. The application may be viewed on copy of the application is available for http://www.ferc.fed.us/rims.htm (call inspection and reproduction at the (202) 208–222 for assistance). A copy is Commission’s Public Reference Room, ENVIRONMENTAL PROTECTION also available for inspection and located at 888 First Street, NE, Room AGENCY reproduction at the address in item g 2A, Washington DC 20426, or by calling above. (202) 208–1371. This filing may be [FRL±6458±6] m. With this notice, we are initiating viewed on http://www.ferc.fed.us/ consultation with the State Historic Agency Information Collection online/rims.htm [call (202) 208–2222 for Activities: Submission for OMB Preservation Officer as required by assistance]. A copy is also available for § 106, National Historic Preservation Review; Comment Request; General inspection and reproduction at the Hazardous Waste Facility Standards Act, and the regulations of the Advisory address in item h above. Council on Historic Preservation, 36 m. Individuals desiring to be included AGENCY: Environmental Protection CFR at 800.4. on the Commission’s mailing list should Agency (EPA). Linwood A. Watson, Jr., so indicate by writing to the Secretary ACTION: Notice. Acting Secretary. of the Commission. SUMMARY: In compliance with the [FR Doc. 99–26901 Filed 10–14–99; 8:45 am] Comments, Protests, or Motions to BILLING CODE 6717±01±M Paperwork Reduction Act (44 U.S.C. Intervene—Anyone may submit 3501 et seq.), this document announces comments, a protest, or a motion to that the following Information DEPARTMENT OF ENERGY intervene in accordance with the Collection Request (ICR) has been requirements of Rules of Practice and forwarded to the Office of Management Federal Energy Regulatory Procedure, 18 CFR 385.210, .211, .214. and Budget (OMB) for review and Commission In determining the appropriate action to approval: General Hazardous Waste take, the Commission will consider all Facility Standards, OMB Control Notice of Application To Amend protests or other comments filed, but Number 2050–0120, expiring on January License, and Soliciting Comments, only those who file a motion to 31, 2000. The ICR describes the nature Motions To Intervene, and Protests intervene in accordance with the of the information collection and its Commission’s Rules may become a October 8, 1999. expected burden and cost; where party to the proceeding. Any comments, appropriate, it includes the actual data a. Application Type: Application to protests, or motions to intervene must collection instrument. amend license for the Borel Project. be received on or before the specified b. Project No: 382–020. DATES: Comments must be submitted on comment date for the particular or before November 15, 1999. c. Date Filed: September 20, 1999. application. d. Applicant: Southern California FOR FURTHER INFORMATION CONTACT: Edison Company (SCE). Filing and Service of Responsive Sandy Farmer at EPA by phone at (202) e. Name of Project: Borel Project. Documents—Any filings must bear in 260–2740, by email at f. Location: The Borel Project is on the all capital letters the title [email protected], or Kern River, about 40 miles northeast of ‘‘COMMENTS’’, download a copy of the ICR off the Bakersfield, near the towns of Kernville ‘‘RECOMMENDATIONS FOR TERMS Internet at http://www.epa.gov/icr and and Isabella, Kern County, California. AND CONDITIONS’’, ‘‘PROTEST’’, or refer to EPA ICR No. 1571.06. The project utilizes lands of the United ‘‘MOTION TO INTERVENE’’, as SUPPLEMENTARY INFORMATION: Title: States. applicable, and the Project Number of General Hazardous Waste Facility g. Filed Pursuant to: Federal Power the particular application to which the Standards, OMB Control No. 2050– Act, 16 U.S.C. 791(a)–825(r). filing refers. Any of the above-named 0120, EPA ICR No. 1571.06, expiring on h. Applicant Contact: Ms. Terri Loun, documents must be filed by providing January 31, 2000. This is a request for SCE, 300 N. Lone Hill Ave., San Dimas, the original and the number of copies extension of a currently approved CA 91773, (909) 394–8717. provided by the Commission’s collection. i. FERC Contact: Any questions on regulations to: The Secretary, Federal Abstract: Section 3004 of the this notice should be addressed to Energy Regulatory Commission, 888 Resource Conservation and Recovery Allyson Lichtenfels at (202) 219–3274 or First Street, NE, Washington, DC 20426. Act (RCRA), as amended, requires that by e-mail at A copy of any motion to intervene must the U.S. Environmental Protection [email protected]. also be served upon each representative Agency (EPA) develop standards for j. Deadline for Filing Comments and/ of the Applicant specified in the hazardous waste treatment, storage, and or Motions: November 15, 1999. particular application. disposal facilities (TSDFs) as may be k. Description of Filing: Southern Agency Comments—Federal, state, necessary to protect human health and California Edison proposes to delete and local agencies are invited to file the environment. Subsections nonjurisdictional transmission facilities comments on the described application. 3004(a)(1), (3), (4), (5), and (6) specify from the project license. The licensee A copy of the application may be that these standards include, but not be filed revised exhibits K, L, and M to obtained by agencies directly from the limited to, the following requirements: reflect changes to the transmission Applicant. If an agency does not file • Maintaining records of all facilities and as-built conditions of the comments within the time specified for hazardous wastes identified or listed project. Project boundaries were filing comments, it will be presumed to under subtitle C that are treated, stored, modified accordingly to reflect these have no comments. One copy of an or disposed of, and the manner in which

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.148 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55911 such wastes were treated, stored, or Frequency of Response: Occasional. DATES: These budgets are effective disposed of; Estimated Total Annual Hour Burden: November 1, 1999. • Operating methods, techniques, and 804,467 hours. FOR FURTHER INFORMATION CONTACT: Mr. practices for treatment, storage, or Estimated Total Annualized Capital, J. Behnam, P.E., The U.S. Environmental disposal of hazardous waste; Operating/ Maintenance Cost Burden: • Protection Agency, 1445 Ross Avenue, Location, design, and construction $1,374,000. Dallas, Texas 75202; telephone (214) of such hazardous waste treatment, Send comments on the Agency’s need 665–7247. disposal, or storage facilities; for this information, the accuracy of the SUPPLEMENTARY INFORMATION: • Contingency plans for effective provided burden estimates, and any Transportation conformity is required action to minimize unanticipated suggested methods for minimizing damage from any treatment, storage, or by section 176(c) of the Clean Air Act. respondent burden, including through The EPA’s conformity rule, 40 CFR part disposal of any such hazardous waste; the use of automated collection and 93, requires that transportation plans, • techniques to the following addresses. programs, and projects conform to SIPs Maintaining or operating such Please refer to EPA ICR No. 1571.06 and facilities and requiring such additional and establishes the criteria and OMB Control No. 2050–0120 in any procedures for determining whether or qualifications as to ownership, correspondence. continuity of operation, training for not they do. Conformity to a SIP means Ms. Sandy Farmer, U.S. Environmental personnel, and financial responsibility that transportation activities will not as may be necessary or desirable. Protection Agency, Office of Policy, produce new air quality violations, The regulations implementing these Regulatory Information Division worsen existing violations, or delay requirements are codified in the Code of (2137), 401 M Street, SW, timely attainment of the national Federal Regulations (CFR) Title 40, parts Washington, DC 20460; ambient air quality standards. The 264 and 265. The collection of this and criteria by which EPA determines information enables EPA to properly Office of Information and Regulatory whether a SIP’s motor vehicle emission determine whether owners/operators or Affairs, Office of Management and budgets are adequate for conformity hazardous waste treatment, storage, and Budget, Attention: Desk Officer for purposes are outlined in 40 CFR disposal facilities meet the requirements EPA, 725 17th Street, NW, 93.118(e)(4). An adequacy review is of Section 3004(a) of RCRA. An agency Washington, DC 20503. separate from EPA’s completeness may not conduct or sponsor, and a Dated: October 8, 1999. review, and it should not be used to person is not required to respond to, a Richard T. Westlund, prejudge EPA’s ultimate approval of the collection of information unless it Acting Director, Regulatory Information SIP. Even if we find a budget adequate, displays a currently valid OMB control Division. the SIP could later be disapproved. number. The OMB control numbers for [FR Doc. 99–26968 Filed 10–14–99; 8:45 am] On March 2, 1999, the D.C. Circuit Court of Appeals ruled that budgets EPA’s regulations are listed in 40 CFR BILLING CODE 6560±50±P part 9 and 48 CFR Chapter 15. The contained in submitted SIPs cannot be Federal Register document required used for conformity determinations under 5 CFR 1320.8(d), soliciting ENVIRONMENTAL PROTECTION unless EPA has affirmatively found the comments on this collection of AGENCY conformity budget adequate. We have information was published on 6/17/99 described our process for determining [FRL±6458±7] (64 FR 32491); no comments were the adequacy of submitted SIP budgets received. Adequacy Status of Submitted State in the policy guidance dated May 14, Burden Statement: The annual public Implementation Plans for 1999, and titled Conformity Guidance reporting and recordkeeping burden for Transportation Conformity Purposes: on Implementation of March 2, 1999 this collection of information is Houston 9% Rate-of-Progress for Conformity Court Decision. You may estimated to average 313 hours per Ozone and El Paso Section 179B obtain a copy of this guidance from response. Burden means the total time, International Border for Carbon EPA’s conformity web site: http:// effort, or financial resources expended Monoxide www.epa.gov/oms/traq (once there, by persons to generate, maintain, retain, click on ‘‘conformity’’ and then scroll or disclose or provide information to or AGENCY: Environmental Protection down) or by contacting us at the address for a Federal agency. This includes the Agency (EPA). above. time needed to review instructions; ACTION: Notice of adequacy status. By this notice, we are simply develop, acquire, install, and utilize announcing the adequacy technology and systems for the purposes SUMMARY: In this notice, EPA is determinations that we have already of collecting, validating, and verifying announcing that the motor vehicle made. On May 19, 1998, we received the information, processing and emissions budgets contained in the Houston 9% ROP SIP which contained maintaining information, and disclosing submitted Houston 9% Rate-of-Progress a volatile organic compounds budget of and providing information; adjust the (ROP) for ozone and the El Paso Section 132.68 tons/day and a nitrogen oxides existing ways to comply with any 179B International Border carbon budget of 283.01 tons/day. On previously applicable instructions and monoxide State Implementation Plans September 27, 1995, we received the El requirements; train personnel to be able (SIP) are adequate for transportation Paso 179B International Border carbon to respond to a collection of conformity purposes. As a result of our monoxide SIP which contained a carbon information; search data sources; determination, the budgets from the monoxide budget of 96.9 tons/day. complete and review the collection of submitted Houston 9% ROP and the El Notices that we had received these SIPs information; and transmit or otherwise Paso Section 179B International Border were posted on the EPA’s website for a disclose the information. SIPs may be used for future conformity 30 day public comment period. The Respondents/Affected Entities: determinations in the Houston and El public comment period closed on July 7, Business. Paso areas, respectively. No comments 1999. We did not receive any comments. Estimated Number of Respondents: were received during the public After the public comment process, we 2,724. comment period. sent letters to the Texas Natural

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.176 pfrm02 PsN: 15OCN1 55912 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Resource Conservation Commission Lake and Obion Counties, TN and Management Plan, San Juan, stating that these budgets are adequate Fulton County, KY, Due: November McKinley, Rio Arriba and Sandoval and can be used for conformity 15, 1999, Contact: Richard Hite (901) Counties, NM, Due: January 12, 2000, determinations. 544–0706. Contact: Robert Moore (505) 599– Therefore, the budgets contained in EIS No. 990362, DRAFT EIS, AFS, MT, 6311. the submitted SIPs as referenced above ID, Yellowstone Pipeline Missoula to EIS No. 990370, DRAFT EIS, BLM, NM, may be used for transportation Thompson Falls Reroute, Las Cruces Field Office Riparian and conformity by the respective Construction and Operation, Special- Aquatic Habitat Management, To Metropolitan Planning Organizations in Use-Permit and Right-of-Way Restore and Protect, Mimbres Houston and El Paso. Easement, Missoula, Sanders and Resource Management Plan, Dona Dated: October 4, 1999. Mineral Counties, MT and Shoshone Ana, Luna, Grant and Hidalgo County, ID, Due: November 29, 1999, Jerry Clifford, Counties, NM, Due: January 12, 2000, Contact: Terry Egenhoff (406) 329– Acting Regional Administrator, Region 6. Contact: Bill Merhege (505) 525–4369. 3833. EIS No. 990371, DRAFT EIS, BLM, NM, [FR Doc. 99–26969 Filed 10–14–99; 8:45 am] EIS No. 990363, DRAFT EIS, AFS, OR, Taos Field Office Riparian and BILLING CODE 6560±50±U Five Rivers Watershed Landscape Aquatic Habitat Management, To Management Project, To Restore Restore and Protect, Colfax, Harding, Terrestrial and Aquatic Habitat, Los Alamos, Mora, Rio Arriba, San ENVIRONMENTAL PROTECTION Special-Use-Permit, Siuslaw National AGENCY Miquel, Santa Fe, Taos and Unison Forest, Waldport Ranger District, Counties, NM, Due: January 12, 2000, [ER±FRL±6247±1] Lincoln and Lane Counties, OR, Due: Contact: Pam Herrera (505) 751–4705. December 30, 1999, Contact: Doris Tai Environmental Impact Statements; (541) 563–3211. Amended Notices Notice of Availability EIS No. 990364, FINAL SUPPLEMENT, EIS No. 990229, DRAFT EIS, AFS, MT, FHW, IA, Central Business District Responsible Agency: Office of Federal NB, WY, ND, SD, Dakota Prairie Loop Arterial Construction, Harding Grasslands, Nebraska National Forest Activities, General Information (202) Road and I–235 to US 65 at Scott 564–7167 or (202) 564–7153. Units and Thunder Basin National Avenue, Funding and 404 Permit, Grassland, Land and Resource Weekly receipt of Environmental Impact Polk County, IA, Due: November 22, Statements Management Plans 1999 Revisions, 1999, Contact: Bobby Blockmon (512) Implementation, MT, NB, WY, ND Filed October 04, 1999 Through October 233–7300. 08, 1999 and SD, Due: November 29, 1999, EIS No. 990365, FINAL EIS, NRC, MD, Contact: Pam Gardner (308) 432–0300. Pursuant to 40 CFR 1506.9. Generic EIS—Calvert Cliffs Nuclear EIS No. 990358, FINAL EIS, AFS, UT, Published FR 07–16–99 Review Power Plant Unit 1 and 2, License Period Extended. from 10–13–99 to Wasatch Powderbird Guides Permit Renewal of Nuclear Plant, Calvert Renewal, Proposal to Conduct Guided 11–29–99. County, MD, Due: November 15, 1999, EIS No. 990341, FINAL EIS, FHW, MS, Helicopter Skiing Activities on Contact: Thomas J. Kenyon (301) 415– National Forest System Land, Airport Parkway/Mississippi 25 1170. Connectors, Construction Beginning Issuance of a Special-Use-Permit, EIS No. 990366, FINAL EIS, COE, CA, at Intersection of High Street/ Wasatch-Cache National Forest, Uinta Tule River Basin Investigation Project, Interstate 55 (I–55), Ending at National Forest, Salt Lake County, Plan to Increase Flood Protection Mississippi 25, City of Jackson, Hinds UT, Due: November 15, 1999, Contact: Downstream of Success Dam and and Rankin Counties, MS, Due: Rob Cruz (801) 733–2685. Increase Storage Space in Lake November 01, 1999, Contact: Cecil W. EIS No. 990359, FINAL EIS, COE, PA, Success for Irrigation Water, Tule Vick, Jr. (601) 965–4217. Published Lackawanna River Flood Protection River, Tulace and King Counties, CA, FR 10–01–99 Correction to Title. Project, To Provide the Plot and Green Due: November 15, 1999, Contact: Ridge Reevaluation, Scranton Local Mario Parker (916) 557–6701. Dated: October 12, 1999. Flood Protection, Lackawanna River, EIS No. 990367, DRAFT EIS, COE, CA, William D. Dickerson, Lackawanna County, PA, Due: San Timoteo Creek Reach 3B Flood Director, NEPA Compliance Division, Office November 15, 1999, Contact: Michele Control Project, Flood Protection, of Federal Activities. Bistany (410) 962–4934. Construction, Operation and [FR Doc. 99–27017 Filed 10–14–99; 8:45 am] EIS No. 990360, FINAL EIS, NOA, Maintenance, San Bernardino County, BILLING CODE 6560±50±U Calico Scallop Fishery and Sargassum CA, Due: November 29, 1999, Contact: Habitat Fishery, Fishery Management Joy Jaiswal (213) 452–3871. Plans Establishment and EIS No. 990368, DRAFT EIS, BLM, NM, ENVIRONMENTAL PROTECTION Implementation, South Atlantic Albuquerque Field Office Riparian AGENCY Region, Due: November 15, 1999, and Aquatic Habitats Management, To Contact: Steve Branstetter (727) 570– Restore and Protect, Rio Puerco [FRL±6458±2] 5305. Resource Management Plan The above FEIS close the Sargassum Determination of the Waste Isolation Amendment (RMPA), Cibola, Pilot Plant's Compliance With Fishery Management Plan Portion of Sandoval, McKinley, Rio Arriba, DEIS ι980260, The Calico Scallop Applicable Federal Environmental Bernalillo, Valencia and Santa Fe Laws for the Period October 1996±1998 Fishery Management Plan portion of the Counties, NM, Due: January 12, 2000, DEIS will be closed at a later date. Contact: Jim Silva (505) 761–8901. AGENCY: Environmental Protection EIS No. 990361, FINAL EIS, COE, TN, EIS No. 990369, DRAFT EIS, BLM, NM, Agency (EPA). KY, Reelfoot Lake Project, Farmington Field Office Riparian and ACTION: Notice. Implementation of Wetland Aquatic Habitat Management, To Preservation, Waterfowl Habitat Restore and Protect, Farmington SUMMARY: The U.S. Environmental Restoration, Fishery Improvement, Riparian and Aquatic Habitat Protection Agency (EPA) has

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55913 determined that, for the period October This determination is not in any way contact Eastern Research Group, Inc., 1996 to October 1998, the U.S. related to, or a part of, EPA’s Telephone: (781) 674–7374. Space is Department of Energy (DOE) has certification decision regarding whether limited so please register early. submitted documentation that the Waste the WIPP complies with the disposal AVAILABILITY OF REVIEW MATERIALS: Isolation Pilot Plant (WIPP), operated by standards for transuranic radioactive An DOE, was in compliance with waste (40 CFR Part 191). EPA’s electronic version of the draft Research applicable Federal statutes, regulations, certification rulemaking was conducted Strategy is accessible on EPA’s National and permit requirements designated in pursuant to Section 8(d) of the WIPP Center for Environmental Assessment Section 9(a)(1) of the WIPP Land LWA and is wholly separate from this (NCEA) home page via the Internet at Withdrawal Act, as amended. The regulatory action. http://www.epa.gov/ncea/new.htm. Secretary of Energy was notified of the FOR FURTHER INFORMATION CONTACT: Nick FOR FURTHER INFORMATION CONTACT: The determination via letter from EPA Stone; telephone number: 214–665– EPA has contracted with Eastern Administrator Carol M. Browner dated 7226; address: WIPP Project Officer, Research Group, Inc., (ERG, Inc., 110 October 7, 1999. Mail Code 6PD–N, U.S. Environmental Hartwell Avenue, Lexington, This determination is made under the Protection Agency, Region 6, 1445 Ross Massachusetts 02421). To attend the authority of Section 9 of the WIPP Land Avenue, Dallas, TX 75202. Materials meeting as an observer, please Withdrawal Act (WIPP LWA). (Pub. L. related to this determination have been preregister by calling ERG at 781–674– 102–579 and 104–201.) Section 9(a)(1) placed in Docket A–98–49, Item II–B3, 7374 or fax a registration request to 781– of the WIPP LWA requires that, as of the located at the U.S. Environmental 674–2906. Upon registration, you will date of the enactment of the WIPP LWA, Protection Agency, Air Docket Section, be sent an agenda and a logistical fact DOE shall comply with respect to WIPP Room M–1500, 401 M Street, SW, sheet. with (1) regulations for the management Washington, D.C. 20460. The docket is and storage of radioactive waste (40 CFR open for public inspection from 8:00 SUPPLEMENTARY INFORMATION: ERG is Part 191, Subpart A); (2) the Clean Air a.m. until 5:30 p.m., Monday through convening the peer review panel to Act; (3) the Solid Waste Disposal Act; Friday, except on Federal holidays. A review a draft Strategy for Research on (4) the Safe Drinking Water Act; (5) the reasonable fee may be charged for Environmental Risks to Children. The Toxic Substances Control Act; (6) the photocopying services. peer review panel is requested to Comprehensive Environmental Dated: October 7, 1999. comment on the extent to which the Response, Compensation, and Liability Carol M. Browner, Research Strategy clearly identifies the appropriate strategic directions for a Act; and (7) all other applicable Federal Administrator. laws pertaining to public health and core research program that will develop [FR Doc. 99–26964 Filed 10–14–99; 8:45 am] safety or the environment. Section the methods, models, and 9(a)(2) of the WIPP LWA requires DOE BILLING CODE 6560±50±U measurements to strengthen the biennially to submit to EPA scientific foundation for risk documentation of continued compliance ENVIRONMENTAL PROTECTION assessments for children across EPA and with the laws, regulations, and permit AGENCY to reduce children’s risks. requirements set forth in Section 9(a)(1). [FRL±6458±3] The Research Strategy aims to strike (DOE is required biennially to submit a balance between research directed at documentation of compliance with the Peer Review of Agency Strategy for basic issues, such as whether children Solid Waste Disposal Act to the State of Research on Environmental Risks to are more susceptible or highly exposed New Mexico.) Section 9(a)(3) requires Children to particular environmental substances, the Administrator of EPA to determine and research that will provide the on a biennial basis, following the AGENCY: Environmental Protection methods and models to support risk submittal of documentation of Agency (EPA). assessments of environmental compliance by the Secretary of DOE, ACTION: Notice of meeting. substances as they are conducted in the whether the WIPP is in compliance with the pertinent laws, regulations, and SUMMARY: This notice announces a EPA Programs. permit requirements, as set forth at workshop organized by Eastern After considering recommendations Section 9(a)(1). Research Group, Inc., a U.S. from extramural advisory groups, as EPA has determined that for the Environmental Protection Agency (EPA) well as from senior scientists from period October 1996 to October 1998, contractor, to obtain scientific peer- across EPA’s Program and Regional DOE has submitted documentation review of an EPA Office of Research and Offices, ORD has identified, in the which indicates continued compliance Development (ORD) draft Research Research Strategy, the strategic with 40 CFR Part 191, Subpart A, the Strategy entitled: Strategy for Research directions for its Children’s Health Clean Air Act, the Safe Drinking Water on Environmental Risks to Children. Research Program. While the Research Act, the Toxic Substances Control Act, DATES: The peer review workshop will Strategy delineates the research areas and the Comprehensive Environmental begin at 9:00 a.m. and end no later than comprising the framework for the Response, Compensation, and Liability 5:00 p.m. on Tuesday, November 9, Children’s Health Research Program, the Act. With respect to other applicable 1999, and begin at 8:30 a.m. and end no details of the research areas, including Federal laws pertaining to public health earlier than 3:00 p.m. on Wednesday, the scientific approach at the individual and safety or the environment, as November 10, 1999. Members of the project level, and the anticipated required by Section 9(a)(1)(G), DOE’s public may attend as observers. Due to products, performance measures, and documentation also indicates that DOE limited space, seating at the meetings schedules, will be included in was in compliance with the Clean Water will be on a first-come first-serve basis. subsequent research plans and are not a Act, the Federal Insecticide, Fungicide, ADDRESSES: The peer review will be part of this Research Strategy. ERG is and Rodenticide Act (FIFRA), and held at the Holiday Inn Capitol, 550 C undertaking the establishment of a peer certain statutes under the jurisdiction of Street, SW, Washington, DC 20024. To review panel to review the Research the Department of Interior. attend the workshop as an observer, Strategy.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.179 pfrm02 PsN: 15OCN1 55914 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Dated: October 7, 1999. ACTION: Notice. ‘‘SUPPLEMENTARY INFORMATION’’ Harold Zenick, section. To ensure proper receipt by Acting Deputy Assistant Administrator for SUMMARY: This notice announces the EPA, it is imperative that you identify Science, Office of Research and Development. initial filing of pesticide petitions docket control number PF–891 in the [FR Doc. 99–26965 Filed 10–14–99; 8:45 am] proposing the establishment of subject line on the first page of your BILLING CODE 6560±50±U regulations for residues of certain response. pesticide chemicals in or on various food commodities. FOR FURTHER INFORMATION CONTACT: The ENVIRONMENTAL PROTECTION product manager listed in the table DATES: Comments, identified by docket AGENCY below: control number PF–891, must be [PF±891; FRL±6099±6] received on or before November 15, 1999. Notice of Filing Pesticide Petitions To ADDRESSES: Establish a Tolerance for Certain Comments may be Pesticide Chemicals in or on Food submitted by mail, electronically, or in person. Please follow the detailed AGENCY: Environmental Protection instructions for each method as Agency (EPA). provided in Unit I.C. of the

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

Ann Sibold ...... Rm. 212, CM #2, 703±305±6502, e-mail: 1921 Jefferson Davis Hwy, PP 6H5743 [email protected]. Arlington, VA William Sproat ...... Rm. 6044, CM #2, 703±308±8587, e-mail: Do. PP 9F6043 [email protected].

SUPPLEMENTARY INFORMATION: B. How Can I Get Additional #2, 1921 Jefferson Davis Highway, Information, Including Copies of This Arlington, VA, from 8:30 a.m. to 4 p.m., I. General Information Document and Other Related Monday through Friday, excluding legal A. Does This Action Apply to Me? Documents? holidays. The PIRIB telephone number 1. Electronically. You may obtain is (703) 305–5805. You may be affected by this action if electronic copies of this document, and you are an agricultural producer, food C. How and to Whom Do I Submit certain other related documents that Comments? manufacturer or pesticide manufacturer. might be available electronically, from Potentially affected categories and the EPA Internet Home Page at http:// You may submit comments through entities may include, but are not limited www.epa.gov/. To access this the mail, in person, or electronically. To to: document, on the Home Page select ensure proper receipt by EPA, it is ‘‘Laws and Regulations’’ and then look imperative that you identify docket up the entry for this document under control number PF–891 in the subject the ‘‘Federal Register--Environmental line on the first page of your response. 1. By mail. Submit your comments to: Cat- NAICS Examples of poten- Documents.’’ You can also go directly to egories tially affected entities the Federal Register listings at http:// Public Information and Records www.epa.gov/fedrgstr/. Integrity Branch (PIRIB), Information Industry 111 Crop production 2. In person. The Agency has Resources and Services Division 112 Animal production established an official record for this (7502C), Office of Pesticide Programs, 311 Food manufacturing action under docket control number PF– Environmental Protection Agency, 401 32532 Pesticide manufac- 891. The official record consists of the M St., SW., Washington, DC 20460. turing documents specifically referenced in 2. In person or by courier. Deliver this action, any public comments your comments to: Public Information This listing is not intended to be received during an applicable comment and Records Integrity Branch (PIRIB), exhaustive, but rather provides a guide period, and other information related to Information Resources and Services for readers regarding entities likely to be this action, including any information Division (7502C), Office of Pesticide affected by this action. Other types of claimed as confidential business Programs (OPP), Environmental entities not listed in the table could also information (CBI). This official record Protection Agency, Rm. 119, Crystal be affected. The North American includes the documents that are Mall #2, 1921 Jefferson Davis Highway, Industrial Classification System physically located in the docket, as well Arlington, VA. The PIRIB is open from 8:30 a.m. to 4 p.m., Monday through (NAICS) codes have been provided to as the documents that are referenced in those documents. The public version of Friday, excluding legal holidays. The assist you and others in determining the official record does not include any PIRIB telephone number is (703) 305– whether or not this action might apply information claimed as CBI. The public 5805. to certain entities. If you have questions version of the official record, which 3. Electronically. You may submit regarding the applicability of this action includes printed, paper versions of any your comments electronically by E-mail to a particular entity, consult the person electronic comments submitted during to: ‘‘[email protected] ,’’ or you can listed in the ‘‘FOR FURTHER an applicable comment period, is submit a computer disk as described INFORMATION CONTACT’’ section. available for inspection in the Public above. Do not submit any information Information and Records Integrity electronically that you consider to be Branch (PIRIB), Rm. 119, Crystal Mall CBI. Avoid the use of special characters

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.178 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55915 and any form of encryption. Electronic in or on various food commodities A. Residue Chemistry submissions will be accepted in under section 408 of the Federal Food, 1. Plant metabolism. The nature of the Wordperfect 5.1/6.1 or ASCII file Drug, and Comestic Act (FFDCA), 21 residues of esbiothrin and S-bioallethrin format. All comments in electronic form U.S.C. 346a. EPA has determined that in plants relevant to the establishment must be identified by docket control these petitions contain data or of a food/feed additive tolerance is number PF–891. Electronic comments information regarding the elements set adequately understood. Metabolism data may also be filed online at many Federal forth in section 408(d)(2); however, EPA have been generated on tomatoes, wheat Depository Libraries. has not fully evaluated the sufficiency and lettuce as well as samples of these of the submitted data at this time or D. How Should I Handle CBI That I stored commodities. All degradates whether the data supports granting of Want To Submit to the Agency? found from the metabolism samples had the petition. Additional data may be structures consistent with Do not submit any information needed before EPA rules on the petition. photoproducts of allethrin. Only very electronically that you consider to be minor amounts of cleavage products CBI. You may claim information that List of Subjects were found, indicating that metabolic or you submit to EPA in response to this Environmental protection, abiotic cleavage was not occurring to document as CBI by marking any part or Agricultural commodities, Feed any great extent. In view of the known all of that information as CBI. additives, Food additives, Pesticides rapid photodegradation of allethrin and Information so marked will not be and pests, Reporting and recordkeeping related compounds, it is most likely that disclosed except in accordance with requirements. these products arose from photolysis, procedures set forth in 40 CFR part 2. rather than metabolism. No metabolites In addition to one complete version of Dated: October 7, 1999. of toxicological concern were identified. the comment that includes any Therefore, the only residue of concern is information claimed as CBI, a copy of James Jones, allethrin. the comment that does not contain the Director, Registration Division, Office of 2. Analytical method. Analytical information claimed as CBI must be Pesticide Programs. methods for determining residues of submitted for inclusion in the public allethrin in a variety of food version of the official record. Summaries of Petitions commodities have been developed and Information not marked confidential The petitioner summaries of the submitted to the Agency. These will be included in the public version pesticide petitions are printed below as methods use gas chromatography (GC) of the official record without prior required by section 408(d)(3) of the with quantitation by an electron capture notice. If you have any questions about FFDCA. The summaries of the petitions detector (ECD) for determination of total CBI or the procedures for claiming CBI, were prepared by the petitioners and allethrin residues. These methods have please consult the person identified in represent the views of the petitioners. been validated and are appropriate for the ‘‘FOR FURTHER INFORMATION EPA is publishing the petition the determination of allethrin residues CONTACT’’ section. summaries verbatim without editing in a variety of food commodities after E. What Should I Consider as I Prepare them in any way. The petition summary application in food/feed handling My Comments for EPA? announces the availability of a establishments. description of the analytical methods 3. Magnitude of residues. The You may find the following available to EPA for the detection and suggestions helpful for preparing your magnitude of the residue study measurement of the pesticide chemical demonstrated that residues of esbiothrin comments: residues or an explanation of why no 1. Explain your views as clearly as and S-bioallethrin are not expected to such method is needed. possible. exceed the proposed tolerance level of 1.0 ppm as a result of the use of these 2. Describe any assumptions that you 1. AgrEvo Environmental Health used. compounds in food/feed handling 3. Provide copies of any technical PP 6H5743 establishments. information and/or data you used that B. Toxicological Profile support your views. EPA has received a pesticide petition 4. If you estimate potential burden or (PP 6H5743) from AgrEvo 1. Acute toxicity—i. S-bioallethrin. costs, explain how you arrived at the Environmental Health, 95 Chestnut The acute rat oral LD50 of S-bioallethrin estimate that you provide. Ridge Road, Montvale, NJ 07645 was 574 milligrams/kilograms (mg/kg) 5. Provide specific examples to proposing, pursuant to section 408(d) of (males) and 413 mg/kg (females) when illustrate your concerns. the Federal Food, Drug, and Cosmetic administered in PEG 200 and 607 mg/ 6. Make sure to submit your Act, 21 U.S.C. 346a(d), to amend 40 CFR kg (males) and 497 mg/kg (females) comments by the deadline in this part 180 by establishing a tolerance for when administered in corn oil. The notice. residues of esbiothrin and S-bioallethrin acute rabbit dermal LD50 was greater 7. To ensure proper receipt by EPA, in or on food/feed items as a result of than 2,000 mg/kg. The acute rat be sure to identify the docket control applications in food/feed handling inhalation LC50 was 1.26 milligrams per number assigned to this action in the establishments at 1.0 parts per million liter (mg/L). S-bioallethrin was found to subject line on the first page of your (ppm). EPA has determined that the be slightly irritating to rabbit eyes, non- response. You may also provide the petition contains data or information irritating to rabbit skin, and did not name, date, and Federal Register regarding the elements set forth in elicit a sensitizing response in guinea citation. section 408(d)(2) of the FFDCA; pigs. however, EPA has not fully evaluated ii. Esbiothrin. The acute oral LD50 of II. What Action Is the Agency Taking? the sufficiency of the submitted data at esbiothrin in rats was 432.3 mg/kg EPA has received pesticide petitions this time or whether the data supports (males) and 378 mg/kg (females). The as follows proposing the establishment granting of the petition. Additional data acute dermal LD50 in rabbits was greater and/or amendment of regulations for may be needed before EPA rules on the than 2,000 mg/kg. The acute inhalation residues of certain pesticide chemicals petition. LC50 in rats was 2.59 mg/L. Esbiothrin

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.180 pfrm02 PsN: 15OCN1 55916 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices was found to be non-irritating to rabbit 4. Subchronic toxicity—i. S- observed. There was no evidence of eyes, slightly irritating to rabbit skin, bioallethrin. A 28–day dermal toxicity oncogenicity. The NOAEL was 1,250 and did not elicit a sensitizing response study was conducted with S- ppm (214.3 mg/kg/day). in guinea pigs. bioallethrin applied to the backs of rats In a 1–year feeding study, beagle dogs 2. Genotoxicity. No indication of at 0, 10, 100, or 1,000 mg/kg/day for 6 were administered dietary genotoxicity was noted in a battery of in hours/exposure 5 days/week for a total concentrations of 0, 80, 400, and 2,000 vivo and in vitro studies conducted with of 28 exposures. There were no ppm esbiothrin. There were no either S-bioallethrin or esbiothrin. treatment-related effects observed. The toxicologically significant effects 3. Reproductive and developmental NOAEL was 1,000 mg/kg/day. observed. The NOAEL for this study toxicity—i. S-bioallethrin. In a rat A 28–day rat inhalation study was was 2,000 ppm (69.9 mg/kg/day). developmental toxicity study, animals conducted with S-bioallethrin at 6. Animal metabolism. It appears that were administered S-bioallethrin at 0, 5, analytical concentrations of 0 (air only), absorption of the allethrins is dependent 20, and 80 mg/kg/day during gestation 0.0051, 0.025, and 0.073 mg/L. Animals upon the vehicle and route of days 6-15. Maternal mortality, tremors, were exposed for 6 hours/day, 5 days/ administration. However, once piloerection and body weight (bwt) week for a total of 4 weeks. Intermittent absorbed, the allethrins are readily changes were observed. No evidence of limb tremors, walking on ‘‘tip toes,’’ excreted. The dermal absorption developmental toxicity was observed. hunched posture, aggressive behavior determined from a rat dermal absorption The maternal no observed adverse effect and vocalizing when handled were study was approximately 25% when levels (NOAEL) was 20 mg/kg/day. The observed at 0.025 and 0.073 mg/L. The administered in an aromatic developmental NOAEL was 80 mg/kg/ NOAEL was 0.0051 mg/L. hydrocarbon vehicle. day. In a 90–day feeding study, rats were 7. Endocrine disruption. No special In a rabbit developmental toxicity administered S-bioallethrin at dietary studies have been conducted to study, animals were administered S- concentrations of 0, 250, 500, 2,000, and investigate the potential of esbiothrin or bioallethrin at 0, 5, 50, or 200 mg/kg/ 8,000 ppm. Reduced bwt gain, food and S-bioallethrin to induce estrogenic or day during gestation days 6-19. Tremors water consumption, and increased other endocrine effects. However, the and reduced bwts and food absolute and relative liver and thyroid standard battery of required toxicity consumption were reported. The weights were observed at 2,000 ppm studies has been completed. The studies maternal NOAEL was 50 mg/kg/day. and higher. Various microscopic include an evaluation of the potential Some evidence of slight developmental findings were reported for liver, kidneys effects on reproduction and delay and an associated increased and the thyroid. The NOAEL was 250 development and an evaluation of the incidence of extra ribs and vertebrae ppm or 18.5 mg/kg/day. pathology of the endocrine organs were noted at the 200 mg/kg/day level. In a 90–day feeding study, beagle dogs following repeated or long-term However these findings were only were administered S-bioallethrin at exposure. These studies are generally observed at the maternally toxic dose. dietary concentrations of 0, 400, 1,000, considered to be sufficient to detect any The developmental NOAEL was 50 mg/ and 2,250 ppm. Decreased bwt gains, endocrine effects, yet no such effects kg/day. muscle tremors, wasted body condition, were detected. Thus, the potential for ii. Esbiothrin. In a developmental and intermittent incidences of esbiothrin or S-bioallethrin to produce toxicity study, rats were administered 0, decreased activity, hunched posture, any significant endocrine effects is 5, 25, and 125 mg/kg/day esbiothrin diarrhea, and increased absolute and considered to be minimal. during gestation days 6-15. The relative liver weights were observed. maternal NOAEL was 25 mg/kg/day Histopathologic examination of the liver C. Aggregate Exposure based on mortality and excess revealed centrilobular hepatocyte Esbiothrin and S-bioallethrin are salivation, urine staining of the enlargement. The NOAEL was 1,000 broad-spectrum insecticides used to abdominal fur, tremors, body jerks and ppm (38.54 mg/kg/day). control various pests in domestic indoor hypersensitivity to sound. There were ii. Esbiothrin. In a 21–day dermal and outdoor areas (including use on no indications of developmental toxicity study, rabbits were exposed to pets), commercial and industrial food toxicity. The developmental NOAEL 0, 40, 200 and 1,000 mg/kg esbiothrin use areas and on ornamental plants. was 125 mg/kg/day. for 6 hours/day for 5 days/week for 3 Thus, aggregate non-occupational In a rabbit developmental toxicity weeks. There were no treatment-related exposure would include exposures study, animals were administered systemic effects. Dermal effects were resulting from non-food uses in addition esbiothrin at 0, 30, 100, and 300 mg/kg/ noted at all dose levels. The NOAEL for to consumption of potential residues in day during gestation days 6-18. The systemic toxicity was 1,000 mg/kg/day food and water. maternal NOAEL was 100 mg/kg/day highest dose tested (HDT). Both mixtures possess similar based on deaths, tremors, decreased 5. Chronic toxicity. In a 2–year qualitative toxicologic profiles, but the motor activity, and ataxia. There were toxicity/oncogenicity study, rats were overall weight of evidence indicates that no indications of developmental administered 0, 100, 500, 1,500, or 4,500 the d-trans of d isomer is the most toxicity. The developmental NOAEL ppm esbiothrin in the diet. Decreased toxicologically significant isomer in was 300 mg/kg/day. bwt gain, increased liver enzymes and these mixtures. Consequently, after In a 2-generation reproduction study, cholesterol levels, increased liver converting into S-bioallethrin esbiothrin was administered to rats at weights, hepatocellular hypertrophy equivalents from esbiothrin data, or vice dietary concentrations of 0, 70, 200, 600, and hepatic cell degeneration and versa, based on the relative proportions and 1,800 ppm. Decreased body weights necrosis were observed. There was no of d-trans of d, the toxicity data for these (bwts) and mortality were observed in evidence of oncogenicity. The NOAEL mixtures can be used interchangeably. F1 parental animals. Slight decreases in was 500 ppm (27 mg/kg/day). 1. Dietary exposure—Food. Since pup viability and pup weights were A 2–year toxicity/oncogenicity study there are no agricultural uses with these observed only in the F1 generation and was conducted with esbiothrin in mice active ingredients, an acute dietary were confined to four litters in the high at dietary concentrations of 0, 50, 250, exposure was not evaluated. According dose group. The reproductive NOAEL or 1,250 ppm esbiothrin. Increased to EPA guidelines, food handling was 600 ppm or 50.4 mg/kg/day. absolute and relative liver weights were establishment uses should only be

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.180 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55917 evaluated for chronic dietary exposure. Consequently, if health risks are products would actually be lower than Potential chronic dietary exposures acceptable under these conditions, the those presented here. from food commodities under the potential risks associated with other E. Safety Determination proposed food and feed additive more likely scenarios would also be tolerance for esbiothrin and S- acceptable. 1. U.S. population. The combined bioallethrin were estimated using the Aggregate short-term risk was toxicity and residue data base for Exposure 1 software system (TAS, Inc.) calculated by combining the risk esbiothrin and S-bioallethrin is and the 1977-78 USDA consumption calculated for the ‘‘flea infestation’’ considered to be valid, reliable and data. Dietary risk assessment was scenario (non-dietary risk) with the essentially complete. No evidence of conducted in a tiered approach whereby chronic dietary risk analyses. As oncogenicity has been observed. In three scenarios were evaluated. The first indicated previously, S-bioallethrin and accordance with EPA’s ‘‘Toxicology scenario assumed 100% of all food and esbiothrin possess similar qualitative Endpoint Selection Process’’ Guidance feed handling establishments (FHE) are toxicity profiles. Due to their isomeric Document, the toxicology endpoint from treated with S-bioallethrin or esbiothrin mixtures, the product toxicity data for the S-bioallethrin acute neurotoxicity and that all residues from these either product can be converted to the study, 30 mg/kg, was used to evaluate treatments are at the proposed tolerance other after the appropriate conversions acute non-dietary risk. According to level (1 ppm). The second scenario have been made based on relative current EPA policy, residues from Food assumes that 100% of the FHE are proportions of the d-trans of d isomer Handling Establishment uses are only evaluated for potential chronic dietary treated and all residues are at the content. For risk assessment purposes, risk. AgrEvo is proposing a RfD of 0.226 proposed tolerance level except where S-bioallethrin will be used to assess the mg/kg bwt/day to evaluate chronic actual residue data are available. The risk of S-bioallethrin and esbiothrin dietary risk for S-bioallethrin and third scenario assumes that, more since it contains a greater proportion of esbiothrin. This RfD is based on the realistically, only 25% of the FHE are the more toxicologically significant NOAEL from the esbiothrin rat chronic treated and all residues are at the isomer, d-trans of d. As a result of using toxicity/oncogenicity study with a 100- proposed tolerance level except for the data in this manner, a conservative, fold safety factor to account for where actual residue data exist. worst-case evaluation can be made. 2. Drinking water. Exposure via interspecies extrapolation and drinking water is expected to be D. Cumulative Effects intraspecies variation. The S- bioallethrin NOAEL served as a worst- negligible since esbiothrin and S- At the present time, there are bioallethrin are neither persistent in the case scenario because it contains the insufficient data available to allow environment nor likely to leach. As is largest amount of d-trans of d isomer by AgrEvo to properly evaluate the characteristic of pyrethroids, the weight. potential for cumulative effects from the allethrins bind strongly to soil and will The potential chronic dietary various pyrethroids now being used, or not be leached out by water. Further, exposure for the overall U.S. population from any other chemicals that may have this pyrethroid is rapidly degraded under the three scenarios as described similar mechanisms of toxicity. under environmental conditions (in soil, in section D utilize the following Furthermore, because of the need to water and in the presence of sunlight). portions of the RfD: 10.73% for scenario utilize data from multiple registrants, The half-life of esbiothrin and S- 1 (100% FHE treated and all residues at such an analysis cannot be conducted bioallethrin is approximately 7-15 the proposed tolerance level); 5.28% for minutes in sunlight and no more than by a single registrant. AgrEvo is the second scenario (100% FHE treated 2 hours in total darkness. Due to these currently participating in a joint and all residues at proposed tolerance properties, no residues in drinking industry effort to evaluate the potential level except where actual data exist) and water are expected to be present. aggregate risks from exposure to all 1.32% of the third scenario (treatment of 3. Non-dietary exposure. As noted pyrethroids but the results from this only 25% of FHE and residues at above, esbiothrin and S-bioallethrin are evaluation are not yet available. proposed tolerance except where actual broad-spectrum insecticides developed As an interim measure, AgrEvo has data exist). There is generally no for use in non-agricultural applications evaluated the potential cumulative risks concern for chronic exposures below including indoor foggers, insect mats associated with exposure to three 100% of the RfD since it represents the and coils, household commercial and products in the allethrin series: level at or below which no appreciable institutional insect killers; food and feed bioallethrin, esbiothrin, and S- risks to human health is posed. handling applications, commercial non- bioallethrin. These products contain Using an upper bound estimate of food/feed sites, pet applications and varying proportions of d-trans potential non-dietary exposure from a greenhouse/ornamental applications. To chrysanthemate ester of d- and l- worst-case scenario (flea treatment) evaluate non-dietary exposure, the ‘‘flea allethrolone (d-trans d and d-trans l). results in a margin of exposure (MOE) infestation control,’’ scenario was The uses for these products are very of approximately 610,000 for adults chosen to represent a plausible but similar except that no food uses are with S-bioallethrin and approximately worst-case non-dietary (indoor and being proposed for bioallethrin. The use 510,000 for esbiothrin. outdoor) non-occupational exposure. rates for the three products differ based Utilizing the scenario of chronic This scenario provides a situation where on relative efficacy which appears to be dietary exposure with an upper bound S-bioallethrin and/or esbiothrin is related to the percentage of the most estimate of potential non-dietary commonly used and one in which both active isomer (d-trans d). The risk exposure from a worst-case scenario can be used concurrently for a assessments conducted in support of (flea treatment), the resulting MOE for multitude of uses, e.g. spot treatment of this petition were based on the worst- aggregate exposure to S-bioallethrin is infested indoor surfaces such as carpets case assumption that all residues were 9,800 for the adult population and 8,100 and rugs, treatment of pets and from S-bioallethrin, the product with for esbiothrin for the same population treatment of animal housing. This the highest percentage of the most active group. hypothetical situation provides a very isomer. Therefore, the potential There is generally no concern for conservative, upper bound estimate of cumulative risks associated with a MOEs greater than 100 or utilization of potential non-dietary exposures. combination of all three of these less than 100% RfD. Therefore, there is

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.180 pfrm02 PsN: 15OCN1 55918 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices reasonable certainty that no harm will 1,900 for esbiothrin. A MOE of 2,400 for data or information regarding the result to the U.S. population in general children 1-6 years was noted for S- elements set forth in section 408(d)(2) of from aggregate exposure to S- bioallethrin and a MOE of 2,000 for the FFDCA; however, EPA has not fully bioallethrin or esbiothrin. esbiothrin. evaluated the sufficiency of the 2. Infants and children. Data from Utilizing the scenario of chronic submitted data at this time or whether developmental toxicity studies in rats dietary exposure with an upper bound the data supports granting of the and rabbits and multi-generation estimate of potential non-dietary petition. Additional data may be needed reproduction studies in rats are exposure from a worst case scenario before EPA rules on the petition. generally used to assess the potential for (flea infestation), it can be seen that for A. Residue Chemistry increased sensitivity of infants and aggregate exposure to S-bioallethrin and children. The developmental toxicity esbiothrin, the MOE for infants less than 1. Plant metabolism. Studies of the studies are designed to evaluate adverse 1–year is 1,500 for S-bioallethrin and nature of residues in three diverse effects on the developing organism 1,200 for esbiothrin. For children 1–6 crops, potatoes, apples, and lettuce, resulting from pesticide exposure years, the MOE’s are 1,600 for S- have demonstrated that pirimicarb during prenatal development. bioallethrin and 1,300 for esbiothrin. undergoes very extensive metabolism, Reproduction studies provide As noted for the U.S. population, with the residues of concern in primary information relating to reproductive and these compounds have a very short half- crops being both pirimicarb and its other effects on adults and offspring life in light and in darkness. These carbamate metabolites. Zeneca proposes from prenatal and postnatal exposure to products are metabolized rapidly from that combined residues of pirimicarb, 2- the pesticide. None of the studies the body and based on general practices, (dimethylamino)-5,6-dimethyl-4- conducted with S-bioallethrin or are applied not more than once per pyrimidinyl dimethylcarbamate (9Cl), esbiothrin indicated evidence of month. Based on these properties and and its two carbamate metabolites developmental or reproductive effects use patterns, real-life exposures would (desmethyl pirimicarb and resulting from exposure to either be acute in nature and at much lower desmethylformamido pirimicarb) material at non-maternally toxic doses. levels than used in this assessment. expressed as desmethyl pirimicarb are FFDCA section 408 provides that EPA There is generally no concern for to be included in the tolerance. may apply an additional safety factor for MOE’s greater than 100, or less than 2. Analytical method. The analytical enforcement method uses Gas infants and children in the case of 100% utilization of RfD. Therefore, Chromatography (GC) equipped with a threshold effects to account for prenatal there is reasonable certainty that no thermionic nitrogen specific detector. and postnatal toxicity and the harm will result to the most sensitive Crop samples are macerated with completeness of the data base. Based on population subgroup, described as non- methanol and then filtered. After the current toxicological data nursing infants less than 1–year and filtration, the methanol is evaporated requirements, the data base relative to children 1–6 years, from aggregate and the samples resuspended and prenatal and postnatal effects in exposure to esbiothrin and S- partitioned with hexane and children is complete. No indication of bioallethrin. increased susceptibility to younger hydrochloric acid. The samples are left animals was noted in the developmental F. International Tolerances overnight to allow conversion of the or reproduction studies at non- Esbiothrin and S-bioallethrin are desmethylforamido pirimicarb maternally toxic doses or in the majority broad spectrum insecticides used metabolite to the desmethyl pirimicarb metabolite. The hexane layer is of studies with other pyrethroids. throughout the world to control pests of discarded and the acidic aqueous layer Therefore, use of the S-bioallethrin ornamental plants, household, is further partitioned with ethyl acetate. acute neurotoxicity NOAEL of 30 mg/kg commercial and industrial areas (indoor Sodium hydroxide is added to the for short-term risk, and the proposed and outdoor). There are currently no aqueous layer and pirimicarb and its RfD of 0.226 mg/kg/day for assessing maximum residue limits (MRLs) for carbamate metabolites are extracted chronic aggregate risk to infants and esbiothrin or S-bioallethrin. children is appropriate and an with dichloromethane. This method has additional uncertainty factor is not 2. ZENECA Ag Products been validated by an independent laboratory, with a LOD of 0.01 ppm. warranted. PP 9F6043 Using the dietary exposure 3. Magnitude of residues. Residue assumptions described above in section EPA has received a pesticide petition trials were conducted on potatoes, pre- D, the first scenario utilizes 41.98% of [9F6043] from ZENECA Ag Products, blossom apples, and lettuce in the major RfD for non-nursing infants (< 1–year) 1800 Concord Pike, Wilmington, DE crop growing areas of the United States. and 26.14% of RfD for children 1-6 19850 proposing, pursuant to section Sixteen residue trials were done on years. The second scenario utilizes 408(d) of the FFDCA, 21 U.S.C. 346a(d), potatoes at the maximum label rate. At 11.96% of the RfD for non-nursing to amend 40 CFR part 180 by time of harvest, there were no detectable infants < 1–year and 11.54% of RfD for establishing a tolerance for combined residues of either pirimicarb or its children 1-6 years. The third scenario residues of pirimicarb 2- carbamate metabolites at the LOD of utilizes 2.96% of RfD for non-nursing (dimethylamino)-5,6-dimethyl-4- 0.01 ppm. A processing study on infants < 1–year and 2.88% of the RfD pyrimidinyl dimethylcarbamate (9Cl) potatoes at 5x the maximum label rate for children 1-6 years. There is generally and its two carbamate metabolites: also demonstrated that there are no no concern for chronic exposures below desmethyl pirimicarb and detectable residues of pirimicarb or its 100% of the RfD since it represents the desmethylformamido pirimicarb, carbamate metabolites at the LOD of level at or below which no appreciable expressed as desmethyl pirimicarb in or 0.01 ppm on potatoes, potato peel, or risks to human health is posed. on the raw agricultural commodities any of the processed fractions (flakes Using an upper bound estimate of (RAC): potatoes and pre-blossom apples and chips). potential non-dietary exposures for a at 0.01 ppm, head lettuce at 0.3 ppm, Sixteen residue trials were conducted worst case scenario (flea infestation) leaf lettuce at 2.0 ppm, and endive on apples at the pre-blossom stage, results in a MOE of 2,300 for infants less (curly and escarole) at 2.0 ppm. EPA has using one application at the maximum than 1–year old for S-bioallethrin and determined that the petition contains label rate. At time of harvest, there were

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.180 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55919 no detectable residues of pirimicarb or FORMULATED MATERIAL (PIRIMOR showed slight effects at 250 ppm. The its carbamate metabolites at the LOD of DF) TOXICITY SUMMARY NOAEL for subchronic toxicity in the 0.01 ppm. An apple processing study at rat was concluded to be 175 ppm (17.5 mg/kg/day). 5x the maximum label rate also Toxicity test Results Toxicity demonstrated that there were no category a. Ninety–day dog feeding. Groups of detectable residues of pirimicarb or its four male and four female beagle dogs Acute oral rat ...... LD50 87 II were dosed with pirimicarb by capsule carbamate metabolites at the LOD of mg/kg 0.01 ppm on apples, or any of the at 0, 0.4 or 1.8 mg/kg/day as an oral Acute dermal rat .. LD50 > III dose for a period of at least 90 days; a processed fractions (pomace, juice). 2,000 further group received pirimicarb at 4 Six residue trials were completed on mg/kg Acute inhalation 1.7 mg/L III mg/kg/day for 180 days. There were no head lettuce at the maximum label rate. rat. (f) adverse clinical or pathological effects, Mature lettuce leaves were analyzed for Eye irritation rabbit Moderate II but the animals receiving 4 mg/kg/day pirimicarb and its carbamate irritant showed evidence of increased metabolites. Maximum residues of 0.24 Skin irritation rab- Slight irri- IV erythropoetic activity on the bone ppm were detected for the combined bit. tant marrow. The NOAEL in this study was residues of pirimicarb and its carbamate Skin sensitization Not a sen- - - 1.8 mg/kg/day. sitizer metabolites. b. Twenty-one–day dermal study. Pirimicarb was assessed for its sub-acute Six residue trials were completed on 2. Genotoxicity. Pirimicarb has been dermal toxicity. Groups of five male and leaf lettuce at the maximum label rate. evaluated for genotoxicity and five female rats were given 15, 6-hour Mature lettuce leaves were analyzed for mutagenicity. Pirimicarb does not dermal applications of 40, 200, or 1,000 pirimicarb and its carbamate induce gene mutation in either mg/kg pirimicarb as a paste in deionized metabolites. Maximum residues of 1.73 prokaryotic or non-mammalian water over a period of 21 days. There ppm were detected for the combined eukaryotic cells. was no signs of skin irritation and no residues of pirimicarb and its carbamate 3. Reproductive and developmental indications of systemic toxicity. A small metabolites. ZENECA requests that the toxicity. Pirimicarb was not teratogenic reduction in brain cholinesterase was Agency also use these leaf lettuce to rats when tested in a study using oral found at 1,000 mg/kg. The NOAEL was residue trials as surrogate data for the gavage dose levels of 0, 10, 25, and 75 200 mg/kg. commodity endive (curly and escarole). mg/kg/day. Fetotoxicity in the presence 5. Neurotoxicity-i. Acute of maternal toxicity was observed at 75 neurotoxicity. In an acute neurotoxicity B. Toxicological Profile mg/kg/day, but there were no effects on study, pirimicarb was administered as a mother or fetus at a dose level of 25 mg/ single dose at levels of 0, 10, 40, or 110 1. Acute toxicity. In common with kg/day. The overall NOAELs for mg/kg body weight. The animals were other carbamate insecticides, pirimicarb fetotoxicity was therefore, 25 mg/kg/day observed up to 14 days. A neurotoxicity induces toxic signs characteristic of in the rat. screening battery of tests including a cholinesterase inhibition. These effects Pirimicarb was not teratogenic in the functional observational battery and are rapidly reversed on the cessation of rabbit when tested in a study using oral quantitative measurement of motor treatment and recovery is usually full gavage dose levels of 0, 2, 10, or 60 mg/ activity was evaluated 1–week prior to and complete. kg/day. Maternal toxicity was observed the study, and on days 1, 8, and 15. Formulated pirimicarb (PIRIMOR DF) at 60 mg/kg/day, but there were no Administration of 110 mg/kg resulted in is classed as Category II toxicity based effects on the fetus at any dose level. early mortalities and adverse clinical on the highest hazard for either the There was no evidence of fetotoxicity or signs. Brain neurotoxic esterase activity technical or formulated product. teratogenicity in the rabbit at doses up was not affected by treatment. Changes to and including a maternally toxic dose at the 40 mg/kg dose were transient and PIRIMICARB TOXICITY SUMMARY of 60 mg/kg/day. not accompanied by biologically Neither study showed effects on the significant reductions in brain or Toxicity fetus in the absence of effects on the erythrocyte cholinesterase activity. It is Toxicity test Results category mother, and thus there was no evidence concluded that pirimicarb shows of enhanced fetal susceptibility to reversible clinical signs of neurotoxicity Acute oral rat ...... LD50 152 II pirimicarb. following administration of a single oral mg/kg Pirimicarb showed no evidence of dose of 110 mg/kg. The NOAEL for (m),142 reproductive toxicity to rats in a 2– clinical signs of transient acute mg/kg (f) generation reproductive toxicity study neurotoxicity is 40 mg/kg/day. The Acute dermal rat .. LD50 III using dose levels of 0, 50, 200, or 750 NOAEL for this study is 10 mg/kg/day. >1,000 ppm. There were no effects on ii. Subchronic neurotoxicity. A mg/kg (f) reproductive parameters at 750 ppm (88 subchronic rat neurotoxicity study was Acute inhalation 0.95 mg/L III rat. (m); 0.86 mg/kg/day), the highest dose tested performed. Pirimicarb was fed to rats at mg/L (f) (HDT). levels of 0, 75, 250, and 1,000 ppm for Eye irritation rabbit Non-irritant IV 4. Subchronic toxicity—i. Ninety–day 90 days. A neurotoxicity screening Skin irritation rab- Slight irri- IV rat feeding. In an number of repeat dose battery of tests, including functional bit. tant studies, male and female rats were fed observational battery and quantitative Skin sensitization Moderate May cause diets containing 0, 175, 250, or 750 ppm assessment of motor activity was allergic of pirimicarb for a period of 56-90 days. evaluated in week -1, 5, 9, and 14. reaction There were no adverse clinical, Histopathological assessment and hematological, or pathological effects. neurotoxic esterase activity in the brain The only effect was a reduction in body was performed after 90 days. Reduced weight gain, which was clearly evident growth and food consumption/ at 750 ppm in 2 studies, and one study utilization were observed at 250 and

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.180 pfrm02 PsN: 15OCN1 55920 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

1,000 ppm. There were no treatment- C. Aggregate Exposure 100% crop treated, and (2) using related effects on the functional 1. Dietary exposure. Pirimicarb is anticipated residue concentration levels observational battery, motor activity, registered for non-food use on seed adjusted for percent crop treated and cholinesterase and neurotoxic esterase alfalfa. The current request is to register limit of detection residues. The activities and neuropathology. The pirimicarb on endive (curly and Theoretical Maximum Residue NOAEL for subchronic neurotoxicity escarole). An acute RfD of 0.1 mg/kg/ Contribution (TMRC) and Anticipated was 1,000 ppm (approximately 81 mg/ day is proposed, based on clinical signs Residue Contribution (ARC) from these kg/day). of systemic toxicity seen at 40 mg/kg/ two scenarios represents 0.3% and 6. Chronic toxicity. In two chronic dog day in the rat acute neurotoxicity study 0.1%, respectively, of the RfD for the studies, dogs were dosed at levels up to and application of a standard 100-fold U.S. population as a whole. The 25 mg/kg/day for either 1 or 2 years. uncertainty factor to the NOAEL of 10 subgroup with the greatest chronic Pirimicarb produced hemolytic anemia mg/kg. There is no indication of exposure is children ages one to six for or related hematological changes in a sensitivity to children and infants, and which the TMRC and ARC estimates very small proportion of dogs. This therefore, no requirement for additional represented 0.4% and 0.1%, effect was shown to require prolonged FQPA safety factor. The chronic RfD is respectively of the RfD. The chronic administration of pirimicarb and was 0.035 mg/kg/day, based on dietary risks from these uses do not reversible on cessation of exposure to hematological effects noted in the exceed EPA’s level of concern. pirimicarb. It was not observed in chronic dog studies at 4 mg/kg/day and ii. Drinking water. Other potential toxicity studies in the rat and mouse. A application of a standard 100-fold sources of exposure of the general clear NOAEL of 3.5 mg/kg/day was uncertainty factor to the NOAEL of 3.5 population are residues in drinking mg/kg/day. established based on hematological water. Laboratory data on pirimicarb changes in all of the available studies. i. Food—a. Acute risk. An acute dietary (food) risk assessment (Dietary indicate that its potential soil mobility In a 2–year rat combined chronic Exposure Evaluation Model, Novigen ranges between low and very high, toxicity and oncogenicity study, Sciences Inc., 1997; USDA Continuing depending on a number of factors pirimicarb was fed for up to 2 years at Survey of Food Intake by Individuals including pH. However field dissipation 0, 75, 250, and 750 ppm. The maximum (CSFII) 1994-96) was conducted using data on both the parent and its tolerated dose was 750 ppm, with no tolerance level residues for raw metabolites indicate that under carcinogenic response over 2 years. A agricultural commodities (RACs) and agricultural conditions, degradation is NOAEL was established at 3.7 mg/kg/ average field residues with percent crop so rapid (half-lives < 21 days) that day. treated for blended commodities (apple significant leaching does not occur. In a In an 80–week mouse carcinogenicity juice and dried potatoes). Resulting 1995-96 field dissipation study 14 study, the mice were given pirimicarb at exposure values and percent of the conducted using C labeled material, 0, 6.7, 26.6, and 93.5 mg/kg/day (0, 50 acute RfD utilized are shown below: the half-life of pirimicarb was found to ppm, 200 ppm, and 700 ppm). It was average 3.1 days, and no radioactive concluded that there was an increase of ACUTE DIETARY (FOOD ONLY) residue (pirimicarb and/or metabolites) incidence of benign lung tumors in EXPOSURE AND RISK FOR PIRIMICARB of greater than 0.01 ppm was found female at the top dose of 700 ppm, only. below 6 inches in depth. This study These tumors are benign and Exposure conducted in 1995-96 confirms previous @ 99.9th laboratory and field dissipation studies. demonstrate a clear threshold for Population sub- Percentile Percent induction, leading to the conclusion group (mg/kg/ Acute RfD Pirimicarb is rapidly dissipated under that pirimicarb is not carcinogenic in day) field conditions by both photolysis and the mouse. This conclusion is further microbial metabolism leading to supported by evidence that pirimicarb is U.S. population 0.005044 5.04% significantly less persistence than non-genotoxic. A NOAEL of 26.6 mg/kg/ (48 States). Non-nursing in- 0.000252 0.25% demonstrated under conditions of day was established. fants (<1 year). laboratory soil degradation studies. This 7. Animal metabolism. Radiolabeled Children (1-6 0.003217 3.22% rapid dissipation under field conditions studies in the rat and dog have years). is independent of soil pH. Pirimicarb, demonstrated that following oral Females (13-50) ... 0.005924 5.92% therefore, does not leach and is unlikely administration, pirimicarb is well to enter surface water under the absorbed, extensively metabolized, and For pirimicarb, an acceptable acute conditions of the recommended label the metabolites are rapidly eliminated. dietary exposure (food plus water) of use patterns. 100% or less of the acute RfD for all Metabolism following a single oral dose Drinking water levels of comparison is quantitatively similar in rats and dogs population subgroups is needed to protect the safety of all population (DWLOC) were calculated for pirimicarb and there is no evidence of for adults and children for both acute bioaccumulation. subgroups. The estimated exposure for all population subgroups at the 99.9th and chronic exposures, in accordance 8. Metabolite toxicology. Pirimicarb percentile utilized less than 100% of the with EPA’s Standard Operating and the carbamate metabolites are acute RfD, and does not exceed EPA’s Procedure (SOP) for Drinking Water associated with acute effects in level of concern. Exposure and Risk Assessments cholinesterase inhibition. b. Chronic risk. Chronic dietary risk (November 20, 1997). Drinking water 9. Endocrine disruption. Pirimicarb assessments (Dietary Exposure exposure from surface and ground water shows no evidence of hormonal effects, Evaluation Model, Novigen Sciences for pirimicarb was estimated using Tier therefore there is no evidence of Inc., 1997; USDA Continuing Survey of II model EPA’s pesticide root zone endocrine disruption. There are no Food Intake by Individuals (CSFII) model (PRZM)/EXAMS and Tier I toxicity endpoints involving 1994-96) were conducted for pirimicarb model SCI-GROW, respectively. The reproductive organs in either male or using two approaches: (1) using exposure estimates and DWLOCs are female animals in any of these studies. tolerance level residues and assuming summarized below:

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.180 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55921

DRINKING WATER LEVELS OF COM- DRINKING WATER LEVELS OF COM- 2 PRZM/EXAMS based on instantaneous concentration for total carbamate residues PARISON AND ACUTE EXPOSURE ES- PARISON AND ACUTE EXPOSURE ES- (parent + metabolites) TIMATES FOR PIRIMICARB TIMATES FOR PIRIMICARBÐContin- ued Population SCI- PRZM/ Acute subgroup GROW EXAMS DWLOC SCI- PRZM/ Acute (ug/L)1 (ug/L)2 (ug/L) Population subgroup GROW EXAMS DWLOC (ug/L)1 (ug/L)2 (ug/L) Adult - U.S. 0.25 4.66 3323 population. Children ...... 0.25 4.66 968 1 SCI-GROW estimate based on highest water estimate from all crop uses.

DRINKING WATER LEVELS OF COMPARISON AND CHRONIC EXPOSURE ESTIMATES FOR PIRIMICARB

Population subgroup SCI-GROW (ug/L)1 PRZM/EXAMS (ug/L)2 Chronic DWLOC (ug/L)

Adult - U.S. population ...... 0.25 0.88 1224 Children ...... 0.25 0.88 350 1 SCI-GROW estimate based on highest water estimate from all crop uses. 2 PRZM/EXAMS based on annualized average value for total carbamate residues (parent + metabolites).

Based on the estimated dietary and additional uncertainty factors are ENVIRONMENTAL PROTECTION water exposures for pirimicarb, Zeneca necessary. AGENCY has concluded that there is a reasonable 2. Infants and children. certainty of no harm to infants, children Developmental toxicity and [OPP±181070; FRL±6389±6] and adults resulting from potential reproductive toxicity studies have not acute or chronic aggregate exposure to 1, 3 Dichloropropene; Receipt of shown fetal effects other than mild pirimicarb. Application for Emergency Exemption, fetotoxicity in the rat (reduced fetus/ 2. Non-dietary exposure. Pirimicarb is Solicitation of Public Comment litter weight and indications of delayed not registered for either indoor or AGENCY: outdoor residential uses. There are no development) at doses which were also Environmental Protection non-occupational exposures to toxic to the mother. There was no Agency (EPA). pirimicarb. Non-food uses for alfalfa evidence in these studies of any extra ACTION: Notice. grown for seed and small seeded susceptibility of the fetus. Neither has SUMMARY: EPA has received a specific vegetable seeds are occupational there been any indication of any exemption request from the State of exposures. These exposures are particular susceptibility of juvenile California Department of Pesticide represented in inhalation, oral and animals. Based on the data base, there Regulation to use the pesticide 1,3 dermal estimates contained in the acute is no reason to consider human infants dichloropropene (CAS No. 542–75–6) to toxicology summaries, as well as the and children to be inherently more at treat up to 50,000 acres of wine grapes dermal penetration studies. risk of toxicity from pirimicarb than to control Grape phylloxera and adults. D. Cumulative Effects nematodes. The Applicant proposes the FFDCA section 408 provides that EPA use of a chemical which is or has been Pirimicarb, as a carbamate insecticide, may apply an additional safety factor for the subject of a Special Review by the exerts its insecticidal effect through infants and children in the case of EPA. EPA is soliciting public comment inhibition of acetyl-cholinesterase. At threshold effects to account for prenatal before making the decision whether or this time, methodologies and and postnatal toxicity and the not to grant the exemption. mechanistic data are not available to completeness of the data base. Based on resolve this complex issue of DATES: Comments, identified by docket cumulative effects concerning common the current toxicological data control number OPP–181070, must be mechanisms of toxicity. At this time, requirements, the data base relative to received on or before November 1, 1999. there are no available data to determine prenatal and postnatal effects for ADDRESSES: Comments may be whether pirimicarb has a common children is complete. No additional submitted by mail, electronically, or in mechanism of toxicity with other FQPA safety factor is required for person. Please follow the detailed substances, or how to include this pirimicarb. instructions for each method as provided in Unit I. of the pesticide in a cumulative risk F. International Tolerances assessment. ‘‘SUPPLEMENTARY INFORMATION.’’ To ensure proper receipt by EPA, it is E. Safety Determination The CODEX maximum residue levels for pirimicarb and its carbamate imperative that you identify docket 1. U.S. population. Based on the metabolites (desmethyl and desmethyl control number OPP–181070 in the subject line on the first page of your available toxicity data, a chronic RfD is formamido pirimicarb) are: potatoes response. set for pirimicarb at 0.035 mg/kg/day. 0.05 ppm, lettuce 1.0 ppm, and apples This RfD is based on chronic dog (pome fruit) 1.0 ppm. FOR FURTHER INFORMATION CONTACT: studies with a NOAEL of 3.5 mg/kg/day Barbara Madden, Registration Division [FR Doc. 99–26971 Filed 10–14–99; 8:45 am] and an uncertainty factor of 100. The (7505C), Office of Pesticide Programs, acute RfD is 0.01 mg/kg/day, based on BILLING CODE 6560±50±F Environmental Protection Agency, 401 clinical signs of toxicity at 40 mg/kg/day M St., SW., Washington, DC 20460; in the rat acute neurotoxicity study. No telephone number: (703) 305–6463; fax

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.180 pfrm02 PsN: 15OCN1 55922 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices number: (703) 308–5433; e-mail address: physically located in the docket, as well you submit to EPA in response to this [email protected]. as the documents that are referenced in document as CBI by marking any part or SUPPLEMENTARY INFORMATION: those documents. The public version of all of that information as CBI. the official record does not include any Information so marked will not be I. General Information information claimed as CBI. The public disclosed except in accordance with A. Does this Action Apply to Me? version of the official record, which procedures set forth in 40 CFR part 2. You may be potentially affected by includes printed, paper versions of any In addition to one complete version of this action if you petition EPA for electronic comments submitted during the comment that includes any emergency exemption under section 18 an applicable comment period, is information claimed as CBI, a copy of of FIFRA. Potentially affected categories available for inspection in the Public the comment that does not contain the and entities may include, but are not Information and Records Integrity information claimed as CBI must be limited to: Branch (PIRIB), Rm. 119, Crystal Mall submitted for inclusion in the public #2, 1921 Jefferson Davis Hwy., version of the official record. Arlington, VA, from 8:30 a.m. to 4 p.m., Information not marked confidential Monday through Friday, excluding legal will be included in the public version holidays. The PIRIB telephone number Examples of poten- of the official record without prior NAICS is (703) 305–5805. notice. If you have any questions about Categories codes tially affected enti- ties C. How and to Whom Do I Submit CBI or the procedures for claiming CBI, Comments? please consult the person listed under State govern- 9241 State agencies that ‘‘FOR FURTHER INFORMATION ment petition EPA for You may submit comments through CONTACT.’’ section 18 pes- the mail, in person, or electronically. To ticide exemption ensure proper receipt by EPA, it is E. What Should I Consider as I Prepare imperative that you identify docket My Comments for EPA? This listing is not intended to be control number OPP–181070 in the You may find the following exhaustive, but rather provides a guide subject line on the first page of your suggestions helpful for preparing your for readers regarding entities likely to be response. comments: regulated by this action. Other types of By mail. Submit your comments to: 1. Explain your views as clearly as entities not listed in the table in this Public Information and Records possible. unit could also be regulated. The North Integrity Branch (PIRIB), Information 2. Describe any assumptions that you American Industrial Classification Resources and Services Division used. System (NAICS) codes have been (7502C), Office of Pesticide Programs 3. Provide copies of any technical provided to assist you and others in (OPP), Environmental Protection information and/or data you used that determining whether or not this action Agency, 401 M St., SW., Washington, support your views. applies to certain entities. To determine DC 20460. 4. If you estimate potential burden or whether you or your business is affected 2. In person or by courier. Deliver costs, explain how you arrived at the by this action, you should consult the your comments to: Public Information estimate that you provide. person listed under ‘‘FOR FURTHER and Records Integrity Branch (PIRIB), 5. Provide specific examples to INFORMATION CONTACT.’’ Information Resources and Services illustrate your concerns. B. How Can I Get Additional Division (7502C), Office of Pesticide 6. Offer alternative ways to improve Information, Including Copies of this Programs (OPP), Environmental the proposed rule or collection activity. Document and Other Related Protection Agency, Rm. 119, Crystal 7. Make sure to submit your Documents? Mall #2, 1921 Jefferson Davis Hwy., comments by the deadline in this Arlington, VA. The PIRIB is open from 1. Electronically. You may obtain document. 8:30 a.m. to 4 p.m., Monday through 8. To ensure proper receipt by EPA, electronic copies of this document, and Friday, excluding legal holidays. The certain other related documents that be sure to identify the docket control PIRIB telephone number is (703) 305– number assigned to this action in the might be available electronically, from 5805. the EPA Internet Home Page at http:// subject line on the first page of your 3. Electronically. You may submit response. You may also provide the www.epa.gov/. To access this your comments electronically by e-mail document, on the Home Page select name, date, and Federal Register to: ‘‘[email protected],’’ or you can citation. ‘‘Laws and Regulations’’ and then look submit a computer disk as described up the entry for this document under above. Do not submit any information II. Background the ‘‘Federal Register--Environmental electronically that you consider to be A. What Action is the Agency Taking? Documents.’’ You can also go directly to CBI. Avoid the use of special characters the Federal Register listings at http:// and any form of encryption. Electronic Under section 18 of the Federal www.epa.gov/fedrgstr/. submissions will be accepted in Insecticide, Fungicide, and Rodenticide 2. In person. The Agency has WordPerfect 6.1/8.0 or ASCII file Act (FIFRA) (7 U.S.C. 136p), at the established an official record for this format. All comments in electronic form discretion of the Administrator, a action under docket control number must be identified by docket control Federal or State agency may be OPP–181070. The official record number OPP–181070. Electronic exempted from any provision of FIFRA consists of the documents specifically comments may also be filed online at if the Administrator determines that referenced in this action, any public many Federal Depository Libraries. emergency conditions exist which comments received during an applicable require the exemption. The State of comment period, and other information D. How Should I Handle CBI that I Want California Department of Pesticide related to this action, including any to Submit to the Agency? Regulation has requested the information claimed as Confidential Do not submit any information Administrator to issue a specific Business Information (CBI). This official electronically that you consider to be exemption for the use of 1,3 record includes the documents that are CBI. You may claim information that dichloropropene on wine grapes to

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.181 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55923 control Grape phylloxera and List of Subjects Environmental Assessment (NCEA). The nematodes. Information in accordance Environmental protection, Pesticides URL is http://www.epa.gov/ncea/. with 40 CFR part 166 was submitted as and pests. FOR FURTHER INFORMATION CONTACT: Mr. part of this request. Dated: October 1, 1999. James Raub, National Center for As part of this request, the Applicant Environmental Assessment—RTP Office Peter Caulkins, asserts that significant damage from (MD–52), U.S. Environmental Protection Grape phylloxera and nematodes have Acting Director, Registration Division, Office Agency, Research Triangle Park, NC left growers suffering losses exceeding of Pesticide Programs. 27711; telephone: 919–541–4157; facsimile: 919–541–1818; E-mail: $1 billion over the past ten years. [FR Doc. 99–26970 Filed 10–14–99; 8:45 am] [email protected]. Growers are faced with an emergency BILLING CODE 6560±50±F because they do not have an effective SUPPLEMENTARY INFORMATION: The U.S. tool in late spring and summer to Environmental Protection Agency (EPA) control Grape phylloxera and ENVIRONMENTAL PROTECTION is updating and revising, where nematodes. Specifically, the only AGENCY appropriate, the EPA’s Air Quality Criteria for Carbon Monoxide (CO). effective means of control of phylloxera [NCEA±CD±99±1015; FRL±6458±4] and nematodes is carbofuran, which is Sections 108 and 109 of the Clean Air only available until May 1 and after Air Quality Criteria for Carbon Act require that the EPA carry out a harvest (which takes place in late fall). Monoxide (Second External Review periodic review and revision, where However, late spring and summer are Draft) appropriate, of the criteria and the critical times for control of Grape National Ambient Air Quality Standards AGENCY: Environmental Protection phylloxera and nematodes because their (NAAQS) for the ‘‘criteria’’ air Agency. pollutants such as carbon monoxide. population levels tend to significantly After the completion of the comment increase during these periods. Results of ACTION: Notice of a draft for public review and comment. period for the first external review draft, efficacy research by the University announced in the Federal Register on Extension and the manufacturer SUMMARY: The U.S. Environmental March 17, 1999 (64 FR 13198), and that indicate that 1,3 dichloropropene is a Protection Agency (EPA), National draft’s review by the Clean Air reliable effective control of Grape Center for Environmental Assessment, is Scientific Advisory Committee (CASAC) phylloxera and nematodes. today announcing the availability of a in June 1999, the EPA revised the draft The Applicant proposes to make no second external review draft of the Air Quality Criteria for Carbon more than four applications of 1,3 document, Air Quality Criteria for Monoxide. The Agency is now issuing dichloropropene, to be applied through Carbon Monoxide. Required under a second external review draft for a drip irrigation systems to 50,000 acres of sections 108 and 109 of the Clean Air thirty-day public comment period and wine grapes Statewide except in the Act, the purpose of this document is to for review before CASAC later in 1999. counties of Alameda, Amador, provide an assessment of the latest, There will be a subsequent Federal Calaveras, El Dorado, Fresno, Kern, relevant scientific information that may Register notice to inform the public of Kings, Lake, Madera, Merced, Monterey, have an impact on the next periodic the exact date and time of that CASAC Sacramento, San Benito, San Luis review of the National Ambient Air meeting. Obispo, Santa Barbara, Santa Clara, San Quality Standards (NAAQS) for carbon monoxide (CO). Dated: October 7, 1999. Joaquin, Stanislaus, Tulare, and Yolo. A William H. Farland, maximum of 8 gallons of product DATES: Anyone who wishes to comment on the draft document, Air Quality Director, National Center for Environmental (containing 8.84 lbs ai per gallon) per Assessment. Criteria for Carbon Monoxide, must acre could be applied to 50,000 acres for [FR Doc. 99–26966 Filed 10–14–99; 8:45 am] a total of 3,536,000 pounds of active submit the comments in writing no later BILLING CODE 6560±50±U ingredient applied. than November 15, 1999. Send the written comments to the Project This notice does not constitute a Manager for Carbon Monoxide, National ENVIRONMENTAL PROTECTION decision by EPA on the application Center for Environmental Assessment— AGENCY itself. The regulations governing section RTP Office (MD–52), U.S. 18 of FIFRA require publication of a Environmental Protection Agency, [FRL±6458±5] notice of receipt of an application for a Research Triangle Park, NC 27711. specific exemption proposing the use of ADDRESSES: To obtain a copy of the Air Sun Laboratories Superfund Site/ an active ingredient that is or has been Quality Criteria for Carbon Monoxide Atlanta, Georgia; Notice of Proposed subject of a Special Review. On October (Second External Review Draft) 1999, Settlement 8, 1986 (51 FR 36160) (FRL–3092–4), a EPA/600/P–99/001B, contact Ms. Diane AGENCY: Environmental Protection Federal Register notice announced the Ray at the National Center for Special Review of 1,3 dichloropropene Agency. Environmental Assessment—RTP Office ACTION: Notice of proposed settlement. based on cancer concerns for workers. (MD–52), U.S. Environmental Protection This notice provides an opportunity for Agency, Research Triangle Park, NC SUMMARY: Under Section 122(h)(1) of the public comment on the specific 27711; telephone: 1–919–541–3637; Comprehensive Environmental emergency exemption application. facsimile: 1–919–541–1818; E-mail: Response, Compensation and Liability The Agency, will review and consider [email protected]. Please provide the Act (CERCLA), the Environmental all comments received during the title and the EPA number for the Protection Agency (EPA) has proposed comment period in determining document. The document will be to settle claims for response costs at the whether to issue the emergency dispensed in CD ROM format unless the Sun Laboratories Site (Site) located in exemption requested by the State of requestor requires a paper copy. Internet Atlanta, Georgia, with Yoram Fishman. California Department of Pesticide users may download a copy from the EPA will consider public comments on Regulation. homepage for EPA’s National Center for the proposed settlement for thirty days.

VerDate 12-OCT-99 18:53 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm02 PsN: 15OCN1 55924 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

EPA may withdraw from or modify the FEDERAL COMMUNICATIONS communications industry to prepare proposed settlement should such COMMISSION their systems for the year 2000 date- rollover. Accordingly, we herein adopt comments disclose facts or [FCC 99±272] considerations which indicate the this ‘‘Year 2000 Network Stabilization proposed settlement is inappropriate, Year 2000 Network Stabilization Policy Policy Statement’’ (hereinafter the improper, or inadequate. Copies of the Statement ‘‘Policy Statement’’). We believe that by proposed settlement are available from: adopting the policies outlined in the Ms. Paula V. Batchelor, U.S. AGENCY: Federal Communications statement we will facilitate the ability of Environmental Protection Agency, Commission. all communications providers to establish stable and secure network Region IV, Program Services Branch, ACTION: Policy statement. environments necessary to continue to Waste Management Division, 61 Forsyth SUMMARY: This document states the perform meaningful Y2K tests and to Street, SW., Atlanta, Georgia 30303, Commission’s awareness of the implement appropriate Y2K solutions (404) 562–8887. potential effects on Year 2000 prior to the January 1, 2000 millennial Written comment may be submitted to compliance of regulatory actions that rollover. Mr. Greg Armstrong at the above require changes to computer systems 3. The Policy Statement conveys the address within 30 days of the date of and networks within the Commission’s intention to consider publication. telecommunications industry. The industry requests for stay of regulatory Commission states its intention to requirements, where appropriate, as a Dated: September 30, 1999. consider industry requests for waivers, precaution against potentially Franklin E. Hill, stays of regulatory requirements, and disruptive non-Year 2000-related Chief, Program Services Branch. petitions for extensions as precaution modifications and upgrades made to [FR Doc. 99–26967 Filed 10–14–99; 8:45 am] against Year 2000 conversions made by various systems and networks pursuant BILLING CODE 6560±50±U industry in preparation for the Year to the implementation requirements of 2000 rollover. Communications Act of 1934 or the DATES: Effective October 15, 1999. Commission’s rules. We will consider these requests as they relate to any of FOR FURTHER INFORMATION CONTACT: Paul the industries over which we have EQUAL EMPLOYMENT OPPORTUNITY Jackson, Office of Commissioner regulatory oversight including the COMMISSION Michael Powell, (202) 418–2203 or via wireline, wireless, radio and television the Internet at [email protected]. broadcast, cable television, satellite and Sunshine Act Meeting Further information may also be international telecommunications obtained by calling the Commission’s DATE AND TIME: industries. Tuesday, October 26, TTY number: 202–418–2989. 1999, at 9:30 a.m.–12:00 noon and 1:30 SUPPLEMENTARY INFORMATION: This is a Background p.m.–4:00 p.m. (Central Time). summary of the Commission’s FCC 99– 4. The Y2K Problem is the inability of PLACE: Harold Washington Social 272, adopted October 4, 1999, and some computers and other related Security Center, First Floor Auditorium, released October 4, 1999. This automated and intelligent systems to 600 West Madison Street, Chicago, document is available for inspection process correctly the millennial date Illinois 60661. and copying during regular business conversion that will occur on January 1, hours in the FCC Reference Information 2000. In the 1950s and 1960s, computer STATUS: The meeting will be open to the Center, Room Cy–A257, 445 12th Street, designers and programmers, in order to public. SW, Washington, DC, and is available reduce the need for expensive computer MATTERS TO BE CONSIDERED: on the FCC’s Internet site at memory and data storage, developed the www.fcc.gov/Bureaus/ convention of storing calendar year 1. Announcement of Notation Votes, EngineeringlNotices/1999/. This dates using only the last two digits for and document may also be purchased from the date year. Thus, the calendar year 2. National Origin Discrimination the Commission’s duplication 1967 was represented as ‘‘67.’’ As a Issues. contractor, International Transcription consequence, computerized systems and Note: Any matters not discussed or Service, Inc. (202) 857–3800, 1231 20th networks may erroneously assume ‘‘00’’ concluded may be carried over to a later Street, NW, Washington, DC 20036. to be ‘‘1900,’’ not ‘‘2000,’’ and thereby not function properly in the year 2000. meeting. (In addition to published notices on Summary of Policy Statement EEOC Commission meetings in the Federal In some cases, the hardware and Register the Commission also provides a 1. The Federal Communications software will continue to work, but they recorded announcement a full week in Commission (‘‘Commission’’) considers will generate and process spurious data advance on future Commission meetings). the Year 2000 (‘‘Y2K’’) Date Conversion that may not be detected for months or Please telephone (202) 663–7100 (voice) and Problem, or so-called Y2K Problem, to even years after. (202) 633–4074 (TDD) at any time for be one of the country’s most pressing 5. The Y2K Problem also has the information on these meetings. technical concerns. The Commission potential to affect billions of systems has worked deliberately and patiently to and products that make use of CONTACT PERSON FOR MORE INFORMATION: raise awareness of the Y2K Problem, microprocessors and so-called computer Frances M. Hart, Executive Officer on monitor the efforts of industry to ‘‘microchips’’. Microprocessors and (202) 663–4070. address it effectively, and facilitate the microchips can be found in a wide Dated: October 13, 1999. development of contingencies in event range of consumer products, such as of unseen disruption scenarios. toasters, washing machines, microwave Bernadette B. Wilson, 2. In this regard, we are also ovens, dishwashers and video cassette Program Analyst, Executive Secretariat. concerned with the impact any of our recorders. They are used extensively in [FR Doc. 99–27132 Filed 10–13–99; 2:56 pm] regulations may have on the efforts automobiles, trucks and other BILLING CODE 6750±06±M already undertaken by the transportation vehicles. Microprocessors

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.183 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55925 and microchips are also used providers and prominent trade prudent given the uncertainties extensively in industrial applications organizations have commenced a associated with the Year 2000 problem.’’ such as environmental and climate dialogue on the issue of network Consequently, the Division granted an control systems, manufacturing systems, protection and stabilization to minimize extension of the temporary waiver until and power distribution systems. problems associated with the Year 2000 after the network stabilization period. Microchips and microprocessors are changes. 12. Because of concerns associated used extensively in communications 9. The major communications with Y2K, the FCC’s Wireless systems. companies have generally been working Telecommunications Bureau also 6. The implications of the millennial diligently during the past several years postponed the start of its planned cycle date change problem are especially on Year 2000 remediation. Most of paging auctions from December 9, significant for the communications companies have devoted tremendous 1999 to February 24, 2000. The bureau industry because communications rely amounts of executive management specifically noted in a public notice that upon the seamless interconnection of leadership, human resource assets, it ‘‘recognizes that [wireless companies] numerous disparate networks and financial capital and technical expertise preparing their existing businesses for systems. Consider hundreds of millions on both the direct and indirect effects of the Y2K roll-over while preparing for an of users of communications services the problem. It has come to the auction could present formidable throughout the country transmit voice, Commission’s attention that, in a problems for potential bidders.’’ data and video information through a number of instances, in both private 13. We are also cognizant of the steps communications infrastructure industry and within the government, that other federal agencies have taken to composed of wireline telephone networks that were remediated, tested, address this issue. The Office of networks, cellular and personal and determined to be Year 2000- Management and Budget (‘‘OMB’’) communications systems, satellite compliant have been disrupted by the transmitted a memorandum regarding communication systems, broadcasting addition of other systems, databases, the minimization of regulatory and and cable television systems, and the and changes to networks not related to information technology requirements Internet. Many critical programs, such Year 2000. In effect, these changes that could affect Year 2000 conversion as Federal Reserve electronic fund threaten to ‘‘undo’’ Year 2000- in May 1999. In relevant part, the transfers and Medicare benefit remediation performed on networks, at memorandum counsels that Federal payments, also depend upon this a time when much work remains to be departments and agencies, to the extent ubiquitous infrastructure and, done. possible given their respective statutory consequently, could be seriously 10. Consequently, on a going-forward responsibilities, ‘‘should not establish affected if the Y2K Problem interrupts basis, the industry generally and many requirements that would have an telephone and data networking services. of the individual companies specifically adverse effect on [Year 2000] readiness, are planning on implementing a if such requirements can be delayed or Discussion network stabilization period in order to if there is an alternative that would not 7. Ensuring the health of the critical ensure the establishment of stable Year have an adverse effect.’’ communications ‘‘nervous system’’ is 2000-compliant environments. The 14. The Securities and Exchange the collective task of industry, the industry maintains that the Commission (‘‘SEC’’) has also Commission, and other interested ‘‘Commission needs to be sensitive to promulgated Year 2000-readiness stakeholders, not the least of whom are any and all rulemakings and orders guidelines. In August 1998, the SEC communications end-users. For their which would impact computer systems issued a policy statement regarding a part, the major U.S. communications and require software changes’’ and regulatory moratorium to facilitate the providers have generally worked advises the Commission ‘‘to schedule Year 2000 conversion. The SEC’s policy aggressively to remediate their various and coordinate implementation statement established a moratorium on systems and networks. The Network requirements so they do not fall within the ‘‘implementation of new [SEC] rules Reliability and Interoperability Council the months in which software code is to that require major reprogramming of (‘‘NRIC’’), a federal advisory committee remain unchanged.’’ computer systems by SEC-regulated that reports directly to the FCC, recently 11. The issue of network protection entities between June 1, 1999 and March conveyed to the Commission that the and stabilization also has specifically 31, 2000.’’ major communications companies arisen in a number of Commission reported having completed the proceedings. For instance, in Policy remediation of 98% of their networks as considering an extension of time for the 15. Given the forgoing, the of June 30, 1999. In the domestic compliance date under Section 107 of Commission establishes the following context, the NRIC assessment addresses the Communications Assistance for Law principles to facilitate the ability of all the Y2K-readiness of the country’s local Enforcement Act, the Commission took FCC-regulated entities to establish stable exchange carriers representing over 92 into account the need to avoid the Y2K and secure network environments percent of the country’s total access problem when it established a new necessary to continue to perform lines and of inter-exchange carriers compliance deadline of June 30, 2000. meaningful Y2K tests and to implement whose revenue comprised Moreover, the network stabilization appropriate Y2K solutions prior to the approximately 82 percent of the period issue was also addressed in a January 1, 2000 millennial rollover: industry total revenue for long-distance proceeding involving a request for a i. The Commission will consider, service. waiver in New York of the ten-digit where applicable, the potential effects 8. By no means does industry contend dialing requirement in the on Year 2000 remediation of regulatory that they have completed their testing Commission’s rule governing area code actions that require changes to and validation efforts. Consequently, relief. In the Commission’s Order, the computerized systems and networks NRIC represented that the current Network Services Division of the FCC’s utilized by the communications focuses of major carriers and providers Common Carrier Bureau stated that industry. remain steadfastly on testing and ‘‘[w]e share Bell Atlantic’s concern with ii. The Commission will consider contingency planning at all levels. In the Year 2000 problem, and agree that industry requests for waivers, stays of this context, the major communications its network stabilization period is regulatory requirements, and other

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.185 pfrm02 PsN: 15OCN1 55926 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices related petitions for extensions, where Management and Budget (OMB) a auditors. The FDIC is now preparing to appropriate, as a precaution against request for OMB review and approval of ask OMB to approve revising the potentially disruptive non-Year 2000- the information collection system collection to cover financial institutions related modifications and upgrades described below. with assets less than $500 million on a made to various systems and networks Type of Review: Revision of a voluntary basis. The information pursuant to the implementation currently approved collection. collected will be used to facilitate early requirements of Communications Act of Title: External Auditing. identification of problems in financial 1934 or the Commission’s rules. OMB Number: 3064–0113. management at financial institutions. iii. The Commission reserves the Estimate of Annual Burden: Federal Deposit Insurance Corporation. express right to implement new rules Insured Institutions with assets of Dated: October 12, 1999. and regulations, where such rulemaking $500 million or more (already approved is necessary or required to protect the by OMB). Robert E. Feldman, public interest in response to statutory Number of Respondents: 420. Executive Secretary. implementation requirements, Number of Responses per [FR Doc. 99–27010 Filed 10–14–99; 8:45 am] emergency conditions or special Respondent: 3. BILLING CODE 6714±01±P circumstances that may arise in the days Total Annual Responses: 1,260. remaining prior to the millennial date Hours per Response: 32. roll-over. To reiterate, however, the Total Annual Burden Hours: FEDERAL HOUSING FINANCE BOARD Commission will be sensitive to 40,320. [No. 99±N±14] individual waiver requests or, in the Insured Institutions with assets less alternative, act on its own motion to than $500 million (proposed revision to Federal Home Loan Bank Members stay rules during this short period of be submitted to OMB). Selected for Community Support time. Number of Respondents: 5,478. Review iv. The Commission does not propose Number of Responses per to establish a regulatory moratorium Respondent: 3. AGENCY: Federal Housing Finance period in which all regulatory actions Total Annual Responses: 16,434. Board. that may affect communication systems Hours per Response: 1/4 hour for ACTION: Notice. or equipment are suspended. We do not the recordkeeping response, 1/4 hour for believe that such sweeping action is the first reporting response, and 1/4 SUMMARY: The Federal Housing Finance necessary to stabilize the industry’s hour for the second reporting response Board (Finance Board) is announcing remedial efforts or to protect the x 5,478 Respondents. the Federal Home Loan Bank (FHLBank) interests of the public. Total Annual Burden: 1,370 members it has selected for the 1998–99 seventh quarter review cycle under the Conclusion recordkeeping and 2,740 reporting = 4,110 hours. Finance Board’s community support 16. We reiterate that the Commission Expiration Date of Current OMB requirement regulation. This notice also cautions parties against attempting to Clearance: November 30, 2000. prescribes the deadline by which use our network stabilization policy to OMB: Alexander T. Hunt, (202) 395– FHLBank members selected for review ‘‘forestall’’ or ‘‘roll back’’ disfavored 7860, Office of Management and Budget, must submit Community Support regulations, or to use this policy for Office of Information and Regulatory Statements to the Finance Board. purposes of competitive advantage. This Affairs, Washington, DC 20503. DATES: FHLBank members selected for policy is intended solely to address the FDIC: Steven F. Hanft (202) 898–3907, the 1998–99 seventh quarter review unique circumstances and challenges Office of the Executive Secretary, Room cycle under the Finance Board’s presented by the Year 2000 Problem. F–4062, Federal Deposit Insurance community support requirement Federal Communications Commission. Corporation, 550 17th Street NW, regulation must submit completed Magalie Roman Salas, Washington, DC 20429. Community Support Statements to the Secretary. Comments: Comments on this Finance Board on or before November [FR Doc. 99–26962 Filed 10–14–99; 8:45 am] collection of information are welcome 29, 1999. BILLING CODE 6712±01±P and should be submitted on or before ADDRESSES: FHLBank members selected November 15, 1999 to both the OMB for the 1998–99 seventh quarter review reviewer and the FDIC contact listed cycle under the Finance Board’s FEDERAL DEPOSIT INSURANCE above. community support requirement CORPORATION ADDRESSES: Information about this regulation must submit completed submission, including copies of the Community Support Statements to the Agency Information Collection proposed collection of information, may Finance Board either by regular mail: Activities: Submission for OMB be obtained by calling or writing the Office of Policy, Research and Analysis, Review; Comment Request FDIC contact listed above. Program Assistance Division, Federal Housing Finance Board, 1777 F Street, AGENCY: Federal Deposit Insurance SUPPLEMENTARY INFORMATION: The Corporation (FDIC). FDIC’s regulations at 12 CFR 363 NW, Washington, DC 20006; or by electronic mail: ACTION: establish annual independent audit and Notice of information collection [email protected]. to be submitted to OMB for review and reporting requirements for financial approval under the Paperwork institutions with assets of $500 million FOR FURTHER INFORMATION CONTACT: Reduction Act of 1995. or more. The requirements, which have Amy R. Maxwell, Housing Finance been approved by OMB under control Officer, Office of Policy, Research and SUMMARY: In accordance with number 3064–0113, include an annual Analysis, Program Assistance Division, requirements of the Paperwork report on their financial statements, at 202/408–2882; at the following Reduction Act of 1995 (44 U.S.C. 3501 recordkeeping about management electronic mail address: et seq.), the FDIC hereby gives notice deliberations regarding external [email protected]; or at the that it plans to submit to the Office of auditing and reports about changes in Federal Housing Finance Board, 1777 F

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.186 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55927

Street, NW, Washington, DC 20006. A standards a FHLBank member must community support performance of the telecommunications device for deaf meet in order to maintain access to long- member. persons (TDD) is available at 202/408– term advances, and review criteria the Each FHLBank member selected for 2579. Finance Board must apply in evaluating review must complete a Community SUPPLEMENTARY INFORMATION: a member’s community support Support Statement and submit it to the performance. See 12 part 936. The Finance Board by the November 29, I. Selection for Community Support regulation includes standards and 1999 deadline prescribed in this notice. Review criteria for the two statutory factors— 12 CFR 936.2(b)(1)(ii), (c). On or before Section 10(g)(1) of the Federal Home CRA performance and record of lending October 30, 1999, each FHLBank will Loan Bank Act (Bank Act) requires the to first-time homebuyers. 12 CFR 936.3. notify the members in its district that Finance Board to promulgate Only members subject to the CRA must have been selected for the 1998–99 regulations establishing standards of meet the CRA standard. 12 CFR seventh quarter community support community investment or service that 936.3(b). All members, including those review cycle that they must complete FHLBank members must meet in order not subject to CRA, must meet the first- and submit to the Finance Board by the to maintain access to long-term time homebuyer standard. 12 CFR deadline a Community Support advances. See 12 U.S.C. 1430(g)(1). The 936.3(c). Statement. 12 CFR 936.2(b)(2)(i). The regulations promulgated by the Finance Under the rule, the Finance Board member’s FHLBank will provide a blank Board must take into account factors selects approximately one-eighth of the Community Support Statement Form, such as the FHLBank member’s members in each FHLBank district for which also is available on the Finance performance under the Community community support review each Board’s web site: WWW.FHFB.GOV. Reinvestment Act of 1977 (CRA), 12 calendar quarter. 12 CFR 936.2(a). The Upon request, the member’s FHLBank U.S.C. 2901 et seq., and record of Finance Board will not review an also will provide assistance in lending to first-time homebuyers. See 12 institution’s community support completing the Community Support U.S.C. 1430(g)(2). Pursuant to the performance until it has been a Statement. requirements of section 10(g) of the FHLBank member for at least one year. The Finance Board has selected the Bank Act, the Finance Board has Selection for review is not, nor should following members for the 1998–99 promulgated a community support it be construed as, any indication of seventh quarter community support requirements regulation that establishes either the financial condition or the review cycle:

Federal Home Loan Bank of BostonÐDistrict 1

American Savings Bank ...... New Britain ...... CT Eastern Savings and Loan Association ...... Norwich ...... CT Putnam Savings Bank ...... Putnam ...... CT Belmont Savings Bank ...... Belmont ...... MA The Lenox National Bank ...... Lenox ...... MA Butler BankÐA Cooperative Bank ...... Lowell ...... MA Enterprise Bank and Trust Company ...... Lowell ...... MA Northmark Bank ...... North Andover ...... MA RTN Federal Credit Union ...... Waltham ...... MA Westborough Savings Bank ...... Westborough ...... MA Commerce Bank and Trust Company ...... Worcester ...... MA Merrill Merchants Bank ...... Bangor ...... ME Union Trust Company ...... Ellsworth ...... ME Fraser Employees Federal Credit Union ...... Medawaska ...... ME Norway Savings Bank ...... Norway ...... ME University of Maine Credit Union ...... Orono ...... ME Infinity Federal Credit Union ...... Portland ...... ME Maine Bank and Trust ...... Portland ...... ME Bank of New Hampshire ...... Manchester ...... NH Seaboard Federal Credit Union ...... Pawtucket ...... RI New England Federal Credit Union ...... Williston ...... VT

Federal Home Loan Bank of New YorkÐDistrict 2

Cloverbank ...... Deptford ...... NJ Medical Inter-Insurance Exchange ...... Lawrenceville ...... NJ Millville Savings and Loan Association ...... Millville ...... NJ Cenlar Federal Savings Bank ...... Trenton ...... NJ Hamilton Savings Bank ...... Union City ...... NJ Llewellyn-Edison Savings Bank, F.S.B ...... West Orange ...... NJ State Employees Federal Credit Union ...... Albany ...... NY Cortland Savings Bank ...... Cortland ...... NY Flushing Savings Bank, F.S.B ...... Flushing ...... NY Gouverneur Savings and Loan Association ...... Gouverneur ...... NY WCTA Federal Credit Union ...... Sodus ...... NY Power Federal Credit Union ...... Syracuse ...... NY Homestead Savings, F.A ...... Utica ...... NY Wyoming County Bank ...... Warsaw ...... NY Community Mutual Savings Bank ...... White Plains ...... NY Hudson Valley Bank ...... Yonkers ...... NY FirstbankÐPuerto Rico ...... Santurce ...... PR

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.211 pfrm02 PsN: 15OCN1 55928 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Federal Home Loan Bank of PittsburghÐDistrict 3

Delaware Savings Bank ...... Wilmington ...... DE Wilmington Trust FSB ...... Wilmington ...... DE First Columbia Bank & Trust Company ...... Bloomsburg ...... PA Fiidelity S&LA of Bucks County ...... Bristol ...... PA Citizens Savings Association ...... Clarks Summit ...... PA CSB Bank ...... Curwensville ...... PA Fidelity Deposit and Discount Bank ...... Dunmore ...... PA Lafayette Bank ...... Easton ...... PA First National Bank in Fleetwood ...... Fleetwood ...... PA Glen Rock State Bank ...... Glen Rock ...... PA Swineford National Bank ...... Hummels Wharf ...... PA S&T Bank ...... Indiana ...... PA Jonestown Bank and Trust Company ...... Jonestown ...... PA Commercial National Bank of Westmoreland Co ...... Latrobe ...... PA Farmers First Bank ...... Lititz ...... PA Members First Federal Credit Union ...... Mechanicsburg ...... PA First National Bank of Mercersburg ...... Mercersburg ...... PA Juniata Valley Bank ...... Mifflintown ...... PA Mid Penn Bank ...... Millersburg ...... PA Three Rivers Bank and Trust Company ...... Monroeville ...... PA United Federal Credit Union ...... Nanty Glo ...... PA Royal Bank of Pennsylvania ...... Narbeth ...... PA Atlantic Employees Federal Credit Union ...... Newtown Square ...... PA Peoples Bank of Oxford ...... Oxford ...... PA Port Richmond Savings ...... Philadelphia ...... PA Dwelling House Savings and Loan Association ...... Pittsburgh ...... PA First Pennsylvania Savings Association ...... Pittsburgh ...... PA Stanton Federal Savings Bank ...... Pittsburgh ...... PA Union Bank and Trust Company ...... Pottsville ...... PA Woodlands Bank ...... South Williamsport ...... PA Citadel Federal Credit Union ...... Thorndale ...... PA Turbotville National Bank ...... Turbotville ...... PA Merck, Sharp & Dohme Federal Credit Union ...... West Point ...... PA Greenbrier Valley National Bank ...... Lewisburg ...... WV First Community Bank, Inc ...... Princeton ...... WV Jefferson Security Bank ...... Shepherdstown ...... WV One Valley Bank of Summersville Inc ...... Summersville ...... WV Steel Works Community Federal Credit Union ...... Weirton ...... WV

Federal Home Loan Bank of AtlantaÐDistrict 4

Compass Bank (Alabama and Florida) ...... Birmingham ...... AL National Bank of Commerce of Birmingham ...... Birmingham ...... AL First National Bank of Shelby County ...... Columbiana ...... AL Bank of Dadeville ...... Dadeville ...... AL The Peoples Bank of Coffee County ...... Elba ...... AL First Southern Bank ...... Florence ...... AL Citizens Bank and Savings Company ...... Russellville ...... AL Troy Bank and Trust Company ...... Troy ...... AL Security Bank ...... Tuscaloosa ...... AL State Bank and Trust ...... Winfield ...... AL Crestar Bank ...... Washington ...... DC IDBÐIIC Federal Credit Union ...... Washington ...... DC United States Senate Federal Credit Union ...... Washington ...... DC First Federal Savings Bank of the Glades ...... Clewiston ...... FL Merchants and Southern Bank ...... Gainesville ...... FL Gibraltar Bank FSB ...... Hialeah ...... FL Community Savings, F.A...... North Palm Beach ...... FL Ocala National Bank ...... Ocala ...... FL U.S. Trust Company of Florida Savings Bank ...... Palm Beach ...... FL J.P. Morgan Florida Federal Savings Bank ...... Palm Way ...... FL Bankers Insurance Company ...... St. Petersburg ...... FL First Bank of Tallahassee ...... Tallahassee ...... FL Suncoast Schools Federal Credit Union ...... Tampa ...... FL Citrus Bank, N.A...... Vero Beach ...... FL SunTrust Bank, Mid-Florida, N.A...... Winter Haven ...... FL SunTrust Bank, South Georgia, N.A...... Albany ...... FL CDC Federal Credit Union ...... Atlanta ...... GA Bank of Camilla ...... Camilla ...... GA Rabun County Bank ...... Clayton ...... GA First State Bank of Donaldsonville ...... Donaldsonville ...... GA Bank of Dodge County ...... Eastman ...... GA Lanier National Bank ...... Gainesville ...... GA The Gordon Bank ...... Gordon ...... GA

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.212 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55929

Planters Bank ...... Hawkinsville ...... GA Bank of Hartwell ...... Lavonia ...... GA Georgia State Bank ...... Mableton ...... GA First South Bank ...... Macon ...... GA SunTrust Bank, Middle Georgia, N.A...... Macon ...... GA The United Banking Company ...... Nashville ...... GA Pelham Banking Company ...... Pelham ...... GA The Bank of Perry ...... Perry ...... GA United Bank and Trust Company ...... Rockmart ...... GA AmeriBank, N.A...... Savannah ...... GA The Savannah Bank, N.A...... Savannah ...... GA Citizens Community Bank ...... Valdosta ...... GA Park Avenue Bank ...... Valdosta ...... GA Citizens Bank ...... Vienna ...... GA Oconee State Bank ...... Watkinsville ...... GA Atlantic Coast Federal Credit Union ...... Waycross ...... GA The Patterson Bank ...... Waycross ...... GA Waycross Bank and Trust ...... Waycross ...... GA First National Bank of Waynesboro ...... Waynesboro ...... GA First National Bank ...... West Point ...... GA Bradford Federal Savings Bank ...... Baltimore ...... MD First Mariner Bank ...... Baltimore ...... MD Fullerton Federal Savings Association ...... Baltimore ...... MD Johns Hopkins Federal Credit Union ...... Baltimore ...... MD Kosciuszko Federal Savings Bank ...... Baltimore ...... MD Midstate Federal Savings and Loan Association ...... Baltimore ...... MD Centreville National Bank of Maryland ...... Centreville ...... MD Columbia Bank ...... Columbia ...... MD County Banking and Trust Company ...... Elkton ...... MD Bank of Glen Burnie ...... Glen Burnie ...... MD Farmers and Merchants Bank and Trust ...... Hagerstown ...... MD Sandy Spring National Bank of Maryland ...... Olney ...... MD BUCS Federal Credit Union ...... Owings Mill ...... MD Cedar Point Federal Credit Union ...... Patuxent River ...... MD Peninsula Bank ...... Salisbury ...... MD Sparks State Bank ...... Sparks ...... MD Prince Georges Federal Savings Bank ...... Upper Marlboro ...... MD Union National Bank ...... Westminster ...... MD Carroll County Bank and Trust Company ...... Westminster ...... MD Belmont Federal Savings and Loan Association ...... Belmont ...... NC Black Mountain Savings Bank, SSB ...... Black Mountain ...... NC Morganton Federal Savings and Loan ...... Morganton ...... NC Coastal Federal Credit Union ...... Raleigh ...... NC Security Savings Bank, SSB ...... Southport ...... NC Bank of North Carolina ...... Thomasville ...... NC Chesnee State Bank ...... Chesnee ...... SC M.S. Bailey & Son, Bankers ...... Clinton ...... SC Clover Community Bank ...... Clover ...... SC Peoples National Bank ...... Easley ...... SC Carolina First Bank ...... Greenville ...... SC Lighthouse Community Bank ...... Hilton Head ...... SC Williamsburg First National Bank ...... Kingstree ...... SC The Anchor Bank ...... Myrtle Beach ...... SC Arthur State Bank ...... Union ...... SC Provident Community Bank ...... Union ...... SC Woodruff State Bank ...... Woodruff ...... SC Union Bank & Trust Company ...... Bowling Green ...... VA First National Bank ...... Christiansburg ...... VA National Bank of Fredericksburg ...... Fredericksburg ...... VA F & M BankÐMassanutten ...... Harrisonburg ...... VA Bank of McKenny ...... McKenny ...... VA First Savings Bank of Virginia ...... Springfield ...... VA Greater Atlantic Savings Bank, F.S.B...... Vienna ...... VA Southern Financial Bank ...... Warrenton ...... VA

Federal Home Loan Bank of CincinnatiÐDistrict 5

Union National Bank and Trust Company ...... Barbourville ...... KY Bank of Benton ...... Benton ...... KY Trigg County Farmers Bank ...... Cadiz ...... KY Taylor County Bank ...... Campbellsville ...... KY First Federal Savings Bank ...... Elizabethtown ...... KY City National Bank ...... Fulton ...... KY Commonwealth Community Bank ...... Hartford ...... KY The Citizens Bank ...... Hickman ...... KY First State Bank ...... Irvington ...... KY

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.212 pfrm02 PsN: 15OCN1 55930 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

First Federal Savings & Loan of Lexington ...... Lexington ...... KY The Progressive Bank ...... Lexington ...... KY Traditional Bank, FSB ...... Lexington ...... KY Whitaker Bank N.A...... Lexington ...... KY Cumberland Valley National Bank & Trust Co...... London ...... KY Inez Deposit Bank ...... Louisa ...... KY First National Bank of Manchester ...... Manchester ...... KY Green River Bank ...... Morgantown ...... KY Citizens Bank ...... New Liberty ...... KY Citizens National Bank ...... Paintsville ...... KY West Point Bank ...... Radcliff ...... KY Sebree Deposit Bank ...... Sebree ...... KY Shelby County Trust Bank ...... Shelbyville ...... KY The Peoples Bank ...... Taylorsville ...... KY United Bank and Trust Company ...... Versailles ...... KY Farmers & Merchants State Bank ...... Archbold ...... OH Citizens Bank of Ashville ...... Ashville ...... OH The Caldwell Savings and Loan Company ...... Caldwell ...... OH CINCO Federal Credit Union ...... Cincinnati ...... OH Century Federal Credit Union ...... Cleveland ...... OH Pioneer Savings Bank ...... Cleveland ...... OH Clyde-Findley Area Credit Union ...... Clyde ...... OH Citizens Bank of Delphos ...... Delphos ...... OH First FS&LA of Delta ...... Delta ...... OH Ohio Central Savings ...... Dublin ...... OH Croghan Colonial Bank ...... Fremont ...... OH First Service Federal Credit Union ...... Groveport ...... OH Killbuck Saving Bank Company ...... Killbuck ...... OH OC Federal Credit Union ...... Maumee ...... OH Old Fort Banking Company ...... Old Fort ...... OH Cornerstone Bank ...... Springfield ...... OH Glass City Federal Credit Union ...... Toledo ...... OH Peoples Savings Bank of Troy ...... Troy ...... OH First National Bank of Wellston ...... Wellston ...... OH Metropolitan National Bank ...... Youngstown ...... OH INSOUTH Bank ...... Brownsville ...... TN First Federal Savings Bank ...... Clarksville ...... TN The Bank/First Citizens Bank ...... Cleveland ...... TN Peoples Bank ...... Clifton ...... TN Bank of Dickson ...... Dickson ...... TN The Home Bank of Tennessee ...... Ducktown ...... TN Security Bank ...... Dyersburg ...... TN Greeneville Federal Bank ...... Greeneville ...... TN Citizens Bank ...... Hartsville ...... TN Citizens Bank of Blount County ...... Maryville ...... TN NBC±FSB, Knoxville ...... Memphis ...... TN National Bank of Commerce ...... Memphis ...... TN First Bank and Trust ...... Mt. Juliet ...... TN First American National Bank ...... Nashville ...... TN ORNL Federal Credit Union ...... Oak Ridge ...... TN Bank of Sharon ...... Sharon ...... TN Merchants and Planters Bank ...... Toone ...... TN AEDC Federal Credit Union ...... Tullahoma ...... TN First State Bank ...... Union City ...... TN

Federal Home Loan Bank of IndianapolisÐDistrict 6

Star Financial Bank ...... Anderson ...... IN First Community Bank and Trust ...... Bargersville ...... IN Hendricks County Bank and Trust Company ...... Brownsburg ...... IN First Farmers Bank and Trust ...... Converse ...... IN Bank of Western Indiana ...... Covington ...... IN First National Bank of Dana ...... Dana ...... IN Permanent Federal Savings Bank ...... Evansville ...... IN Norwest Bank Indiana, NA ...... Fort Wayne ...... IN Professional Federal Credit Union ...... Fort Wayne ...... IN Garrett State Bank ...... Garrett ...... IN Griffith Savings Bank ...... Griffith ...... IN Eli Lilly Federal Credit Union ...... Indianapolis ...... IN Indiana Members Credit Union ...... Indianapolis ...... IN First National Bank ...... Kokomo ...... IN Dearborn Savings Association, F.A ...... Lawrenceburg ...... IN Farmers State Bank ...... Mentone ...... IN North Salem State Bank ...... North Salem ...... IN Ripley County Bank ...... Osgood ...... IN Tri-County Bank & Trust Company ...... Roachdale ...... IN

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.212 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55931

Central Bank ...... Russiaville ...... IN Teachers Credit Union ...... South Bend ...... IN AmBank Indiana ...... Vincennes ...... IN Bank of Lenawee ...... Adrian ...... MI Republic Bank ...... Ann Arbor ...... MI University Bank ...... Ann Arbor ...... MI Blissfield State Bank ...... Blissfield ...... MI Byron Center State Bank ...... Byron Center ...... MI CSB Bank ...... Capac ...... MI Independent Bank of East Michigan ...... Caro ...... MI Exchange State Bank ...... Carsonville ...... MI First National Bank and Trust ...... Crystal Falls ...... MI State Savings Bank ...... Frankfort ...... MI First National Bank of Gaylord ...... Gaylord ...... MI First of America Bank, N.A ...... Grand Rapids ...... MI First Community Bank ...... Harbor Springs ...... MI MFC First National Bank ...... Ironwood ...... MI G.W. Jones Exchange Bank ...... Marcellus ...... MI Shelby State Bank ...... Shelby ...... MI Choice One Bank ...... Sparta ...... MI Midwest Guaranty Bank ...... Troy ...... MI

Federal Home Loan Bank of ChicagoÐDistrict 7

State Bank of the Lakes ...... Antioch ...... IL Aurora National Bank ...... Aurora ...... IL First National Bank of Ava ...... Ava ...... IL Farmers State Bank of Buffalo ...... Buffalo ...... IL TCF National Bank Illinois ...... Burr Ridge ...... IL American Union Savings and Loan Association ...... Chicago ...... IL Cole Taylor Bank ...... Chicago ...... IL First Bank of the Americas, S.S.B...... Chicago ...... IL First East Side Savings Bank ...... Chicago ...... IL International Bank of Chicago ...... Chicago ...... IL LaSalle Bank FSB ...... Chicago ...... IL LaSalle National Bank ...... Chicago ...... IL Park Federal Savings Bank ...... Chicago ...... IL Selfreliance Ukranian Federal Credit Union ...... Chicago ...... IL The PrivateBank and Trust Company ...... Chicago ...... IL First National Bank ...... Chicago Heights ...... IL Cissna Park State Bank ...... Cissna Park ...... IL GreatBank, N.A ...... Evanston ...... IL The People's National Bank of McLeansboro ...... Fairfield ...... IL National Bank ...... Hillsboro ...... IL Farmers State Bank of Hoffman ...... Hoffman ...... IL Community Trust Bank ...... Irvington ...... IL Advance Bank, s.b ...... Lansing ...... IL First Midwest Bank N.A ...... Moline ...... IL Midwest Bank of Southern Illinois ...... Monmouth ...... IL Bank of Illinois in Normal ...... Normal ...... IL Hemlock Federal Bank ...... Oak Forest ...... IL Community Bank & Trust, NA ...... Olney ...... IL Palos Bank and Trust Company ...... Palos Heights ...... IL Citizens Equity Federal Credit Union ...... Peoria ...... IL Pontiac National Bank ...... Pontiac ...... IL First Bankers Trust Company, N.A ...... Quincy ...... IL Banco Popular ...... River Grove ...... IL AMCORE Bank N.A. Rockford ...... Rockford ...... IL The First National Bank in Toledo ...... Toledo ...... IL Busey Bank ...... Urbana ...... IL Household Bank, f.s.b ...... Wood Dale ...... IL Fox Communities Credit Union ...... Appleton ...... WI First National Bank and Trust Company ...... Beloit ...... WI Citizens State Bank ...... Cadott ...... WI Bank of Buffalo ...... Cochrane ...... WI Denmark State Bank ...... Denmark ...... WI Security National Bank of Durand ...... Durand ...... WI Union Bank and Trust Company ...... Evansville ...... WI 1st Security Credit Union ...... Green Bay ...... WI Mitchell Savings Bank ...... Greenfield ...... WI Johnson Bank Hayward ...... Hayward ...... WI State Bank of Howards Grove ...... Howards Grove ...... WI State Bank of La Crosse ...... La Crosse ...... WI Trane Federal Credit Union ...... La Crosse ...... WI Capitol Bank ...... Madison ...... WI The Park Bank ...... Madison ...... WI

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.212 pfrm02 PsN: 15OCN1 55932 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Marion State Bank ...... Marion ...... WI Bay View Federal Savings & Loan Association ...... Milwaukee ...... WI TCF National Bank Wisconsin ...... Milwaukee ...... WI Farmers Savings Bank ...... Mineral Point ...... WI Bank of Mondovi ...... Mondovi ...... WI The Necedah Bank ...... Necedah ...... WI Farmers Exchange Bank of Neshkoro ...... Neshkoro ...... WI Associated Bank Portage, NA ...... Portage ...... WI Hometown Bank ...... St. Cloud ...... WI Community State Bank ...... Union Grove ...... WI American Community Bank ...... Wausau ...... WI Associated Bank North ...... Wausau ...... WI

Federal Home Loan Bank of Des MoinesÐDistrict 8

Union National Bank ...... Anita ...... IA Quad City Bank and Trust ...... Bettendorf ...... IA Exchange State Bank ...... Collins ...... IA Mercantile Bank of Midwest ...... Des Moines ...... IA Security Savings Bank ...... Eagle Grove ...... IA Iowa State Bank and Trust Company ...... Fairfield ...... IA First Bank and Trust Company ...... Glidden ...... IA American National Bank ...... Holstein ...... IA Home State Bank ...... Jefferson ...... IA Security Savings Bank ...... Larchwood ...... IA Farmers & Merchants Savings Bank ...... Manchester ...... IA Tama State Bank ...... Marshalltown ...... IA First Citizens National Bank ...... Mason City ...... IA Northwoods State Bank ...... Mason City ...... IA First Iowa Bank ...... Monticello ...... IA Farmers Savings Bank ...... Oskaloosa ...... IA Pilot Grove Savings Bank ...... Pilot Grove ...... IA Frontier Bank ...... Rock Rapids ...... IA Alliance Bank ...... Rockwell City ...... IA Citizens State Bank ...... Sheldon ...... IA First National Bank ...... Shenandoah ...... IA Morningside Bank & Trust ...... Sioux City ...... IA Cedar Valley State Bank ...... St. Ansgar ...... IA First American Bank ...... Webster City ...... IA First Bank ...... West Des Moines ...... IA NCMIC Insurance Company ...... West Des Moines ...... IA Peoples State Bank ...... Winthrop ...... IA Security Bank Minnesota ...... Albert Lea ...... MN First Security Bank ...... Byron ...... MN Miners National Bank of Eveleth ...... Eveleth ...... MN American Bank of the North ...... Grand Rapids ...... MN National City Bank of Minneapolis ...... Minneapolis ...... MN State Bank of Young America ...... Norwood ...... MN Peoples State Bank of Plainview ...... Plainview ...... MN United Prairie Bank-Slayton ...... Slayton ...... MN First Security State Bank ...... Sleepy Eye ...... MN Cherokee State Bank of St. Paul ...... St. Paul ...... MN The First National Bank in Wadena ...... Wadena ...... MN Wadena State Bank ...... Wadena ...... MN Polk County Bank ...... Bolivar ...... MO First Security State Bank ...... Charleston ...... MO Peoples Bank ...... Cuba ...... MO Century Bank of the Ozarks ...... Gainesville ...... MO The Hamilton Bank ...... Hamilton ...... MO Farmers and Merchants Bank ...... Hannibal ...... MO City National Savings Bank, FSB ...... Jefferson City ...... MO Premier Bank ...... Jefferson City ...... MO B&L Bank ...... Lexington ...... MO First Bank, CBC ...... Maryville ...... MO Bank of Minden ...... Mindenmines ...... MO Bank of Cairo and Moberly ...... Moberly ...... MO St. Clair County State Bank ...... Osceola ...... MO Platte Valley Bank of Missouri ...... Platte City ...... MO Farmers State Bank of Northern Missouri ...... Savannah ...... MO Central Bank of Missouri ...... Sedalia ...... MO Great Southern Bank, FSB ...... Springfield ...... MO Equality Savings Bank ...... St. Louis ...... MO Ramsey Bank, F.S.B ...... Cando ...... ND Gate City Federal Savings Bank ...... Fargo ...... ND State Bank of Alcester ...... Alcester ...... SD First Madison Bank ...... Madison ...... SD

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.212 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55933

Federal Home Loan Bank of DallasÐDistrict 9

First National Bank of Izard County ...... Calico Rock ...... AR Bank of Elkins ...... Elkins ...... AR First Federal Bank, F.A ...... Harrison ...... AR Simmons First Bank of Jonesboro ...... Jonesboro ...... AR Central Bank and Trust ...... Little Rock ...... AR Mercantile Bank of Arkansas ...... Little Rock ...... AR Simmons First Bank of Russellville ...... Russellville ...... AR Warren Bank and Trust ...... Warren ...... AR Security First National Bank ...... Alexandria ...... LA Mississippi River Bank ...... Belle Chasse ...... LA Citizens Savings Bank ...... Bogalusa ...... LA Homeland Federal Savings Bank ...... Columbia ...... LA Vermilion Bank and Trust Company ...... Kaplan ...... LA Peoples State Bank ...... Many ...... LA City Bank and Trust Company ...... Natchitoches ...... LA Bradford National Life Insurance Company ...... New Orleans ...... LA First Bank and Trust ...... New Orleans ...... LA First Federal Savings and Loan Association ...... Opelousas ...... LA ANECA Federal Credit Union ...... Shreveport ...... LA Federal Savings Bank of Evangeline Parish ...... Ville Platte ...... LA Bank of Anguilla ...... Anguilla ...... MS Guaranty Bank & Trust Company ...... Belzoni ...... MS The Carthage Bank ...... Carthage ...... MS First National Bank ...... Clarksdale ...... MS Bank of Forest ...... Forest ...... MS Hancock Bank ...... Gulfport ...... MS Merchants and Farmers Bank ...... Kosciusko ...... MS Citizens State Bank ...... Magee ...... MS First National Bank of Picayune ...... Picayune ...... MS The Peoples Bank ...... Ripley ...... MS First National Bank in Alamogordo ...... Alamogordo ...... NM New Mexico Educators Federal Credit Union ...... Albuquerque ...... NM Ranchers Bank ...... Belen ...... NM FirstBank ...... Clovis ...... NM White Sands Federal Credit Union ...... Las Cruces ...... NM First State Bank of Taos ...... Taos ...... NM University Federal Credit Union ...... Austin ...... TX Citizens National Bank ...... Brownwood ...... TX Columbus State Bank ...... Columbus ...... TX Lone Star Bank ...... Dallas ...... TX Share Plus Federal Credit Union ...... Dallas ...... TX Texas Community Bank and Trust ...... Dallas ...... TX First Federal Savings Bank of North Texas ...... Denton ...... TX First National Bank of Ennis ...... Ennis ...... TX Millers Mutual Fire Insurance Company ...... Fort Worth ...... TX Graham Savings and Loan, F.A ...... Graham ...... TX Bank United ...... Houston ...... TX PT&T Federal Credit Union ...... Houston ...... TX Jacksonville Savings Bank, ssb ...... Jacksonville ...... TX American State Bank ...... Lubbock ...... TX Marble Falls National Bank ...... Marble Falls ...... TX First Bank and Trust of Memphis ...... Memphis ...... TX Liberty National Bank in Paris ...... Paris ...... TX Security State Bank ...... Pearsall ...... TX Hale County State Bank ...... Plainview ...... TX First International Bank ...... Plano ...... TX Legacy Bank of Texas ...... Plano ...... TX The Farmers National Bank ...... Rule ...... TX CaminoReal Bank, N.A ...... San Antonio ...... TX First National Bank of San Benito ...... San Benito ...... TX Texas Savings Bank, s.s.b ...... Snyder ...... TX Mainland Bank ...... Texas City ...... TX First Bank of Texas ...... Tomball ...... TX The First National Bank of Van Alstyne ...... Van Alstyne ...... TX Herring National Bank of Vernon ...... Vernon ...... TX Community Bank ...... Wellington ...... TX

Federal Home Loan Bank of TopekaÐDistrict 10

MegaBank of Arapahoe ...... Englewood ...... CO Bank of Colorado ...... Fort Lupton ...... CO Alpine Bank ...... Glenwood Springs ...... CO First Western National Bank ...... La Jara ...... CO First National Bank of Las Animas ...... Las Animas ...... CO

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.212 pfrm02 PsN: 15OCN1 55934 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

FirstBank of Arapahoe County, N.A ...... Littleton ...... CO Mancos Valley Bank ...... Mancos ...... CO The Pueblo Bank and Trust Company ...... Pueblo ...... CO The Salida Building and Loan Association ...... Salida ...... CO Community National Bank ...... Chanute ...... KS Fidelity State Bank and Trust Company ...... Dodge City ...... KS First State Bank ...... Edna ...... KS Armed Forces Bank ...... Fort Leavenworth ...... KS Kansas State Bank ...... Holton ...... KS Heartland Bank, N.A ...... Jewell ...... KS First National Bank and Trust Company ...... Junction City ...... KS First State Bank of Kansas City ...... Kansas City ...... KS Premier Bank ...... Lenexa ...... KS First Commercial Bank, N.A ...... Overland Park ...... KS Metcalf Bank ...... Overland Park ...... KS Team Bank, N.A ...... Paola ...... KS City National Bank of Pittsburg ...... Pittsburg ...... KS Citizens State Bank and Trust Company ...... Seneca ...... KS Community National Bank ...... Seneca ...... KS Mid America Credit Union ...... Wichita ...... KS First National Bank and Trust ...... Fullerton ...... NE Five Points Bank ...... Grand Island ...... NE City National Bank and Trust Company ...... Hastings ...... NE First State Bank ...... Hickman ...... NE First National Bank and Trust Co. of Minden ...... Minden ...... NE Pinnacle Bank ...... Neligh ...... NE Western Nebraska National Bank ...... North Platte ...... NE FCE Credit Union ...... Omaha ...... NE Plattsmouth State Bank ...... Plattsmouth ...... NE Jones National Bank and Trust Company ...... Seward ...... NE Stromsburg Bank ...... Stromsburg ...... NE First National Bank of Wahoo ...... Wahoo ...... NE First National Bank & Trust Company of Ada ...... Ada ...... OK Alva State Bank & Trust Company ...... Alva ...... OK Community National Bank ...... Alva ...... OK American National Bank ...... Ardmore ...... OK First Bank and Trust, N.A ...... Bethany/Oklahoma City ...... OK SpiritBank, N.A ...... Bristow ...... OK Federal BankCentre ...... Broken Arrow ...... OK Farmers and Merchants Bank ...... Crescent ...... OK The Eastman National Bank of Newkirk ...... Newkirk ...... OK Charter National Bank ...... Oklahoma City ...... OK Oklahoma Employees Credit Union ...... Oklahoma City ...... OK First National Bank and Trust Company ...... Okmulgee ...... OK First State Bank ...... Picher ...... OK McClain County National Bank ...... Purcell ...... OK Tinker Federal Credit Union ...... Tinker AFB ...... OK Oklahoma Central Credit Union ...... Tulsa ...... OK Welch State Bank ...... Welch ...... OK Farmers and Merchants Bank, N.A ...... Yukon/Oklahoma City ...... OK

Federal Home Loan Bank of San FranciscoÐDistrict 11

Norwest Bank Arizona, N.A ...... Phoenix ...... AZ Fifth Third Bank, F.S.B ...... Scottsdale ...... AZ North County Bank ...... Escondido ...... CA Humboldt Bank ...... Eureka ...... CA Six Rivers National Bank ...... Eureka ...... CA Cathay Bank ...... Los Angeles ...... CA General Bank ...... Los Angeles ...... CA F&A Federal Credit Union ...... Monterey Park ...... CA Stanford Federal Credit Union ...... Palo Alto ...... CA CBC Federal Credit Union ...... Port Hueneme ...... CA Peninsula Bank of San Diego ...... San Diego ...... CA Gateway Bank, F.S.B ...... San Francisco ...... CA First Bank of San Luis Obispo ...... San Luis Obispo ...... CA Chinatrust Bank (U.S.A.) ...... Torrance ...... CA Visalia Community Bank ...... Visalia ...... CA

Federal Home Loan Bank of SeattleÐDistrict 12

City Bank ...... Honolulu ...... HI Oahu Educational Employees Credit Union ...... Honolulu ...... HI Citizens State Bank ...... Hamilton ...... MT BankWest, N.A ...... Kalispell ...... MT Valley Bank of Kalispell ...... Kalispell ...... MT

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.212 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55935

First National Bank of Montana ...... Libby ...... MT First Technology Credit Union ...... Beaverton ...... OR Bank of the Cascades ...... Bend ...... OR Siuslaw Valley Bank ...... Florence ...... OR PACE Credit Union ...... Portland ...... OR South Umpqua State Bank ...... Roseburg ...... OR Clackamas County Bank ...... Sandy ...... OR Bank of Utah ...... Ogden ...... UT Goldenwest Credit Union ...... Ogden ...... UT Community First National Bank ...... Salt Lake City ...... UT Industrial Credit Union of Whatcom County ...... Bellingham ...... WA Cashmere Valley Bank ...... Cashmere ...... WA Mt. Rainier National Bank ...... Enumclaw ...... WA Grant National Bank ...... Ephrata ...... WA Everett Mutual Bank ...... Everett ...... WA NorthWest Telco Credit Union ...... Everett ...... WA Rainier Pacific, a Community Credit Union ...... Fife ...... WA NW Federal Credit Union ...... Seattle ...... WA Seattle Telco Federal Credit Union ...... Seattle ...... WA First Heritage Bank ...... Snohomish ...... WA Horizon Credit Union ...... Spokane ...... WA American National Bank ...... Cheyenne ...... WY The Bank of Laramie ...... Laramie ...... WY First Federal Savings Bank ...... Sheridan ...... WY

II. Public Comments 225), and all other applicable statutes Regulation Group) 101 Market Street, To encourage the submission of and regulations to become a bank San Francisco, California 94105-1579: public comments on the community holding company and/or to acquire the 1. Heritage Commerce Corp., San Jose, support performance of FHLBank assets or the ownership of, control of, or California; to acquire 100 percent of the members, on or before October 30, 1999, the power to vote shares of a bank or voting shares of Heritage Bank South each FHLBank will notify its Advisory bank holding company and all of the Valley, Morgan Hill, California. Council and nonprofit housing banks and nonbanking companies Board of Governors of the Federal Reserve developers, community groups, and owned by the bank holding company, System, October 8, 1999. other interested parties in its district of including the companies listed below. Robert deV. Frierson, the members selected for community The applications listed below, as well Associate Secretary of the Board. as other related filings required by the support review in the 1998–99 seventh [FR Doc. 99–26926 Filed 10–14–99; 8:45 am] Board, are available for immediate quarter review cycle. 12 CFR BILLING CODE 6210±01±F 936.2(b)(2)(ii). In reviewing a member inspection at the Federal Reserve Bank for community support compliance, the indicated. The application also will be Finance Board will consider any public available for inspection at the offices of FEDERAL RESERVE SYSTEM the Board of Governors. Interested comments it has received concerning persons may express their views in the member. 12 CFR 936.2(d). To ensure Formations of, Acquisitions by, and writing on the standards enumerated in consideration by the Finance Board, Mergers of Bank Holding Companies the BHC Act (12 U.S.C. 1842(c)). If the comments concerning the community proposal also involves the acquisition of The companies listed in this notice support performance of members a nonbanking company, the review also have applied to the Board for approval, selected for the 1998–99 seventh quarter includes whether the acquisition of the pursuant to the Bank Holding Company review cycle must be delivered to the nonbanking company complies with the Act of 1956 (12 U.S.C. 1841 et seq.) Finance Board on or before the standards in section 4 of the BHC Act (BHC Act), Regulation Y (12 CFR part November 29, 1999 deadline for (12 U.S.C. 1843). Unless otherwise 225), and all other applicable statutes submission of Community Support noted, nonbanking activities will be and regulations to become a bank Statements. conducted throughout the United States. holding company and/or to acquire the By the Federal Housing Finance Board. Unless otherwise noted, comments assets or the ownership of, control of, or Dated: October 8, 1999. regarding each of these applications the power to vote shares of a bank or William W. Ginsberg, must be received at the Reserve Bank bank holding company and all of the Managing Director. indicated or the offices of the Board of banks and nonbanking companies owned by the bank holding company, [FR Doc. 99–26881 Filed 10–14–99; 8:45 am] Governors not later than November 8, including the companies listed below. BILLING CODE 6725±01±P 1999. A. Federal Reserve Bank of Chicago The applications listed below, as well (Philip Jackson, Applications Officer) as other related filings required by the 230 South LaSalle Street, Chicago, Board, are available for immediate FEDERAL RESERVE SYSTEM Illinois 60690-1413: inspection at the Federal Reserve Bank Formations of, Acquisitions by, and 1. Great River Banshares Corporation, indicated. The application also will be Mergers of Bank Holding Companies Burlington, Iowa; to acquire 50.0025 available for inspection at the offices of percent of the voting shares of Henry the Board of Governors. Interested The companies listed in this notice County Bank (In Organization), Mt. persons may express their views in have applied to the Board for approval, Pleasant, Iowa. writing on the standards enumerated in pursuant to the Bank Holding Company B. Federal Reserve Bank of San the BHC Act (12 U.S.C. 1842(c)). If the Act of 1956 (12 U.S.C. 1841 et seq.) Francisco (Maria Villanueva, Manager proposal also involves the acquisition of (BHC Act), Regulation Y (12 CFR Part of Analytical Support, Consumer a nonbanking company, the review also

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.212 pfrm02 PsN: 15OCN1 55936 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices includes whether the acquisition of the investment through its wholly owned be so closely related to banking or nonbanking company complies with the subsidiary, NatWest Group Holdings managing or controlling banks as to be standards in section 4 of the BHC Act Corporation, New York, New York, in a proper incident thereto. The Board (12 U.S.C. 1843). Unless otherwise Identrus, LLC, New York, New York previously has determined that certain noted, nonbanking activities will be (Company) (formerly known as Global data processing and data transmission conducted throughout the United States. Trust Organization LLC), and thereby services are closely related to banking Unless otherwise noted, comments engage de novo directly and through for purposes of section 4(c)(8) of the regarding each of these applications Company, in digital certification and BHC Act, pursuant to § 225.28(b)(14) of must be received at the Reserve Bank data processing and data transmission Regulation Y. Notificant contends that indicated or the offices of the Board of activities, as described below. Notificant all of the proposed activities are so Governors not later than November 12, also proposes to engage in activities that closely related to banking as to be a 1999. it maintains are incidental to proper incident thereto, or are activities A. Federal Reserve Bank of New permissible digital certification and data that are incidental to permissible York (Betsy Buttrill White, Senior Vice processing and data transmission activities, pursuant to § 225.21(a)(2) of President) 33 Liberty Street, New York, activities. Regulation Y. New York 10045-0001: Notificant proposes to acquire more In determining whether the proposal 1. NBT Bancorp Inc., Norwich, New than 5 percent of the outstanding voting satisfies the proper incident to banking York; to acquire 100 percent of the interests in Company, a de novo limited standard of section 4(c)(8) of the BHC voting shares of Lake Ariel Bancorp, liability company. Act, the Board must consider whether Inc., Lake Ariel, Pennsylvania, and Other investors in Company would consummation of the proposal can thereby indirectly acquire LA Bank, include national banks and state ‘‘reasonably be expected to produce National Association, Lake Ariel, member banks. Company would serve benefits to the public, such as greater Pennsylvania. as the rulemaking authority for a convenience, increased competition, or network of participating financial Board of Governors of the Federal Reserve gains in efficiency, that outweigh System, October 12, 1999. institutions (Network), which would possible adverse effects, such as undue include Notificant, future equity Robert deV. Frierson, concentration of resources, decreased or investors in Company, and other unfair competition, conflicts of Associate Secretary of the Board. financial institutions that elect to interests, or unsound banking [FR Doc. 99–27005 Filed 10–14–99; 8:45 am] participate in the Network (collectively, practices.’’ 12 U.S.C. 1843(c)(8). BILLING CODE 6210±01±F Participants). The Network is designed Notificant contends that consummation to allow Participants to certify of the proposal will facilitate the electronically the identity of parties development of electronic commerce FEDERAL RESERVE SYSTEM conducting business or communicating and will have a beneficial effect on Notice of Proposals to Engage in electronically through the internet or competition for identity certification Nonbanking Activities or to Acquire otherwise. Participants in the Network and related services. Companies that are Engaged in would, among other things, issue to In publishing the proposal for Nonbanking Activities customers ‘‘digital certificates’’ that comment, the Board does not take a authenticate messages electronically position on the issues raised by the The companies listed in this notice sent by the customer, and confirm the proposal. Notice of the proposal is have given notice under section 4 of the validity of digital certificates issued by published solely to seek the views of Bank Holding Company Act (12 U.S.C. Participants. Participants also may issue interested persons on the issues 1843) (BHC Act) and Regulation Y (12 warranties to customers who request presented by the proposal and does not CFR Part 225) to engage de novo, or to verification of digital certificates issued represent a determination by the Board acquire or control voting securities or by Participants, and post collateral to that the proposal meets, or is likely to assets of a company, that engages either secure claims under any warranty meet, the standards of the BHC Act. The directly or through a subsidiary or other issued by the Participant. notice is available for immediate company, in a nonbanking activity. Company would develop, maintain, inspection at the Federal Reserve Bank These activities will be conducted and enforce the rules governing the indicated above and at the offices of the worldwide. operation of, and participation in, the Board of Governors. Any request for a Each notice is available for inspection Network, and provide other services hearing on the notices must be at the Federal Reserve Bank indicated. designed to facilitate the certification accompanied by a statement of reasons The notice also will be available for activities of Participants and operation explaining why a written presentation inspection at the offices of the Board of of the Network. These activities would would not suffice in lieu of a hearing, Governors. Interested persons may include issuing digital certificates to identifying specifically any questions of express their views in writing on the Participants and maintaining a current fact that are in dispute, summarizing the question whether the proposal complies database of digital certificates that have evidence that would be presented at a with the standards of section 4 of the been issued. Company and Participants hearing, and indicating how the party BHC Act. would engage in a wide range of data commenting would be aggrieved by Unless otherwise noted, comments processing and data transmission approval of the proposal. regarding the applications must be activities in connection with their 2. UBS AG, Zurich, Switzerland received at the Reserve Bank indicated proposed activities. A more complete (‘‘Notificant’’); to acquire certain or the offices of the Board of Governors description of the proposed activities of subsidiaries of Global Asset not later than October 29, 1999. Company, Notificant, and other Management Limited, Hamilton, A. Federal Reserve Bank of New Participants is contained in the notices. Bermuda (‘‘GAML’’), including Global York (Betsy Buttrill White, Senior Vice Section 4(c)(8) of the BHC Act Asset Management (USA) Inc., GAM President) 33 Liberty Street, New York, provides that a bank holding company Investments Inc., GAM Services Inc., New York 10045-0001: may, with Board approval, engage in and GAM Funding Inc., all in New 1. National Westminster Bank Plc, any activity that the Board has York, New York, and GAM International London, England; to make an determined (by order or regulation) to Management Limited, London, England,

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.159 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55937 and thereby engage in certain received at the Reserve Bank indicated information’’ means agency requests or nonbanking activities, including or the offices of the Board of Governors requirements that members of the public extending credit and servicing loans, not later than November 12, 1999. submit reports, keep records, or provide pursuant to § 225.28(b)(1) of Regulation A. Federal Reserve Bank of Cleveland information to a third party. 44 U.S.C. Y; acting as investment advisor to any (Paul Kaboth, Banking Supervisor) 1455 3502(3), 5 CFR 1320.3(c). As required by person, pursuant to § 225.28(b)(6) of East Sixth Street, Cleveland, Ohio section 3506(c)(2)(A) of the PRA, the Regulation Y; agency transactional 44101-2566: FTC is providing this opportunity for services, pursuant to § 225.28(b)(7) of 1. Provident Financial Group, Inc., public comment before requesting that Regulation Y; providing certain Cincinnati, Ohio; to acquire Fidelity OMB extend the existing paperwork administrative services to mutual funds, Financial of Ohio, Inc., Cincinnati, clearance for the regulations noted see Bankers Trust New York Corp., 83 Ohio, and thereby indirectly acquire herein. Fed. Res. Bull. 780 (1997); and serving Centennial Bank, Cincinnati, Ohio, and The FTC invites comments on: (1) as the investment advisor and thereby engage in permissible savings commodity pool operator to trusts, and loan activities, pursuant to § whether the proposed collection of limited partnerships, and mutual funds, 225.28(b)(4)(ii) of Regualtion Y. information is necessary for the proper performance of the functions of the and serving as the general partner of Board of Governors of the Federal Reserve limited partnerships that invest only in agency, including whether the System, October 12, 1999. information will have practical utility; securities and other instruments which Robert deV. Frierson, Notificant would be permitted to hold (2) the accuracy of the agency’s estimate Associate Secretary of the Board. directly under the Bank Holding of the burden of the proposed collection Company Act, see Travelers Group Inc./ [FR Doc. 99–27006 Filed 10–14–99; 8:45 am] of information, including the validity of Citigroup, 84 Fed. Res. Bull. 985 (1998); BILLING CODE 6210±01± the methodology and assumptions used; UBS AG, 84 Fed. Res. Bull. 684 (1998). (3) ways to enhance the quality, utility, Comments regarding this application and clarity of the information to be must be received by November 10, 1999. FEDERAL TRADE COMMISSION collected; and (4) ways to minimize the burden of the collection of information Board of Governors of the Federal Reserve Agency Information Collection System, October 8, 1999. on those who are to respond, including Activities; Proposed Collection; through the use of appropriate Robert deV. Frierson, Comment Request; Extension automated, electronic, mechanical, or Associate Secretary of the Board. AGENCY: Federal Trade Commission. other technological collection [FR Doc. 99–26927 Filed 10–14–99; 8:45 am] techniques or other forms of information ACTION: Notice. BILLING CODE 6210±01±F technology, e.g., permitting electronic SUMMARY: The Federal Trade submission of responses. FEDERAL RESERVE SYSTEM Commission (FTC) is soliciting public The four rules covered by this notice comments on proposed extensions of are: (1) Regulations promulgated under Notice of Proposals To Engage in Paperwork Reduction Act (PRA) The Equal Credit Opportunity Act, 15 Permissible Nonbanking Activities or clearance for information collection U.S.C. 1691 et seq. (‘‘ECOA’’) To Acquire Companies That Are requirements associated with four (‘‘Regulation B’’) (Control Number: Engaged in Permissible Nonbanking current rules enforced by the 3084–0087); (2) Regulations Activities Commission. These clearances expire on promulgated under The Electronic Fund December 31, 1999. The FTC has Transfer Act, 15 U.S.C. 1693 et seq. The companies listed in this notice submitted the proposed information (‘‘EFTA’’) (‘‘Regulation E’’) (Control have given notice under section 4 of the collection requirements described below Number: 3084–0085); (3) Regulations Bank Holding Company Act (12 U.S.C. to the Office of Management and Budget promulgated under The Consumer 1843) (BHC Act) and Regulation Y (12 (OMB) and has requested that OMB Leasing Act, 15 U.S.C. 1667 et seq., CFR part 225), to engage de novo, or to extend the paperwork clearances (‘‘CLA’’) (‘‘Regulation M’’) (Control acquire or control voting securities or through December 31, 2002. Number: 3084–0086); assets of a company, including the DATES: Comments must be filed by (4) Regulations promulgated under companies listed below, that engages December 14, 1999. either directly or through a subsidiary or The Truth-In-Lending Act, 15 U.S.C. ADDRESSES: other company, in a nonbanking activity Send written comments to 1601 et seq. (‘‘TILA’’) (‘‘Regulation Z’’) that is listed in § 225.28 of Regulation Carole Reynolds, Attorney, Division of (Control Number: 3084–0088). Financial Practices, Bureau of Consumer Y (12 CFR 225.28) or that the Board has Each of these four rules impose determined by Order to be closely Protection, Federal Trade Commission, Washington, DC 20580, 202–326–3230. certain PRA recordkeeping and related to banking and permissible for disclosure requirements associated with bank holding companies. Unless All comments should be identified as responding to this notice. providing credit or with other financial otherwise noted, these activities will be transactions. All of these rules require FOR FURTHER INFORMATION CONTACT: conducted throughout the United States. covered entities to keep certain records. Each notice is available for inspection Requests for additional information or Staff believes that these entities would at the Federal Reserve Bank indicated. copies of the proposed information likely retain these records in the normal The notice also will be available for requirements should be addressed to course of business even absent the inspection at the offices of the Board of Carole Reynolds at the address listed recordkeeping requirement in the rules.1 Governors. Interested persons may above. There is, however, some burden express their views in writing on the SUPPLEMENTARY INFORMATION: Under the associated with ensuring that covered question whether the proposal complies Paperwork Reduction Act of 1995 (PRA) entities do not prematurely dispose of with the standards of section 4 of the (44 U.S.C. 3501–3520), Federal agencies BHC Act. must obtain approval from OMB for 1 PRA ‘‘burden’’ does not include effort expended Unless otherwise noted, comments each collection of information they in the ordinary course of business, regardless of any regarding the applications must be conduct or sponsor. ‘‘Collection of regulatory requirement. 5 CFR 1320.3(b)(2).

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.160 pfrm02 PsN: 15OCN1 55938 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices relevant records during the period of companies, computer dealers). The the regulatory authority of another time required by the applicable rule. burden estimates represent staff’s best federal agency (such federally chartered Disclosure requirements involve both assessment, based on its knowledge and or insured depository institutions). set-up and monitoring costs as well as expertise relating to the financial Estimated annual hours burden: certain transaction-specific costs. ‘‘Set- services industry. To derive these 2,560,000 hours, rounded (1,150,000 up’’ burden, incurred by new entrants estimates, staff considered the wide recordkeeping hours + 1,409,499 only, includes identifying the applicable variations in covered entities’: (1) size disclosure hours). disclosure requirements, determining and location; (2) credit or lease products Recordkeeping: FTC staff estimates compliance obligations, and designing offered, extended, or advertised, and that Regulation B’s general and developing compliance systems and their particular terms; (3) types of EFTs recordkeeping requirements affect procedures. ‘‘Monitoring’’ burden, used; (4) types and occurrences of 1,000,000 credit firms subject to the incurred by all covered entities, adverse actions; (5) types of appraisal Commission’s jurisdiction, at an average includes reviewing revisions to reports utilized; and (6) automation annual burden of one hour per firm for regulatory requirements, revising with regard to their compliance a total of 1,000,000 hours. Staff also compliance systems and procedures as operations. estimates that the requirement that necessary, and monitoring the ongoing The estimated PRA burden associated creditors monitor information about operation of systems and procedures to with these rules, attributable to the race/national origin, sex, age, and ensure continued compliance. Commission, is less today than in the marital status imposes a maximum ‘‘Transaction-related’’ burden refers to past. Staff believes that fewer entities burden of one minute each 3 for the effort associated with providing the are subject to the Commission’s approximately nine million credit various required disclosures in jurisdiction today. In addition, as applications (based on recent industry individual transactions. While this automation becomes more pervasive in data regarding the approximate number the financial services industry, entities burden varies with the number of of mortgage purchase and refinance may be able to comply more efficiently. transactions, the figures shown for originations), for a total of 150,00 hours. The cost estimates shown below relate transaction-related burden in the tables solely to labor costs. The applicable The total estimated recordkeeping that follow are estimated averages. The PRA requirements impose minimal burden is 1,150,000 hours. actual range of compliance burden capital or other non-labor costs, as Disclosure: Regulation B requires that experienced by covered entities, and affected entities generally have the creditors (i.e., entities that regularly reflected in those averages, varies necessary equipment for other business participate in the decision whether or widely. Depending on the extent to purposes. Similarly, staff estimates that not to extend credit and take ‘‘adverse which covered entities have developed compliance with these rules entails action’’ under Regulation B) provide automated systems and procedures for minimal printing and copying costs notices whenever they take adverse providing the required disclosures, and beyond that associated with action. The regulation also requires the efficacy of those systems and documenting financial transactions in entities that extend various types of procedures, some entities may have the ordinary course of business. The mortgage credit to provide a copy of the little or no such burden, while others appraisal report and to notify applicants 2 burden estimates shown below include incur a higher burden. the time necessary to train staff in of their right to a copy of the report. Calculating the burden associated compliance with the regulations. As noted above, Regulation B applies with the four regulations’ disclosure The following paragraphs discuss to a highly diverse group of entities, requirements is extremely difficult each of these rules, their particular PRA including retailers, mortgage lenders, because of the highly diverse group of requirements, and staff’s best estimates mortgage brokers, finance companies, affected entities. The ‘‘respondents’’ of the related hour and cost burdens. Internet businesses, and others. In some included in the following burden instances, where covered entities may calculations consist of all types of 1. Regulation B make certain required disclosures in the creditors (e.g., finance companies, The ECOA prohibits discrimination in ordinary course of business, the mortgage companies, retailers, Internet the extension of credit. Regulation B, 12 Regulation imposes no burden. In businesses), financial institutions CFR 202, promulgated by the Board of addition, some entities have developed (including new electronic commerce Governors of the Federal Reserve highly automated means of providing entities), service providers, certain System, establishes both recordkeeping the required disclosures, while others government agencies and others and disclosure requirements to assist rely on methods requiring more manual involved in delivering electronic fund consumers in understanding their rights effort. Thus, the following burden transfers of government benefits, and under the ECOA and to assist in estimates are averages based on staff’s lessors (e.g., auto dealers, independent detecting unlawful discrimination. The best estimate of the burden incurred leasing companies, manufacturers’ FTC enforces the ECOA as to all over an extremely broad spectrum of captive finance companies, furniture creditors except those that are subject to covered entities.

Setup/monitoring 1 Transaction-related 2 Average Total setup/ Average Total trans- Disclosure Respond- burden per monitoring Number of burden per action bur- Total bur- ents respondent burden transactions transaction den den (hours) (hours) (minutes) (hours) (hours)

Adverse action notices ...... 1,000,000 .5 500,000 200,000,000 .25 833,333 1,333,333 Appraisal notices ...... 22,000 .5 11,000 6,500.000 .25 27,083 38,083

2 For example, large retailers may use automated have less automated compliance systems, and thus 3 Regulation B contains a model form that means to provide required disclosures, such as may issue disclosures on an individual transaction creditors may use to gather and retain the required issuing, en masse, notices of changes in terms. basis, resulting in higher burden. information. Smaller retailers and certain types of creditors may

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55939

Setup/monitoring 1 Transaction-related 2 Average Total setup/ Average Total trans- Disclosure Respond- burden per monitoring Number of burden per action bur- Total bur- ents respondent burden transactions transaction den den (hours) (hours) (minutes) (hours) (hours)

Appraisal reports ...... 22,000 .5 11,000 6,500.000 .25 27,083 38,083

Total ...... 1,409,409 1 With respect to appraisal notices and appraisal reports, the above figures assume that approximately half of applicable mortgage entities (.5 × 44,000, or 22,000 businesses) would not otherwise provide this information and thus would be affected. 2 The above figures assume that half of applicable mortgage transactions (.5 × 13,000,000, or 6,500,000) would not otherwise provide the ap- praisal notices and reports and thus would be affected.

Estimated annual cost burden: Recordkeeping: Staff estimates that technical time. As shown below, the $46,418,000, rounded. the general recordkeeping responsibility total recordkeeping cost is $14,666,666. Staff calculated labor costs by of one hour per creditor would involve Disclosure: For each notice or applying appropriate hourly cost figures approximately 90 percent clerical time information item listed, staff estimates to the burden hours described above. and ten percent skilled technical time. that the burden hours consist of 10 The hourly rates used below ($50 for Keeping records of race/national origin, managerial or professional time, $20 for percent managerial time and 90 percent sex, age, and marital status requires an skilled technical time. As shown below, skilled technical time, and $10 for estimated one minute of skilled clerical time) are averages. the total disclosure cost is $32,418,477.

Managerial Skilled technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($50/hr.) (hours) ($20/hr.) (hours) (10/hr.)

General Recordkeeping ...... 0 $0 100,000 $2,000,000 900,000 $9,000,000 $11,000,000 Other Recordkeeping ...... 0 0 150,000 3,000,000 0 0 3,000,000

Total Recordkeeping ...... 14,666,666

Adverse action notices ...... 133,333 6,666,665 1,200,000 23,999,994 0 0 30,666,659 Appraisal notices ...... 3,808 190,415 32,275 685,494 0 0 875,909 Appraisal reports ...... 3,808 190,415 32,275 685,494 0 0 875,909

Total Disclosure ...... 32,418,477

Total Recordkeeping and Disclosure ...... 46,418,477

2. Regulation E Estimated annual hours burden: service providers, various federal and 3,579,000 hours (500,000 recordkeeping state agencies offering electronic fund The EFTA requires accurate hours + approximately 3,079,000 transfers (EFTs), and others. In some disclosure of the costs, terms, and rights disclosure hours). instances, where covered entities may relating to electronic fund transfer (EFT) Recordkeeping: Staff estimates that make certain required disclosures in the services to consumers. Regulation E, Regulation E’s recordkeeping ordinary course of business, the promulgated by the Board of Governors requirements affect 500,000 firms Regulation imposes no burden. In of the Federal Reserve System, offering EFT services to consumers and addition, some entities have developed establishes both recordkeeping and subject to the Commission’s highly automated means of providing disclosure requirements applicable to jurisdiction, at an average annual the required disclosures, while others entities providing EFT services to burden of one hour per firm, for a total consumers. The FTC enforces the EFTA of 500,000 hours. rely on methods requiring more manual as to all entities providing EFT services Disclosure: As noted above, effort. Thus, the following burden except those that are subject to the Regulation E applies to a highly diverse estimates are averages based on the regulatory authority of another federal group of entities, including financial staff’s best estimate of the burden agency (such as federally chartered or institutions (including certain retailers incurred over an extremely broad insured depository institutions). and electronic commerce entities), spectrum of covered entities.

Setup/monitoring Transaction-related Average bur- Total setup/ Average bur- Disclosure den per re- monitoring Number of den per trans- Total trans- Total burden Respondents spondent burden transactions action action burden (hours) (hours) (hours) (minutes) (hours)

Initial terms ...... 100,000 .5 50,000 1,000,000 .02 333 50,333 Change in terms ...... 25,000 .5 12,500 33,000,000 .02 11,000 23,500

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.236 pfrm02 PsN: 15OCN1 55940 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Setup/monitoring Transaction-related Average bur- Total setup/ Average bur- Disclosure den per re- monitoring Number of den per trans- Total trans- Total burden Respondents spondent burden transactions action action burden (hours) (hours) (hours) (minutes) (hours)

Periodic statements ..... 100,000 .5 50,000 1,200,000,000 .02 400,000 450,000 Error resolution ...... 100,000 .5 50,000 1,000,000 5 83,333 133,333 Transaction receipts ..... 100,000 .5 50,000 5,000,000,000 .02 1,666,667 1,716,667 Preauthorized transfers 500,000 .5 250,000 1,000,000 .25 4167 254,167 Service provider notices 100,000 .25 25,000 1,000,000 .25 4167 29,167 Govt. benefit notices .... 10,000 .5 5,000 100,000,000 .25 416,667 421,667

Total ...... 3,078,834

Estiamted annual cost burden: Recordkeeping: For the 500,000 that 10 percent of the burden hours $76,313,000, rounded. recordkeeping hours, staff estimates that require managerial time and 90 percent Staff calculated labor costs by 10 percent of the burden hours require require skilled technical time. As shown applying appropriate hourly cost figures skilled technical time and 90 percent below, the total disclosure cost is to the burden hours described above. require clerical time. As shown below, $70,813,182. The hourly rates used below ($50 for the total recordkeeping cost is managerial or professional time, $20 for $5,500,000. skilled technical time, and $10 for Disclosure: For each notice or clerical time) are averages. information item listed, staff estimates

Managerial Skilled technical Clerical Total cost Required task Time Cost Time Cost Time Cost ($) (hours) ($50/hr.) (hours) ($20/hr.) (hours) ($10/hr.)

Recordkeeping ...... 0 $0 50,000 $1,000,000 450,000 $4,500,000 $5,500,000 Disclosure: Initial terms ...... 5,033 251,665 45,300 905,994 0 0 1,157,659 Change in terms ...... 2,350 117,500 21,150 423,000 0 0 540,500 Periodic statements ...... 45,000 2,250,000 405,000 8,100,000 0 0 10,350,000 Error resolution ...... 13,333 666,665 120,000 2,399,994 0 0 3,066,659 Transaction receipts ...... 171,667 8,583,335 1,540,000 30,900,006 0 0 39,483,34 Preauthorized transfers ...... 25,417 1,270,835 228,750 4,575,006 0 0 5,845,84 Service provider notices ..... 2,917 145,835 26,250 525,006 0 0 670,84 Govt. benefit notices ...... 42,167 2,108,335 379,500 7,590,006 0 0 9,698,34

Total Disclosure ...... 70,813,182

Total Recordkeeping and Disclosures ...... 76,313,182

3. Regulation M Estimated annual hours burden: companies), computer lessors (such as 387,500 hours, rounded (200,000 computer dealers and other retailers), The CLA requries accurate disclosure recordkeeping hours + 187,501 furniture lessors, various electronic of the costs and terms of leases to disclosures hours). commerce lessors, and diverse types of consumers. Regulation M, promulgated Recordkeeping: Staff estimates that lease advertisers, and others. In some by the Board of Governors of the Federal Regulation M’s recordkeeping instances, where covered entities may reserve System, establishes disclosure requirements affect 200,000 firms make certain required disclosures in the requirements that assist consumers in leasing products to consumers and ordinary course of business, the understanding the terms of leases and subject to the Commission’s Regulation imposes no burden. In recordkeeping requirements that assist jurisdiction, at an average annual addition, some entities have developed enforcement of the CLA. The FTC burden of one hour per firm, for a total highly automated means of providing enforces the CLA as to all lessors and of 200,000 hours. the required disclosures, while others advertisers except those that are subject Disclosure: As noted above, rely on methods requiring more manual to the regulatory authority of another Regulation M applies to a highly diverse effort. Thus, the following burden federal agency (such as federally group of entities, including automobile estimates are averages based on staff’s chartered or insured depository lessors (such as auto dealers, best estimate of the burden incurred institutions). independent leasing companies, and over an extremely broad spectrum of manufacturers’ captive finance covered entities.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00047 Fmt 4703 Sfmt 4700 E:\FR\FM\A15OC3.237 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55941

Setup/monitoring Transaction related Average bur- Total setup/ Average bur- Total burden Disclosure den per re- monitoring Number of den per trans- Total trans- (hours) Respondents spondent burden transactions action action burden (hours) (hours) (minutes) (hours)

Auto Leases 1 ...... 100,00 .75 75,000 5,000,000 50 41,667 116,667 Other Leases 2 ...... 100,000 .50 50,000 1,000,000 25 4,167 54,167 Advertising ...... 25,000 .50 12,500 1,000,000 .25 4,167 16,667

Total ...... 187,501 1 This category focuses on consumer vehicle leases. the number of such leasesÐthe largest category of consumer leasesÐhas increased considerably in recent years. Vehicle leases are subject to additional lease disclosure requirements (pertaining to computation of payment obliga- tions) than other lease transactions. Only consumers leases for more than four months are covered. See 15 U.S.C. 1667(1); 12 CFR 213.2(a)(6). 2 This category focuses on all types of consumer leases other than vehicle leases. It includes leases for computers, other electronics, small ap- pliances, furniture, and other transactions. Only consumers leases for more than four months are covered. See 15 U.S.C. 1667(1); 12 CFR 213.2(a)(6).

Estimated annual burden: $6,513,000, Recordkeeping: For the 200,000 that 10 percent of the burden hours rounded. recordkeeping hours, staff estimates that require managerial time and 90 percent Staff calculated labor costs by 10 percent of the burden hours require require skilled technical time. As shown applying appropriate hourly cost figures skilled technical time and 90 percent below, the total disclosure cost is to the burden hours described above. require clerical time. As shown below, $4,312,523. The hourly rates used below ($50 for the total recordkeeping cost is managerial or professional time, $20 for $2,200,000. skilled technical time, and $10 for Disclosure: For each notice or clerical time) are averages. information item listed, staff estimates

Managerial Skilled technical Clerical Total cost Required task Time Cost Cost Time Cost ($) (hours) ($50/hr.) Time (hours) ($20/hr.) (hours) ($10/hr.)

Recordkeeping ...... 0 $0 20,000 $400,000 180,000 $1,800,000 $2,200,000 Disclosures: Auto Leases ...... 11,667 583,335 105,000 2,100,006 0 0 2,683,341 Other Leases ...... 5,417 270,835 48,750 975,006 0 0 1,245,841 Advertising ...... 1,667 83,335 15,000 300,000 0 0 383,341

Total Disclosures ...... 4,312,523

Total Recordkeeping and Disclosures ...... 6,512,523

4. Regulation Z recordkeeping hours + 45,412,000 companies; finance companies; credit disclosure hours). advertisers; auto dealerships; student The TILA was enacted to foster Recordkeeping: FTC staff estimates loan companies; home fuel or power comparison credit shopping and that Regulation Z’s recordkeeping services (for furnaces, stoves, informed credit decision making by requirements affect approximately microwaves, and other heating, cooling requiring accurate disclosure of the 1,000,000 firms offering credit and or residential power equipment); credit costs and terms of credit to consumers. subject to the Commission’s advertisers; and others. In some Regulation Z, promulgated by the Board jurisdiction, at an average annual instances, where covered entities may of Governors of the Federal Reserve burden of one hour per firm, for a total make certain required disclosures in the System, establishes both recordkeeping of 1,000,000 hours. ordinary course of business, the and disclosure requirements to assist Disclosure: Regulation Z disclosure Regulation imposes no burden. In consumers and the enforcement of the requirements pertain to open-end and addition, some entities have developed TILA. The FTC enforces the TILA as to closed-end credit. As noted above, the highly automated means of providing all creditors except those that are Regulation applies to a highly diverse the required disclosures, while others subject to the regulatory authority of group of entities, including retailers rely on methods requiring more manual another federal agency (such as (such as department stores, appliance effort. Thus, the following burden federally chartered or insured stores, discount retailers, medical-dental estimates are averages based on staff’s depository institutions). service providers, home improvement best estimate of the burden incurred Estimated annual hours burden. sellers, and newly-emerging electronic over an extremely broad spectrum of 46,412,000 hours (1,000,000 commerce retail operators); mortgage covered entities.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4700 E:\FR\FM\A15OC3.238 pfrm02 PsN: 15OCN1 55942 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Setup/monitoring Transaction-related Average Total setup/ Average Total trans- Total bur- Disclosure Respond- burden per monitoring Number of burden per action bur- den ents respondent burden transactions transaction den (hours) (hours) (hours) (minutes) (hours)

Open-end credit: Initial terms ...... 100,000 .5 50,000 50,000,000 .25 208,333 258,333 Rescission notices ...... 50,000 .5 25,000 100,000 .25 417 25,417 Change in terms ...... 25,000 .5 12,500 136,000,000 .125 283,333 295,833 Periodic statements ...... 200,000 .5 100,000 4,800,000,000 .0625 5,000,000 5,100,000 Error resolution ...... 100,000 .5 50,000 10,000,000 5 833,333 883,333 Credit and charge card accounts 100,000 1 100,000 50,000,000 .25 208,333 308,333 Home equity lines of credit ...... 100,000 1 100,000 5,000,000 .25 20,833 120,833 Advertising ...... 250,000 .25 62,500 700,000 .5 5,833 68,333 Closed-end credit: Credit disclosures ...... 800,000 .50 400,000 330,000,000 2 11,000,000 11,400,000 Rescission notices ...... 200,000 .50 100,000 34,000,000 1 566,667 666,667 Variable rate mortgages ...... 100,000 .50 50,000 1,800,000 2 60,000 110,000 High rate/high fee mortgages ..... 100,000 .50 50,000 500,000 2 16,667 66,667 Reverse mortgages ...... 50,000 .50 25,000 150,000 1 2,500 27,500 Advertising ...... 500,000 .25 125,000 1,000,000 1 16,667 141,667

Total open-end credit ...... 7,060,415

Total closed-end credit ...... 12,412,501

Total credit ...... 19,472,916

Estimated annual cost burden: Recordkeeping: For the 1,000,000 that 10 percent of the burden hours $458,877,000, rounded. recordkeeping hours, staff estimates that require managerial time and 90 percent Staff calculated labor costs by 10 percent of the burden hours require require skilled technical time. As shown applying appropriate hourly cost figures skilled technical time and 90 percent below, the total disclosure cost is to the burden hours described above. require clerical time. As shown below, $447,877,068. The hourly rates used below ($50 for the total recordkeeping cost is managerial or professional time, $20 for $11,000,000. skilled technical time, and $10 for Disclosure: For each notice or clerical time) are averages. information item listed, staff estimates

Managerial Skilled Technical Clerical Total Cost Required task Time Cost Time Cost Time Cost ($) (hours) ($50/hr.) (hours) ($20/hr.) (hours) ($10/hr.)

Recordkeeping ...... 0 $0 100,000 $2,000,000 900,000 $9,000,000 $11,000,000 Open-end credit Disclosures: Initial terms ...... 25,833 1,291,665 232,500 4,649,994 0 0 5,941,659 Rescission notices ...... 2,542 127,085 22,875 457,506 0 0 584,591 Change in terms ...... 29,583 1,479,165 266,250 5,324,994 0 0 6,804,159 Periodic statements ...... 510,000 25,500,000 4,590,000 91,800,000 0 0 117,300,000 Error resolution ...... 88,333 4,416,665 795,000 15,899,994 0 0 20,316,659 Credit and charge card accounts ..... 30,833 1,541,665 277,500 5,549,994 0 0 7,091,659 Home equity lines of credit ...... 12,083 604,165 108,750 2,174,994 0 0 2,779,159 Advertising ...... 6,833 341,665 61,500 1,229,994 0 0 1,571,659

Total open-end credit ...... 162,389,545 Closed-end credit Disclosures: Credit disclosures ...... 1,140,000 57,000,000 10,260,000 205,200,000 0 0 262,200,000 Rescission notices ...... 66,667 3,333,335 600,000 12,000,006 0 0 15,333,341 Variable rate mortgages ...... 11,000 550,000 99,000 1,980,000 0 0 2,530,000 High rate/high fee mortgages ...... 6,667 333,335 60,000 1,200,006 0 0 1,533,341 Reverse mortgages ...... 2,750 137,500 24,750 495,000 0 0 632,500 Advertising ...... 14,167 708,335 127,500 2,550,006 0 0 3,258,341

Total open-end credit ...... 258,487,523

Total Disclosures ...... 447,877,068 Total Recordkeeping and Dis- closures: ...... 458,877,068

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.240 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55943

Debra A. Valentine, 30333. Comments regarding the draft lists of hazardous substances. These General Counsel. toxicological profiles should be sent to lists identified 275 hazardous [FR Doc. 99–27007 Filed 10–14–99; 8:45 am] the attention of Dr. Ganga Choudhary, substances that ATSDR and EPA BILLING CODE 6750±01±M Division of Toxicology, Agency for determined pose the most significant Toxic Substances and Disease Registry, potential threat to human health. The Mailstop E–29, 1600 Clifton Road, NE., availability of the revised priority list of DEPARTMENT OF HEALTH AND Atlanta, Georgia 30333. 275 hazardous substances was HUMAN SERVICES Requests for the draft toxicological announced in the Federal Register on profiles must be in writing, and must November 17, 1997 (62 FR 61332). For Agency for Toxic Substances and specifically identify the hazardous prior versions of the list of substances Disease Registry substance(s) profile(s) that you wish to see Federal Register notices dated April receive. ATSDR reserves the right to 17, 1987 (52 FR 12866); October 20, [ATSDR±152] provide only one copy of each profile 1988 (53 FR 41280); October 26, 1989 Availability of Draft Toxicological requested, free of charge. In case of (54 FR 43619); October 17, 1990 (55 FR Profiles extended distribution delays, requestors 42067); October 17, 1991 (56 FR 52166); will be notified. October 28, 1992 (57 FR 48801); AGENCY: Agency for Toxic Substances Written comments and other data February 28, 1994 (59 FR 9486); and and Disease Registry (ATSDR), submitted in response to this notice and April 29, 1996 (61 FR 18744). (CERCLA Department of Health and Human the draft toxicological profiles should also requires ATSDR to assure the Services (HHS). bear the docket control number ATSDR– initiation of a research program to fill ACTION: Notice of availability. 152. Send one copy of all comments and data needs associated with the three copies of all supporting substances.) SUMMARY: The Comprehensive documents to Dr. Ganga Choudhary at Section 104(i)(3) of CERCLA (42 Environmental Response, the above stated address by the end of U.S.C. 9604(i)(3)) outlines the content of Compensation, and Liability Act of 1980 the comment period. Because all public these profiles. Each profile will include (CERCLA), as amended by the comments regarding ATSDR an examination, summary and Superfund Amendments and toxicological profiles are available for interpretation of available toxicological Reauthorization Act of 1986 (SARA), public inspection, no confidential information and epidemiologic section 104(i)(3) [42 U.S.C. 9604(i)(3)] business or other confidential evaluations. This information and these directs the Administrator of ATSDR to information should be submitted in data are to be used to identify the levels prepare toxicological profiles of priority response to this notice. of significant human exposure for the hazardous substances and to revise and FOR FURTHER INFORMATION CONTACT: Ms. substance and the associated health publish each updated toxicological Loretta Norman, Division of Toxicology, effects. The profiles must also include a profile as necessary. This notice Agency for Toxic Substances and determination of whether adequate announces the availability of the 13th Disease Registry, Mailstop E–29, 1600 information on the health effects of each set of toxicological profiles, which Clifton Road, NE., Atlanta, Georgia substance is available or in the process consists of six updated drafts, prepared 30333, telephone (404) 639–6322. of development. When adequate by ATSDR for review and comment. SUPPLEMENTARY INFORMATION: The information is not available, ATSDR, in DATES: In order to be considered, Superfund Amendments and cooperation with the National comments on these draft toxicological Reauthorization Act (SARA) (Pub. L. Toxicology Program (NTP), is required profiles must be received on or before 99–499) amends the Comprehensive to assure the initiation of research to February 22, 2000. Comments received Environmental Response, determine these health effects. after the close of the public comment Compensation, and Liability Act Although key studies for each of the period will be considered at the (CERCLA or Superfund) (42 U.S.C. 9601 substances were considered during the discretion of ATSDR based upon what et seq.) by establishing certain profile development process, this is deemed to be in the best interest of responsibilities for the ATSDR and the Federal Register notice seeks to solicit the general public. Environmental Protection Agency (EPA) any additional studies, particularly ADDRESSES: Requests for copies of the with regard to hazardous substances unpublished data and ongoing studies, draft toxicological profiles should be which are most commonly found at which will be evaluated for possible sent to the attention of Ms. Loretta facilities on the CERCLA National addition to the profiles now or in the Norman, Division of Toxicology, Priorities List (NPL). Among these future. Agency for Toxic Substances and responsibilities is that the Administrator The following draft toxicological Disease Registry, Mailstop E–29, 1600 of ATSDR prepare toxicological profiles profiles will be made available to the Clifton Road, NE., Atlanta, Georgia for substances included on the priority public on or about October 17, 1999.

Document Hazardous substance CAS No.

1 ...... ASBESTOS ...... 001332±21±4 AMOSITE ASBESTOS ...... 012172±73±5 CHRYSOTILE ASBESTOS ...... 012001±29±5 2 ...... BENZIDINE ...... 000092±87±5 3 ...... 1,2-DICHLOROETHANE ...... 000107±06±2 4 ...... DI-N-BUTYL PHTHALATE ...... 000084±74±2 5 ...... METHYL PARATHION ...... 000298±00±0 6 ...... PENTACHLOROPHENOL ...... 000087±86±5

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.240 pfrm02 PsN: 15OCN1 55944 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

All profiles issued as ‘‘Drafts for I. Conduct Related to Conviction quinidine gluconate. With other Public Comment’’ represent ATSDR’s On October 21, 1994, the United members of Halsey’s management, Mr. best efforts to provide important States District Court for the District of Marcus discussed filing the required toxicological information on priority Maryland accepted Mr. Marcus’ plea of preapproval supplement to get FDA’s hazardous substances. We are seeking guilty to one count of conspiracy to approval for those changes. However, public comments and additional defraud the United States under 18 Mr. Marcus and other members of information which may be used to U.S.C. 371 and sentenced Mr. Marcus Halsey’s management realized that FDA supplement these profiles. ATSDR for the crime. The underlying facts would consider the changes significant remains committed to providing a supporting this felony conviction, and and would probably require an public comment period for these to which Mr. Marcus stipulated to in his expensive bioequivalence study to test the performance of Halsey’s alternate documents as a means to best serve plea agreement, are as follows: public health and our clients. Mr. Marcus was the president and formula. Because filing a preapproval supplement might require an additional Dated: October 8, 1999. chief executive officer of Halsey Drug bioequivalence study and delay Halsey’s Georgi Jones, Co., Inc. (Halsey), a generic drug manufacturer with facilities located in marketing of the product for years, Mr. Director, Office of Policy and External Affairs, Marcus and the others decided to Brooklyn, NY. Halsey had obtained Agency for Toxic Substances and Disease continue using the phony card system Registry. approval to market certain generic drug without filing a supplement. Mr. Marcus products. Master formulas approved in [FR Doc. 99–27025 Filed 10–14–99; 8:45 am] and other Halsey employees caused the abbreviated new drug applications BILLING CODE 4163±70±P batch number 2F24H of quinidine (ANDA’s) for those products specified gluconate 324-mg tablets to be the ingredients and manufacturing manufactured according to the DEPARTMENT OF HEALTH AND processes to be used. FDA regulations unapproved, phony card formula, HUMAN SERVICES required Halsey to maintain accurate introduced into interstate commerce, and contemporaneous written batch Food and Drug Administration and delivered to Baltimore, MD on records documenting the raw materials August 27, 1992. used and the manufacturing processes Halsey employees used alternate [Docket No. 99N±2674] followed for each batch of such generic formulas and created false batch records drug products. for other products, including Jay Marcus; Proposal to Debar; With Mr. Marcus’ knowledge and acetaminophen and codeine phosphate Opportunity for a Hearing sometimes at his direction or with his tablets, propylthiouracil tablets, and approval, Halsey employees responded AGENCY: Food and Drug Administration, metronidazole tablets. When an FDA to problems in the production of inspection in 1989 revealed HHS. Halsey’s products by reworking batches ACTION: Notice. irregularities at the company, Mr. without approval from FDA, including Marcus and others directed the creation on some occasions regrinding tablets SUMMARY: The Food and Drug of false batch records for acetaminophen and adding lubricants. To conceal these Administration (FDA) is proposing to and codeine phosphate tablets in an practices from FDA, Halsey employees issue an order under the Federal Food, attempt to cover up the phony card did not document these reworks on the Drug, and Cosmetic Act (the act) system. batch record. For some Halsey products, permanently debarring Mr. Jay Marcus During the course of manufacturing problems encountered in manufacturing from providing services in any capacity research and development batches, large production batches led Halsey to a person that has an approved or Halsey employees created false employees to develop alternate formulas pending drug product application. FDA paperwork for submission to FDA to and manufacturing processes that bases this proposal on a finding that Mr. make it appear that they had made more replaced the FDA-approved master Marcus was convicted of a felony under or larger batches than they actually formulas. These alternate formulas, kept Federal law for conspiracy to defraud made. Mr. Marcus later became aware of on handwritten ‘‘phony cards,’’ the United States. This notice also offers that conduct and participated in sometimes substituted unapproved Mr. Marcus an opportunity for a hearing conduct to cover up those falsifications. inactive ingredients. Although Halsey on the proposal. The agency is issuing Between August 23, 1989, and employees followed the phony card this notice in the Federal Register October 11, 1989, FDA inspected formulas, they created false batch because all other appropriate means of Halsey’s facilities to determine Halsey’s records that made it appear as though service of the notice upon Mr. Marcus compliance with the act. On or about Halsey had followed the FDA-approved August 29, 1989, Mr. Marcus directed a have proven ineffective. master formulas, with the intent to Halsey employee to create a falsified DATES: Submit written requests for a conceal the phony card system from raw material inventory card for hearing by November 15, 1999. FDA. fenoprofen calcium. Mr. Marcus knew ADDRESSES: Submit written requests for For the product quinidine gluconate that the raw material card falsely stated a hearing and supporting information to 324-milligram (mg) tablets, Halsey that Halsey had received 50 kilograms of the Dockets Management Branch (HFA– employees created a phony card formula fenoprofen calcium on September 11, 305), Food and Drug Administration, to solve a problem with the dissolution 1987. Mr. Marcus knew that in fact 5630 Fishers Lane, rm. 1061 Rockville, rate of large-scale production batches. Halsey had received half that amount. MD 20852. Quinidine gluconate is a medication The purpose of the falsification was to FOR FURTHER INFORMATION CONTACT: that treats irregular heartbeats. The conceal from FDA that Halsey did not Christine F. Rogers, Center for Drug phony card formula included additions have enough raw material from that Evaluation and Research (HFD–7), Food of the unapproved inactive ingredients shipment to manufacture its pilot and Drug Administration, 5600 Fishers magnesium stearate and stearic acid. batches in the sizes represented in Lane, Rockville, MD 20857, 301–594– Mr. Marcus became aware of the ANDA’s for the generic drug products 2041. unapproved deviations in the formula fenoprofen calcium 200-mg capsules, SUPPLEMENTARY INFORMATION: and manufacturing process for fenoprofen calcium 300-mg capsules,

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.198 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55945 and fenoprofen calcium 600-mg tablets. United States for knowingly permitting, D. Prior Convictions Mr. Marcus understood that the falsified and sometimes directing, employees of The agency is unaware of any raw material card would be provided to Halsey to manufacture prescription additional convictions. FDA inspectors that day, and in fact, the drugs according to formulas that falsified card was produced to FDA deviated from FDA-approved formulas. III. Proposed Action and Notice of inspectors that day. Mr. Marcus committed violations with Opportunity for a Hearing II. FDA’s Finding regard to three drugs: Quinidine Mr. Marcus’ willingness to cooperate gluconate tablets, acetaminophen and is outweighed by his leadership position Section 306(b)(2)(B)(i) of the act (21 codeine tablets, and fenoprofen calcium within Halsey and, moreover, by the U.S.C. 335a(b)(2)(B)(i)) permits FDA to tablets. Quinidine gluconate is used to seriousness of Mr. Marcus’ conduct with debar an individual if it finds that the respect to public safety and the integrity individual has been convicted of a treat irregular heartbeats; of the drug approval process. Thus, felony under Federal law for conspiracy acetaminophen and codeine are used to to commit a criminal offense related to treat mild to moderately severe pain; based on the findings discussed above, the development or approval, including fenoprofen calcium is used for the and in particular the seriousness of Mr. the process for the development or treatment of arthritis. Marcus’ conduct with respect to the public safety and the integrity of the approval, of any drug product, or The agency finds that Mr. Marcus’ drug approval process, FDA proposes to otherwise related to the regulation of conduct: (1) Created a risk of injury to issue an order under section drug products, and that the offense consumers; (2) potentially undermined 306(b)(2)(B) of the act debarring Mr. undermined the process for the the safety, effectiveness, and quality of Marcus for a period of 5 years from regulation of drugs. Mr. Marcus’ felony several drugs; and (3) otherwise conviction under 18 U.S.C. 371 for providing services in any capacity to a undermined the integrity of the drug person that has an approved or pending conspiracy to defraud the United States, approval and regulatory processes. Mr. specifically for conspiracy to submit drug product application. Marcus’ conduct created a risk of injury Under section 306(i) of the act and 21 false ANDA information to FDA, is a to consumers by marketing adulterated conviction related to the development CFR 10.50(c)(20), Mr. Marcus may drugs. Mr. Marcus’ conduct potentially request a hearing on disputed issues of or approval of drug products. undermined the safety, effectiveness, Submission of false information to an material fact. Thus, in accordance with and quality of several drugs by changing section 306 of the act and 21 CFR part ANDA undermines the process for the master formulas and adding unapproved regulation of drugs. Accordingly, the 12, Mr. Marcus is hereby given notice of ingredients. Mr. Marcus’ conduct an opportunity for a hearing to show agency finds that Mr. Marcus is eligible undermined the integrity of the drug for permissive debarment under section why he should not be debarred. If Mr. approval and regulatory process by 306(b)(2)(B)(i) of the act. Marcus decides to seek a hearing, he Under section 306(l)(2) of the act, leading FDA investigators to evaluate must file a written notice of appearance permissive debarment may be applied drugs different from those marketed by and request for hearing on or before when an individual acted or was Halsey and by providing to consumers November 15, 1999. The procedures and convicted within the 5 years preceding drugs that had not been approved by the requirements governing formal initiation of an agency action proposed FDA for distribution. Accordingly, the evidentiary hearings as applied to to be taken under section 306(b)(2)(B) of agency considers the conduct debarments are contained in 21 CFR the act. Under section 306(c)(2)(A)(iii) of underlying Mr. Marcus’ conviction an part 12 and section 306(i) of the act. the act, the agency may debar Mr. extremely unfavorable factor because Mr. Marcus’ failure to file a timely Marcus for up to 5 years for each Mr. Marcus’ actions potentially written notice of appearance and offense. FDA finds that Mr. Marcus is undermined the safety and effectiveness request for hearing constitutes a waiver eligible to be debarred for 5 years under of drugs used for life-threatening or of his right to a hearing. If Mr. Marcus section 306(b)(2)(B)(i) of the act because serious conditions. does not request a hearing in the he was convicted of one count of manner prescribed by the regulations, B. Nature and Extent of Management the agency will not hold a hearing and conspiracy to commit a crime relating to Participation in Any Offense the development or approval of drug will issue a final debarment order as products. Mr. Marcus was the president and proposed in this notice. Section 306(c)(3) of the act provides chief executive officer of Halsey. Mr. A request for a hearing may not rest several considerations for determining Marcus directed Halsey employees to upon mere allegations or denials but the appropriateness and the period of prepare false batch records. Among must present specific facts showing that there is a genuine and substantial issue permissive debarment. The other acts, Mr. Marcus caused a batch of of fact that requires a hearing. A hearing considerations applicable to a decision quinidine gluconate 324-mg tablets to be will be denied if the data and to debar an individual include: (1) manufactured according to an information Mr. Marcus submits, even if Nature and seriousness of the offense unapproved formula and to be accurate, are insufficient to justify the involved, (2) nature and extent of introduced into interstate commerce. factual determination urged. If it management participation in any Therefore, the agency considers the offense, (3) nature and extent of conclusively appears from the face of nature and extent of Mr. Marcus’ the information and factual analyses in voluntary steps to mitigate the impact participation an unfavorable factor. on the public, and (4) prior convictions Mr. Marcus’ request for a hearing that involving matters within the C. Nature and Extent of Voluntary Steps there is no genuine and substantial issue jurisdiction of the FDA. These to Mitigate the Impact on the Public of fact that would preclude the order of considerations are discussed below. debarment, the Commissioner of Food Mr. Marcus was willing to testify as and Drugs will deny Mr. Marcus’ A. Nature and Seriousness of the a witness for the Government, although request for a hearing and enter a final Offense Involved the government did not call him. order of debarment. The facts Mr. Marcus was convicted of one Accordingly, the agency considers Mr. underlying Mr. Marcus’ conviction are count of conspiracy to defraud the Marcus’ cooperation a favorable factor. not at issue in this proceeding.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.118 pfrm02 PsN: 15OCN1 55946 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Mr. Marcus’ request for a hearing, DEPARTMENT OF HEALTH AND from 8:30 a.m. to 4:30 p.m. local time including any information or factual HUMAN SERVICES in Englewood, CO at the location in the analyses relied on to justify a hearing, chart below. Food and Drug Administration must be identified with Docket No. Registration: Send registration 99N–2674 and sent to the Dockets Food and Drug Administration/Industry information (including name, title, firm Management Branch (address above). Exchange Workshop on Medical name, address, telephone, and fax Mr. Marcus must file four copies of all Device Quality Systems Inspection number) along with the correct payment submissions pursuant to this notice of Technique; Public Workshops; amount to the Registrar. Fees cover opportunity for hearing. The public Addendum refreshments, organization and site availability of information in these costs, and materials. Space is limited, submissions is governed by 21 CFR AGENCY: Food and Drug Administration, therefore interested parties are 10.20(j). Publicly available submissions HHS. encouraged to register early. Please may be seen in the Dockets Management ACTION: Notice. arrive early to ensure prompt Branch between 9 a.m. and 4 p.m., registration. If you need special SUMMARY: The Food and Drug Monday through Friday. Administration (FDA), is announcing an accomodations due to a disability, This notice is issued under section additional workshop in the series of please inform the Registrar at least 7 306 of the act and under authority FDA/Industry Exchange Workshops days in advance of the workshop. A delegated to the Director of the Center being conducted. The original list of sample registration form is provided at for Drug Evaluation and Research (21 workshops was published in the the end of this document. CFR 5.99). September 10, 1999 Federal Register. Contact Person: Herman B. Janiger, Dated: September 30, 1999. Topics for discussion include: U.S. Food and Drug Administration, Development of QSIT, Compliance Northeast Region, (HFRNE–17), 850 Janet Woodcock, Program and Warning Letter (Pilot), Third Ave., Brooklyn, New York 11232, Director, Center for Drug Evaluation and Management Controls, Corrective and 718–340–7000 ext. 5528. Research. Preventive Action, Design Controls, and SUPPLEMENTARY INFORMATION: [FR Doc. 99–26938 Filed 10–14–99; 8:45 am] Industry Perspective of QSIT. This BILLING CODE 4160±01±F additional workshop will enhance the In the fall of 1999, FDA field offices medical device community’s will begin using the QSIT natiowide as understanding of QSIT, and the device the primary tool for medical device industry’s establishment of effective inspections. QSIT was developed using quality systems, thereby preventing a collaborative effort with stakeholders regulatory problems during inspections. and tested in the three districts. The Date, Time, and Location: The additional workshop is scheduled as workshop will be held on November 30 follows:

TABLE 1

Deadline to Register and Workshop Address Date and Local Time Fee Registrar and Cosponsor FDA Contact Person

ENGLEWOOD: Hilton Tuesday, November 30, Tuesday, November 16, Denise Rooney, Associa- Brenda C. Baumert, Small Hotel, Denver Tech Cen- 1999, 8:30 a.m. to 4:30 1999, $170.00 tion of Food and Drug Business Representa- ter South, 7801 Orchard p.m. Officials, P.O. Box 3425, tive, Southwest Regional Rd., Englewood, CO York PA 17402, 717± Office, 214±655±810, 303±779±6161. 757±2888, FAX 717± ext. 133. 755±8089

The above workshop further expertise. It also complies with the also be accessed at the CDRH website at implements the FDA Plan for Statutory Small Business Regulatory Enforcement http://www.fda.gov/cdrh/fedregin.html. Compliance (developed under section Fairness Act (Public Law 104–121) that The following information is requested 406 of the FDA Modernization Act (21 requires outreach activities by for registration: U.S.C. 393)) through working more Government agencies directed to small BILLING CODE 4160±01±F closely with stakeholders and ensuring businesses. This notice announcing the access to needed scientific and technical workshops and a registration form may

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.118 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55947

Dated: October 6, 1999. Margaret M. Dotzel, Acting Associate Commissioner for Policy. [FR Doc. 99–26804 Filed 10–14–99; 8:45 am] BILLING CODE 4160±01±C

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.119 pfrm02 PsN: 15OCN1 55948 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

DEPARTMENT OF HEALTH AND dioxins in the human food supply back DEPARTMENT OF HEALTH AND HUMAN SERVICES to a mined clay anti-caking agent, called HUMAN SERVICES ball clay, used in animal feeds and feed Food and Drug Administration ingredients. Together, industry and Health Care Financing Administration Government moved to swiftly eliminate [Docket No. 99D±4201] [Document Identifier: HCFA±4040] the use of ball clay in the animal feeds, Guidance for Industry: Dioxin in Anti- and thereby, removed a source of Agency Information Collection caking Agents Used in Animal Feed dioxins in the human food chain. Activities: Proposed Collection; and Feed Ingredients; Availability On October 7, 1997, FDA sent a letter Comment Request regarding this issue to members of the AGENCY: Food and Drug Administration, feed industry. In that letter, we stated AGENCY: Health Care Financing HHS. that the ultimate origin and the scope of Administration, HHS. In compliance with the requirement ACTION: Notice. dioxin presence in clay deposits were unknown and, for that reason, mined of section 3506(c)(2)(A) of the SUMMARY: The Food and Drug clay products of all types should be Paperwork Reduction Act of 1995, the Administration (FDA) is announcing the used with caution in the production of Health Care Financing Administration availability of a guidance for industry animal feeds. We advised companies (HCFA), Department of Health and entitled ‘‘Dioxin in Anti-caking Agents offering mined clay products for animal Human Services, is publishing the Used in Animal Feed and Feed feed uses to ensure that their products following summary of proposed Ingredients.’’ The guidance is intended were not contaminated with dioxins. collections for public comment. to notify members of the feed industry Since that time, FDA has been Interested persons are invited to send of recent findings regarding the collecting additional data. The comments regarding this burden presence of dioxins in mined clays that information thus far indicates that estimate or any other aspect of this may be used as anti-caking agents in dioxins can be present in mined clay collection of information, including any animal feeds and to offer general advice products other than ball clay and that of the following subjects: (1) The regarding monitoring of these clays. dioxin congeners other than 2,3,7,8- necessity and utility of the proposed DATES: October 15, 1999. Submit written tetrachlorodibenzodioxin may be information collection for the proper comments at any time. present in important amounts. The performance of the agency’s functions; guidance that is the subject of this (2) the accuracy of the estimated ADDRESSES: Submit written comments notice summarizes the data and suggests burden; (3) ways to enhance the quality, to the Dockets Management Branch the need for increased caution in utility, and clarity of the information to (HFA–305), Food and Drug industry surveillance for dioxins in feed be collected; and (4) the use of Administration, 5630 Fishers Lane, rm. ingredients. automated collection techniques or 1061, Rockville, MD 20852. This guidance document is being other forms of information technology to Copies of this guidance document issued as a Level 1 guidance consistent minimize the information collection may be obtained on the Internet from with FDA’s good guidance practices (62 burden. the CVM home page at http:// FR 8961, February 27, 1997). It is being Type of Information Collection www.fda.gov/cvm/fda/TOCs/ implemented immediately without prior Request: Extension of a currently guideline.html. Persons without internet public comment because of concern for approved collection; access may submit written requests for public health. The guidance represents Title of Information Collection: single copies of the draft guidance to the the agency’s current thinking on the Request for Enrollment in Communications Staff (HFV–12), Center implications of dioxins in mined clays Supplementary Medical Insurance and for Veterinary Medicine, Food and Drug used in animal feeds and feed Supporting Regulations in 42 CFR Administration, 7500 Standish Pl., ingredients. It does not create or confer 407.10 and 407.11; Rockville, MD 20855. Send one self- any rights for or on any person and does Form No.: HCFA–4040 (OMB #0938– addressed adhesive label to assist that not operate to bind FDA or the public. 0245); office in processing your requests. An alternative approach may be used if Use: The HCFA–4040 is used to FOR FURTHER INFORMATION CONTACT: such approach satisfies the establish entitlement to Supplementary For general questions regarding the requirements of the applicable statute, Medical Insurance by Beneficiaries not guidance document: Judy A. regulations, or both. eligible under Part A of Title XVIII or Gushee, Center for Veterinary Interested persons may submit written Title II of the Social Security Act. The Medicine (HFV–230), Food and comments on the guidance to the HCFA–4040SP is the Spanish edition of Drug Administration, 7500 Standish Dockets Management Branch (address this form.; Pl., Rockville, MD 20855, 301–827– above). Two copies of any comments are Frequency: Other: One Time Only; 0150, e-mail: [email protected]. to be submitted, except that individuals Affected Public: Individuals or For scientific questions regarding the may submit one copy. Comments are to Households, Federal Government, and guidance document: Randall A. be identified with the docket number State, Local or Tribal Government; Lovell, Center for Veterinary found in brackets in the heading of this Number of Respondents: 10,000; Medicine (HFV–222), Food and document. The guidance and received Total Annual Responses: 10,000; Drug Administration, 7500 Standish comments are available for public Total Annual Hours: 2,500. Pl., Rockville, MD 20855, 301–827– examination in the Dockets To obtain copies of the supporting 0176, e-mail: [email protected]. Management Branch between 9 a.m. and statement and any related forms for the SUPPLEMENTARY INFORMATION: FDA is 4 p.m., Monday through Friday. proposed paperwork collections announcing the availability of a referenced above, access HCFA’s Web guidance for industry entitled ‘‘Dioxin Dated: October 5, 1999. Site address at http://www.hcfa.gov/ in Anti-caking Agents Used in Animal Margaret M. Dotzel, regs/prdact95.htm, or E-mail your Feed and Feed Ingredients.’’ Nearly 2 Acting Associate Commissioner for Policy. request, including your address, phone years ago, a multiagency investigation [FR Doc. 99–26886 Filed 10–14–99; 8:45 am] number, OMB number, and HCFA tracked a previously unknown source of BILLING CODE 4160±01±F document identifier, to

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.120 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55949

[email protected], or call the Reports Use: The Medicare program requires ACTION: Notice of meeting. Clearance Office on (410) 786–1326. as a condition for Medicare Part A Written comments and payment for post-hospital skilled SUMMARY: This notice announces a recommendations for the proposed nursing facility (SNF) services, that a public meeting to provide information collections must be mailed physician must certify and periodically Medicare+Choice Organizations within 60 days of this notice directly to recertify that a beneficiary requires a (M+COs), providers, practitioners, and the HCFA Paperwork Clearance Officer SNF level of care. The physician other interested parties an opportunity designated at the following address: certification and recertification is to ask questions and raise issues HCFA, Office of Information Services, intended to ensure that the beneficiary’s regarding encounter data collection for Security and Standards Group, Division need for services has been established risk adjustment. The meeting will and then reviewed and updated at of HCFA Enterprise Standards; address the following topics: appropriate intervals. The Attention: Dawn Willinghan, Room N2– • 14–26, 7500 Security Boulevard, documentation is a condition for Collection of physician encounter Baltimore, Maryland 21244–1850. Medicare Part A payment for post- data. hospital SNF care.; • Collection of hospital outpatient Dated: October 6, 1999. Frequency: On occasion; John Parmigiani, encounter data. Affected Public: State, Local or Tribal • Manager, HCFA Office of Information Government, individuals or households, Training and customer support Services, Security and Standards Group, business or other for-profit, and not-for- services. Division of HCFA Enterprise Standards. profit institutions; DATES: The meeting is scheduled for [FR Doc. 99–26996 Filed 10–14–99; 8:45 am] Number of Respondents: 2,038,248; November 1, 1999 from 9 a.m. until 4 BILLING CODE 4120±03±P Total Annual Responses: 947,816; Total Annual Hours: 417,239. p.m., e.s.t. To obtain copies of the supporting ADDRESSES: The meeting will be held in DEPARTMENT OF HEALTH AND statement and any related forms for the the HCFA Auditorium, 7500 Security HUMAN SERVICES proposed paperwork collections Boulevard, Baltimore, Maryland, 21244– referenced above, access HCFA’s Web 1850. Health Care Financing Administration Site address at http://www.hcfa.gov/ regs/prdact95.htm, or E-mail your FOR FURTHER INFORMATION CONTACT: [Document Identifier: HCFA±R±5] request, including your address, phone Yvette Cooper-Williams, (410) 786– Agency Information Collection number, OMB number, and HCFA 5644, [email protected]. document identifier, to Activities: Proposed Collection; SUPPLEMENTARY INFORMATION: Comment Request [email protected], or call the Reports Clearance Office on (410) 786–1326. Background AGENCY: Health Care Financing Written comments and Administration, HHS. recommendations for the proposed The Balanced Budget Act of 1997 In compliance with the requirement information collections must be mailed (BBA) (Public Law 105–33) established of section 3506(c)(2)(A) of the within 60 days of this notice directly to the Medicare+Choice program that Paperwork Reduction Act of 1995, the the HCFA Paperwork Clearance Officer significantly expanded the health care Health Care Financing Administration designated at the following address: options available to Medicare (HCFA), Department of Health and HCFA, Office of Information Services, beneficiaries. Under the BBA, the Human Services, is publishing the Security and Standards Group, Division Secretary of the Department of Health following summary of proposed of HCFA Enterprise Standards; and Human Services (the Secretary) collections for public comment. Attention: Dawn Willinghan, Room N2– must implement a risk adjustment Interested persons are invited to send 14–26, 7500 Security Boulevard, methodology that accounts for comments regarding this burden Baltimore, Maryland 21244–1850. variations in per capita costs based on estimate or any other aspect of this Dated: October 5, 1999. health status and other demographic collection of information, including any John Parmigiani, factors for payment to Medicare+Choice of the following subjects: (1) The necessity and utility of the proposed Manager, HCFA Office of Information organizations (M+COs). Risk adjustment Services, Security and Standards Group, implementation must start no later than information collection for the proper Division of HCFA Enterprise Standards. performance of the agency’s functions; January 1, 2000. The BBA also gives the [FR Doc. 99–26997 Filed 10–14–99; 8:45 am] (2) the accuracy of the estimated Secretary the authority to collect burden; (3) ways to enhance the quality, BILLING CODE 4120±03±P inpatient hospital data for discharges on utility, and clarity of the information to or after July 1, 1997, and additional data for services occurring on or after July 1, be collected; and (4) the use of DEPARTMENT OF HEALTH AND automated collection techniques or HUMAN SERVICES 1998. The schedule for encounter data other forms of information technology to submission through June 30, 2001 is as minimize the information collection Health Care Financing Administration follows: burden. [HCFA±1091±N] • September 10, 1999: Deadline for Type of Information Collection submission of Year 2 data (dates of Request: Extension of a currently Medicare Program; Open Public approved collection; Meeting on November 1, 1999 To Title of Information Collection: Discuss Activities Related to the Physician Certifications/Recertifications Collection of Encounter Data From in Skilled Nursing Facilities (SNFs) Medicare+Choice Organizations for Manual Instructions and Supporting Risk Adjustment Regulations in 42 CFR 424.20; Form No.: HCFA–R–5 (OMB #0938– AGENCY: Health Care Financing 0454); Administration (HCFA), HHS.

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 55950 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices service July 1, 1998 through June 30, furnish information and raise issues U.S.C., as amended. The discussions 1999) for CY 2000 payment. pertaining to future encounter data could reveal information of a personal • June 30, 2000: Deadline for collection for risk adjustment. The nature where disclosure would submission of Year 2 data for purposes agenda will include short presentations constitute a clearly unwarranted of final reconciliation of CY 2000 by HCFA staff on related topics and will invasion of personal privacy and the payments. Last date of service that will conclude with a question-and-answer premature disclosure of discussions be accepted in abbreviated UB–92 session. related to personnel and programmatic format. Registration issues would be likely to significantly • September 8, 2000: Deadline for frustrate the subsequent implementation submission of Year 3 data (dates of Registration for this one-day public of recommendations. meeting is required and will be on a service July 1, 1999 through June 30, Name of Committee: Board of Scientific 2000) for CY 2001 payment. first-come, first-serve basis, limited to • Counselors, National Cancer Institute October 1, 2000: Submission of two attendees per organization. A Subcommittee A—Clinical Sciences and physician data begins. waiting list will be available for Eidemiology. • December 31, 2000: Last date to additional requests. Registration will be Date: November 15, 1999. submit abbreviated UB–92 (with dates done via the Internet at www.hcfa.gov/ Time: 8:30 am to 4:00 pm. of service not later than June 30, 2000). events or by paper forms available at the Agenda: To review and evaluate Site Visit • January 1, 2001: Submission of aforementioned Internet address. A Reports; Discussion of personnel and hospital outpatient data begins, with confirmation notice will be sent to programmatic issues. dates of services retroactive to October attendees upon finalization of Place: National Cancer Institute, Building 1, 2000. registration. 31, C Wing, 6th Floor, Conference Room 6, • January 30, 2001: Reconciliation of Attendees will be provided with 9000 Rockville Pike, Bethesda, MD 20892. meeting materials at the time of the Contact Person: Maureen Johnson, PhD., CY 2000 payments to include all Year Executive Secretary, Institute Review Office, 2 data submitted by June 30, 2000. meeting. We will accept written Office of the Director, National Cancer We have decided to implement a questions or requests for meeting Institute, National Institutes of Health, 6116 transition to comprehensive risk materials either before the meeting or up Executive Boulevard, Room 321, Bethesda, adjustment. The principal inpatient to 14 days after the meeting. Written MD 20892, (301) 496–7628. diagnostic cost group (PIP–DCG) model submissions must be sent to: Health (Catalogue of Federal Domestic Assistance will be used in initial risk adjustment Care Financing Administration, ATTN: Program Nos. 93.392, Cancer Construction; and a comprehensive risk adjustment Yvette Cooper-Williams, Room C4–14– 93.393, Cancer Cause and Prevention model using diagnoses from physician, 21, 7500 Security Boulevard, Baltimore, Research; 93.394, Cancer Detection and hospital outpatient, and physician Maryland 21244–1850. Diagnosis Research; 93.395, Cancer encounters will be implemented in CY You may contact Yvette Cooper- Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 2004. The transition schedule (as stated Williams at: Telephone Number: (410) 786–5644, Fax Number (410) 786–1048, 93.398, Cancer Research Manpower; 93.399, in the January 15, 1999 advance notice Cancer Control, National Institutes of Health, to M+COs) to the comprehensive model E-mail: [email protected]. HHS) is as follows: Authority: Sections 1851 through 1859 of Dated: October 7, 1999. • CY 2000: 90 percent demographic the Social Security Act (42 U.S.C. 1395w-21 LaVerne Y. Stringfield, model with 10 percent PIP–DCG through 1395w-28). Director, Office of Federal Advisory Policy. method. (Catalog of Federal Domestic Assistance • CY 2001: 70 percent demographic Program No. 93.773 Medicare—Hospital [FR Doc. 99–26922 Filed 10–14–99; 8:45 am] model with 30 percent PIP–DCG Insurance Program; and No. 93.774, BILLING CODE 4140±01±M method. Medicare—Supplementary Medical • CY 2002: 45 percent demographic Insurance Program) model with 55 percent PIP–DCG Dated: October 12, 1999. DEPARTMENT OF HEALTH AND method. Michael M. Hash, HUMAN SERVICES • CY 2003: 20 percent demographic Deputy Administrator, Health Care Financing National Institutes of Health model with 80 percent PIP–DCG Administration. method. [FR Doc. 99–27027 Filed 10–14–99; 8:45 am] • National Cancer Institute; Notice of CY 2004: 100 percent BILLING CODE 4120±01±P Meeting comprehensive risk adjustment (using full encounter data). Pursuant to section 10(d) of the We are announcing a public meeting DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as to provide an opportunity for M+COs, HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice providers, practitioners, and other is hereby given of the meeting of the interested parties to ask questions and National Institutes of Health Board of Scientific Counselors, National raise issues regarding encounter data National Cancer Institute; Notice of Cancer Institute. collection for risk adjustment from The meeting will be open to the Meeting M+COs. We intend to discuss our data public as indicted below, with collection efforts, systems processes, Pursuant to section 10(d) of the attendance limited to space available. training approach, and customer Federal Advisory Committee Act, as Individuals who plan to attend and services in order to provide information amended (5 U.S.C. Appendix 2), notice need special assistance, such as sign related to the implementation of the is hereby given of the meeting of the language interpretation or other collection of additional encounter data. Board of Scientific Counselors, National reasonable accommodations, should We are announcing this public Cancer Institute. notify the Contact Person listed below meeting to provide an opportunity for The meeting will be closed to the in advance of the meeting. individuals and organizations familiar public in accordance with the The meeting will be closed to the with issues related to physician and provisions set forth in sections public in accordance with the hospital outpatient data collection to 552b(c)(6), and 552b(c)(9)(B), Title 5 provisions set forth in sections

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.121 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55951

552b(c)(6) and 552b(c)(9)(B), Title 5 DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND U.S.C., as amended. The discussions HUMAN SERVICES HUMAN SERVICES could reveal information of a personal nature where disclosure would National Institutes of Health National Institutes of Health constitute a clearly unwarranted National Institute of Allergy and invasion of personal privacy and the National Eye Institute; Notice of Meeting Infectious Diseases; Notice of Closed premature disclosure of discussions Meeting related to personnel and programmatic Pursuant to section 10(d) of the issues would be likely to significantly Pursuant to section 10(d) of the Federal Advisory Committee Act, as frustrate the subsequent implementation Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice of recommendations. amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the is hereby given of the following Name of Committee: Board of Scientific National Advisory Eye Council. meeting. Counselors, National Cancer Institute The meeting will be open to the The meeting will be closed to the Subcommittee B—Basic Sciences. public in accordance with the Date: November 7–8, 1999. public as indicated below, with attendance limited space available. provisions set forth in sections Open: November 7, 1999, 7:00 p.m. to 7:40 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Individuals who plan to attend and p.m. as amended. The grant applications and need assistance, sign language Agenda: Chairman’s Remarks and Concept the discussions could disclose Review of the NCI Frederick System of interpretation or other reasonable confidential trade secrets or commercial Contracts. accommodations, should notify the property such as patentable material, Place: Hyatt Regency Bethesda, Diplomat/ Contact Person listed below in advance and personal information concerning Ambassador Suites, One Bethesda Metro of the meeting. individuals associated with the grant Center, Bethesda, MD 20814. The meeting will be closed to the applications, the disclosure of which Closed: November 7, 1999, 7:40 p.m. to public in accordance with the would constitute a clearly unwarranted 8:50 p.m. provisions set forth in sections invasion of personal privacy. Agenda: To review and evaluate personal 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of qualifications and performance, and as amended. The grant applications and Allergy and Infectious Diseases Special competence of individual investigators. the discussions could disclose Emphasis Panel, Center for AIDS Research. Place: Hyatt Regency Bethesda, Diplomat/ confidential trade secrets or commercial Date: November 3–4, 1999. Ambassador Suites, One Bethesda Metro Time: 8:30 a.m. to 5:30 p.m. Center, Bethesda, MD 20814. property such as patentable material, Agenda: To review and evaluate grant and personal information concerning Closed: November 8, 1999, 8:00 a.m. to applications. 5:00 p.m. individuals associated with the grant Place: The Governor’s House Hotel, State Room, 1615 Rhode Island Ave., NW, Agenda: To review and evaluate individual applications, the disclosure of which Washington, DC 20036, 202–296–2100. Principal Investigators; Site Visit Reports; would constitute a clearly unwarranted invasion of personal privacy. Contact Person: Edward W. Schroder, Division Director’s Report and Discussion of Scientific Review Administrator, Scientific personnel and programmatic issues. Name of Committee: National Advisory Review Program, Division of Extramural Place: National Cancer Institute, Building Eye Council. Activities, NIAID, NIH, Room 2156, 6700–B 31, C Wing, 6th Floor, Conference Rooms 6 Date: October 29, 1999. Rockledge Drive, MSC 7610, Bethesda, MD and 7, 9000 Rockville Pike, Bethesda, MD Open: 8:30 a.m. to 11:30 a.m. 20892–7610, 301–496–2550. 20892. Agenda: Following opening remarks by the (Catalogue of Federal Domestic Assistance Contact Person: Florence E. Farber, Ph.D., Director, NEI, there will be presentations by Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Executive Secretary, Institute Review Office, the staff of the Institute and discussions Office of the Director, National Cancer Microbiology and Infectious Diseases concerning Institute programs and policies. Research, National Institutes of Health, HHS) Institute, National Institutes of Health, 6116 Place: 6120 Executive Blvd., EPN Dated: October 6, 1999. Executive Boulevard, Room 318, Bethesda, Conference Room J, Rockville, MD 20852. LaVerne Y. Stringfield, MD 20892, (301) 496–7628. Closed: 11:30 a.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory Agenda: To review and evaluate grant Committee Policy, NIH. Program Nos. 93.392, Cancer Construction; applications. [FR Doc. 99–26914 Filed 10–14–99; 8:45 am] 93.393, Cancer Cause and Prevention Place: 6120 Executive Blvd., EPN Research; 93.394, Cancer Detection and Conference Room J, Rockville, MD 20852. BILLING CODE 4140±01±M Diagnosis Research; 93.395, Cancer Contact Person: Lois DeNinno, National Treatment Research; 93.396, Cancer Biology Eye Institute, Executive Plaza South, Suite Research; 93.397, Cancer Centers Support; DEPARTMENT OF HEALTH AND 350, 6120 Executive Blvd., MSC 7167, HUMAN SERVICES 93.398, Cancer Research Manpower; 93.399, Bethesda, MD 20892 301–496–9110. Cancer Control, National Institutes of Health, (Catalogue of Federal Domestic Assistance National Institutes of Health HHS) Program Nos. 93.867, Vision Research, Dated: October 7, 1999. National Institutes of Health, HHS) National Institute of Diabetes and LaVerne Y. Stringfield, Dated October 5, 1999. Digestive and Kidney Diseases; Notice of Closed Meeting Director, Office of Federal Advisory Policy. LaVerne Y. Stringfield, [FR Doc. 99–26923 Filed 10–14–99; 8:45 am] Director, Office of Federal Advisory Pursuant to section 10(d) of the BILLING CODE 4140±01±M Committee Policy. Federal Advisory Committee Act, as [FR Doc. 99–26917 Filed 10–14–99; 8:45 am] amended (5 U.S.C. Appendix 2), notice BILLING CODE 4140±01±M is hereby given of a meeting of the Board of Scientific Counselors, NIDDK. The meeting will be closed to the public as indicated below in accordance

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 55952 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices with the provisions set forth in section Name of Committee: National Institute of attendance limited to space available. 552b(c)(b), Title 5 U.S.C., as amended Diabetes and Digestive and Kidney Diseases Individuals who plan to attend and for the review, discussion, and Special Emphasis Panel, ZDK1 GRB–1 (J1)P. need special assistance, such as sign Date: November 3–4, 1999. evaluation of individual intramural Time: 7:00 am to 7:00 pm. language interpretation or other programs and projects conducted by the Agenda: To review and evaluate grant reasonable accommodations, should NATIONAL INSTITUTE OF DIABETES applications. notify the Contact Person listed below AND DIGESTIVE AND KIDNEY Place: Holiday Inn, 5520 Wisconsin Ave, in advance of the meeting. DISEASES, including consideration of Palladian West, Chevy Chase, MD 20815. The meeting will be closed to the personnel qualifications and Contact Person: Carolyn Miles, PhD, public as indicated below in accordance performance, and the competence of Scientific Review Administrator, Review with the provisions set forth in section individual investigators, the disclosure Branch, DEA, NIDDK, Natcher Building, 552b(c)(6), Title 5 U.S.C., as amended Room 6AS–43A, National Institutes of for the review, discussion, and of which would constitute a clearly Health, Bethesda, MD 20892, (301) 594–7791. unwarranted invasion of personal evaluation of individual intramural Name of Committee: National Institute of privacy. Diabetes and Digestive and Kidney Diseases programs and projects conducted by the Name of Committee: Board of Scientific Special Emphasis Panel, ZDK1 GRB–2 (J1)P. NATIONAL INSTITUTE ON DEAFNESS Counselors, NIDDK. Date: November 15–16, 1999. AND OTHER COMMUNICATION Date: November 17–19, 1999. Time: 8:00 am to 5:00 pm. DISORDERS, including consideration of Time: November 17, 1999, 6:00 PM to Agenda: To review and evaluate grant personnel qualifications and Adjournment. applications. performance, and the competence of Agenda: To review and evaluate personal Place: Doubletree Hotel, 1750 Rockville individual investigators, the disclosure qualifications and performance, and Pike, Rockville, MD 20852. of which would constitute a clearly competence of individual investigators. Contact Person: Shan S. Wong, PhD, unwarranted invasion of personal Place: National Institutes of Health, Scientific Review Administrator, Review Building 5, Room 127, Bethesda, MD 20892. Branch, DEA, NIDDK, Natcher Building, privacy. Contact Person: Allen M. Spiegel, MD. Dir, Room 6 AS 25, National Institutes of Health, Name of Committee: Board of Scientific Division of Intramural Research, National Bethesda, MD 20892, (301) 594–7797. Counselors, NIDCD. Institute of Diabetes and Digestive and Name of Committee: National Institute of Date: November 5, 1999. Kidney Diseases, National Institutes of Diabetes and Digestive and Kidney Diseases Open: 9:30 am to 9:55 am. Health, PHS, DHHS, Bethesda, MD 20892. Special Emphasis Panel, ZDK1 GRB–5 J3. Agenda: For a report from the Scientific (Catalogue of Federal Domestic Assistance Date: November 23, 1999. Director, NIDCD. Program Nos. 93.847, Diabetes, Time: 1:00 pm to 2:00 pm. Place: 5 Research Court, Conference Room Endocrinology and Metabolic Research; Agenda: To review and evaluate grant 2A07, Rockville, MD 20850. 93.848, Digestive Diseases and Nutrition applications. Closed: 9:55 AM to adjournment. Research; 93.849, Kidney Diseases, Urology Place: 45 Center Drive, Rm./6AS–37E, Agenda: To review and evaluate personal and Hematology Research, National Institutes Bethesda, MD 20892, (Telephone Conference qualifications and performance, and of Health, HHS) Call). competence of individual investigators. Dated: October 6, 1999. Contact Person: Francisco O. Calvo, PhD, Place: 5 Research Court, Conference Room LaVerne Y. Stringfield, Chief, Special Emphasis Panel, Review 2A07, Rockville, MD 20850. Branch, DEA, NIDDK, National Institutes of Contact Person: Robert J. Wenthold, PhD., Director, Office of Federal Advisory Health, Room 6AS37D, Bldg. 45, Bethesda, Acting Director, Division of Intramural Committee Policy. MD 20892, (301) 594–8897. Research, National Institute on Deafness and [FR Doc. 99–26915 Filed 10–14–99; 8:45 am] (Catalogue of Federal Domestic Assistance Other Communication Disorders, 5 Research BILLING CODE 4140±01±M Program Nos. 93.847, Diabetes, Court, Room 2B28, Rockville, MD 20852, Endocrinology and Metabolic Research; 301–402–2829. 93.848, Digestive Diseases and Nutrition (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Research; 93.849, Kidney Diseases, Urology Program Nos. 93.173, Biological Research HUMAN SERVICES and Hematology Research, National Institutes Related to Deafness and Communicative of Health, HHS) Disorders, National Institutes of Health, HHS) National Institutes of Health Dated: October 6, 1999. Dated: October 5, 1999. LaVerne Y. Stringfield, LaVerne Y. Stringfield, National Institute of Diabetes and Digestive and Kidney Diseases; Notice Director, Office of Federal Advisory Director, Office of Federal Advisory Committee Policy. Committee Policy. of Closed Meetings [FR Doc. 99–26918 Filed 10–14–99; 8:45 am] [FR Doc. 99–26919 Filed 10–14–99; 8:45 am] Pursuant to section 10(d) of the BILLING CODE 4140±01±M BILLING CODE 4140±01±M Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND meetings. HUMAN SERVICES HUMAN SERVICES The meetings will be closed to the public in accordance with the National Institutes of Health National Institutes of Health provisions set forth in sections National Institute on Deafness and National Institute on Alcohol Abuse 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Other Communication Disorders; and Alcoholism; Notice of Closed as amended. The grant applications and Notice of Meeting Meeting the discussions could disclose confidential trade secrets or commercial Pursuant to section 10(d) of the Pursuant to section 10(d) of the property such as patentable material, Federal Advisory Committee Act, as Federal Advisory Committee Act, as and personal information concerning amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice individuals associated with the grant is hereby given of a meeting of the is hereby given of the following meting. applications, the disclosure of which Board of Scientific Counselors, NIDCD. The meeting will be closed to the would constitute a clearly unwarranted The meeting will be open to the public in accordance with the invasion of personal privacy. public as indicated below, with provisions set forth in sections

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.127 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55953

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: October 5, 1999. Name of Committee: Center for Scientific as amended. The grant applications and LaVerne Y. Stringfield, Review Special Emphasis Panel. Date: October 21–22, 1999. the discussions could disclose Director, Office of Federal Advisory Time: 8:30 am to 5:00 pm. Committee Policy. confidential trade secrets or commercial Agenda: To review and evaluate grant property such as patentable material, [FR Doc. 99–26916 Filed 10–14–99; 8:45 am] applications. and personal information concerning BILLING CODE 4140±01±M Place: Wyndham Biscayne Bay, Miami, FL individuals associated with the grant 33132. applications, the disclosure of which Contact Person: Carole Jelsema, Phd., would constitute a clearly unwarranted DEPARTMENT OF HEALTH AND Scientific Review Administrator, National invasion of personal privacy. HUMAN SERVICES Institutes of Health, 6701 Rockledge Drive, Room 5222, MSC 7850, Bethesda, MD 20892, Name of Committee: National Institute on National Institutes of Health (303) 435–1248. Alcohol Abuse and Alcoholism Special This notice is being published less than 15 Emphasis Panel. Center For Scientific Review; Notice of days prior to the meeting due to the timing Date: October 19, 1999. limitations imposed by the review and Time: 11:00 am to 12:30 pm. Closed Meetings funding cycle. Agenda: To review and evaluate grant Pursuant to section 10(d) of the Name of Committee: Center for Scientific applications. Federal Advisory Committee Act, as Review Special Emphasis Panel, ZRG1 SSS– Place: 6000 Executive Blvd., Suite 409, W (24). Rockville MD 20852 (Telephone Conference amended (5 U.S.C. Appendix 2), notice Date: October 24, 1999. Call). is hereby given of the following Time: 4:00 pm to 9:00 pm. Contact Person: Mark R. Green, Phd., meetings. Agenda: To review and evaluate grant Chief, Extramural Project Review Branch, The meetings will be closed to the applications. National Institute on Alcohol Abuse and public in accordance with provisions set Place: Holiday Inn Bethesda, 8120 Alcoholism, National Institutes of Health, forth in sections 552b(c)(4) and Wisconsin Ave, Bethesda, MD 20814. Suite 409, 6000 Executive Blvd., Bethesda, 552b(c)(6), Title 5 U.S.C., as amended. Contact Person: Dharam S. Dhindsa, DVM, PhD, Scientific Review Administrator, Center MD 20892, 301–443–2860, The grant applications and the [email protected]. for Scientific Review, National Institutes of discussions could disclose confidential Health, 6701 Rockledge Drive, Room 5126, This notice is being published less than 15 trade secrets or commercial property days prior to the meeting due to the timing MSC 7854, Bethesda, MD 20892, (301) 435– limitations imposed by the review and such as patentable materials, and 1174, [email protected]. funding cycle. personal information concerning Name of Committee: Center for Scientific individuals associated with the grant Review Special Emphasis Panel, ZRG1 SSS– (Catalogue of Federal Domestic Assistance W (26). Program Nos. 93.271, Alcohol Research applications, the disclosure of which Date: October 25–26, 1999. Career Development Awards for Scientists would constitute a clearly unwarranted invasion of personal privacy. Time: 8:00 am to 5:00 pm. and Clinicians; 93.272, Alcohol National Agenda: To review and evaluate grant Research Service Awards for Research Name of Committee: Center for Scientific applications. Training; 93.273, Alcohol Research Programs; Review Special Emphasis Panel, The History Place: Holiday Inn Bethesda, 8120 93.891, Alcohol Research Center Grants, of Medicine Study Section. Wisconsin Ave, Bethesda, MD 20814. National Institutes of Health, HHS) Date: October 18, 1999. Contact Person: Dharam S. Dhindsa, DVM, Dated: October 7, 1999. Open: 8:30 am to 5:00 pm. Phd, Scientific Review Administrator, Center LaVerne Y. Stringfield, Agenda: To review and evaluate grant for Scientific Review, National Institutes of Director, Office of Federal Advisory applications. Health, 6701 Rockledge Drive, Room 5126, Committee Policy. Place: Bethesda Holiday Inn, 8120 MSC 7854, Bethesda, MD 20892, (301) 435– Wisconsin Avenue, Bethesda, MD 20814. 1174, [email protected]. [FR Doc. 99–26921 Filed 10–14–99; 8:45 am] Contact Person: Luigi Giacometti, PhD., Name of Committee: Endoocrinology and BILLING CODE 9140±01±M Scientific Review Administrator, Center for Reproductive Sciences Initial Review Group Scientific Review, National Institutes of Reproductive Endocrinology Study Section. Health, 6710 Rockledge Drive, Room 5208, Date: October 25–26, 1999. DEPARTMENT OF HEALTH AND MSC 7850, Bethesda, MD 20892, (301) 435– Time: 8:00 am to 2:00 pm. HUMAN SERVICES 1246. Agenda: To review and evaluate grant This notice is being published less than 15 applications. National Institutes of Health days prior tot he meeting due to the timing Place: Gaithersburg Hilton, 620 Perry limitations imposed by the review and Parkway, Gaithersburg, MD 20877. Center for Scientific Review; Amended funding cycle. Contact Person: Abubakar A. Shaikh, DVM, Notice of Meeting Name of Committee: Center for Scientific PhD, Scientific Review Administrator, Center Review Special Emphasis Panel, ZRG1 VR– for Scientific Review, National Institutes of Notice is hereby given of a change in 01. Health, 6701 Rockledge Drive, Room 6166, the meeting of the International and Date: October 20, 1999. MSC 7892, (301) 435–1042. Cooperative Projects Study Section, Time: 2:00 pm to 4:00 pm. Name of Committee: Cardiovascular October 14, 1999, 8:30 AM to October Agenda: To review and evaluate grant Sciences Initial Review Group, applications. 15, 1999, 5:00 PM, Embassy Suites at Cardiovascular Study Section. Place: NIH, Rockledge 2, Bethesda, MD Date: October 25–26, 1999. the Chevy Chase Pavilion, 4300 Military 20892, (Telephone Conference Call). Time: 8:00 am to 5:00 pm. Road, NW, Washington, DC 20015 Contact Person: Rita Anand. Phd., Agenda: To review and evaluate grant which was published in the Federal Scientific Review, Administrator, Center for applications. Register on September 28, 1999, 64 FR Scientific Review National Institutes of Place: Chevy Chase Holiday Inn, 5520 52337. Health, 6701 Rockledge Drive, Room 4188, Wisconsin Ave., Chevy Chase, MD 20815. MSC 7808, Bethesda, MD 20892, (301) 435– The meeting will be held at the Contact Person: Gordon L. Johnson, PhD, 1151. Scientific Review Administrator, Center for Gaithersburg Hilton Hotel, 620 Perry This notice is being published less than 15 Scientific Review, National Institutes of Parkway, Gaithersburg, MD 20877. The days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4136, dates and time remain the same. The limitations imposed by the review and MSC 7802, Bethesda, MD 20892, (301) 435– meeting is closed to the public. funding cycle. 1212, [email protected].

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 55954 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Name of Committee: Biophysical and Time: 8:30 am to 4:00 am. Time: 12:00 pm to 2:00. pm. Chemical Sciences Initial Review Group, Agenda: To review and evaluate grant Agenda: To review and evaluate grant Physical Biochemistry Study Section. applications. applications. Date: October 25–26, 1999. Place: Holiday Inn Chevy Chase, 5520 Place: NIH, Rockledge 2, Bethesda, MD Time: 8:30 am to 5:00 pm. Wisconsin Avenue, Chevy Chase, MD 20815. 20892, (Telephone Conference Call). Agenda: To review and evaluate grant Contact Person: Michael Micklin, PhD, Contact Person: Donald Schneider, PhD, applications. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Place: Ramada Inn Rockville, 1775 Scientific Review, National Institutes of Scientific Review, National Institutes of Rockville Pike, Rockville, MD 20852. Health, 6701 Rockledge Drive, Room 3178, Health, 6701 Rockledge Drive, Room 4172, Contact Person: Gopa Rakhit, PhD, MSC 7848, Bethesda, MD 20892, (301) 435– MSC 7806, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for 1258, [email protected]. 1727. Scientific Review, National Institute of Name of Committee: Center for Scientific (Catalogue of Federal Domestic Assistance Health, 6701 Rockledge Drive, Room 4154, Review Special Emphasis Panel. Program Nos. 93.306, Comparative Medicine, MSC 7806, Bethesda, MD 20892, (301) 435– Date: October 26, 1999. 93.306; 93.333, Clinical Research, 93.333, 1721, [email protected]. Time: 1:00 pm to 5:00 pm. 93.337, 93.393–93.396, 93.837–93.844, Name of Committee: Musculoskeletal and Agenda: To review and evaluate grant 93.846–93.878, 93.892, 93.893, National Dental Sciences Initial Review Group, Oral applications. Institutes of Health, HHS) Biology and Medicine Subcommittee 2. Place: NIH, Rockledge 2, Bethesda, MD Dated: October 8, 1999. Date: October 25–26, 1999. 20892 Time: 8:30 am to 5:00 pm. Contact Person: Russell T. Dowell, PhD, LaVerne Y. Stringfield, Agenda: To review and evaluate grant Scientific Review Administrator, Center for Director, Office of Federal Advisory applications. Scientific Review, National Institutes of Committee Policy. Place: Holiday Inn Hotel & Suites, 625 First Health, 6701 Rockledge Drive, Room 4118, [FR Doc. 99–26920 Filed 10–14–99; 8:45 am] Street, Alexandria, VA 22314. MSC 7818, Bethesda, MD 20892, (301) 435– BILLING CODE 4140±01±M Contact Person: Priscilla Chen, PhD, 1169, [email protected]. Scientific Review Administrator, Center for Name of Committee: Center for Scientific Scientific Review, National Institutes of Review Special Emphasis Panel. Health, 6701 Rockledge Drive, Room 4104, Date: October 26, 1999. DEPARTMENT OF HOUSING AND MSC 7814, Bethesda, MD 20892, (301) 435– Time: 1:30 pm to 3:00 pm. URBAN DEVELOPMENT 1787. Agenda: To review and evaluate contract Name of Committee: Center for Scientific proposals. [Docket No. FR±4432±N±41] Review Special Emphasis Panel. Place: NIH, Rockledge 2, Bethesda, MD Date: October 25, 1999. 20892, (Telephone Conference Call). Federal Property Suitable as Facilities Time: 8:30 am to 5:00 pm. Contact Person: Anshumali Chaudhari, To Assist the Homeless Agenda: To review and evaluate grant Phd, Scientific Review Administrator, Center applications. for Scientific Review, National Institutes of AGENCY: Office of the Assistant Place: River Inn, 924 25th Street, NW, Health, 6701 Rockledge Drive, Room 4124, Secretary for Community Planning and Washington, DC 20037. MSC 7802, Bethesda, MD 20892, (301) 435– Development, HUD. Contact Person: Gloria B. Levin, PhD, 1210. ACTION: Notice. Scientific Review Administrator, Center for Name of Committee: Oncological Sciences Scientific Review, National Institutes of Initial Review Group Experimental SUMMARY: This Notice identifies Health, 6701 Rockledge Drive, Room 3166, Therapeutics Subcommittee 2. MSC 7848, Bethesda, MD 20892, (301) 435– Date: October 27–29, 1999. unutilized, underutilized, excess, and 1017, [email protected]. Time: 8:30 am to 4:00 pm. surplus Federal property reviewed by Name of Committee: Cardiovascular Agenda: To review and evaluate grant HUD for suitability for possible use to Sciences Initial Review Group, applications. assist the homeless. Cardiovascular and Renal Study Section. Place: Embassy Suites, Chevy Chase EFFECTIVE DATE: October 15, 1999. Date: October 25–26, 1999. Pavillion, 4300 Military Road, NW, FOR FURTHER INFORMATION CONTACT: Time: 8:30 am to 3:00 pm. Washington, DC 20015. Agenda: To review and evaluate grant Contact Person: Marcia Litwack, PhD, Clifford Taffet, Department of Housing applications. Scientific Review Administrator, Center for and Urban Development, Room 7262, Place: Holiday Inn, 8777 Georgia Avenue, Scientific Review, National Institutes of 451 Seventh Street SW, Washington, DC Silver Spring, MD 20910. Health, 6701 Rockledge Drive, Room 4150, 20410; telephone (202) 708–1234; TTY Contact Person: Anthony C. Chung, PhD, MSC 7804, Bethesda, MD 20892, (301) 435– number for the hearing- and speech- Scientific Review Administrator, Center for 1719. impaired (202) 708–2565, (these Scientific Review, National Institutes of Name of Committee: Infectious Diseases telephone numbers are not toll-free), or Health, 6701 Rockledge Drive, Room 4138, and Microbiology Initial Review Group call the toll-free Title V information line MSC 7802, Bethesda, MD 20892, (301) 435– Microbial Physiology and Genetics at 1–800–927–7588. 1213. Subcommittee 1. Name of Committee: Center for Scientific Date: October 27–28, 1999. SUPPLEMENTARY INFORMATION: In Review Special Emphasis Panel. Time: 8:30 am to 6:00 pm. accordance with the December 12, 1988 Date: October 25, 1999. Agenda: To review and evaluate grant court order in National Coalition for the Time: 2:00 pm to 3:30 pm. applications. Homeless v. Veterans Administration, Agenda: To review and evaluate grant Place: One Washington Circle Hotel, No. 88–2503–OG (D.D.C.), HUD applications. Conference Center, One Washington Circle, publishes a Notice, on a weekly basis, Place: NIH, Rockledge 2, Bethesda, MD Washington, DC 20037. identifying unutilized, underutilized, 20892, (Telephone Conference Call). Contact Person: Martin L. Slater, PhD, excess and surplus Federal buildings Contact Person: Syed Amir, PhD, Scientific Scientific Review Administrator, Center for Review Administrator, Center for Scientific Scientific Review, National Institutes of and real property that HUD has Review, National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 4184, reviewed for suitability for use to assist Rockledge Drive, Room 6168, MSC 7892, MSC 7808, Bethesda, MD 20892, (301) 435– the homeless. Today’s Notice is for the Bethesda, MD 20892, (301) 435–1043. 1149. purpose of announcing that no Name of Committee: Center for Scientific Name of Committee: Center for Scientific additional properties have been Review Special Emphasis Panel. Review Special Emphasis Panel BBCB–1. determined suitable or unsuitable this Date: October 26–27, 1999. Date: October 27, 1999. week.

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55955

Dated: October 7, 1999. Ecological Services, Division of Habitat law. Since other alternatives provide Fred Karnas, Jr., Conservation/Environmental some mix of protection to trust Deputy Assistant Secretary for Economic Contaminants, P.O. Box 1306, resources, all are viable candidates for Development. Albuquerque, New Mexico 87103. implementation. Because costs of [FR Doc. 99–26687 Filed 10–14–99; 8:45 am] Documents and other information implementation for alternatives B—D BILLING CODE 4210±29±M submitted with these applications are will be achieved through negotiation available for review, subject to the with landowners, implementation of requirements of the Privacy Act and more than one alternative may be Freedom of Information Act, by any DEPARTMENT OF THE INTERIOR attainable as available funds are party who submits a written request for depleted. Alternatives B and C are a copy of such documents within Fish and Wildlife Service closest to the site and Alternative D November 29, 1999, to the address protects caves having the greatest threat Draft Partial Restoration Plan and above. from development. Because alternative Environmental Assessment SUPPLEMENTARY INFORMATION: B has potential available management, Addressing Injuries to Migratory Birds Background through the adjacent Boy Scout Camp, and Threatened and Endangered Species at the Tar Creek Superfund The Tar Creek Superfund site, located it is the preferred alternative. Site, Ottawa County, OK in Ottawa County, Oklahoma, is one of Alternative D follows, due to threat from three superfund sites located within the development, and alternative C, due to AGENCY: Fish and Wildlife Service, Tri-State Mining District of Kansas, its inherent significance to migratory Interior. Missouri, and Oklahoma. The district birds and bat foraging habitat. ACTION: Notice of availability. contained multiple lead and zinc mines Implementation of the preferred after the early 1900s which operated alternative will commence upon SUMMARY: The U.S. Fish and Wildlife until deposits were depleted in the signature of the final Partial Restoration Service proposes to protect habitat for 1970’s. Acidic groundwater surfacing Plan, and associated Finding of No the endangered gray bat, threatened through old air shafts and other Significant Impact. Ozark cavefish and bald eagle, and openings contaminated the Tar Creek The Service will place notices in the migratory birds through acquisition of drainage and its associated wetlands Tulsa World, a newspaper of general land in fee or easement, or management and bottomland hardwoods. The circulation in the state, the Daily agreements with land owners. Such bankruptcy of two major mining Oklahoman, a newspaper circulated in alternatives will provide partial companies in the 1990’s led the compensation to the public for injuries Department of Interior to collect partial the State Capitol and central and to these trust resources from releases of damages for injuries to trust resources, western Oklahoma, and the Miami Daily hazardous chemicals from mining specifically migratory birds and Herald, a newspaper circulated in the activities at the Tar Creek Superfund endangered and threatened species. general area of the Site, and will make Site, Ottawa County, Oklahoma. Endangered and Threatened species of copies available at the Miami, DATES: Written comments on the partial concern at the Site are endangered gray Oklahoma Public Library concurrently restoration plan and environmental bat, and threatened Ozark cavefish and with this Federal Register notice. assessment must be received within bald eagle. Alternatives for expenditure Copies can also be obtained from the November 29, 1999. of the funds collected through these Internet at http://ifw2es.fws.gov/library. ADDRESSES: Copies of the draft bankruptcies center on allowing the site The current comment period on this restoration plan and environmental to naturally restore itself through time proposal closes on November 29, 1999. asssessment are available on the Internet (no action, Alternative A), or protection Written comments may be submitted to at http://ifw2es.fws.gov/library, or of habitat through acquisition in fee or the Service office in the ADDRESSES requested from the Service at: easement, or management agreements section. U.S. Fish and Wildlife Service, 222 with land owners (Alternatives B–D). South Houston, Suite A, Tulsa, Specifically Alternative B provides for Author Oklahoma 74127, 918/581–7458 the acquisition and protection of an The primary author of this notice is or Ottawa County endangered bat maternity cave, Alternative C protects Karen E. Cathey (see ADDRESSES). U.S. Fish and Wildlife Service, high quality bottomland forest along the Authority Ecological Services (HC/EC), P.O. Box Neosho River, and Alternative D 1306, Albuquerque, New Mexico acquires and protects a large continuous 87103, 505/248–6648 The authority for this action is the stand of Ozark forest and Federally Comprehensive Environmental Written data or comments should be endangered bat caves in Adair County, Response, Compensation, and Liability submitted to the NRDAR Coordinator, Oklahoma. Act (CERCLA) of 1980, through its Division of Habitat Conservation/ The no action alternative is not a Natural Resource Damage Assessment Environmental Contaminants, preferred alternative because it takes no Ecological Services, P.O. Box 1306, and Restoration (NRDAR) provisions (43 on-site restoration actions and accepts CFR Part 11). Albuquerque, New Mexico 87103, or via that there will be continued injuries at the website. All comments received, the site over a long period of time, yet Dated: October 8, 1999. including names and addresses, will provides no off-site actions to restore Stephen W. Parry, become part of the official the injured or comparable resources. In Acting Regional Director, Region 2, Fish and administrative record and may be made addition, the no action alternative fails Wildlife Service. available to the public. to use the recovered funds on [FR Doc. 99–26932 Filed 10–14–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: The restoration, as mandated by the natural BILLING CODE 4310±55±P U.S. Fish and Wildlife Service, resources provisions in the Superfund

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 55956 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR

Bureau of Land Management Bureau of Land Management Minerals Management Service (MMS) Outer Continental Shelf (OCS) Policy [OR±110±0777±30±24±1A; HAG 0±0001] [AZ±050±00±1430±01; AZA 29964, AZA Committee of the Minerals 29970±AZA 29971, AZA 29973±AZA 29975, Rescinding Closure of Public Lands AZA 29977, AZA 29979±AZA 29983, AZA Management Advisory Board; Notice 29985±AZA 29989] and Agenda for Meeting AGENCY: Bureau of Land Management, AGENCY: Minerals Management Service, DOI. Arizona: Notice of Realty Action; Interior. Competitive Sale of Public Land in SUMMARY: The OCS Policy Committee of ACTION: The notice published on page Quartzsite, La Paz County, AZ 44041 in the issue of Thursday, August the Minerals Management Advisory Board will meet at the Sheraton Crystal 12, 1999, closing 29, Section 31, Section AGENCY: Bureau of Land Management, 33, Section 34, Section 35; T. 37 S., R. Interior. City in Arlington, Virginia, on October 7 W., Willamette Meridian. Section 2, 27–28, 1999. Section 3, Section 5, Section 7, Section ACTION: Extension of notice. The agenda will cover the following 11, and Section 15; T. 38 S., R. 7 W., principal subjects: Oceans Report: A Follow-Up Report Willamette Meridian is hereby SUMMARY: The following land in La Paz From the National Oceans Conference. rescinded. County, Arizona, has been found suitable for disposal under section 203 This presentation will include an and 209 of the Federal Land Policy and update on Vice President Gore’s follow- FOR FURTHER INFORMATION CONTACT: Ron Management Act of 1976 (90 Stat. 2750, up report on the President’s moratoria Wenker, District Manager, Medford 43 U.S.C. 1713). The extension will decision that was presented September District Office, at (541) 770–2200. allow additional time to complete the 2, 1999. Dated: October 4, 1999. sale. Hard Minerals Update. This Ron Wenker, presentation will address the Marine Gila and Salt River Meridian, Arizona Minerals Program funding; the status of District Manager. T. 4 N., R. 19 W., the MMS’s guidelines and policies on [FR Doc. 99–26994 Filed 10–14–99; 8:45 am] 1 1 1 Sec. 22, NE ⁄4NE ⁄4SE ⁄4 use of Federal sand; the negotiations BILLING CODE 4310±33±M Sec. 23, N1⁄2SW1⁄4, N1⁄2SE1⁄4SW1⁄4, with States on use of Federal sand; and SW1⁄4SE1⁄4SW1⁄4; an update on the Hard Minerals Sec. 29, W1⁄2NE1⁄4NE1⁄4NE1⁄4, Subcommittee activities and other DEPARTMENT OF THE INTERIOR W1⁄2NW1⁄4NE1⁄4NE1⁄4, NW1⁄4NE1⁄4, pertinent hard minerals information. 1 1 1 1 1 1 W ⁄2NE ⁄4NW ⁄4, SE ⁄4NE ⁄4NW ⁄4, Deep Water Gulf of Mexico (GOM). 1 1 Bureau of Land Management NW ⁄4NW ⁄4. This panel presentation will address Aggregating 240.00 acres, more or less. developments in the deep water of the [NM±050±1110±PG; NMNM 95104] GOM and its future contribution. SUPPLEMENTARY INFORMATION: On Recent Advances in Oil Spill December 20, 1996, the Yuma Field Public Land Order No. 7382; Response Technology. This panel Office published a notice for this public Withdrawal of Public Lands for the presentation will provide an overview land sale in the Federal Register (61 FR Devil's Backbone Desert Bighorn of the MMS’s oil spill response research 67342). This notice segregated the Sheep Habitat Area; New Mexico and direct results from MMS funded subject public land from appropriation research, the MMS unannounced drill under the public land laws, including AGENCY: Bureau of Land Management, policy, and the Ohmsett facility. The the mining laws, pending disposition of Interior. presentation will also address the U.S. the action or 270 days from the date of Coast Guard’s role in oil spill response, ACTION: Correction notice. publication of the notice in the Federal readiness, research and development Register. Three extensions of the Notice activities. The Planned Deepwater Oil SUMMARY: In Federal Register Volume have been published in the Federal Release and Blowout Modeling Study, a 64, No. 57, Page 14463, of Thursday, Register: September 23, 1997 (62 FR joint industry project cooperatively 49701); June 1, 1998 (63 FR 29746); and March 25, 1999, under New Mexico managed and funded by the Offshore January 22, 1999 (64 FR 3543–3544). Principal Meridian, delete line 10; sec. Operators Committee and MMS, will 1 1 1 1 1 1 Upon publication of this Notice in the 22, NE ⁄4, N ⁄2NW ⁄2, SE ⁄4W, E ⁄2SW ⁄4, also be discussed. 1 1 1 Federal Register, the segregation will be replace with sec. 22, NE ⁄4, N ⁄2NW ⁄4, OCS Revenue Sharing Update. This 1 1 1 1 extended pending disposition of the SE ⁄4NW ⁄4, E ⁄2SW ⁄4. presentation will address the current action or for another 270-day period, status of the OCS revenue sharing bills. Dated: October 6, 1999. whichever occurs first. Kate Padilla, Congressional Update. This FOR FURTHER INFORMATION CONTACT: presentation will focus on the status of Field Manager. Debbie DeBock, Realty Specialist, Yuma the Coastal Zone Management Act [FR Doc. 99–26991 Filed 10–14–99; 8:45 am] Field Office, 2555 East Gila Ridge Road, reauthorization and pending revised BILLING CODE 4310±MW±U Yuma, AZ 85365; telephone number regulations, and other timely (520) 317–3208. congressional issues related to the OCS Dated: October 8, 1999. Program. Environmental Forum Update. This Gail Acheson, presentation will provide a summary of Field Manager. the October 26, 1999, proceedings. [FR Doc. 99–26995 Filed 10–14–99; 8:45 am] Natural Gas Supply/Demand. This BILLING CODE 4310±32±M panel presentation will address the

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55957 following items: recent studies/results; INTERNATIONAL TRADE were adequate and the respondent 30 TCF of gas needed to supply the COMMISSION interested party group responses were nation and how we get there; the long- inadequate. The Commission did not [Investigations Nos. 701±TA±302 and 731± term gas alternatives, such as methane TA±454 (Reviews)] find any other circumstances that would hydrates (clathrates); and the State’s warrant conducting full reviews.1 (Texas) response to rising gas demand. Fresh and Chilled Atlantic Salmon Accordingly, the Commission OCS Scientific Committee Update. From Norway determined that it would conduct This presentation will provide an expedited reviews pursuant to section AGENCY: United States International update on the activities of the Scientific 751(c)(3) of the Act. Trade Commission. Committee. It will also highlight the Staff Report activities that are related to the GOM ACTION: Scheduling of expedited five- deepwater activities, oil spill year reviews concerning the A staff report containing information contingency planning, natural gas countervailing and antidumping duty concerning the subject matter of the supply/demand, and any other topics orders on fresh and chilled Atlantic reviews will be placed in the nonpublic that are relevant to both Committees. salmon from Norway. record on December 6, 1999, and made available to persons on the MMS Regional Updates. The Regional SUMMARY: The Commission hereby gives Administrative Protective Order service Directors will discuss activities in their notice of the scheduling of expedited list for these reviews. A public version respective areas. Particular items of reviews pursuant to section 751(c)(3) of will be issued thereafter, pursuant to interest: Lease Sale 176, National the Tariff Act of 1930 (19 U.S.C. section 207.62(d)(4) of the Petroleum Reserve-Alaska results, 1675(c)(3)) (the Act) to determine Commission’s rules. Northstar Project, Liberty Project, Lease whether revocation of the Sale 181, Deepwater environmental countervailing and antidumping duty Written Submissions impact statement, Chevron’s Florida orders on fresh and chilled Atlantic As provided in section 207.62(d) of Natural Gas Development Project, salmon from Norway would be likely to the Commission’s rules, interested Florida Marine Spill Analysis System, lead to continuation or recurrence of parties that are parties to the reviews and the future of existing California material injury within a reasonably and that have provided individually OCS Leases. foreseeable time. For further adequate responses to the notice of information concerning the conduct of The meeting is open to the public. institution,2 and any party other than an these reviews and rules of general Upon request, interested parties may interested party to the reviews may file application, consult the Commission’s make oral or written presentations to the written comments with the Secretary on Rules of Practice and Procedure, part OCS Policy Committee. Such requests what determinations the Commission 201, subparts A through E (19 CFR part should be made no later than October should reach in the reviews. Comments 201), and part 207, subparts A, D, E, and 22, 1999, to the Minerals Management are due on or before December 9, 1999, F (19 CFR part 207). Recent Service, 381 Elden Street, MS–4001, and may not contain new factual amendments to the Rules of Practice Herndon, Virginia, 20170, Attention: information. Any person that is neither and Procedure pertinent to five-year Jeryne Bryant. a party to the five-year reviews nor an reviews, including the text of subpart F Requests to make oral statements interested party may submit a brief of part 207, are published at 63 F.R. should be accompanied by a summary written statement (which shall not 30599, June 5, 1998, and may be of the statement to be made. For more contain any new factual information) downloaded from the Commission’s information, call Jeryne Bryant at (703) pertinent to the reviews by December 9, World Wide Web site at http:// 787–1211. 1999. If comments contain business www.usitc.gov/rules.htm. proprietary information (BPI), they must Minutes of the OCS Policy Committee EFFECTIVE DATE: October 1, 1999. meeting will be available for public conform with the requirements of FOR FURTHER INFORMATION CONTACT: inspection and copying at the MMS in sections 201.6, 207.3, and 207.7 of the Elizabeth Haines (202–205–3200), Office Herndon. Commission’s rules. The Commission’s of Investigations, U.S. International rules do not authorize filing of DATES: Wednesday, October 27 and Trade Commission, 500 E Street SW, submissions with the Secretary by Thursday, October 28, 1999. Washington, DC 20436. Hearing- facsimile or electronic means. impaired persons can obtain ADDRESSES: Sheraton Crystal City Hotel, In accordance with sections 201.16(c) information on this matter by contacting 1800 Jefferson Davis Highway, and 207.3 of the rules, each document the Commission’s TDD terminal on 202– Arlington, Virginia 22202, (703) 486– filed by a party to the reviews must be 205–1810. Persons with mobility 1111. served on all other parties to the reviews impairments who will need special (as identified by either the public or BPI FOR FURTHER INFORMATION CONTACT: assistance in gaining access to the service list), and a certificate of service Jeryne Bryant at the address and phone Commission should contact the Office must be timely filed. The Secretary will number listed above. of the Secretary at 202–205–2000. General information concerning the Authority: Federal Advisory Committee 1 A record of the Commissioners’ votes, the Act, Pub. L. No. 92–463, 5 U.S.C. Appendix Commission may also be obtained by Commission’s statement on adequacy, and any 1, and the Office of Management and accessing its internet server (http:// individual Commissioner’s statements will be www.usitc.gov). available from the Office of the Secretary and at the Budget’s Circular No. A–63, Revised. Commission’s web site. Dated: October 8, 1999. SUPPLEMENTARY INFORMATION: 2 The Commission has found the responses submitted by Atlantic Salmon of Maine, Connors Carolita U. Kallaur, Background Aquaculture, DE Salmon, Island Aquaculture Corp., Associate Director for Offshore Minerals On October 1, 1999, the Commission Maine Aqua Foods, Maine Coast Nordic, Treat’s Management. Island Fisheries, Trumpet Island Salmon Farm, and determined that the domestic interested FAST to be individually adequate. Comments from [FR Doc. 99–26888 Filed 10–14–99; 8:45 am] party group responses to its notice of other interested parties will not be accepted (see 19 BILLING CODE 4310±MR±M institution (64 FR 35680, July 1, 1999) CFR 207.62(d)(2)).

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.188 pfrm02 PsN: 15OCN1 55958 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices not accept a document for filing without FOR FURTHER INFORMATION CONTACT: By order of the Commission. a certificate of service. Robert Carpenter (202–205–3172), Donna R. Koehnke, Determinations Office of Investigations, U.S. Secretary. International Trade Commission, 500 E [FR Doc. 99–26909 Filed 10–14–99; 8:45 am] The Commission has determined to Street SW, Washington, DC 20436. BILLING CODE 7020±02±P exercise its authority to extend the Hearing-impaired persons can obtain review period by up to 90 days pursuant information on this matter by contacting to 19 U.S.C. § 1675(c)(5)(B). the Commission’s TDD terminal on 202– INTERNATIONAL TRADE Authority: These reviews are being 205–1810. Persons with mobility COMMISSION conducted under authority of title VII of the impairments who will need special Tariff Act of 1930; this notice is published assistance in gaining access to the [Investigation No. 731±TA±459 (Review)] pursuant to section 207.62 of the Commission should contact the Office Commission’s rules. of the Secretary at 202–205–2000. Polyethylene Terephthalate (PET) Film Issued: October 8, 1999. General information concerning the From Korea By order of the Commission. Commission may also be obtained by AGENCY: United States International Donna R. Koehnke, accessing its internet server (http:// Trade Commission. Secretary. www.usitc.gov). [FR Doc. 99–26904 Filed 10–14–99; 8:45 am] ACTION: Scheduling of an expedited five- SUPPLEMENTARY INFORMATION: BILLING CODE 7020±02±P On year review concerning the antidumping October 1, 1999, the Commission duty order on polyethylene determined that it should proceed to terephthalate (PET) film from Korea. INTERNATIONAL TRADE full reviews in the subject five-year COMMISSION reviews pursuant to section 751(c)(5) of SUMMARY: The Commission hereby gives the Act. notice of the scheduling of an expedited [Investigation No. 731±TA±457±A±D review pursuant to section 751(c)(3) of (Review)] With regard to bars and wedges, hammers and sledges, and picks and the Tariff Act of 1930 (19 U.S.C. Heavy Forged Handtools From China mattocks, the Commission found that 1675(c)(3)) (the Act) to determine both the domestic interested party group whether revocation of the antidumping AGENCY: United States International responses 1 and the respondent duty order on polyethylene Trade Commission. terephthalate (PET) film from Korea interested party group responses 2 to its would be likely to lead to continuation ACTION: Notice of Commission notice of institution 3 were adequate and or recurrence of material injury within determinations to conduct full five-year voted to conduct full reviews. 4 With a reasonably foreseeable time. For reviews concerning the antidumping regard to axes and adzes, the duty orders on heavy forged handtools further information concerning the Commission found that the domestic from China. conduct of this review and rules of interested party group response was general application, consult the 5 SUMMARY: The Commission hereby gives inadequate and the respondent Commission’s Rules of Practice and notice that it will proceed with full interested party group response was Procedure, part 201, subparts A through reviews pursuant to section 751(c)(5) of adequate.6 The Commission also found E (19 CFR part 201), and part 207, the Tariff Act of 1930 (19 U.S.C. that other circumstances warranted subparts A, D, E, and F (19 CFR part 1675(c)(5)) to determine whether conducting a full review. 7 207). Recent amendments to the Rules revocation of the antidumping duty A record of the Commissioners’ votes, of Practice and Procedure pertinent to orders on heavy forged handtools from the Commission’s statement on five-year reviews, including the text of China would be likely to lead to adequacy, and any individual subpart F of part 207, are published at continuation or recurrence of material Commissioner’s statements will be 63 FR 30599, June 5, 1998, and may be injury within a reasonably foreseeable available from the Office of the downloaded from the Commission’s time. The Commission has determined Secretary and at the Commission’s web World Wide Web site at http:// to exercise its authority to extend the site. www.usitc.gov/rules.htm. review period by up to 90 days pursuant EFFECTIVE DATE: October 1, 1999. to 19 U.S.C. 1675(c)(5)(B); a schedule for Authority: These reviews are being the reviews will be established and conducted under authority of title VII of the FOR FURTHER INFORMATION CONTACT: announced at a later date. Tariff Act of 1930; this notice is published Mary Messer (202–205–3193), Office of For further information concerning pursuant to section 207.62 of the Investigations, U.S. International Trade the conduct of these reviews and rules Commission’s rules. Commission, 500 E Street SW, of general application, consult the Issued: October 8, 1999. Washington, DC 20436. Hearing- Commission’s Rules of Practice and impaired persons can obtain Procedure, part 201, subparts A through 1 Chairman Bragg and Commissioner Crawford information on this matter by contacting E (19 CFR part 201), and part 207, dissenting. the Commission’s TDD terminal on 202– subparts A, D, E, and F (19 CFR part 2 Chairman Bragg and Commissioner Crawford 205–1810. Persons with mobility 207). Recent amendments to the Rules dissenting. impairments who will need special 3 The notice of institution for the subject reviews assistance in gaining access to the of Practice and Procedure pertinent to was published in the Federal Register on July 1, five-year reviews, including the text of 1999 (64 FR 35682). Commission should contact the Office subpart F of part 207, are published at 4 Chairman Bragg and Commissioner Crawford of the Secretary at 202–205–2000. 63 FR 30599, June 5, 1998, and may be dissenting. General information concerning the downloaded from the Commission’s 5 Commissioner Askey dissenting. Commission may also be obtained by World Wide Web site at http:// 6 Chairman Bragg and Commissioner Crawford accessing its internet server (http:// dissenting. www.usitc.gov). www.usitc.gov/rules.htm. 7 Chairman Bragg and Commissioner Crawford EFFECTIVE DATE: October 1, 1999. dissenting. SUPPLEMENTARY INFORMATION:

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.150 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55959

Background service list), and a certificate of service Commission, 500 E Street SW, On October 1, 1999, the Commission must be timely filed. The Secretary will Washington, DC 20436. Hearing- determined that the domestic interested not accept a document for filing without impaired persons can obtain party group response to its notice of a certificate of service. information on this matter by contacting the Commission’s TDD terminal on 202– institution (64 FR 35685, July 1, 1999) Determination was adequate and the respondent 205–1810. Persons with mobility The Commission has determined to interested party group response was impairments who will need special exercise its authority to extend the inadequate. The Commission did not assistance in gaining access to the review period by up to 90 days pursuant find any other circumstances that would Commission should contact the Office to 19 U.S.C. § 1675(c)(5)(B). warrant conducting a full review.1 of the Secretary at 202–205–2000. Accordingly, the Commission Authority: This review is being conducted General information concerning the determined that it would conduct an under authority of title VII of the Tariff Act Commission may also be obtained by expedited review pursuant to section of 1930; this notice is published pursuant to accessing its internet server (http:// 751(c)(3) of the Act. section 207.62 of the Commission’s rules. www.usitc.gov). Issued: October 8, 1999. SUPPLEMENTARY INFORMATION: Staff Report By order of the Commission. Background A staff report containing information Donna R. Koehnke, concerning the subject matter of the Secretary. On October 1, 1999, the Commission review will be placed in the nonpublic [FR Doc. 99–26906 Filed 10–14–99; 8:45 am] determined that the domestic interested record on December 8, 1999, and made BILLING CODE 7020±02±P party group responses to its notice of available to persons on the institution (64 FR 35687, July 1, 1999) Administrative Protective Order service were adequate 1 and the respondent list for this review. A public version INTERNATIONAL TRADE interested party group responses were will be issued thereafter, pursuant to COMMISSION inadequate. The Commission did not section 207.62(d)(4) of the find any other circumstances that would [Investigations Nos. 731±TA±465, 466, and warrant conducting full reviews.2 Commission’s rules. 468 (Reviews)] Accordingly, the Commission Written Submissions Sodium Thiosulfate From China, determined that it would conduct As provided in section 207.62(d) of Germany, and United Kingdom expedited pursuant to section 751(c)(3) the Commission’s rules, interested of the Act. parties that are parties to the review and AGENCY: United States International that have provided individually Trade Commission. Staff Report adequate responses to the notice of ACTION: Scheduling of expedited five- A staff report containing information institution, 2 and any party other than an year reviews concerning the concerning the subject matter of the interested party to the review may file antidumping duty orders on sodium reviews will be placed in the nonpublic written comments with the Secretary on thiosulfate from China, Germany, and record on November 22, 1999, and made what determination the Commission United Kingdom. available to persons on the should reach in the review. Comments Administrative Protective Order service are due on or before December 13, 1999, SUMMARY: The Commission hereby gives list for these reviews. A public version and may not contain new factual notice of the scheduling of expedited will be issued thereafter, pursuant to information. Any person that is neither reviews pursuant to section 751(c)(3) of section 207.62(d)(4) of the a party to the five-year review nor an the Tariff Act of 1930 (19 U.S.C. Commission’s rules. interested party may submit a brief 1675(c)(3)) (the Act) to determine Written Submissions written statement (which shall not whether revocation of the antidumping contain any new factual information) duty orders on sodium thiosulfate from As provided in section 207.62(d) of pertinent to the review by December 13, China, Germany, and United Kingdom the Commission’s rules, interested 1999. If comments contain business would be likely to lead to continuation parties that are parties to the reviews proprietary information (BPI), they must or recurrence of material injury within and that have provided individually conform with the requirements of a reasonably foreseeable time. For adequate responses to the notice of sections 201.6, 207.3, and 207.7 of the further information concerning the institution,3 and any party other than an Commission’s rules. The Commission’s conduct of these reviews and rules of interested party to the reviews may file rules do not authorize filing of general application, consult the written comments with the Secretary on submissions with the Secretary by Commission’s Rules of Practice and what determinations the Commission facsimile or electronic means. Procedure, part 201, subparts A through should reach in the reviews. Comments In accordance with sections 201.16(c) E (19 CFR part 201), and part 207, are due on or before November 29, 1999, and 207.3 of the rules, each document subparts A, D, E, and F (19 CFR part and may not contain new factual filed by a party to the review must be 207). Recent amendments to the Rules information. Any person that is neither served on all other parties to the review of Practice and Procedure pertinent to a party to the five-year reviews nor an (as identified by either the public or BPI five-year reviews, including the text of interested party may submit a brief subpart F of part 207, are published at 1 A record of the Commissioners’ votes, the 63 FR 30599, June 5, 1998, and may be 1 Commissioner Crawford dissenting. Commission’s statement on adequacy, and any downloaded from the Commission’s 2 A record of the Commissioners’ votes, the individual Commissioner’s statements will be World Wide Web site at http:// Commission’s statement on adequacy, and any available from the Office of the Secretary and at the individual Commissioner’s statements will be Commission’s web site. www.usitc.gov/rules.htm. available from the Office of the Secretary and at the 2 The Commission has found the responses EFFECTIVE DATE: October 1, 1999. Commission’s web site. 3 submitted by E.I. DuPont de Nemours & Co. and FOR FURTHER INFORMATION CONTACT: The Commission has found the response Mitsubishi Polyester Film, LLC to be individually submitted by Calabrian Corp. to be individually adequate. Comments from other interested parties Debra Baker (202–205–3180), Office of adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). Investigations, U.S. International Trade will not be accepted (see 19 CFR 207.62(d)(2)).

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.152 pfrm02 PsN: 15OCN1 55960 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices written statement (which shall not For further information concerning INTERNATIONAL TRADE contain any new factual information) the conduct of this review and rules of COMMISSION pertinent to the reviews by November general application, consult the 29, 1999. If comments contain business Commission’s Rules of Practice and [Investigations Nos. 731±TA±376, 563, and proprietary information (BPI), they must Procedure, part 201, subparts A through 564 (Reviews)] conform with the requirements of E (19 CFR part 201), and part 207, sections 201.6, 207.3, and 207.7 of the subparts A, D, E, and F (19 CFR part Stainless Steel Butt-Weld Pipe Fittings Commission’s rules. The Commission’s 207). Recent amendments to the Rules From Japan, Korea, and Taiwan rules do not authorize filing of of Practice and Procedure pertinent to submissions with the Secretary by five-year reviews, including the text of AGENCY: United States International facsimile or electronic means. subpart F of part 207, are published at Trade Commission. In accordance with sections 201.16(c) 63 FR 30599, June 5, 1998, and may be and 207.3 of the rules, each document downloaded from the Commission’s ACTION: Scheduling of expedited five- filed by a party to the reviews must be World Wide Web site at http:// year reviews concerning the served on all other parties to the reviews www.usitc.gov/rules.htm. antidumping duty orders on stainless (as identified by either the public or BPI EFFECTIVE DATE: October 1, 1999. steel butt-weld pipe fittings from Japan, service list), and a certificate of service FOR FURTHER INFORMATION CONTACT: Korea, and Taiwan. must be timely filed. The Secretary will George Deyman (202–205–3197), Office not accept a document for filing without of Investigations, U.S. International SUMMARY: The Commission hereby gives a certificate of service. Trade Commission, 500 E Street SW, notice of the scheduling of expedited reviews pursuant to section 751(c)(3) of Determinations Washington, DC 20436. Hearing- impaired persons can obtain the Tariff Act of 1930 (19 U.S.C. The Commission has determined to information on this matter by contacting 1675(c)(3)) (the Act) to determine exercise its authority to extend the the Commission’s TDD terminal on 202– whether revocation of the antidumping review period by up to 90 days pursuant 205–1810. Persons with mobility duty orders on stainless steel butt-weld to 19 U.S.C. 1675(c)(5)(B). impairments who will need special pipe fittings from Japan, Korea, and Authority: These reviews are being assistance in gaining access to the Taiwan would be likely to lead to conducted under authority of title VII of the Commission should contact the Office continuation or recurrence of material Tariff Act of 1930; this notice is published of the Secretary at 202–205–2000. injury within a reasonably foreseeable pursuant to section 207.62 of the General information concerning the time. For further information Commission’s rules. Commission may also be obtained by Issued: October 8, 1999. concerning the conduct of these reviews accessing its internet server (http:// and rules of general application, consult By order of the Commission. www.usitc.gov). the Commission’s Rules of Practice and Donna R. Koehnke, SUPPLEMENTARY INFORMATION: On Procedure, part 201, subparts A through Secretary. October 1, 1999, the Commission E (19 CFR part 201), and part 207, [FR Doc. 99–26905 Filed 10–14–99; 8:45 am] determined that it should proceed to a subparts A, D, E, and F (19 CFR part BILLING CODE 7020±02±P full review in the subject five-year review pursuant to section 751(c)(5) of 207). Recent amendments to the Rules the Act. The Commission found that the of Practice and Procedure pertinent to INTERNATIONAL TRADE domestic interested party group five-year reviews, including the text of COMMISSION response to its notice of institution (64 subpart F of part 207, are published at 63 F.R. 30599, June 5, 1998, and may be [Investigation No. 731±TA±464 (Review)] FR 35689, July 1, 1999) was adequate and that the respondent interested party downloaded from the Commission’s Sparklers From China group response was inadequate. The World Wide Web site at http:// Commission also found that other www.usitc.gov/rules.htm. AGENCY: United States International circumstances warranted conducting a EFFECTIVE DATE: October 1, 1999. Trade Commission. full review. 1 ACTION: Notice of Commission A record of the Commissioners’ votes, FOR FURTHER INFORMATION CONTACT: determination to conduct a full five-year the Commission’s statement on Debra Baker (202–205–3180), Office of review concerning the antidumping adequacy, and any individual Investigations, U.S. International Trade duty order on sparklers from China. Commissioner’s statements will be Commission, 500 E Street SW, available from the Office of the Washington, DC 20436. Hearing- SUMMARY: The Commission hereby gives Secretary and at the Commission’s web notice that it will proceed with a full impaired persons can obtain site. information on this matter by contacting review pursuant to section 751(c)(5) of Authority: This review is being conducted the Tariff Act of 1930 (19 U.S.C. under authority of title VII of the Tariff Act the Commission’s TDD terminal on 202– 1675(c)(5)) to determine whether of 1930; this notice is published pursuant to 205–1810. Persons with mobility revocation of the antidumping duty section 207.62 of the Commission’s rules. impairments who will need special order on sparklers from China would be By order of the Commission. assistance in gaining access to the likely to lead to continuation or Commission should contact the Office recurrence of material injury within a Issued: October 8, 1999. of the Secretary at 202–205–2000. reasonably foreseeable time. The Donna R. Koehnke, General information concerning the Commission has determined to exercise Secretary. Commission may also be obtained by its authority to extend the review period [FR Doc. 99–26907 Filed 10–14–99; 8:45 am] accessing its internet server (http:// by up to 90 days pursuant to 19 U.S.C. BILLING CODE 7020±02±P www.usitc.gov). 1675(c)(5)(B); a schedule for the review will be established and announced at a 1 Chairman Bragg and Commissioner Crawford later date. dissenting.

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55961

SUPPLEMENTARY INFORMATION: served on all other parties to the reviews 63 FR 30599, June 5, 1998, and may be (as identified by either the public or BPI Background downloaded from the Commission’s service list), and a certificate of service World Wide Web site at http:// On October 1, 1999, the Commission must be timely filed. The Secretary will www.usitc.gov/rules.htm. determined that the domestic interested not accept a document for filing without party group responses to its notice of a certificate of service. EFFECTIVE DATE: October 1, 1999. institution (64 FR 35691, July 1, 1999) Determinations FOR FURTHER INFORMATION CONTACT: were adequate and the respondent Bonnie Noreen (202–205–3167), Office interested party group responses were The Commission has determined to of Investigations, U.S. International inadequate. The Commission did not exercise its authority to extend the Trade Commission, 500 E Street SW, find any other circumstances that would review period by up to 90 days pursuant Washington, DC 20436. Hearing- warrant conducting full reviews.1 to 19 U.S.C. § 1675(c)(5)(B). Accordingly, the Commission impaired persons can obtain Authority: These reviews are being information on this matter by contacting determined that it would conduct conducted under authority of title VII of the expedited reviews pursuant to section Tariff Act of 1930; this notice is published the Commission’s TDD terminal on 202– 751(c)(3) of the Act. pursuant to section 207.62 of the 205–1810. Persons with mobility Commission’s rules. impairments who will need special Staff Report Issued: October 8, 1999. assistance in gaining access to the A staff report containing information By order of the Commission. Commission should contact the Office concerning the subject matter of the Donna R. Koehnke, of the Secretary at 202–205–2000. reviews will be placed in the nonpublic Secretary. General information concerning the record on December 28, 1999, and made Commission may also be obtained by available to persons on the [FR Doc. 99–26903 Filed 10–14–99; 8:45 am] BILLING CODE 7020±02±P accessing its internet server (http:// Administrative Protective Order service www.usitc.gov). list for these reviews. A public version SUPPLEMENTARY INFORMATION: On will be issued thereafter, pursuant to INTERNATIONAL TRADE October 1, 1999, the Commission section 207.62(d)(4) of the COMMISSION Commission’s rules. determined that it should proceed to [Investigations Nos. 731±TA±540±541 full reviews in the subject five-year Written Submissions (Review)] reviews pursuant to section 751(c)(5) of As provided in section 207.62(d) of the Act. The Commission found that the the Commission’s rules, interested Certain Stainless Steel Pipe From Korea and Taiwan domestic interested party group parties that are parties to the reviews responses to its notice of institution (64 and that have provided individually AGENCY: United States International FR 35694, July 1, 1999) were adequate adequate responses to the notice of Trade Commission. with respect to both reviews,1 and that institution,2 and any party other than an ACTION: Notice of Commission the respondent interested party group interested party to the reviews may file determinations to conduct full five-year response was adequate with respect to written comments with the Secretary on reviews concerning the antidumping what determination the Commission Korea but inadequate with respect to duty orders on certain stainless steel Taiwan. The Commission also found should reach in the reviews. Comments pipe from Korea and Taiwan. are due on or before January 3, 2000, that other circumstances warranted and may not contain new factual SUMMARY: The Commission hereby gives conducting a full review with respect to 2 information. Any person that is neither notice that it will proceed with full Taiwan. a party to the five-year reviews nor an reviews pursuant to section 751(c)(5) of A record of the Commissioners’ votes, interested party may submit a brief the Tariff Act of 1930 (19 U.S.C. the Commission’s statement on written statement (which shall not 1675(c)(5)) to determine whether adequacy, and any individual contain any new factual information) revocation of the antidumping duty Commissioner’s statements will be pertinent to the reviews by January 3, orders on certain stainless steel pipe available from the Office of the 2000. If comments contain business from Korea and Taiwan would be likely Secretary and at the Commission’s web proprietary information (BPI), they must to lead to continuation or recurrence of site. conform with the requirements of material injury within a reasonably sections 201.6, 207.3, and 207.7 of the foreseeable time. The Commission has Authority: These reviews are being Commission’s rules. The Commission’s determined to exercise its authority to conducted under authority of title VII of the rules do not authorize filing of extend the review period by up to 90 Tariff Act of 1930; this notice is published submissions with the Secretary by days pursuant to 19 U.S.C. pursuant to section 207.62 of the facsimile or electronic means. 1675(c)(5)(B); a schedule for the reviews Commission’s rules. In accordance with sections 201.16(c) will be established and announced at a Issued: October 8, 1999. and 207.3 of the rules, each document later date. By order of the Commission. filed by a party to the reviews must be For further information concerning Donna R. Koehnke, the conduct of these reviews and rules Secretary. 1 A record of the Commissioners’ votes, the of general application, consult the Commission’s statement on adequacy, and any Commission’s Rules of Practice and [FR Doc. 99–26910 Filed 10–14–99; 8:45 am] individual Commissioner’s statements will be BILLING CODE 7020±02±P available from the Office of the Secretary and at the Procedure, part 201, subparts A through Commission’s web site. E (19 CFR part 201), and part 207, 2 The Commission has found the responses subparts A, D, E, and F (19 CFR part 1 Commissioner Crawford dissenting. submitted by Alloy Piping Products, Inc.; Flowline 207). Recent amendments to the Rules 2 Division of Markovitz Enterprises, Inc.; Gerlin, Inc.; Commissioner Crawford dissenting. and Taylor Forge Stainless, Inc. to be individually of Practice and Procedure pertinent to Commissioner Crawford also found that no other adequate. Comments from other interested parties five-year reviews, including the text of circumstances warranted conducting a full review will not be accepted (see 19 CFR 207.62(d)(2)). subpart F of part 207, are published at with respect to Korea.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.155 pfrm02 PsN: 15OCN1 55962 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

INTERNATIONAL TRADE determined that it should proceed to procedures, the issue was framed to COMMISSION full reviews in the subject five-year include not only the material reviews pursuant to section 751(c)(5) of falsification of applications as a basis for [Investigations Nos. 701±TA±178 (Review) and 731±TA±636±638 (Review)] the Act. The Commission found that the the revocation of Respondent’s DEA domestic interested party group registration, but also whether Stainless Steel Wire Rod From Brazil, responses to its notice of institution (64 Respondent’s continued registration France, India, and Spain FR 35697, July 1, 1999) were adequate would be inconsistent with the public with respect to all the reviews, and that interest pursuant to 21 U.S.C. 823(f) and AGENCY: United States International the respondent interested party group 824(a)(4). Following prehearing Trade Commission. responses were adequate with respect to procedures, a hearing was held in ACTION: Notice of Commission France, but inadequate with respect to Pittsburgh, Pennsylvania on March 10, determinations to conduct full five-year Brazil, India, and Spain. The 1998, and in Arlington, Virginia on reviews concerning the countervailing Commission also found that other August 18, 1998. At the hearing, both duty and antidumping duty orders on circumstances warranted conducting parties called witnesses to testify and stainless steel wire rod from Brazil, full reviews with respect to Brazil, the Government introduced France, India, and Spain. India, and Spain.1 documentary evidence. After the SUMMARY: The Commission hereby gives A record of the Commissioners’ votes, hearing, both parties submitted notice that it will proceed with full the Commission’s statement on proposed findings of fact, conclusions of reviews pursuant to section 751(c)(5) of adequacy, and any individual law and argument. the Tariff Act of 1930 (19 U.S.C. Commissioner’s statements will be On May 6, 1999, Judge Bittner issued 1675(c)(5)) to determine whether available from the Office of the her Opinion and Recommended Ruling, revocation of the antidumping duty Secretary and at the Commission’s web Findings of Fact, Conclusions of Law orders on stainless steel wire rod from site. and Decision, recommending that Brazil, France, India, and Spain would Authority: These reviews are being Respondent’s DEA Certificate of be likely to lead to continuation or conducted under authority of title VII of the Registration be revoked, and any recurrence of material injury within a Tariff Act of 1930; this notice is published pending applications be denied. On reasonably foreseeable time. The pursuant to section 207.62 of the June 18, 1999, Respondent filed Commission has determined to exercise Commission’s rules. exceptions to Judge Bittner’s opinion its authority to extend the review period Issued: October 8, 1999. and recommended decision, and on July by up to 90 days pursuant to 19 U.S.C. By order of the Commission. 9, 1999, the Government filed its 1675(c)(5)(B); a schedule for the reviews Donna R. Koehnke, response to Respondent’s exceptions. will be established and announced at a Secretary. Thereafter, on July 15, 1999, Judge later date. [FR Doc. 99–26908 Filed 10–14–99; 8:45 am] Bittner transmitted the record of these proceedings to the Deputy For further information concerning BILLING CODE 7020±02±P the conduct of these reviews and rules Administrator. of general application, consult the The Deputy Administrator has considered the record in its entirety, Commission’s Rules of Practice and DEPARTMENT OF JUSTICE Procedure, part 201, subparts A through and pursuant to 21 CFR 1316.67 hereby E (19 CFR part 201), and part 207, Drug Enforcement Administration issues his final order based upon subparts A, D, E, and F (19 CFR part findings of fact and conclusions of law 207). Recent amendments to the Rules [Docket No. 97±22] as hereinafter set forth. The Deputy of Practice and Procedure pertinent to Administrator adopts, in full, the James C. LaJevic, D.M.D.; Revocation five-year reviews, including the text of Opinion and Recommended Ruling, of Registration subpart F of part 207, are published at Findings of Fact, Conclusions of Law 63 FR 30599, June 5, 1998, and may be On June 5, 1997, the Deputy Assistant and Decision of the Administrative Law downloaded from the Commission’s Administrator, Office of Diversion Judge. His adoption is in no manner World Wide Web site at http:// Control, Drug Enforcement diminished by any recitation of facts, www.usitc.gov/rules.htm. Administration (DEA), issued an Order issues and conclusions herein, or of any EFFECTIVE DATE: October 1, 1999. to Show Cause to James C. LaJevic, failure to mention a matter of fact or FOR FURTHER INFORMATION CONTACT: D.M.D. (Respondent) of Pittsburgh, law. Bonnie Noreen (202–205–3167), Office Pennsylvania, notifying him of an The Deputy Administrator finds that of Investigations, U.S. International opportunity to show cause as to why Respondent has practiced dentistry in Trade Commission, 500 E Street SW, DEA should not revoke his DEA Pittsburgh, Pennsylvania since 1976. Washington, DC 20436. Hearing- Certificate of Registration, BL4788064, While Respondent now lives in Boulder impaired persons can obtain pursuant to 21 U.S.C. 824(a)(1), and City, Nevada, he still practices dentistry information on this matter by contacting deny any pending applications for in Pittsburgh approximately seven to ten the Commission’s TDD terminal on 202– renewal of such registration pursuant to days per month. 205–1810. Persons with mobility 21 U.S.C. 823(f). The Order to Show On September 10, 1990, the impairments who will need special Cause alleged that Respondent Commonwealth of Pennsylvania, assistance in gaining access to the materially falsified two applications for Department of State, Bureau of Commission should contact the Office registration with DEA. Professional and Occupational Affairs, of the Secretary at 202–205–2000. Respondent requested a hearing on State Board of Dentistry (Dental Board) General information concerning the the issues raised by the Order to Show issued an Order suspending Commission may also be obtained by Cause, and the matter was docketed Respondent’s state dental license for a accessing its internet server (http:// before Administrative Law Judge Mary period of three months commencing on www.usitc.gov). Ellen Bittner. During prehearing October 12, 1990. The Dental Board’s SUPPLEMENTARY INFORMATION: On action was based on Respondent’s 1988 October 1, 1999, the Commission 1 Commissioner Crawford dissenting. conviction in the United States District

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.157 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55963

Court for the Western District of substance prescriptions using his suspended, denied, restricted, or placed Pennsylvania for income tax evasion. expired DEA registration. One on probation. In reviewing this On April 1, 1991, Respondent pharmacist told the BNI agent that application, a registration assistant submitted an application for the Respondent frequented his pharmacy performed a routine computer database renewal of DEA Certificate of and had telephoned prescriptions for background check but misspelled Registration AL6222296, which was his personal use for Valium, and for a Respondent’s name and as a result no initially issued to Respondent in cough syrup containing Hycodan, both adverse action was noted. As a result, November 1974. Respondent answered controlled substances. The pharmacist DEA issued Respondent DEA Certificate ‘‘No’’ to the question on the application, indicated that when he questioned of Registration BL4788064. hereinafter referred to as the liability Respondent about the Valium The local DEA investigator was question, which asked, ‘‘Has the prescription, Respondent indicated that surprised when he learned that applicant ever been convicted of a crime it was for office use only, and the Respondent had been granted a in connection with controlled pharmacist noted ‘‘office’’ on the registration because he had intended to substances under State or Federal law, prescription. Respondent testified at the request an Order to Show Cause seeking or ever surrendered or had a Federal hearing that he never told anyone that to deny any application submitted by controlled substance registration any presciption was for ‘‘office use,’’ Respondent. On August 30, 1996, DEA revoked, suspended, restricted or and the Hycodan cough syrup was sent Respondent a letter providing him denied, or ever had a State professional something that he personally used for a with an opportunity to surrender his license or controlled substance cough. new DEA Certificate of Registration. On registration revoked, suspended, denied, On March 14, 1996, a search warrant September 3, 1996, Respondent called restricted or placed on probation?’’ was executed at Respondent’s office by the local DEA office to discuss the Respondent’s registration was renewed. state agents. During execution of the August 30, 1996 letter. Respondent was Effective March 9, 1994, following a warrant, Respondent’s DEA Certificate told that DEA planned to take action formal hearing, the Dental Board issued of Registration AL6222296 which against his new registration based upon an Adjudication and Order finding, expired on March 31, 1994, was found the falsification of his March 1996 among other things, that Respondent (1) in Respondent’s desk drawer. application for registration. The DEA failed on two occasions to responsibly Respondent told the BNI agent that he investigator testified that in response, administer the controlled substance knew that his previous DEA registration Respondent explained that he had Halcion, (2) failed to keep thorough and had expired since several pharmacists mistakenly answered ‘‘No’’ to the adequate records of the administration had informed him of this in February liability question, believing that the of controlled substances in his office, (3) 1996, and that he had recently reapplied question related only to the suspension failed to take into account the medical for a new Certificate of Registration. or probation of his DEA registration, and condition of his patients when Respondent offered no explanation as to not his State licensure. Respondent performing dental procedures, (4) failed why he had failed to renew his previous declined to surrender his registration, to provide patients with adequate registration, but he indicated that he which resulted in the Order to Show information regarding treatment and continued writing controlled substance Cause that initiated these proceedings. controlled substances, and (5) violated prescriptions because his patients At the hearing in this matter, the standards of professional conduct by needed the medication for pain. Respondent testified that he wrote self-prescribing Hydrodiuril, a Respondent also told the BNI agent that controlled substance prescriptions hypertensive drug, for twelve years. The he had assumed that his DEA without a valid DEA registration from Dental Board suspended Respondent’s registration was automatically March 1995 until February 1996, at dental license for two years beginning suspended when his state dental license which point he was told by a on April 8, 1994, but provided that one was suspended and believed that when pharmacist that his previous DEA year of the suspension was to be active his state dental license was reinstated, registration was no longer valid. and the remaining year of the so was his DEA registration. When Respondent stated that he had practiced suspension was stayed and Respondent asked about the prescription for dentistry for over 25 years and had was paced on probation. In addition, personal and office use, Respondent never before forgotten to renew his DEA Respondent was fined $1,000.00. said that he was not familiar with that registration. According to Respondent Upon learning of Respondent’s pharmacy and never wrote prescriptions when his dental license was suspended suspension, a DEA investigator sent for personal use. in 1994, state personnel came to his Respondent a letter dated May 13, 1994, During the course of the state office and removed the plaque with his providing Respondent with the investigation, the BNI agent found 60 dental license which had his DEA opportunity to voluntarily surrender his controlled substance prescriptions registration taped to it. The plaque was DEA Certificate of Registration since he issued or authorized by Respondent returned at the end of the year was not currently authorized to handle using his expired DEA registration suspension and he resumed practicing. controlled substances in Pennsylvania. AL6222296. Respondent also testified that he did DEA did not receive a response to this After learning from several not intentionally falsify his DEA letter, but the investigator did not pharmacists that his previous DEA applications. He asserted that he had pursue further administrative action registration had expired, Respondent nothing to gain by falsifying the against Respondent’s registration, since submitted an application for a new applications and was confused by the the registration expired on March 31, Certificate of Registration. In early liability question. According to 1994, with no renewal application being March 1996, the Registration Unit at Respondent, he simply misread the submitted. DEA Headquarters received an question and believed that it only In February 1996, an agent with the application for registration from pertained to suspensions based upon Pennsylvania Office of the Attorney Respondent that was signed but controlled substance violations. General, Bureau of Narcotics undated. Again Respondent indicated The Deputy Administrator, in his Investigation (BNI), interviewed several that he had never had his State discretion, may revoke a DEA Certificate local pharmacists to determine whether professional license or controlled of Registration and deny any Respondent was issuing controlled substances registration revoked, applications if the registrant ‘‘has

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.199 pfrm02 PsN: 15OCN1 55964 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices materially falsified any application filed The Deputy Administrator concurs license to handle controlled substances pursuant to or required by this with Judge Bittner’s conclusion that in Pennsylvania since 1996. However, subchapter * * *.’’ 21 U.S.C. 824(a)(1). Respondent materially falsified his as Judge Bittner stated, ‘‘inasmuch as In addition, the Deputy Administrator applications of registration. DEA has State licensure is a necessary but not may also revoke a DEA Certificate of previously held that it is the registrant’s sufficient condition for a DEA Registration and deny any pending ‘‘responsibility to carefully read the registration, * * * this factor is not applications for registration ‘‘if he question and to honestly answer all determinative.’’ determines that the issuance of such parts of the question.’’ See Samuel As to factors two and four, registration would be inconsistent with Arnold, D.D.S., 63 FR 8687 (1998); Respondent’s experience in handling the public interest.’’ 21 U.S.C. 824(a)(4). Martha Hernandez, M.D., 62 FR 61,145 controlled substances and his In determining the public interest, the (1997). Therefore, grounds exist to compliance with applicable laws Deputy Administrator is to consider the revoke Respondent’s registration relating to controlled substances, the following factors set forth in 21 U.S.C. pursuant to 21 U.S.C. 824(a)(1). Deputy Administrator has considered 823(f): Respondent has consistently argued these factors together. There is no (1) The recommendation of the that he did not intentionally answer the question that Respondent has practiced appropriate State licensing board or liability questions incorrectly. The dentistry for 25 years. But, it is also professional disciplinary authority. Deputy Administrator notes that if undisputed that between April 1, 1994 (2) The applicant’s experience in evidence existed that indicated that and March 15, 1996, Respondent issued dispensing, or conducting research with Respondent intentionally falsified his 60 controlled substance prescriptions respect to controlled substances. applications, criminal charges could using an expired DEA registration, (3) The applicant’s conviction record have been brought against Respondent. clearly a violation of 21 U.S.C. 843(a)(2). under Federal or State laws relating to But as has been previously noted, Respondent attempted to justify this the manufacture, distribution, or negligence and carelessness in conduct by stating that he did not dispensing of controlled substances. completing an application for realize that his previous DEA (4) Compliance with applicable State, registration could be a sufficient reason registration had expired until he was so Federal, or local laws relating to to revoke a registration. See Id. Clearly, advised by a local pharmacist. But, the controlled substances. Respondent was negligent and careless Deputy Administrator agrees with Judge (5) Such other conduct which may in completing his applications, and Bittner that, ‘‘[t]here is simply no excuse threaten the public health and safety. Judge Bittner did not find Respondent’s for Respondent’s failure to be aware of These factors are to be considered in the explanations persuasive. the status of his DEA registration.’’ disjunctive; the Deputy Administrator In his exceptions to Judge Bittner’s Respondent knew that his DEA may rely on any one or a combination opinion, Respondent argued for the first registration needed to be renewed on a of factors and may give each factor the time that he misread the question regular basis since he had consistently weight he deems appropriate in believing that it asked whether there renewed his registration in the past. His determining whether a registration had ever been any disciplinary action failure to do so on this occasion is should be revoked or an application for against ‘‘his State professional license another example of his negligent and registration be denied. See Henry J. for controlled substance registration,’’ careless behavior. The record also Schwarz, Jr., M.D., 54 FR 16,422 (1989). rather than ‘‘his State professional supports a conclusion that Respondent First, pursuant to 21 U.S.C. 824(a)(1), license or controlled substance wrote a prescription for diazepam for a registration may be revoked if the registration.’’ In its response to office use in violation of 21 CFR registrant has materially falsified an Respondent’s exceptions, the 1306.04(b). application for registration. DEA has Government argued that Respondent’s Regarding factor three, there is no previously held that in finding that ‘‘disingenuous belated argument evidence that Respondent has ever been there has been a material falsification of reinforces (Judge Bittner’s) conclusion convicted under State or Federal laws an application, it must be determined that Respondent was not candid.’’ The relating to controlled substances. that the applicant knew or should have Deputy Administrator agrees with the As to factor five, the Deputy known that the response given to the Government. Respondent seems to be Administrator finds that Respondent’s liability question was false. See, Martha grasping for any explanation as to why inconsistent explanations for the Hernandez, M.D., 62 FR 61,145 (1997), he falsified his applications for falsification of his 1991 and 1996 Herbert J. Robinson, M.D., 59 FR 6304 registration. Had this truly been the applications for registration demonstrate (1994). reason for Respondent’s answer to the Respondent’s lack of candor. It is undisputed that Respondent liability questions, Respondent should Judge Bittner concluded that answered ‘‘No’’ to the liability question have raised this at the hearing rather Respondent’s DEA registration should on both his 1991 renewal application than for the first time in his exceptions. be revoked based upon the material and his 1996 application which asked Next, the Deputy Administrator must falsification of his applications and that whether his state medical license had consider whether Respondent’s his continued registration would be been suspended or placed on probation. continued registration would be inconsistent with the public interest. In Respondent admitted that he knew that inconsistent with the public interest. As his exceptions to Judge Bittner’s his state medical license had been to factor one, it is undisputed that opinion, Respondent argued that suspended in 1990 and had been Respondent’s dental license was revocation would be too harsh a suspended and then placed on suspended by the state Dental Board in sanction in light of his ‘‘administrative probation in 1994, but he testified that 1990, as suspended and then placed on errors.’’ he did know that his answers to the probation in 1994. The Deputy The Deputy Administrator agrees with liability questions were false because Administrator notes that some of the Judge Bittner. Revocation is warranted the questions were confusing and he reasons for the second suspension in this case. Not only did Respondent thought that the questions only dealt related to Respondent’s handling of materially falsify two applications for with disciplinary actions relating to the controlled substances in his dental registration, but he also authorized 60 improper handling of controlled practice. But it is also undisputed that controlled substance prescriptions using substances. Respondent has had an unrestricted an expired DEA registration. At the very

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55965 least, this lack of attention to detail both parties called witnesses to testify testified that he never received a notice demonstrates Respondent’s negligence and introduced documentary evidence. that he needed to renew his controlled and carelessness in his compliance with After the hearing, both parties submitted substance registration. According to controlled substance laws and proposed findings of fact, conclusions of Respondent, he even consulted with an regulations. Therefore, the Deputy law and argument. attorney who was also his Congressman Administrator finds that Respondent’s On June 16, 1999, Judge Bittner issued who told Respondent that he only DEA Certificate of Registration must be her Opinion and Recommended Ruling, needed a Federal controlled substance revoked based upon the material Findings of Fact, Conclusions of Law registration if he was dispensing falsification of his applications for and Decision, recommending that controlled substances. Yet it is also registration and based upon a finding Respondent’s DEA Certificate of undisputed that during at least most of that Respondent’s continued registration Registration be revoked, and any this period Respondent’s prescription would be inconsistent with the public pending applications for registration be pads were preprinted with DEA interest. denied. Neither party filed exceptions to registration number AM3456680. Accordingly, the Deputy Judge Bittner’s opinion and In 1987, the local hospital was Administrator of the Drug Enforcement recommended decision, and on July 19, conducting a review of the medical Administration, pursuant to the 1999, Judge Bittner transmitted the staff’s credentials and discovered that it authority vested in him by 21 U.S.C. 823 record of these proceedings to the did not have a copy of Respondent’s and 824 and 28 CFR 0.100(b) and 0.104, Deputy Administrator. DEA Certificate of Registration on file. hereby orders that DEA Certificate of The Deputy Administrator has In October 1987, the hospital Registration BL4788064, issued to James considered the record in its entirety, administrator wrote to Respondent C. LaJevic, D.M.D., be, and it hereby is, and pursuant to 21 CFR 1316.67 hereby requesting a copy of his DEA revoked. The Deputy Administrator issues his final order based upon registration. Respondent replied that he further orders that any pending findings of fact and conclusions of law did not need a DEA registration because applications for registration, be, and as hereinafter set forth. The Deputy he only prescribed controlled they hereby are, denied. This order is Administrator adopts, except as substances. The hospital staff verified effective November 15, 1999. specifically noted below, the Opinion with DEA that Respondent did not have Dated: October 7, 1999. and Recommended Ruling, findings of a DEA registration, but through an Fact, Conclusions of Law and Decision Donnie R. Marshall, oversight, no action was taken by the of the Administrative Law Judge. His Deputy Administrator. hospital at that time. adoption is in no manner diminished by [FR Doc. 99–27004 Filed 10–14–99; 8:45 am] In March 1990, the issue of any recitation of facts, issues and BILLING CODE 4410±09±M Respondent’s DEA registration was conclusions herein, or of any failure to mention a matter of fact or law. raised again at the hospital. Once again, the hospital staff verified with DEA that DEPARTMENT OF JUSTICE The Deputy Administrator finds that Respondent entered the United States Respondent did not have a DEA Certificate of Registration and also that Drug Enforcement Administration Navy in 1958 during his senior year in medical school, graduated from medical AM3456680 was a non-existent DEA [Docket No. 98±14] school in 1959, and then completed a number. one-year internship. After leaving the At some point, the hospital Bernard C. Musselman, M.D.; Navy in 1963, he practiced general administrator obtained a copy of a form Revocation of Registration medicine in Ogdensburg, New York for memorandum that was sent to On February 10, 1998, the Deputy three years, and then completed a two- Respondent by the hospital’s director of Assistant Administrator, Office of year residency in pediatrics at the Mayo pharmacy in January 1989 or 1990 Diversion Control, Drug Enforcement Clinic. Thereafter, Respondent returned asking for Respondent’s signature and Administration (DEA), issued an Order to Ogdensburg and practiced pediatric DEA registration number. Respondent to Show Cause to Bernard C. medicine until he retired in 1990. While signed the memorandum and listed his Musselman, M.D. of Ogdensburg, New in practice in Ogdensburg, Respondent DEA registration as AM3456680. York, notifying him of an opportunity to maintained admitting privileges at a Respondent testified that signing the show cause as to why DEA should not local hospital. form was ‘‘an error because I didn’t revoke his DEA Certificate of Respondent was issued a provisional know what I was doing. That’s my old Registration BM5006540, pursuant to 21 registration to handle controlled BND (sic) number that had been on file U.S.C. 824(a)(1), and deny any pending substances, AM3456680, effective May there for years. I thought that was the applications for renewal of such 1, 1971 through January 31, 1972. It is number they wanted.’’ registration as a practitioner under 21 undisputed that Respondent prescribed On March 26, 1990, the hospital U.S.C. 823(f), on the grounds that his controlled substances throughout his administrator sent a memorandum to continued registration would be medical career, but he was not the hospital’s director of pharmacy, inconsistent with the public interest. registered with DEA or its predecessor with copies to various other hospital Respondent, through counsel, agencies to handle controlled personnel including Respondent, requested a hearing on the issues raised substances from February 1, 1972 until advising that effective immediately, by the Order to Show Cause, and the April 11, 1990. According to Respondent was not able to write any matter was docketed before Respondent, it was his understanding controlled substance prescriptions Administrative Law Judge Mary Ellen that a physician only needed a Federal because he did not have a DEA Bittner. During prehearing procedures, narcotics registration if he was registration. After learning of the the cited statutory authority for the dispensing controlled substances. memorandum, Respondent had a proposed action was changed from 21 Respondent testified that he never discussion with the hospital U.S.C. 824(a)(1) to 21 U.S.C. 824(a)(4). obtained a DEA registration because he administrator. Respondent was told that Following prehearing procedures, a only prescribed controlled substances in he was not allowed to write orders for hearing was held in Arlington, Virginia his pediatric practice, and did not controlled substances, and that if he on December 9, 1998. At the hearing, dispense them. Respondent further needed to order controlled substances

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.202 pfrm02 PsN: 15OCN1 55966 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices he would have to have a consulting abreast of the changes of the rules and restoration of his medical license for at physician write the order for him. regulations of the health department. least one year. Respondent’s application Respondent contacted the local DEA And when he discovered the rules have was granted effective March 25, 1992. office in early April 1990 to obtain an changed, he ought to tell me. And when On June 14, 1996, Respondent’s medical application for registration. he was he told me, I acted. * * *’’ license was restored. issued DEA Certificate of Registration The fair hearing committee was On August 6, 1996, Respondent BM2219673 on April 11, 1990. troubled that no DEA representative nor submitted a new application for DEA On April 1 or 2, 1990, the hospital’s the hospital’s medical director testified. registration. On this application, medical director admitted a patient to The committee recommended that Respondent answered ‘‘No’’ to question the hospital who had had a seizure and Respondent’s privileges be reinstated 4(c): ‘‘Has the applicant ever gave her phenobarbital, a controlled once he submits a valid DEA Certificate surrendered or had a Federal controlled substance. The medical director asked of Registration to the hospital, he revises substance registration revoked, Respondent to take over the patient’s his prescription pads to include a valid suspended, restricted, or denied?’’ care. According to Respondent he DEA registration number, and he Respondent also answered ‘‘No’’ to expressed concern over treating the obtains continuing medical education question 4(d): ‘‘Has the applicant ever patient since he could not write credits on hospital credentialing and the had a State professional license or controlled substance orders. On the prescribing of controlled substances. controlled substance registration morning of April 2, 1990, Respondent Notwithstanding the fair hearing revoked, suspended, denied, restricted met with the medical director, the floor committee’s recommendation, the or placed on probation?’’ These nurse and the patient’s mother to discus hospital’s Board of Directors said that questions are hereinafter referred to as the patient’s care. According to Respondent’s privileges would not be the liability questions. On August 22, Respondent, the medical director agreed reinstated at that time but that he could 1996, Respondent was issued DEA to countersign orders for phenobarbital reapply the following spring. Certificate of registration BM5006540. for the patient. Respondent believed Respondent felt that he could not When local DEA investigators learned that this meant that the medical director practice medicine without hospital of Respondent’s registration, they would be taking responsibility for the privileges so he decided to retire. requested that Respondent surrender the order. Respondent introduced into After being advised by a state registration on the basis that he evidence at the hearing an affidavit from investigator that Respondent had been materially falsified his application by the patient’s mother who indicated that issuing controlled substance his answers to the liability questions. the medical director did agree to prescriptions without a valid DEA Respondent refused to surrender his countersign orders for phenobarbital for registration, DEA investigators went to registration because he did not believe her daughter. However, the hospital three local pharmacies on April 26, that he materially falsified his 1996 administrator testified that Respondent 1990 and retrieved a total of 38 application since in his opinion, he did wrote the order for phenobarbital that controlled substanced prescriptions that not surrender his previous registration morning and that it was the hospital Respondent had issued between 1986 in August 1991. administrator who asked the medical and March 1990 with DEA number AM When asked at the hearing whether he director to countersign the order. 3456680 on the prescriptions. No action considered his actions in August 1991 a As a result of this order for was taken by DEA at that time. surrender of his previous DEA phenobarbital, the hospital’s executive In March 1991, DEA learned that registration, Respondent stated that, committee summarily suspended Respondent had retired from the practice of medicine. In August 1991, No, I did not * * * You see, there’s a Respondent’s hospital privileges matter of interpretation here. Some people because he did not comply with the two DEA investigators went to see if might interest surrender as a gift, you know. hospital’s directive to not write orders Respondent would surrender his DEA The way I interpret surrender means that for controlled substances. Respondent registration since he was no longer you’re being forced to do it and there is a appealed the suspension to a fair practicing medicine. Respondent signed confrontation when you surrender a license hearing committee which met on May the voluntary surrender form, and or surrender anything. But if you just give 12, 1990. At this hearing, the hospital checked the box on the form which somebody something without a confrontation, that’s a gift. I interpreted administrator testified that on April 2, stated that ‘‘[i[n view of my desire to surrender in the sense of, you know, this is 1990, he received a telephone call from terminate handling of controlled a gift. They want to get it off the street. I’m the medical director advising that the substances listed in schedule(s) ll doing them a favor, and that was my pharmacist on duty had told the (schedules 2, 2N, 3, 3N, 4, and 5 were interpretation. medical director that Respondent had handwritten); I hereby voluntary Further according to Respondent he did written an order for phenobarbital for a surrender my Drug Enforcement not consider signing the voluntary patient. According to the hospital Administration Certificate of surrender form in 1991 a surrender administrator, the medical director did Registration. * * *’’ According to both because. not indicate that he had agreed with Respondent and the investigator who [W]hen you surrender a license, usually Respondent to countersign such an testified at the hearing, this was a you do it because stress is being put upon order. cordial meeting. you. You’re being threatened. Either you Respondent testified before the fair In March 1992, the New York Bureau surrender your license or we’re going to bring hearing committee regarding the of Professional Medical Conduct issued criminal charges against you, you see, and I meeting he had with the medical a statement of charges alleging 11 asked these people, the DEA, ‘‘Am I in any director and the patient’s mother on specifications of professional trouble with you,’’ and they said, ‘‘No, you’re April 2, 1990 and regarding the medical misconduct. Respondent. filed an in no trouble.’’ director’s agreement to countersign any application to surrender his license to Respondent also testified that he did order for phenobarbital for the patient. practice medicine on grounds that he not believe that he falsified his 1996 Respondent further testified before the did not contest the specifications, but application for registration by answering fair hearing committee that he was also stating that nothing in his ‘‘No’’ to question 4(d) because he did oblivious to the DEA number on his application was to be construed as an not think that the question applied to prescription pads and that ‘‘the reason admission of any act of misconduct. him. He did not feel that his state we hire a CEO of a hospital is to keep Respondent agreed not to apply for license had been restricted. According

VerDate 12-OCT-99 19:12 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55967 to Respondent, ‘‘I had an agreement that When asked if he had taken any been convicted of violating any laws I would voluntarily surrender my courses on the proper handling of relating to the manufacture, license for one year.’’ controlled substances, Respondent distribution, or dispensing of controlled On October 1, 1997, the New York testified, substances. Bureau of Professional Misconduct Doctors don’t do that. There are no courses, As to factor four, Respondent issued a statement of charges alleging you know. It’s so little to learn. All you need prescribed controlled substances and that Respondent practiced the to know is you need a DEA number and the ordered them for hospital inpatients profession of medicine fraudulently and law changes, and that’s up to DEA and that’s without being registered with DEA to filed a false report by his response to up to a hospital administrator to let you handle controlled substances from question 4(c) on his 1996 DEA know. You don’t have to go take a course for February 1, 1972 until April 11, 1990, application, and by answering ‘‘No’’ to that. which is prohibited by 21 U.S.C. the following question on his state The Deputy Administrator may 841(a)(1) and 843(a)(2). Respondent application executed in October 1990: revoke a DEA Certificate of Registration knew or should have known that a DEA Since you last registered has any hospital and deny and pending application registration is necessary to handle or licensed facility restricted or terminated pursuant to 21 U.S.C. 823(f) and controlled substances and that he did your professional training, employment, 824(a)(4), if he determines that the not possess a valid DEA registration. privileges or have you ever voluntarily or continuance or issuance of such Particularly troubling to the Deputy involuntarily resigned or withdrawn from registration would be inconsistent with Administrator is that Respondent such association to avoid imposition of such the public interest. In determining the supplied a DEA registration number to action due to professional misconduct, public interest, the Deputy the hospital pharmacy when asked for unprofessional conduct, incompetence or Administrator is to consider the one. It is inconceivable to the Deputy negligence? following factors set forth in 21 U.S.C. Administrator that Respondent could On March 2, 1998, a Hearing 823(f). fill out the form to the hospital’s Committee of the Medical Board issued (1) The recommendation of the director of pharmacy asking for a Determination and Order finding that appropriate State licensing board or Respondent’s DEA registration and not the specifications in the state of charges professional disciplinary authority. wonder why the hospital needed this were not sustained, dismissing the (2) The applicant’s experience in number, if as Respondent through a charges in the statement of charges, and dispensing, or conducting research with DEA registration is only needed if a directing that no action be taken against respect to controlled substances. physician dispenses controlled Respondent’s license to practice (3) The applicant’s conviction record substances. This conduct at the very last medicine in New York. The Committee under Federal or State law relating to demonstrates a careless disregard for the found that the factual allegations as to the manufacture, distribution or law relating to controlled substances. how Respondent answered the dispensing of controlled substances. However unlike Judge Bittner, the questions at issue and that he had been (4) Compliance with applicable State, Deputy Administrator does not find that suspended from the local hospital were Federal, or local laws relating to Respondent inappropriately ordered proven, but that it was not proven that controlled substances. that phenobarbital be given to a patient he surrendered his DEA registration in (5) Such other conduct which may on April 2, 1990. There is some dispute August 1991. The Committee also found threaten the public health and safety. as to what was agreed to in advance by that it was reasonable for Respondent to These factors are to be considered in the the medical director and Respondent answer the questions as he did because, disjunctive; the Deputy Administrator regarding the providing of phenobarbital with respect to his hospital privileges, may rely on any one or a combination for the patient. Given that the medical he reasonably interpreted that his of factors and may give each factor the director did not testify before Judge suspension was not based on any of the weight he deems appropriate in Bittner or at the hospital’s fair hearing reasons stated in the question, and he determining whether a registration committee, the Deputy Administrator is likewise did not consider that he should be revoked or an application for unable to determine whether surrendered his DEA registration in registration denied. See Henry J. Respondent did anything improper. 1991. Schwarz, Jr., M.D. 54 FR 16,422 (1989). As to factor five, the Government As of the date of the hearing, Regarding factor one, it is undisputed contends that Respondent falsified his Respondent was ‘‘pretty much retired’’ that Respondent is authorized by the 1996 DEA application for registration but every winter he goes to the State of New York to practice medicine and that this conduct should be Dominican Republic for a month to and handle controlled substances. But, considered under this factor. In August work in a charity clinic. According to as Judge Bittner noted, ‘‘inasmuch as 1991, Respondent signed a form that Respondent he wants his DEA State licensure is a necessary but not was clearly entitled ‘‘Voluntary registration because he wants all of his sufficient condition for a DEA Surrender of Controlled Substances credentials to be in order when he registration, * * * this factor is not Privileges.’’ He checked a box on the works in the Dominican Republic. determinative.’’ form that clearly stated that he was However, no evidence was presented As to factor two, there is no allegation voluntarily surrendering his DEA that a DEA registration is necessary for or evidence that Respondent handled Certificate of Registration in view of his Respondent’s charity work. controlled substances for other than desire to terminate his handling of When asked at the hearing whether it legitimate medical purposes. However, controlled substances. Respondent’s is incumbent upon an individual who it is undisputed that Respondent failure to consider this a surrender of handles controlled substances to keep handled controlled substances without his previous DEA registration and to informed of applicable laws and being registered with DEA to do so. But note it as such on his 1996 application regulations, Respondent replied. like Judge Bittner, the Deputy for registration is at the very least No. That’s why you hire hospital Administrator finds that this conduct is careless. administrators. I think it’s incumbent upon more appropriately considered under Judge Bittner concluded that DEA to let doctors know when the law factor four. Respondent’s continued registration changes and it’s incumbent upon hospital Regarding factor three, it is would be inconsistent with the public administrators to bring doctors up to date. undisputed that Respondent has not interest and recommended that his

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.205 pfrm02 PsN: 15OCN1 55968 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices registration be revoked. The Deputy The purpose of this notice is to notify instruction in the completion of the Administrator agrees. Respondent the public that INS is reinstating with form, together with an explanation of handled controlled substances for over change this information collection and the terms and conditions of the bond. 18 years without a DEA registration. He to allow an additional 30 days for public (5) An estimate of the total number of listed a non-existent DEA number on his comments. Comments are encouraged respondents and the amount of time prescription pads and provided the and will be accepted until November 15, estimate for an average respondent to number to the hospital pharmacy, but at 1999. This process is conducted in respond: 25,000 responses at 30 minutes the same time contended that he did not accordance with 5 CFR 1320.10. (.50) hours per response. have a DEA number and did not need Written comments and/or suggestions (6) An estimate of the total public one because he did not dispense regarding the items contained in this burden (in hours) associated with the controlled substances. Further, he was notice, especially regarding the collection: 12,500 annual burden hours. at the very least careless in answering estimated public burden and associated If you have additional comments the liability questions on his application response time, should be directed to the suggestions, or need a copy of the for registration. But even more troubling Office of Management and Budget, proposed information collection is Respondent’s failure to take Office of Information and Regulatory instrument with instructions, or responsibility for his actions. He blames Affairs, Attention: Stuart Shapiro, additional information, please contact others for failing to keep him up-to-date Department of Justice Desk Officer, Richard A. Sloan 202–514–3291, on the requirements for handling Room 10235, Washington, DC 20530; Director, Policy Directives and controlled substances. As Judge Bittner 202–395–7316. Instructions Branch, Immigration and stated, ‘‘[i]n these circumstances, the Written comments and suggestions Naturalization Service, U.S. Department inference is warranted * * * that form the public and affected agencies of Justice, Room 5307, 425 I Street, NW, Respondent is unwilling or unable to concerning the proposed collection of Washington, DC 20536. Additionally, accept the responsibilities inherent in a information should address one or more comments and/or suggestions regarding DEA registration.’’ of the following four points: the item(s) contained in this notice, According, the Deputy Administrator (1) Evaluate whether the proposed especially regarding the estimated of the Drug Enforcement collection of information is necessary public burden and associated response Administration, pursuant to the for the proper performance of the time may also be directed to Mr. authority vested in him by 21 U.S.C. 823 functions of the agency, including Richard A. Sloan. and 824 and 28 CFR 0.100(b) and 0.104, whether the information will have If additional information is required hereby orders that DEA Certificate of practical utility; contact: Mr. Robert B. Biggs, Clearance Registration BM5006540, issued to (2) Evaluate the accuracy of the Officer, United States Department of Bernard C. Musselman, M.D., be, and it agency’s estimate of the burden of the Justice, Information Management and hereby is, revoked. The Deputy proposed collection of information, Security Staff, Justice Management Administrator further orders that any including the validity of the Division, Suite 850, Washington Center, pending applications for registration, be, methodology and assumptions used; 1001 G Street, NW., Washington, DC and they hereby are, denied. This order (3) Enhance the quality, utility, and 20530. is effective November 15, 1999. clarity of the information to be collected; and Dated: October 8, 1999. Dated: October 7, 1999. (4) Minimize the burden of the Richard A. Sloan, Donnie R. Marshall, collection of information on those who Department Clearance Officer, Department of Deputy Administrator, are to respond, including through the Justice, Immigration and Naturalization [FR Doc. 99–27003 Filed 10–14–99; 8:45 am] use of appropriate automated, Service. BILLING CODE 4410±09±M electronic, mechanical, or other [FR Dos. 99–26911 Filed 10–14–99; 8:45 am] technological collection techniques or BILLING CODE 4410±10±M other forms of information technology, DEPARTMENT OF JUSTICE e.g., permitting electronic submission of responses. DEPARTMENT OF JUSTICE Immigration and Naturalization Service Overview of this information collection: Immigration and Naturalization Service Agency Information Collection (1) Type of Information Collection: Agency Information Collection Activities: Proposed Collection; Revision of a currently approved Comment Request Activities: Proposed Collection; collection. Comment Request ACTION: Notice of information collection (2) Title of the Form/Collection: under review: Immigration Bond. Immigration Bond. ACTION: Notice of information collection (3) Agency form number, if any, and under review: Application for The Department of Justice, the applicable component of the Suspension of Deportation or Special Immigration and Naturalization Service Department of Justice sponsoring the Rule Cancellation of Removal (Pursuant (INS) has submitted the following collection: Form I–352. Detention and to Section 203 of Pub. L. 105–100). information collection request to the Deportation Division, Immigration and Office of Management and Budget Naturalization Service. The Department of Justice, (OMB) for review and clearance in (4) Affected public who will be asked Immigration and Naturalization Service accordance with the Paperwork or required to respond, as well as a brief (INS) has submitted the following Reduction Act of 1995. The information abstract: Primary: individuals or information collection request to the collection was previously published in households. The data collected on this Office of Management and Budget the Federal Register on July 6, 1999 at form is used by the INS to ensure that (OMB) for review and clearance in 64 FR 36403, allowing for a 60-day the person or company posting the bond accordance with the Paperwork public comment period. The INS is aware of the duties and Reduction Act of 1995. The information received no comments on the proposed responsibilities associated with the collection was previously published in information collection. bond. The form serves the purpose of the Federal Register on May 21, 1999 at

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.206 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55969

64 FR 27807, allowing for a 60–day collection: Form I–881. Office of DEPARTMENT OF LABOR public comment period. No comments International Affairs, Asylum Division, were received by the INS on the Immigration and Naturalization Service. Employment and Training proposed information collection. (4) Affected public who will be asked Administration The purpose of this notice is to allow or required to respond, as well as brief an additional 30 days for public abstract: Primary: Business or other for- Labor Surplus Area Classifications comments. Comments are encouraged profit. This form is used by Under Executive Orders 12073 and and will be accepted until November 15, nonimmigrants to apply for suspension 10582 1999. This process is conducted in of deportation or special rule Notice of the Annual List of Labor accordance with 5 CFR 1320.10. cancellation of removal. The Surplus Areas Written comments and/or suggestions, information collected on this form is regarding the items contained in this necessary in order to determine if the AGENCY: Employment and Training notice, especially regarding the individual applying for this benefit Administration, Labor. estimated public burden and associated meets the criteria for eligibility under ACTION: Notice. response time, should be directed to the Section 203 of Public Law 105–100. The Office of Management and Budget, information collected on this form is DATE: The annual list of labor surplus Office of Information and Regulatory also necessary in order for the INS to areas is effective October 1, 1999. Affairs, Attention: Dan Chenok, determine if it has jurisdiction over an Department of Justice Desk Office, Room individual applying fot this benefit SUMMARY: The purpose of this notice is 10235, Washington, DC 20530: 202– under section 203 of Public Law 105– to announce the annual list of labor 395–7316. 100. surplus areas. Written comments and suggestions (5) An estimate of the total number of FOR FURTHER INFORMATION CONTACT: from the public and affected agencies respondents and the amount of time William J. McGarrity, Labor Economist, concerning the proposed collection of estimated for an average respondent to USES, Employment and Training information should address on or more respond: 100,000 responses at 12 hours Administration, 200 Constitution of the following four points: per response. avenue, N.W., Room N–4470, Attention: (1) Evaluate whether the proposed (6) An estimate of the total public TEESS, Washington, D.C. 20210. collection of information is necessary burden (in hours) associated with the Telephone: 202–219–5185, ext. 129. for the proper performance of the collection: 1,200,000 annual burden functions of the agency, including hours. SUPPLEMENTARY INFORMATION: The whether the information will have If you have additional comments, Department of Labor regulations practical utility; suggestions, or need a copy of the implementing Executive Orders 12073 (2) Evaluate the accuracy of the proposed information collection and 10582 are set forth at 20 CFR Part agency’s estimate of the burden of the instrument with instructions, or 654, Subparts A and B. Subpart A proposed collection of information, additional information, please contact requires the Assistant Secretary of Labor including the validity of the Richard A. Sloan 202–514–3291, to classify jurisdictions as labor surplus methodology and assumptions used; Director, Policy Directives and areas pursuant to the criteria specified (3) Enhance the quality; utility, and Instructions Branch, Immigration and in the regulations and to publish clarity of the information to be Naturalization Service, U.S. Department annually a list of labor surplus areas. collected; and of Justice, Room 5307, 425 I Street, NW., Pursuant to those regulations the (4) Minimize the burden of the Washington, DC 20536. Additionally, Assistant Secretary of Labor is hereby collection of information on those who comments and/or suggestions regarding publishing the annual list of labor are to respond, including through the the item(s) contained in this notice, surplus areas. use of appropriate automated, especially regarding the estimated public burden and associated response Subpart B of Part 654 states that an electronic, mechanical, or other area of substantial unemployment for technological collection techniques or time may also be directed to Mr. Richard A. Sloan. purposes of Executive Order 10582 is other forms of information technology, any area classified as a labor surplus e.g., permitting electronic submission of If additional information is required contact: Mr. Robert B. Briggs, Clearance area under Subpart A. Thus, labor responses. Officer, United States Department of surplus areas under Executive Order Overview of this information Justice, Information Management and 12073 are also areas of substantial collection: Security Staff, Justice Management unemployment under Executive Order (1) Type of Information Collection: Division, Suite 850, Washington Center, 10582. Revision of currently approved 1001 G Street, NW, Washington, DC The areas listed below have been information collection. 20530. classified by the Assistant Secretary as (2) Title of the Form/Collection: labor surplus areas pursuant to 20 CFR Application for Suspension of Dated: October 8, 1999. 654.5(b) (48 FR 15615 April 12, 1983) Deportation or Special Rule Richard A. Sloan, effective October 1, 1999. Cancellation of Removal (Pursuant to Department Clearance Officer, Department of Section 203 of Public Law 105–100). Justice, Immigration and Naturalization Signed at Washington, DC on October 1, (3) Agency form number, if any, and Service. 1999. the applicable component of the [FR Doc. 99–26912 Filed 10–14–99; 8:45 am] Raymond J. Bramucci, Department of Justice sponsoring the BILLING CODE 4410±18±M Assistant Secretary.

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 55970 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

ALABAMA

ANNISTON CITY ...... ANNISTON CITY IN CALHOUN COUNTY. BARBOUR COUNTY ...... BARBOUR COUNTY. BIBB COUNTY ...... BIBB COUNTY. BULLOCK COUNTY ...... BULLOCK COUNTY. BUTLER COUNTY ...... BUTLER COUNTY. CHOCTAW COUNTY ...... CHOCTAW COUNTY. CLARKE COUNTY ...... CLARKE COUNTY. COLBERT COUNTY ...... COLBERT COUNTY. CONECUH COUNTY ...... CONECUH COUNTY. COVINGTON COUNTY ...... COVINGTON COUNTY. CRENSHAW COUNTY ...... CRENSHAW COUNTY. DALLAS COUNTY ...... DALLAS COUNTY. ESCAMBIA COUNTY ...... ESCAMBIA COUNTY. FAYETTE COUNTY ...... FAYETTE COUNTY. FLORENCE CITY ...... FLORENCE CITY IN. LAUDERDALE COUNTY. FRANKLIN COUNTY ...... FRANKLIN COUNTY. GADSDEN CITY ...... GADSDEN CITY IN ETOWAH COUNTY. GENEVA COUNTY ...... GENEVA COUNTY. GREENE COUNTY ...... GREENE COUNTY. HALE COUNTY ...... HALE COUNTY. JACKSON COUNTY ...... JACKSON COUNTY. LAMAR COUNTY ...... LAMAR COUNTY. LAWRENCE COUNTY ...... LAWRENCE COUNTY. LOWNDES COUNTY ...... LOWNDES COUNTY. MACON COUNTY ...... MACON COUNTY. MARENGO COUNTY ...... MARENGO COUNTY. MARION COUNTY ...... MARION COUNTY. MONROE COUNTY ...... MONROE COUNTY. PERRY COUNTY ...... PERRY COUNTY. PICKENS COUNTY ...... PICKENS COUNTY. PRICHARD CITY ...... PRICHARD CITY IN MOBILE COUNTY SUMTER COUNTY ...... SUMTER COUNTY. TALLADEGA COUNTY ...... TALLADEGA COUNTY. WALKER COUNTY ...... WALKER COUNTY. WASHINGTON COUNTY ...... WASHINGTON COUNTY. WILCOX COUNTY ...... WILCOX COUNTY. WINSTON COUNTY ...... WINSTON COUNTY.

ALASKA

BETHEL CENSUS AREA ...... BETHEL CENSUS AREA. BRISTOL BAY BOROUGH DIV ...... BRISTOL BAY BOROUGH DIV. DENALI BOROUGH ...... DENALI BOROUGH. DILLINGHAM CENSUS AREA ...... DILLINGHAM CENSUS AREA. FAIRBANKS CITY ...... FAIRBANKS CITY IN FAIRBANKS NORTH STAR BOROUGH. BALANCE OF FAIRBANKS NORTH STAR BOR- FAIRBANKS NORTH STAR BOROUGH LESS FAIRBANKS CITY. OUGH. HAINES BOROUGH ...... HAINES BOROUGH. KENAI PENINSULA BOROUGH ...... KENAI PENINSULA BOROUGH. KETCHIKAN GATEWAY BOROUGH ...... KETCHIKAN GATEWAY BOROUGH. KODIAK ISLAND BOROUGH ...... KODIAK ISLAND BOROUGH. LAKE AND PENINSULA BOROUGH ...... LAKE AND PENINSULA BOROUGH. MATANUSKA-SUSITNA BOROUGH ...... MATANUSKA-SUSITNA BOROUGH. NOME CENSUS AREA ...... NOME CENSUS AREA. NORTHWEST ARCTIC BOROUGH ...... NORTHWEST ARCTIC BOROUGH. PRINCE OF WALES OUTER KETCHIKAN ...... PRINCE OF WALES OUTER KETCHIKAN. SKAGWAY-HOONAH-ANGOON CEN AREA ...... SKAGWAY-HOONAH-ANGOON CEN AREA. SOUTHEAST FAIRBANKS CENSUS AREA ...... SOUTHEAST FAIRBANKS CENSUS AREA. VALDEZ CORDOVA CENSUS AREA ...... VALDEZ CORDOVA CENSUS AREA. WADE HAMPTON CENSUS AREA ...... WADE HAMPTON CENSUS AREA. WRANGELL-PETERSBURG CENSUS AREA ...... WRANGELL-PETERSBURG CENSUS AREA. YAKUTAT BOROUGH ...... YAKUTAT BOROUGH. YUKON-KOYUKUK CENSUS AREA ...... YUKON-KOYUKUK CENSUS AREA.

ARIZONA

APACHE COUNTY ...... APACHE COUNTY. BALANCE OF COCHISE COUNTY ...... COCHISE COUNTY LESS SIERRA VISTA CITY. BALANCE OF COCONINO COUNTY ...... COCONINO COUNTY LESS FLAGSTAFF CITY.

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55971

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

FLAGSTAFF CITY ...... FLAGSTAFF CITY IN COCONINO COUNTY. GILA COUNTY ...... GILA COUNTY. GRAHAM COUNTY ...... GRAHAM COUNTY. GREENLEE COUNTY ...... GREENLEE COUNTY. LA PAZ COUNTY ...... LA PAZ COUNTY. NAVAJO COUNTY ...... NAVAJO COUNTY. SANTA CRUZ COUNTY ...... SANTA CRUZ COUNTY. YUMA CITY ...... YUMA CITY IN YUMA COUNTY. BALANCE OF YUMA COUNTY ...... YUMA COUNTY LESS YUMA CITY.

ARKANSAS

ASHLEY COUNTY ...... ASHLEY COUNTY. BOONE COUNTY ...... BOONE COUNTY. BRADLEY COUNTY ...... BRADLEY COUNTY. CALHOUN COUNTY ...... CALHOUN COUNTY. CHICOT COUNTY ...... CHICOT COUNTY. CLAY COUNTY ...... CLAY COUNTY. CLEVELAND COUNTY ...... CLEVELAND COUNTY. COLUMBIA COUNTY ...... COLUMBIA COUNTY. CROSS COUNTY ...... CROSS COUNTY. DALLAS COUNTY ...... DALLAS COUNTY. DESHA COUNTY ...... DESHA COUNTY. DREW COUNTY ...... DREW COUNTY. GREENE COUNTY ...... GREENE COUNTY. HEMPSTEAD COUNTY ...... HEMPSTEAD COUNTY. HOT SPRING COUNTY ...... HOT SPRING COUNTY. HOT SPRINGS CITY ...... HOT SPRINGS CITY IN GARLAND COUNTY. IZARD COUNTY ...... IZARD COUNTY. JACKSON COUNTY ...... JACKSON COUNTY. JACKSONVILLE CITY ...... JACKSONVILLE CITY IN PULASKI COUNTY. BALANCE OF JEFFERSON COUNTY ...... JEFFERSON COUNTY LESS PINE BLUFF CITY LAFAYETTE COUNTY ...... LAFAYETTE COUNTY. LAWRENCE COUNTY ...... LAWRENCE COUNTY. LEE COUNTY ...... LEE COUNTY. LINCOLN COUNTY ...... LINCOLN COUNTY. LITTLE RIVER COUNTY ...... LITTLE RIVER COUNTY. MISSISSIPPI COUNTY ...... MISSISSIPPI COUNTY. MONROE COUNTY ...... MONROE COUNTY. NEVADA COUNTY ...... NEVADA COUNTY. NEWTON COUNTY ...... NEWTON COUNTY. OUACHITA COUNTY ...... OUACHITA COUNTY. PERRY COUNTY ...... PERRY COUNTY. PHILLIPS COUNTY ...... PHILLIPS COUNTY. PINE BLUFF CITY ...... PINE BLUFF CITY IN JEFFERSON COUNTY. POINSETT COUNTY ...... POINSETT COUNTY. PRAIRIE COUNTY ...... PRAIRIE COUNTY. RANDOLPH COUNTY ...... RANDOLPH COUNTY. SEARCY COUNTY ...... SEARCY COUNTY. SEVIER COUNTY ...... SEVIER COUNTY. SHARP COUNTY ...... SHARP COUNTY. ST. FRANCIS COUNTY ...... ST. FRANCIS COUNTY. UNION COUNTY ...... UNION COUNTY. VAN BUREN COUNTY ...... VAN BUREN COUNTY. WOODRUFF COUNTY ...... WOODRUFF COUNTY

CALIFORNIA

ALPINE COUNTY ...... ALPINE COUNTY. APPLE VALLEY CITY ...... APPLE VALLEY CITY IN SAN BERNARDINO COUNTY. AZUSA CITY ...... AZUSA CITY IN LOS ANGELES COUNTY. BAKERSFIELD CITY ...... BAKERSFIELD CITY IN KERN COUNTY. BALDWIN PARK CITY ...... BALDWIN PARK CITY IN LOS ANGELES COUNTY. BANNING CITY ...... BANNING CITY IN RIVERSIDE COUNTY. BELL CITY ...... BELL CITY IN LOS ANGELES COUNTY. BELL GARDENS CITY ...... BELL GARDENS CITY IN LOS ANGELES COUNTY. BALANCE OF BUTTE COUNTY ...... BUTTE COUNTY LESS CHICO CITY, PARADISE CITY. CALAVERAS COUNTY ...... CALAVERAS COUNTY. CALEXICO CITY ...... CALEXICO CITY IN IMPERIAL COUNTY. CARSON CITY ...... CARSON CITY IN LOS ANGELES COUNTY. CATHEDRAL CITY ...... CATHEDRAL CITY IN RIVERSIDE COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55972 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

CERES CITY ...... CERES CITY IN STANISLAUS COUNTY. CHICO CITY ...... CHICO CITY IN BUTTE COUNTY. CLOVIS CITY ...... CLOVIS CITY IN FRESNO COUNTY. COLTON CITY ...... COLTON CITY IN SAN BERNARDINO COUNTY. COLUSA COUNTY ...... COLUSA COUNTY COMPTON CITY COMPTON CITY IN LOS ANGELES COUNTY. DEL NORTE COUNTY ...... DEL NORTE COUNTY DELANO CITY DELANO CITY IN KERN COUNTY. EAST PALO ALTO CITY ...... EAST PALO ALTO CITY IN SAN MATEO COUNTY. EL CENTRO CITY ...... EL CENTRO CITY IN IMPERIAL COUNTY. EL MONTE CITY ...... EL MONTE CITY IN LOS ANGELES COUNTY. EUREKA CITY ...... EUREKA CITY IN HUMBOLDT COUNTY. FAIRFIELD CITY ...... FAIRFIELD CITY IN SOLANO COUNTY. FRESNO CITY ...... FRESNO CITY IN FRESNO COUNTY. BALANCE OF FRESNO COUNTY ...... FRESNO COUNTY LESS CLOVIS CITY. GLENDALE CITY ...... GLENDALE CITY IN LOS ANGELES COUNTY. GLENN COUNTY ...... GLENN COUNTY. HANFORD CITY ...... HANFORD CITY IN KINGS COUNTY. HAWTHORNE CITY ...... HAWTHORNE CITY IN LOS ANGELES COUNTY. HEMET CITY ...... HEMET CITY IN RIVERSIDE COUNTY. HESPERIA CITY ...... HESPERIA CITY IN SAN BERNARDINO COUNTY. HIGHLAND CITY ...... HIGHLAND CITY IN SAN BERNARDINO COUNTY. HOLISTER CITY ...... HOLISTER CITY IN SAN BENITO COUNTY. BALANCE OF HUMBOLDT COUNTY ...... HUMBOLDT COUNTY LESS EUREKA CITY. HUNTINGTON PARK CITY ...... HUNTINGTON PARK CITY IN LOS ANGELES COUNTY. IMPERIAL BEACH CITY ...... IMPERIAL BEACH CITY IN SAN DIEGO COUNTY. BALANCE OF IMPERIAL COUNTY ...... IMPERIAL COUNTY LESS CALEXICO CITY, EL CENTRO CITY. INDIO CITY ...... INDIO CITY IN RIVERSIDE COUNTY. INGLEWOOD CITY ...... INGLEWOOD CITY IN LOS ANGELES COUNTY. INYO COUNTY ...... INYO COUNTY. BALANCE OF KERN COUNTY ...... KERN COUNTY LESS BAKERSFIELD CITY, DELANO CITY, RIDGECREST CITY. BALANCE OF KINGS COUNTY ...... KINGS COUNTY LESS HANFORD CITY. LA PUENTE CITY ...... LA PUENTE CITY IN LOS ANGELES COUNTY. LAKE COUNTY ...... LAKE COUNTY. LAKE ELSINORE CITY ...... LAKE ELSINORE CITY IN RIVERSIDE COUNTY. LANCASTER CITY ...... LANCASTER CITY IN LOS ANGELES COUNTY. LASSEN COUNTY ...... LASSEN COUNTY. LAWNDALE CITY ...... LAWNDALE CITY IN LOS ANGELES COUNTY. LODI CITY ...... LODI CITY IN SAN JOAQUIN COUNTY. LOMPOC CITY ...... LOMPOC CITY IN SANTA BARBARA COUNTY. LONG BEACH CITY ...... LONG BEACH CITY IN LOS ANGELES COUNTY. LOS ANGELES CITY ...... LOS ANGELES CITY IN LOS ANGELES COUNTY. BALANCE OF LOS ANGELES COUNTY ...... LOS ANGELES COUNTY LESS AGOURA HILLS CITY, ALHAMBRA CITY, ARCADIA CITY, AZUSA CITY, BALDWIN PARK CITY, BELL CITY, BELL GARDENS CITY, BELLFLOWER CITY, BEVERLY HILLS CITY, BURBANK CITY, CARSON CITY, CERRITOS CITY, CLAREMONT CITY, COMPTON CITY, COVINA CITY, CULVER CITY, DIAMOND BAR CITY, DOWNEY CITY, EL MONTE CITY, GARDENA CITY, GLENDALE CITY, GLENDORA CITY, HAWTHORNE CITY, HUNTINGTON PARK CITY, INGLEWOOD CITY, LA MIRADA CITY, LA PUENTE CITY, LA VERNE CITY, LAKEWOOD CITY, LANCASTER CITY, LAWNDALE CITY, LONG BEACH CITY, LOS ANGELES CITY, LYNWOOD CITY, MANHATTAN BEACH CITY, MAYWOOD CITY, MONROVIA CITY, MONTEBELLO CITY, MONTEREY PARK CITY, NORWALK CITY, PALMDALE CITY, PARAMOUNT CITY, PASADENA CITY, PICO RIVERA CITY, PO- MONA CITY, RANCHO PALOS VERDES CITY, REDONDO BEACH CITY, ROSEMEAD CITY, SAN DIMAS CITY, SAN GABRIEL CITY, SANTA CLARITA CITY, SANTA MONICA CITY, SOUTH GATE CITY, TEMPLE CITY, TORRANCE CITY, WALNUT CITY, WEST COVINA CITY, WEST HOLLYWOOD CITY, WHITTIER CITY. LYNWOOD CITY ...... LYNWOOD CITY IN LOS ANGELES COUNTY. MADERA CITY ...... MADERA CITY IN MADERA COUNTY. BALANCE OF MADERA COUNTY ...... MADERA COUNTY LESS MADERA CITY. MANTECA CITY ...... MANTECA CITY IN SAN JOAQUIN COUNTY. MARINA CITY ...... MARINA CITY IN MONTEREY COUNTY. MARIPOSA COUNTY ...... MARIPOSA COUNTY. MAYWOOD CITY ...... MAYWOOD CITY IN LOS ANGELES COUNTY. MENDOCINO COUNTY ...... MENDOCINO COUNTY. MERCED CITY ...... MERCED CITY IN MERCED COUNTY. BALANCE OF MERCED COUNTY ...... MERCED COUNTY LESS MERCED CITY. MODESTO CITY ...... MODESTO CITY IN STANISLAUS COUNTY. MODOC COUNTY ...... MODOC COUNTY. MONO COUNTY ...... MONO COUNTY. MONTCLAIR CITY ...... MONTCLAIR CITY IN SAN BERNARDINO COUNTY. MONTEBELLO CITY ...... MONTEBELLO CITY IN LOS ANGELES COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55973

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

BALANCE OF MONTEREY COUNTY ...... MONTEREY COUNTY LESS MARINA CITY, MONTEREY CITY, SALINAS CITY, SEA- SIDE CITY. MORENO VALLEY CITY ...... MORENO VALLEY CITY IN RIVERSIDE COUNTY. NATIONAL CITY ...... NATIONAL CITY IN SAN DIEGO COUNTY. NORWALK CITY ...... NORWALK CITY IN LOS ANGELES COUNTY. OAKLAND CITY ...... OAKLAND CITY IN ALAMEDA COUNTY. OXNARD CITY ...... OXNARD CITY IN VENTURA COUNTY. PALMDALE CITY ...... PALMDALE CITY IN LOS ANGELES COUNTY. PARADISE CITY ...... PARADISE CITY IN BUTTE COUNTY. PARAMOUNT CITY ...... PARAMOUNT CITY IN LOS ANGELES COUNTY. PERRIS CITY ...... PERRIS CITY IN RIVERSIDE COUNTY. PICO RIVERA CITY ...... PICO RIVERA CITY IN LOS ANGELES COUNTY. PLUMAS COUNTY ...... PLUMAS COUNTY. POMONA CITY ...... POMONA CITY IN LOS ANGELES COUNTY. PORTERVILLE CITY ...... PORTERVILLE CITY IN TULARE COUNTY. REDDING CITY ...... REDDING CITY IN SHASTA COUNTY. RIALTO CITY ...... RIALTO CITY IN SAN BERNARDINO COUNTY. RICHMOND CITY ...... RICHMOND CITY IN CONTRA COSTA COUNTY. RIDGECREST CITY ...... RIDGECREST CITY IN KERN COUNTY. RIVERSIDE CITY ...... RIVERSIDE CITY IN RIVERSIDE COUNTY. BALANCE OF RIVERSIDE COUNTY ...... RIVERSIDE COUNTY LESS BANNING CITY, CATHEDRAL CITY, CORONA CITY, HEMET CITY, INDIO CITY, LAKE ELSINORE CITY, MORENO VALLEY CITY, MURRIETA CITY, NORCO CITY, PALM DESERT CITY, PALM SPRINGS CITY, PERRIS CITY, RIVERSIDE CITY, TEMECULA CITY. ROSEMEAD CITY ...... ROSEMEAD CITY IN LOS ANGELES COUNTY. SACRAMENTO CITY ...... SACRAMENTO CITY IN SACRAMENTO COUNTY. SALINAS CITY ...... SALINAS CITY IN MONTEREY COUNTY. BALANCE OF SAN BENITO COUNTY ...... SAN BENITO COUNTY LESS HOLISTER CITY. SAN BERNARDINO CITY ...... SAN BERNARDINO CITY IN SAN BERNARDINO COUNTY. BALANCE OF SAN BERNARDINO COUNTY ...... SAN BERNARDINO COUNTY LESS APPLE VALLEY CITY, CHINO CITY, CHINO HILLS CITY, COLTON CITY, FONTANA CITY, HESPERIA CITY, HIGHLAND CITY, MONTCLAIR CITY, ONTARIO CITY, RANCHO CUCAMONGA CITY, REDLANDS CITY, RIALTO CITY, SAN BERNARDINO CITY, UPLAND CITY, VICTORVILLE CITY, YUCAIPA CITY. BALANCE OF SAN JOAQUIN COUNTY ...... SAN JOAQUIN COUNTY LESS LODI CITY, MANTECA CITY, STOCKTON CITY, TRA- CEY CITY. SAN PABLO CITY ...... SAN PABLO CITY IN CONTRA COSTA COUNTY. SANTA CRUZ CITY ...... SANTA CRUZ CITY IN SANTA CRUZ COUNTY. BALANCE OF SANTA CRUZ COUNTY ...... SANTA CRUZ COUNTY LESS SANTA CRUZ CITY, WATSONVILLE CITY. SANTA MARIA CITY ...... SANTA MARIA CITY IN SANTA BARBARA COUNTY. SANTA PAULA CITY ...... SANTA PAULA CITY IN VENTURA COUNTY. SEASIDE CITY ...... SEASIDE CITY IN MONTEREY COUNTY. BALANCE OF SHASTA COUNTY ...... SHASTA COUNTY LESS REDDING CITY. SIERRA COUNTY ...... SIERRA COUNTY. SISKIYOU COUNTY ...... SISKIYOU COUNTY. SOUTH GATE CITY ...... SOUTH GATE CITY IN LOS ANGELES COUNTY. BALANCE OF STANISLAUS COUNTY ...... STANISLAUS COUNTY LESS CERES CITY, MODESTO CITY, TURLOCK CITY. STOCKTON CITY ...... STOCKTON CITY IN SAN JOAQUIN COUNTY. SUISON CITY ...... SUISON CITY IN SOLANO COUNTY. BALANCE OF SUTTER COUNTY ...... SUTTER COUNTY LESS YUBA CITY. TEHAMA COUNTY ...... TEHAMA COUNTY. TRACEY CITY ...... TRACEY CITY IN SAN JOAQUIN COUNTY. TRINITY COUNTY ...... TRINITY COUNTY. TULARE CITY ...... TULARE CITY IN TULARE COUNTY. BALANCE OF TULARE COUNTY ...... TULARE COUNTY LESS PORTERVILLE CITY, TULARE CITY, VISALIA CITY. TUOLUMNE COUNTY ...... TUOLUMNE COUNTY. TURLOCK CITY ...... TURLOCK CITY IN STANISLAUS COUNTY. VALLEJO CITY ...... VALLEJO CITY IN SOLANO COUNTY. VICTORVILLE CITY ...... VICTORVILLE CITY IN SAN BERNARDINO COUNTY. VISALIA CITY ...... VISALIA CITY IN TULARE COUNTY. WATSONVILLE CITY ...... WATSONVILLE CITY IN SANTA CRUZ COUNTY. WEST HOLLYWOOD CITY ...... WEST HOLLYWOOD CITY IN LOS ANGELES COUNTY. WEST SACRAMENTO CITY ...... WEST SACRAMENTO CITY IN YOLO COUNTY. WOODLAND CITY ...... WOODLAND CITY IN YOLO COUNTY. YUBA CITY ...... YUBA CITY IN SUTTER COUNTY. YUBA COUNTY ...... YUBA COUNTY.

COLORADO

ALAMOSA COUNTY ...... ALAMOSA COUNTY. CONEJOS COUNTY ...... CONEJOS COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55974 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

COSTILLA COUNTY ...... COSTILLA COUNTY. DOLORES COUNTY ...... DOLORES COUNTY. LAS ANIMAS COUNTY ...... LAS ANIMAS COUNTY. MONTEZUMA COUNTY ...... MONTEZUMA COUNTY. MONTROSE COUNTY ...... MONTROSE COUNTY. PUEBLO CITY ...... PUEBLO CITY IN PUEBLO COUNTY. RIO GRANDE COUNTY ...... RIO GRANDE COUNTY. SAGUACHE COUNTY ...... SAGUACHE COUNTY. SAN JUAN COUNTY ...... SAN JUAN COUNTY.

CONNECTICUT

ANSONIA TOWN ...... ANSONIA TOWN. BRIDGEPORT CITY ...... BRIDGEPORT CITY. HARTFORD CITY ...... HARTFORD CITY. KILLINGLY TOWN ...... KILLINGLY TOWN. NEW BRITAIN CITY ...... NEW BRITAIN CITY. NEW LONDON CITY ...... NEW LONDON CITY. PLAINFIELD TOWN ...... PLAINFIELD TOWN. PUTNAM TOWN ...... PUTNAM TOWN. SPRAGUE TOWN ...... SPRAGUE TOWN. STERLING TOWN ...... STERLING TOWN. VOLUNTOWN TOWN ...... VOLUNTOWN TOWN. WATERBURY CITY ...... WATERBURY CITY.

DISTRICT OF COLUMBIA

WASHINGTON DC CITY ...... WASHINGTON DC CITY IN DISTRICT OF COLUMBIA.

FLORIDA

BALANCE OF BAY COUNTY ...... BAY COUNTY LESS PANAMA CITY. BOYNTON BEACH CITY ...... BOYNTON BEACH CITY IN PALM BEACH COUNTY. DE SOTO COUNTY ...... DE SOTO COUNTY. DELRAY BEACH CITY ...... DELRAY BEACH CITY IN PALM BEACH COUNTY. DIXIE COUNTY ...... DIXIE COUNTY . FORT PIERCE CITY ...... FORT PIERCE CITY IN ST. LUCIE COUNTY. FRANKLIN COUNTY ...... FRANKLIN COUNTY. GLADES COUNTY ...... GLADES COUNTY GULF COUNTY ...... GULF COUNTY. HALLANDALE CITY ...... HALLANDALE CITY IN BROWARD COUNTY. HAMILTON COUNTY ...... HAMILTON COUNTY. HARDEE COUNTY ...... HARDEE COUNTY. HENDRY COUNTY ...... HENDRY COUNTY. HIALEAH CITY ...... HIALEAH CITY IN MIAMI-DADE COUNTY. HIGHLANDS COUNTY ...... HIGHLANDS COUNTY. HOLMES COUNTY ...... HOLMES COUNTY. HOMESTEAD CITY ...... HOMESTEAD CITY IN MIAMI-DADE COUNTY. INDIAN RIVER COUNTY ...... INDIAN RIVER COUNTY LAKE WORTH CITY ...... LAKE WORTH CITY IN PALM BEACH COUNTY. LAUDERDALE LAKES CITY ...... LAUDERDALE LAKES CITY IN BROWARD COUNTY. MARTIN COUNTY ...... MARTIN COUNTY MIAMI BEACH CITY ...... MIAMI BEACH CITY IN MIAMI-DADE COUNTY. MIAMI CITY ...... MIAMI CITY IN MIAMI-DADE COUNTY. NORTH MIAMI CITY ...... NORTH MIAMI CITY IN MIAMI-DADE COUNTY. OKEECHOBEE COUNTY ...... OKEECHOBEE COUNTY. PANAMA CITY ...... PANAMA CITY IN BAY COUNTY. BALANCE OF POLK COUNTY ...... POLK COUNTY LESS LAKELAND CITY, WINTER HAVEN CITY. PORT ST. LUCIE CITY ...... PORT ST. LUCIE CITY IN ST. LUCIE COUNTY. RIVIERA BEACH CITY ...... RIVIERA BEACH CITY IN PALM BEACH COUNTY. BALANCE OF ST. LUCIE COUNTY ...... ST. LUCIE COUNTY LESS FORT PIERCE CITY PORT ST. LUCIE CITY. TAYLOR COUNTY ...... TAYLOR COUNTY. WEST PALM BEACH CITY ...... WEST PALM BEACH CITY IN PALM BEACH COUNTY.

GEORGIA

ALBANY CITY ...... ALBANY CITY IN DOUGHERTY COUNTY. APPLING COUNTY ...... APPLING COUNTY. ATKINSON COUNTY ...... ATKINSON COUNTY. ATLANTA CITY ...... ATLANTA CITY IN DE KALB COUNTY FULTON COUNTY. AUGUSTA CITY ...... AUGUSTA CITY IN RICHMOND COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55975

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

BACON COUNTY ...... BACON COUNTY. BAKER COUNTY ...... BAKER COUNTY. BEN HILL COUNTY ...... BEN HILL COUNTY. BRANTLEY COUNTY ...... BRANTLEY COUNTY. BURKE COUNTY ...... BURKE COUNTY. CALHOUN COUNTY ...... CALHOUN COUNTY CHATTAHOOCHEE COUNTY ...... CHATTAHOOCHEE COUNTY. CLAY COUNTY ...... CLAY COUNTY. CRISP COUNTY ...... CRISP COUNTY. DODGE COUNTY ...... DODGE COUNTY. DOOLY COUNTY ...... DOOLY COUNTY. EARLY COUNTY ...... EARLY COUNTY. ELBERT COUNTY ...... ELBERT COUNTY. EMANUEL COUNTY ...... EMANUEL COUNTY. FANNIN COUNTY ...... FANNIN COUNTY. GLASCOCK COUNTY ...... GLASCOCK COUNTY. GRADY COUNTY ...... GRADY COUNTY. GREENE COUNTY ...... GREENE COUNTY. HANCOCK COUNTY ...... HANCOCK COUNTY. HARALSON COUNTY ...... HARALSON COUNTY. HINESVILLE CITY ...... HINESVILLE CITY IN LIBERTY COUNTY. JEFF DAVIS COUNTY ...... JEFF DAVIS COUNTY. JEFFERSON COUNTY ...... JEFFERSON COUNTY. JOHNSON COUNTY ...... JOHNSON COUNTY. LA GRANGE CITY ...... LA GRANGE CITY IN TROUP COUNTY. BALANCE OF LIBERTY COUNTY ...... LIBERTY COUNTY LESS HINESVILLE CITY. LINCOLN COUNTY ...... LINCOLN COUNTY. MACON CITY ...... MACON CITY IN BIBB COUNTY. JONES COUNTY. MACON COUNTY ...... MACON COUNTY. MC DUFFIE COUNTY ...... MC DUFFIE COUNTY. MITCHELL COUNTY ...... MITCHELL COUNTY. MONROE COUNTY ...... MONROE COUNTY. MONTGOMERY COUNTY ...... MONTGOMERY COUNTY. PEACH COUNTY ...... PEACH COUNTY. POLK COUNTY ...... POLK COUNTY. RANDOLPH COUNTY ...... RANDOLPH COUNTY. SCREVEN COUNTY ...... SCREVEN COUNTY. STEWART COUNTY ...... STEWART COUNTY. SUMTER COUNTY ...... SUMTER COUNTY. TALIAFERRO COUNTY ...... TALIAFERRO COUNTY. TAYLOR COUNTY ...... TAYLOR COUNTY. TELFAIR COUNTY ...... TELFAIR COUNTY. TERRELL COUNTY ...... TERRELL COUNTY. TOOMBS COUNTY ...... TOOMBS COUNTY. TOWNS COUNTY ...... TOWNS COUNTY. TREUTLEN COUNTY ...... TREUTLEN COUNTY. TURNER COUNTY ...... TURNER COUNTY. TWIGGS COUNTY ...... TWIGGS COUNTY. WARREN COUNTY ...... WARREN COUNTY. WASHINGTON COUNTY ...... WASHINGTON COUNTY. WAYNE COUNTY ...... WAYNE COUNTY. WHEELER COUNTY ...... WHEELER COUNTY. WILCOX COUNTY ...... WILCOX COUNTY. WILKES COUNTY ...... WILKES COUNTY. WILKINSON COUNTY ...... WILKINSON COUNTY. WORTH COUNTY ...... WORTH COUNTY.

HAWAII

HAWAII COUNTY ...... HAWAII COUNTY. KAUAI COUNTY ...... KAUAI COUNTY. MAUI COUNTY ...... MAUI COUNTY.

IDAHO

ADAMS COUNTY ...... ADAMS COUNTY. BENEWAH COUNTY ...... BENEWAH COUNTY. BOISE COUNTY ...... BOISE COUNTY. BONNER COUNTY ...... BONNER COUNTY. BOUNDARY COUNTY ...... BOUNDARY COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55976 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

CARIBOU COUNTY ...... CARIBOU COUNTY. CASSIA COUNTY ...... CASSIA COUNTY. CLEARWATER COUNTY ...... CLEARWATER COUNTY. COEUR D'ALENE CITY ...... COEUR D'ALENE CITY IN KOOTENAI COUNTY. CUSTER COUNTY ...... CUSTER COUNTY. ELMORE COUNTY ...... ELMORE COUNTY. FREMONT COUNTY ...... FREMONT COUNTY. GEM COUNTY ...... GEM COUNTY. IDAHO COUNTY ...... IDAHO COUNTY. BALANCE OF KOOTENAI COUNTY ...... LESS COEUR D'ALENE CITY. LEMHI COUNTY ...... LEMHI COUNTY. LEWIS COUNTY ...... LEWIS COUNTY. MINIDOKA COUNTY ...... MINIDOKA COUNTY. BALANCE OF NEZ PERCE COUNTY ...... NEZ PERCE COUNTY LESS LEWISTON CITY. PAYETTE COUNTY ...... PAYETTE COUNTY. POWER COUNTY ...... POWER COUNTY. SHOSHONE COUNTY ...... SHOSHONE COUNTY. VALLEY COUNTY ...... VALLEY COUNTY. WASHINGTON COUNTY ...... WASHINGTON COUNTY.

ILLINOIS

ALEXANDER COUNTY ...... ALEXANDER COUNTY. ALTON CITY ...... ALTON CITY IN MADISON COUNTY. BELLEVILLE CITY ...... BELLEVILLE CITY IN ST. CLAIR COUNTY. CARPENTERSVILLE CITY ...... CARPENTERSVILLE CITY IN KANE COUNTY. CHICAGO HEIGHTS CITY ...... CHICAGO HEIGHTS CITY IN COOK COUNTY. CICERO CITY ...... CICERO CITY IN COOK COUNTY. CLAY COUNTY ...... CLAY COUNTY. CRAWFORD COUNTY ...... CRAWFORD COUNTY. DANVILLE CITY ...... DANVILLE CITY IN VERMILION COUNTY. DECATUR CITY ...... DECATUR CITY IN MACON COUNTY. DOLTON VILLAGE ...... DOLTON VILLAGE IN COOK COUNTY. EAST ST. LOUIS CITY ...... EAST ST. LOUIS CITY IN ST. CLAIR COUNTY. EDWARDS COUNTY ...... EDWARDS COUNTY. FAYETTE COUNTY ...... FAYETTE COUNTY. FRANKLIN COUNTY ...... FRANKLIN COUNTY. FREEPORT CITY ...... FREEPORT CITY IN STEPHENSON COUNTY. FULTON COUNTY ...... FULTON COUNTY. GALLATIN COUNTY ...... GALLATIN COUNTY. GRANITE CITY ...... GRANITE CITY IN MADISON COUNTY. GRUNDY COUNTY ...... GRUNDY COUNTY. HAMILTON COUNTY ...... HAMILTON COUNTY. HARDIN COUNTY ...... HARDIN COUNTY. HARVEY CITY ...... HARVEY CITY IN COOK COUNTY. JASPER COUNTY ...... JASPER COUNTY. JEFFERSON COUNTY ...... JEFFERSON COUNTY. JOHNSON COUNTY ...... JOHNSON COUNTY. JOLIET CITY ...... JOLIET CITY IN WILL COUNTY. KANKAKEE CITY ...... KANKAKEE CITY IN KANKAKEE COUNTY. LA SALLE COUNTY ...... LA SALLE COUNTY. LAWRENCE COUNTY ...... LAWRENCE COUNTY. MARION COUNTY ...... MARION COUNTY. MASON COUNTY ...... MASON COUNTY. MAYWOOD VILLAGE ...... MAYWOOD VILLAGE IN COOK COUNTY. MONTGOMERY COUNTY ...... MONTGOMERY COUNTY. NORTH CHICAGO CITY ...... NORTH CHICAGO CITY IN LAKE COUNTY. PERRY COUNTY ...... PERRY COUNTY. POPE COUNTY ...... POPE COUNTY. PULASKI COUNTY ...... PULASKI COUNTY. RANDOLPH COUNTY ...... RANDOLPH COUNTY. ROCKFORD CITY ...... ROCKFORD CITY IN WINNEBAGO COUNTY. SALINE COUNTY ...... SALINE COUNTY. SCOTT COUNTY ...... SCOTT COUNTY. UNION COUNTY ...... UNION COUNTY. WABASH COUNTY ...... WABASH COUNTY. WAUKEGAN CITY ...... WAUKEGAN CITY IN LAKE COUNTY. WAYNE COUNTY ...... WAYNE COUNTY. WHITE COUNTY ...... WHITE COUNTY. WILLIAMSON COUNTY ...... WILLIAMSON COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55977

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

INDIANA

CRAWFORD COUNTY ...... CRAWFORD COUNTY. EAST CHICAGO CITY ...... EAST CHICAGO CITY IN LAKE COUNTY. GARY CITY ...... GARY CITY IN LAKE COUNTY. GREENE COUNTY ...... GREENE COUNTY. ORANGE COUNTY ...... ORANGE COUNTY. PERRY COUNTY ...... PERRY COUNTY. RANDOLPH COUNTY ...... RANDOLPH COUNTY. SULLIVAN COUNTY ...... SULLIVAN COUNTY. TERRE HAUTE CITY ...... TERRE HAUTE CITY IN VIGO COUNTY. VERMILLION COUNTY ...... VERMILLION COUNTY

KANSAS

ATCHISON COUNTY ...... ATCHISON COUNTY. CHAUTAUQUA COUNTY ...... CHAUTAUQUA COUNTY. CHEROKEE COUNTY ...... CHEROKEE COUNTY. COFFEY COUNTY ...... COFFEY COUNTY. DONIPHAN COUNTY ...... DONIPHAN COUNTY. GEARY COUNTY ...... GEARY COUNTY. KANSAS CITY KN ...... KANSAS CITY KN IN WYANDOTTE COUNTY. LINN COUNTY ...... LINN COUNTY. OSAGE COUNTY ...... OSAGE COUNTY. WOODSON COUNTY ...... WOODSON COUNTY.

KENTUCKY

ADAIR COUNTY ...... ADAIR COUNTY. BALLARD COUNTY ...... BALLARD COUNTY. BATH COUNTY ...... BATH COUNTY. BELL COUNTY ...... BELL COUNTY. BOYD COUNTY ...... BOYD COUNTY. BREATHITT COUNTY ...... BREATHITT COUNTY. BRECKINRIDGE COUNTY ...... BRECKINRIDGE COUNTY. BUTLER COUNTY ...... BUTLER COUNTY. CARLISLE COUNTY ...... CARLISLE COUNTY. CARTER COUNTY ...... CARTER COUNTY. CASEY COUNTY ...... CASEY COUNTY. CLAY COUNTY ...... CLAY COUNTY. CLINTON COUNTY ...... CLINTON COUNTY. CRITTENDEN COUNTY ...... CRITTENDEN COUNTY. CUMBERLAND COUNTY ...... CUMBERLAND COUNTY. EDMONSON COUNTY ...... EDMONSON COUNTY. ELLIOTT COUNTY ...... ELLIOTT COUNTY. FLEMING COUNTY ...... FLEMING COUNTY. FLOYD COUNTY ...... FLOYD COUNTY. FULTON COUNTY ...... FULTON COUNTY. GRAVES COUNTY ...... GRAVES COUNTY. GRAYSON COUNTY ...... GRAYSON COUNTY. GREEN COUNTY ...... GREEN COUNTY. GREENUP COUNTY ...... GREENUP COUNTY. HANCOCK COUNTY ...... HANCOCK COUNTY. HARLAN COUNTY ...... HARLAN COUNTY. HENDERSON CITY ...... HENDERSON CITY IN HENDERSON COUNTY. JOHNSON COUNTY ...... JOHNSON COUNTY. KNOTT COUNTY ...... KNOTT COUNTY. KNOX COUNTY ...... KNOX COUNTY. LAWRENCE COUNTY ...... LAWRENCE COUNTY. LEE COUNTY ...... LEE COUNTY. LESLIE COUNTY ...... LESLIE COUNTY. LETCHER COUNTY ...... LETCHER COUNTY. LEWIS COUNTY ...... LEWIS COUNTY. LIVINGSTON COUNTY ...... LIVINGSTON COUNTY. LYON COUNTY ...... LYON COUNTY. MAGOFFIN COUNTY ...... MAGOFFIN COUNTY. MARION COUNTY ...... MARION COUNTY. MARSHALL COUNTY ...... MARSHALL COUNTY. MARTIN COUNTY ...... MARTIN COUNTY. MC CREARY COUNTY ...... MC CREARY COUNTY. MC LEAN COUNTY ...... MC LEAN COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55978 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

MENIFEE COUNTY ...... MENIFEE COUNTY. MORGAN COUNTY ...... MORGAN COUNTY. MUHLENBERG COUNTY ...... MUHLENBERG COUNTY. OHIO COUNTY ...... OHIO COUNTY. PERRY COUNTY ...... PERRY COUNTY. PIKE COUNTY ...... PIKE COUNTY. POWELL COUNTY ...... POWELL COUNTY. RUSSELL COUNTY ...... RUSSELL COUNTY. TAYLOR COUNTY ...... TAYLOR COUNTY. UNION COUNTY ...... UNION COUNTY. BALANCE OF WARREN COUNTY ...... WARREN COUNTY LESS BOWLING GREEN CITY. WAYNE COUNTY ...... WAYNE COUNTY. WEBSTER COUNTY ...... WEBSTER COUNTY. WHITLEY COUNTY ...... WHITLEY COUNTY. WOLFE COUNTY ...... WOLFE COUNTY.

LOUISIANA

ACADIA PARISH ...... ACADIA PARISH. ALEXANDRIA CITY ...... ALEXANDRIA CITY IN RAPIDES PARISH. ALLEN PARISH ...... ALLEN PARISH. AVOYELLES PARISH ...... AVOYELLES PARISH. BEAUREGARD PARISH ...... BEAUREGARD PARISH. BIENVILLE PARISH ...... BIENVILLE PARISH. BALANCE OF BOSSIER PARISH ...... BOSSIER PARISH LESS BOSSIER CITY, SHREVEPORT CITY. CALDWELL PARISH ...... CALDWELL PARISH. CATAHOULA PARISH ...... CATAHOULA PARISH. CLAIBORNE PARISH ...... CLAIBORNE PARISH. CONCORDIA PARISH ...... CONCORDIA PARISH. DE SOTO PARISH ...... DE SOTO PARISH. EAST CARROLL PARISH ...... EAST CARROLL PARISH. EAST FELICIANA PARISH ...... EAST FELICIANA PARISH. FRANKLIN PARISH ...... FRANKLIN PARISH. GRANT PARISH ...... GRANT PARISH. IBERVILLE PARISH ...... IBERVILLE PARISH. JACKSON PARISH ...... JACKSON PARISH. JEFFERSON DAVIS PARISH ...... JEFFERSON DAVIS PARISH. LA SALLE PARISH ...... LA SALLE PARISH. LAKE CHARLES CITY ...... LAKE CHARLES CITY IN CALCASIEU PARISH. MADISON PARISH ...... MADISON PARISH. MONROE CITY ...... MONROE CITY IN OUACHITA PARISH. MOREHOUSE PARISH ...... MOREHOUSE PARISH. NATCHITOCHES PARISH ...... NATCHITOCHES PARISH. NEW IBERIA CITY ...... NEW IBERIA CITY IN IBERIA PARISH. NEW ORLEANS CITY ...... NEW ORLEANS CITY IN ORLEANS PARISH. POINTE COUPEE PARISH ...... POINTE COUPEE PARISH. RED RIVER PARISH ...... RED RIVER PARISH. RICHLAND PARISH ...... RICHLAND PARISH. SABINE PARISH ...... SABINE PARISH. SHREVEPORT CITY ...... SHREVEPORT CITY IN BOSSIER PARISH, CADDO PARISH. ST. HELENA PARISH ...... ST. HELENA PARISH. ST. JAMES PARISH ...... ST. JAMES PARISH. ST. JOHN BAPTIST PARISH ...... ST. JOHN BAPTIST PARISH. ST. LANDRY PARISH ...... ST. LANDRY PARISH. ST. MARTIN PARISH ...... ST. MARTIN PARISH. ST. MARY PARISH ...... ST. MARY PARISH. TANGIPAHOA PARISH ...... TANGIPAHOA PARISH. TENSAS PARISH ...... TENSAS PARISH. VERMILION PARISH ...... VERMILION PARISH. VERNON PARISH ...... VERNON PARISH. WASHINGTON PARISH ...... WASHINGTON PARISH. WEBSTER PARISH ...... WEBSTER PARISH. WEST CARROLL PARISH ...... WEST CARROLL PARISH. WEST FELICIANA PARISH ...... WEST FELICIANA PARISH. WINN PARISH ...... WINN PARISH.

MAINE

AROOSTOOK COUNTY ...... AROOSTOOK COUNTY. FRANKLIN COUNTY ...... FRANKLIN COUNTY. OXFORD COUNTY ...... OXFORD COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55979

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

PISCATAQUIS COUNTY ...... PISCATAQUIS COUNTY. SOMERSET COUNTY ...... SOMERSET COUNTY. WASHINGTON COUNTY ...... WASHINGTON COUNTY.

MARYLAND

ALLEGANY COUNTY ...... ALLEGANY COUNTY. ANNAPOLIS CITY ...... ANNAPOLIS CITY IN ANNE ARUNDEL COUNTY. BALTIMORE CITY ...... BALTIMORE CITY. CECIL COUNTY ...... CECIL COUNTY. DORCHESTER COUNTY ...... DORCHESTER COUNTY. GARRETT COUNTY ...... GARRETT COUNTY. KENT COUNTY ...... KENT COUNTY. SOMERSET COUNTY ...... SOMERSET COUNTY. WORCESTER COUNTY ...... WORCESTER COUNTY.

MASSACHUSETTS

ADAMS TOWN ...... ADAMS TOWN IN BERKSHIRE COUNTY. ATHOL TOWN ...... ATHOL TOWN IN WORCESTER COUNTY. CHESTER TOWN ...... CHESTER TOWN IN HAMPDEN COUNTY. FALL RIVER CITY ...... FALL RIVER CITY IN BRISTOL COUNTY. FLORIDA TOWN ...... FLORIDA TOWN IN BERKSHIRE COUNTY. GAY HEAD TOWN ...... GAY HEAD TOWN IN DUKES COUNTY. HINSDALE TOWN ...... HINSDALE TOWN IN BERKSHIRE COUNTY. LAWRENCE CITY ...... LAWRENCE CITY IN ESSEX COUNTY. MASHPEE TOWN ...... MASHPEE TOWN IN BARNSTABLE COUNTY. NEW BEDFORD CITY ...... NEW BEDFORD CITY IN BRISTOL COUNTY. PROVINCETOWN TOWN ...... PROVINCETOWN TOWN IN BARNSTABLE COUNTY. SAVOY TOWN ...... SAVOY TOWN IN BERKSHIRE COUNTY. SHELBURNE TOWN ...... SHELBURNE TOWN IN FRANKLIN COUNTY. TRURO TOWN ...... TRURO TOWN IN BARNSTABLE COUNTY. WELLFLEET TOWN ...... WELLFLEET TOWN IN BARNSTABLE COUNTY.

MICHIGAN

ALCONA COUNTY ...... ALCONA COUNTY. ALGER COUNTY ...... ALGER COUNTY. ALPENA COUNTY ...... ALPENA COUNTY. ANTRIM COUNTY ...... ANTRIM COUNTY. ARENAC COUNTY ...... ARENAC COUNTY. BARAGA COUNTY ...... BARAGA COUNTY. BAY CITY ...... BAY CITY IN BAY COUNTY. BENZIE COUNTY ...... BENZIE COUNTY. BURTON CITY ...... BURTON CITY IN GENESEE COUNTY. CHEBOYGAN COUNTY ...... CHEBOYGAN COUNTY. CHIPPEWA COUNTY ...... CHIPPEWA COUNTY. CLARE COUNTY ...... CLARE COUNTY. CRAWFORD COUNTY ...... CRAWFORD COUNTY. DELTA COUNTY ...... DELTA COUNTY. DETROIT CITY ...... DETROIT CITY IN WAYNE COUNTY. EMMET COUNTY ...... EMMET COUNTY. FLINT CITY ...... FLINT CITY IN GENESEE COUNTY. GLADWIN COUNTY ...... GLADWIN COUNTY. GOGEBIC COUNTY ...... GOGEBIC COUNTY. HIGHLAND PARK CITY ...... HIGHLAND PARK CITY IN WAYNE COUNTY. IOSCO COUNTY ...... IOSCO COUNTY. IRON COUNTY ...... IRON COUNTY. JACKSON CITY ...... JACKSON CITY IN JACKSON COUNTY. KALKASKA COUNTY ...... KALKASKA COUNTY. KEWEENAW COUNTY ...... KEWEENAW COUNTY. LAKE COUNTY ...... LAKE COUNTY. LUCE COUNTY ...... LUCE COUNTY. MACKINAC COUNTY ...... MACKINAC COUNTY. MANISTEE COUNTY ...... MANISTEE COUNTY. MASON COUNTY ...... MASON COUNTY. MENOMINEE COUNTY ...... MENOMINEE COUNTY. MISSAUKEE COUNTY ...... MISSAUKEE COUNTY. MONTCALM COUNTY ...... MONTCALM COUNTY. MONTMORENCY COUNTY ...... MONTMORENCY COUNTY. MOUNT MORRIS TOWNSHIP ...... MOUNT MORRIS TOWNSHIP IN GENESEE COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55980 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

MUSKEGON CITY ...... MUSKEGON CITY IN MUSKEGON COUNTY. NEWAYGO COUNTY ...... NEWAYGO COUNTY. OCEANA COUNTY ...... OCEANA COUNTY. OGEMAW COUNTY ...... OGEMAW COUNTY. ONTONAGON COUNTY ...... ONTONAGON COUNTY. OSCEOLA COUNTY ...... OSCEOLA COUNTY. OSCODA COUNTY ...... OSCODA COUNTY. PONTIAC CITY ...... PONTIAC CITY IN OAKLAND COUNTY. PORT HURON CITY ...... PORT HURON CITY IN ST. CLAIR COUNTY. PRESQUE ISLE COUNTY ...... PRESQUE ISLE COUNTY. ROSCOMMON COUNTY ...... ROSCOMMON COUNTY. SAGINAW CITY ...... SAGINAW CITY IN SAGINAW COUNTY. SCHOOLCRAFT COUNTY ...... SCHOOLCRAFT COUNTY. WEXFORD COUNTY ...... WEXFORD COUNTY

MINNESOTA

AITKIN COUNTY ...... AITKIN COUNTY. BECKER COUNTY ...... BECKER COUNTY. CASS COUNTY ...... CASS COUNTY. CLEARWATER COUNTY ...... CLEARWATER COUNTY. ITASCA COUNTY ...... ITASCA COUNTY. KANABEC COUNTY ...... KANABEC COUNTY. KOOCHICHING COUNTY ...... KOOCHICHING COUNTY. MAHNOMEN COUNTY ...... MAHNOMEN COUNTY. MARSHALL COUNTY ...... MARSHALL COUNTY. MILLE LACS COUNTY ...... MILLE LACS COUNTY. MORRISON COUNTY ...... MORRISON COUNTY. NORMAN COUNTY ...... NORMAN COUNTY. PINE COUNTY ...... PINE COUNTY. RED LAKE COUNTY ...... RED LAKE COUNTY. TODD COUNTY ...... TODD COUNTY

MISSISSIPPI

ADAMS COUNTY ...... ADAMS COUNTY. ALCORN COUNTY ...... ALCORN COUNTY. ATTALA COUNTY ...... ATTALA COUNTY. BOLIVAR COUNTY ...... BOLIVAR COUNTY. CALHOUN COUNTY ...... CALHOUN COUNTY. CHICKASAW COUNTY ...... CHICKASAW COUNTY. CHOCTAW COUNTY ...... CHOCTAW COUNTY. CLAIBORNE COUNTY ...... CLAIBORNE COUNTY. CLARKE COUNTY ...... CLARKE COUNTY. CLAY COUNTY ...... CLAY COUNTY. COAHOMA COUNTY ...... COAHOMA COUNTY. COLUMBUS CITY ...... COLUMBUS CITY IN LOWNDES COUNTY. COPIAH COUNTY ...... COPIAH COUNTY. FRANKLIN COUNTY ...... FRANKLIN COUNTY. GEORGE COUNTY ...... GEORGE COUNTY. GREENE COUNTY ...... GREENE COUNTY. GREENVILLE CITY ...... GREENVILLE CITY IN WASHINGTON COUNTY. GRENADA COUNTY ...... GRENADA COUNTY. HOLMES COUNTY ...... HOLMES COUNTY. HUMPHREYS COUNTY ...... HUMPHREYS COUNTY. ISSAQUENA COUNTY ...... ISSAQUENA COUNTY. JEFFERSON COUNTY ...... JEFFERSON COUNTY. JEFFERSON DAVIS COUNTY ...... JEFFERSON DAVIS COUNTY. KEMPER COUNTY ...... KEMPER COUNTY. LEFLORE COUNTY ...... LEFLORE COUNTY. MARION COUNTY ...... MARION COUNTY. MARSHALL COUNTY ...... MARSHALL COUNTY. MERIDIAN CITY ...... MERIDIAN CITY IN LAUDERDALE COUNTY. MONROE COUNTY ...... MONROE COUNTY. MONTGOMERY COUNTY ...... MONTGOMERY COUNTY. NOXUBEE COUNTY ...... NOXUBEE COUNTY. PANOLA COUNTY ...... PANOLA COUNTY. PERRY COUNTY ...... PERRY COUNTY. PRENTISS COUNTY ...... PRENTISS COUNTY. QUITMAN COUNTY ...... QUITMAN COUNTY. SHARKEY COUNTY ...... SHARKEY COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55981

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

SIMPSON COUNTY ...... SIMPSON COUNTY. SUNFLOWER COUNTY ...... SUNFLOWER COUNTY. TALLAHATCHIE COUNTY ...... TALLAHATCHIE COUNTY. TIPPAH COUNTY ...... TIPPAH COUNTY. TISHOMINGO COUNTY ...... TISHOMINGO COUNTY. TUNICA COUNTY ...... TUNICA COUNTY. WALTHALL COUNTY ...... WALTHALL COUNTY. BALANCE OF WASHINGTON COUNTY ...... WASHINGTON COUNTY LESS GREENVILLE CITY. WAYNE COUNTY ...... WAYNE COUNTY. WILKINSON COUNTY ...... WILKINSON COUNTY. WINSTON COUNTY ...... WINSTON COUNTY. YALOBUSHA COUNTY ...... YALOBUSHA COUNTY. YAZOO COUNTY ...... YAZOO COUNTY.

MISSOURI

BENTON COUNTY ...... BENTON COUNTY. BOLLINGER COUNTY ...... BOLLINGER COUNTY. CALDWELL COUNTY ...... CALDWELL COUNTY. CLARK COUNTY ...... CLARK COUNTY. CRAWFORD COUNTY ...... CRAWFORD COUNTY. DOUGLAS COUNTY ...... DOUGLAS COUNTY. DUNKLIN COUNTY ...... DUNKLIN COUNTY. HICKORY COUNTY ...... HICKORY COUNTY. IRON COUNTY ...... IRON COUNTY. LINN COUNTY ...... LINN COUNTY. MADISON COUNTY ...... MADISON COUNTY. MILLER COUNTY ...... MILLER COUNTY. MISSISSIPPI COUNTY ...... MISSISSIPPI COUNTY. MONTGOMERY COUNTY ...... MONTGOMERY COUNTY. NEW MADRID COUNTY ...... NEW MADRID COUNTY. OZARK COUNTY ...... OZARK COUNTY. PEMISCOT COUNTY ...... PEMISCOT COUNTY. SHANNON COUNTY ...... SHANNON COUNTY. ST. LOUIS CITY ...... ST. LOUIS CITY. ST. FRANCOIS COUNTY ...... ST. FRANCOIS COUNTY. STODDARD COUNTY ...... STODDARD COUNTY. STONE COUNTY ...... STONE COUNTY. TANEY COUNTY ...... TANEY COUNTY. TEXAS COUNTY ...... TEXAS COUNTY. WASHINGTON COUNTY ...... WASHINGTON COUNTY. WAYNE COUNTY ...... WAYNE COUNTY. WRIGHT COUNTY ...... WRIGHT COUNTY.

MONTANA

ANACONDA-DEER LODGE COUNTY ...... ANACONDA-DEER LODGE COUNTY. BIG HORN COUNTY ...... BIG HORN COUNTY. BLAINE COUNTY ...... BLAINE COUNTY. FERGUS COUNTY ...... FERGUS COUNTY. FLATHEAD COUNTY ...... FLATHEAD COUNTY. GLACIER COUNTY ...... GLACIER COUNTY. GOLDEN VALLEY COUNTY ...... GOLDEN VALLEY COUNTY. GRANITE COUNTY ...... GRANITE COUNTY. LAKE COUNTY ...... LAKE COUNTY. LINCOLN COUNTY ...... LINCOLN COUNTY. MINERAL COUNTY ...... MINERAL COUNTY. MUSSELSHELL COUNTY ...... MUSSELSHELL COUNTY. PHILLIPS COUNTY ...... PHILLIPS COUNTY. RAVALLI COUNTY ...... RAVALLI COUNTY. ROOSEVELT COUNTY ...... ROOSEVELT COUNTY. ROSEBUD COUNTY ...... ROSEBUD COUNTY. SANDERS COUNTY ...... SANDERS COUNTY.

NEBRASKA

JOHNSON COUNTY ...... JOHNSON COUNTY. THURSTON COUNTY ...... THURSTON COUNTY.

NEVADA

ESMERALDA COUNTY ...... ESMERALDA COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55982 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

LANDER COUNTY ...... LANDER COUNTY. LINCOLN COUNTY ...... LINCOLN COUNTY. LYON COUNTY ...... LYON COUNTY. MINERAL COUNTY ...... MINERAL COUNTY. NORTH LAS VEGAS CITY ...... NORTH LAS VEGAS CITY IN CLARK COUNTY.

NEW JERSEY

ATLANTIC CITY ...... ATLANTIC CITY IN ATLANTIC COUNTY. BALANCE OF ATLANTIC COUNTY ...... ATLANTIC COUNTY LESS ATLANTIC CITY. BERKELEY TOWNSHIP ...... BERKELEY TOWNSHIP IN OCEAN COUNTY. CAMDEN CITY ...... CAMDEN CITY IN CAMDEN COUNTY. CAPE MAY COUNTY ...... CAPE MAY COUNTY. CITY OF ORANGE TOWNSHIP ...... CITY OF ORANGE TOWNSHIP IN ESSEX COUNTY. BALANCE OF CUMBERLAND COUNTY ...... CUMBERLAND COUNTY LESS MILLVILLE CITY, VINELAND CITY. EAST ORANGE CITY ...... EAST ORANGE CITY IN ESSEX COUNTY. EGG HARBOR TOWNSHIP ...... EGG HARBOR TOWNSHIP IN ATLANTIC COUNTY. ELIZABETH CITY ...... ELIZABETH CITY IN UNION COUNTY. IRVINGTON TOWNSHIP ...... IRVINGTON TOWNSHIP IN ESSEX COUNTY. JERSEY CITY ...... JERSEY CITY IN HUDSON COUNTY. LAKEWOOD TOWNSHIP ...... LAKEWOOD TOWNSHIP IN OCEAN COUNTY. LONG BRANCH CITY ...... LONG BRANCH CITY IN MONMOUTH COUNTY. MANCHESTER TOWNSHIP ...... MANCHESTER TOWNSHIP IN OCEAN COUNTY. MILLVILLE CITY ...... MILLVILLE CITY IN CUMBERLAND COUNTY. NEW BRUNSWICK CITY ...... NEW BRUNSWICK CITY IN MIDDLESEX COUNTY. NEWARK CITY ...... NEWARK CITY IN ESSEX COUNTY. NORTH BERGEN TOWNSHIP ...... NORTH BERGEN TOWNSHIP IN HUDSON COUNTY. PASSAIC CITY ...... PASSAIC CITY IN PASSAIC COUNTY. PATERSON CITY ...... PATERSON CITY IN PASSAIC COUNTY. PERTH AMBOY CITY ...... PERTH AMBOY CITY IN MIDDLESEX COUNTY. PLAINFIELD CITY ...... PLAINFIELD CITY IN UNION COUNTY. TRENTON CITY ...... TRENTON CITY IN MERCER COUNTY. UNION CITY ...... UNION CITY IN HUDSON COUNTY. VINELAND CITY ...... VINELAND CITY IN CUMBERLAND COUNTY. WEST NEW YORK TOWN ...... WEST NEW YORK TOWN IN HUDSON COUNTY.

NEW MEXICO

CARLSBAD CITY ...... CARLSBAD CITY IN EDDY COUNTY. CATRON COUNTY ...... CATRON COUNTY. BALANCE OF CHAVES COUNTY ...... CHAVES COUNTY LESS ROSWELL CITY. CIBOLA COUNTY ...... CIBOLA COUNTY. COLFAX COUNTY ...... COLFAX COUNTY. BALANCE OF DONA ANA COUNTY ...... DONA ANA COUNTY LESS LAS CRUCES CITY. GRANT COUNTY ...... GRANT COUNTY. GUADALUPE COUNTY ...... GUADALUPE COUNTY. LAS CRUCES CITY ...... LAS CRUCES CITY IN DONA ANA COUNTY. LUNA COUNTY ...... LUNA COUNTY. MC KINLEY COUNTY ...... MC KINLEY COUNTY. MORA COUNTY ...... MORA COUNTY. BALANCE OF OTERO COUNTY ...... OTERO COUNTY LESS ALAMOGORDO CITY. RIO ARRIBA COUNTY ...... RIO ARRIBA COUNTY ROSWELL CITY ...... ROSWELL CITY IN CHAVES COUNTY. BALANCE OF SAN JUAN COUNTY ...... SAN JUAN COUNTY LESS FARMINGTON CITY. SAN MIGUEL COUNTY ...... SAN MIGUEL COUNTY. BALANCE OF SANDOVAL COUNTY ...... SANDOVAL COUNTY LESS RIO RANCHO CITY. SOCORRO COUNTY ...... SOCORRO COUNTY. TAOS COUNTY ...... TAOS COUNTY. TORRANCE COUNTY ...... TORRANCE COUNTY.

NEW YORK

ALLEGANY COUNTY ...... ALLEGANY COUNTY. AUBURN CITY ...... AUBURN CITY IN CAYUGA COUNTY. BINGHAMTON CITY ...... BINGHAMTON CITY IN BROOME COUNTY. BRONX COUNTY ...... BRONX COUNTY. BUFFALO CITY ...... BUFFALO CITY IN ERIE COUNTY. CATTARAUGUS COUNTY ...... CATTARAUGUS COUNTY. CHENANGO COUNTY ...... CHENANGO COUNTY. CLINTON COUNTY ...... CLINTON COUNTY. CORTLAND COUNTY ...... CORTLAND COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55983

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

ELMIRA CITY ...... ELMIRA CITY IN CHEMUNG COUNTY. ESSEX COUNTY ...... ESSEX COUNTY. FRANKLIN COUNTY ...... FRANKLIN COUNTY. FULTON COUNTY ...... FULTON COUNTY. HAMILTON COUNTY ...... HAMILTON COUNTY. HERKIMER COUNTY ...... HERKIMER COUNTY. JAMESTOWN CITY ...... JAMESTOWN CITY IN CHAUTAUQUA COUNTY. BALANCE OF JEFFERSON COUNTY ...... JEFFERSON COUNTY LESS WATERTOWN CITY. KINGS COUNTY ...... KINGS COUNTY. LEWIS COUNTY ...... LEWIS COUNTY. LOCKPORT CITY ...... LOCKPORT CITY IN NIAGARA COUNTY. MONTGOMERY COUNTY ...... MONTGOMERY COUNTY. NEW YORK COUNTY ...... NEW YORK COUNTY. NEWBURGH CITY ...... NEWBURGH CITY IN ORANGE COUNTY. NIAGARA FALLS CITY ...... NIAGARA FALLS CITY IN NIAGARA COUNTY. OSWEGO COUNTY ...... OSWEGO COUNTY. POUGHKEEPSIE CITY ...... POUGHKEEPSIE CITY IN DUTCHESS COUNTY. QUEENS COUNTY ...... QUEENS COUNTY. RICHMOND COUNTY ...... RICHMOND COUNTY. ROCHESTER CITY ...... ROCHESTER CITY IN MONROE COUNTY. SCHENECTADY CITY ...... SCHENECTADY CITY IN SCHENECTADY COUNTY. ST. LAWRENCE COUNTY ...... ST. LAWRENCE COUNTY. STEUBEN COUNTY ...... STEUBEN COUNTY. SULLIVAN COUNTY ...... SULLIVAN COUNTY. TROY CITY ...... TROY CITY IN RENSSELAER COUNTY. UTICA CITY ...... UTICA CITY IN ONEIDA COUNTY. BALANCE OF WARREN COUNTY ...... WARREN COUNTY LESS QUEENSBURY TOWN. WATERTOWN CITY ...... WATERTOWN CITY IN JEFFERSON COUNTY. WYOMING COUNTY ...... WYOMING COUNTY.

NORTH CAROLINA

ANSON COUNTY ...... ANSON COUNTY. ASHE COUNTY ...... ASHE COUNTY. BEAUFORT COUNTY ...... BEAUFORT COUNTY. CHEROKEE COUNTY ...... CHEROKEE COUNTY. COLUMBUS COUNTY ...... COLUMBUS COUNTY. BALANCE OF EDGECOMBE COUNTY ...... EDGECOMBE COUNTY LESS ROCKY MOUNT CITY. GRAHAM COUNTY ...... GRAHAM COUNTY. HALIFAX COUNTY ...... HALIFAX COUNTY. HYDE COUNTY ...... HYDE COUNTY. KINSTON CITY ...... KINSTON CITY IN LENOIR COUNTY. MARTIN COUNTY ...... MARTIN COUNTY. MITCHELL COUNTY ...... MITCHELL COUNTY. NORTHAMPTON COUNTY ...... NORTHAMPTON COUNTY. RICHMOND COUNTY ...... RICHMOND COUNTY. ROBESON COUNTY ...... ROBESON COUNTY. ROCKY MOUNT CITY ...... ROCKY MOUNT CITY IN EDGECOMBE COUNTY. NASH COUNTY. SCOTLAND COUNTY ...... SCOTLAND COUNTY. SWAIN COUNTY ...... SWAIN COUNTY. TYRRELL COUNTY ...... TYRRELL COUNTY. VANCE COUNTY ...... VANCE COUNTY. WARREN COUNTY ...... WARREN COUNTY. WASHINGTON COUNTY ...... WASHINGTON COUNTY. WILSON CITY ...... WILSON CITY IN WILSON COUNTY.

NORTH DAKOTA

BENSON COUNTY ...... BENSON COUNTY. MERCER COUNTY ...... MERCER COUNTY. ROLETTE COUNTY ...... ROLETTE COUNTY. SIOUX COUNTY ...... SIOUX COUNTY.

OHIO

ADAMS COUNTY ...... ADAMS COUNTY. ASHTABULA COUNTY ...... ASHTABULA COUNTY. BELMONT COUNTY ...... BELMONT COUNTY. CANTON CITY ...... CANTON CITY IN STARK COUNTY. CLEVELAND CITY ...... CLEVELAND CITY IN CUYAHOGA COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55984 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREASÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

DAYTON CITY ...... DAYTON CITY IN MONTGOMERY COUNTY. EAST CLEVELAND CITY ...... EAST CLEVELAND CITY IN CUYAHOGA COUNTY. GALLIA COUNTY ...... GALLIA COUNTY. GUERNSEY COUNTY ...... GUERNSEY COUNTY. HARRISON COUNTY ...... HARRISON COUNTY. HOCKING COUNTY ...... HOCKING COUNTY. HURON COUNTY ...... HURON COUNTY. JACKSON COUNTY ...... JACKSON COUNTY. JEFFERSON COUNTY ...... JEFFERSON COUNTY. LAWRENCE COUNTY ...... LAWRENCE COUNTY. LIMA CITY ...... LIMA CITY IN ALLEN COUNTY. LORAIN CITY ...... LORAIN CITY IN LORAIN COUNTY. MANSFIELD CITY ...... MANSFIELD CITY IN RICHLAND COUNTY. MARION CITY ...... MARION CITY IN MARION COUNTY. MEIGS COUNTY ...... MEIGS COUNTY. MERCER COUNTY ...... MERCER COUNTY. MONROE COUNTY ...... MONROE COUNTY. MORGAN COUNTY ...... MORGAN COUNTY. NOBLE COUNTY ...... NOBLE COUNTY. OTTAWA COUNTY ...... OTTAWA COUNTY. PERRY COUNTY ...... PERRY COUNTY. PIKE COUNTY ...... PIKE COUNTY. SANDUSKY CITY ...... SANDUSKY CITY IN ERIE COUNTY. SANDUSKY COUNTY ...... SANDUSKY COUNTY. SCIOTO COUNTY ...... SCIOTO COUNTY. SENECA COUNTY ...... SENECA COUNTY. TOLEDO CITY ...... TOLEDO CITY IN LUCAS COUNTY. VINTON COUNTY ...... VINTON COUNTY. WARREN CITY ...... WARREN CITY IN TRUMBULL COUNTY. YOUNGSTOWN CITY ...... YOUNGSTOWN CITY IN MAHONING COUNTY. ZANESVILLE CITY ...... ZANESVILLE CITY IN MUSKINGUM COUNTY.

OKLAHOMA

ADAIR COUNTY ...... ADAIR COUNTY. CARTER COUNTY ...... CARTER COUNTY. CHOCTAW COUNTY ...... CHOCTAW COUNTY. COAL COUNTY ...... COAL COUNTY. GARVIN COUNTY ...... GARVIN COUNTY. HASKELL COUNTY ...... HASKELL COUNTY. HUGHES COUNTY ...... HUGHES COUNTY. JOHNSTON COUNTY ...... JOHNSTON COUNTY. BALANCE OF KAY COUNTY ...... KAY COUNTY LESS PONCA CITY. LATIMER COUNTY ...... LATIMER COUNTY. LE FLORE COUNTY ...... LE FLORE COUNTY. MC CURTAIN COUNTY ...... MC CURTAIN COUNTY. MC INTOSH COUNTY ...... MC INTOSH COUNTY. MURRAY COUNTY ...... MURRAY COUNTY. BALANCE OF MUSKOGEE COUNTY ...... MUSKOGEE COUNTY LESS MUSKOGEE CITY. OKFUSKEE COUNTY ...... OKFUSKEE COUNTY. OKMULGEE COUNTY ...... OKMULGEE COUNTY. OTTAWA COUNTY ...... OTTAWA COUNTY. PAWNEE COUNTY ...... PAWNEE COUNTY. PITTSBURG COUNTY ...... PITTSBURG COUNTY. PONCA CITY ...... PONCA CITY IN KAY COUNTY. PUSHMATAHA COUNTY ...... PUSHMATAHA COUNTY. SEMINOLE COUNTY ...... SEMINOLE COUNTY. SEQUOYAH COUNTY ...... SEQUOYAH COUNTY.

OREGON

ALBANY CITY ...... ALBANY CITY IN LINN COUNTY. BAKER COUNTY ...... BAKER COUNTY. BEND CITY ...... BEND CITY IN DESCHUTES COUNTY. CLATSOP COUNTY ...... CLATSOP COUNTY. COLUMBIA COUNTY ...... COLUMBIA COUNTY. COOS COUNTY ...... COOS COUNTY. CROOK COUNTY ...... CROOK COUNTY. CURRY COUNTY ...... CURRY COUNTY. BALANCE OF DESCHUTES COUNTY ...... DESCHUTES COUNTY LESS BEND CITY. DOUGLAS COUNTY ...... DOUGLAS COUNTY. GRANT COUNTY ...... GRANT COUNTY.

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55985

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

HARNEY COUNTY ...... HARNEY COUNTY. HOOD RIVER COUNTY ...... HOOD RIVER COUNTY. BALANCE OF JACKSON COUNTY ...... JACKSON COUNTY LESS MEDFORD CITY. JEFFERSON COUNTY ...... JEFFERSON COUNTY. JOSEPHINE COUNTY ...... JOSEPHINE COUNTY. KLAMATH COUNTY ...... KLAMATH COUNTY. LAKE COUNTY ...... LAKE COUNTY. LINCOLN COUNTY ...... LINCOLN COUNTY. BALANCE OF LINN COUNTY ...... LINN COUNTY LESS ALBANY CITY. MALHEUR COUNTY ...... MALHEUR COUNTY. MEDFORD CITY ...... MEDFORD CITY IN JACKSON COUNTY. MORROW COUNTY ...... MORROW COUNTY. SPRINGFIELD CITY ...... SPRINGFIELD CITY IN LANE COUNTY. TILLAMOOK COUNTY ...... TILLAMOOK COUNTY. UMATILLA COUNTY ...... UMATILLA COUNTY. UNION COUNTY ...... UNION COUNTY. WALLOWA COUNTY ...... WALLOWA COUNTY. WASCO COUNTY ...... WASCO COUNTY. WHEELER COUNTY ...... WHEELER COUNTY.

PENNSYLVANIA

ALTOONA CITY ...... ALTOONA CITY IN BLAIR COUNTY. ARMSTRONG COUNTY ...... ARMSTRONG COUNTY. BEDFORD COUNTY ...... BEDFORD COUNTY. BALANCE OF CAMBRIA COUNTY ...... CAMBRIA COUNTY LESS JOHNSTOWN CITY. CAMERON COUNTY ...... CAMERON COUNTY. CARBON COUNTY ...... CARBON COUNTY. CHESTER CITY ...... CHESTER CITY IN DELAWARE COUNTY. CLEARFIELD COUNTY ...... CLEARFIELD COUNTY. CLINTON COUNTY ...... CLINTON COUNTY. COLUMBIA COUNTY ...... COLUMBIA COUNTY. ELK COUNTY ...... ELK COUNTY. ERIE CITY ...... ERIE CITY IN ERIE COUNTY. FAYETTE COUNTY ...... FAYETTE COUNTY. FOREST COUNTY ...... FOREST COUNTY. FULTON COUNTY ...... FULTON COUNTY. GREENE COUNTY ...... GREENE COUNTY. HAZLETON CITY ...... HAZLETON CITY IN LUZERNE COUNTY. HUNTINGDON COUNTY ...... HUNTINGDON COUNTY. INDIANA COUNTY ...... INDIANA COUNTY. JEFFERSON COUNTY ...... JEFFERSON COUNTY. JOHNSTOWN CITY ...... JOHNSTOWN CITY IN CAMBRIA COUNTY. JUNIATA COUNTY ...... JUNIATA COUNTY. BALANCE OF LACKAWANNA COUNTY ...... LACKAWANNA COUNTY LESS SCRANTON CITY. BALANCE OF LUZERNE COUNTY ...... LUZERNE COUNTY LESS HAZLETON CITY. WILKES-BARRE CITY. MC KEAN COUNTY ...... MC KEAN COUNTY. MCKEESPORT CITY ...... MCKEESPORT CITY IN ALLEGHENY COUNTY. MIFFLIN COUNTY ...... MIFFLIN COUNTY. MONROE COUNTY ...... MONROE COUNTY. NEW CASTLE CITY ...... NEW CASTLE CITY IN LAWRENCE COUNTY. NORTHUMBERLAND COUNTY ...... NORTHUMBERLAND COUNTY. PHILADELPHIA CITY ...... PHILADELPHIA CITY IN PHILADELPHIA COUNTY. POTTER COUNTY ...... POTTER COUNTY. READING CITY ...... READING CITY IN BERKS COUNTY. SCHUYLKILL COUNTY ...... SCHUYLKILL COUNTY. SCRANTON CITY ...... SCRANTON CITY IN LACKAWANNA COUNTY. SOMERSET COUNTY ...... SOMERSET COUNTY. SULLIVAN COUNTY ...... SULLIVAN COUNTY. SUSQUEHANNA COUNTY ...... SUSQUEHANNA COUNTY. TIOGA COUNTY ...... TIOGA COUNTY. VENANGO COUNTY ...... VENANGO COUNTY. WAYNE COUNTY ...... WAYNE COUNTY. WILKES-BARRE CITY ...... WILKES-BARRE CITY IN LUZERNE COUNTY. WILLIAMSPORT CITY ...... WILLIAMSPORT CITY IN LYCOMING COUNTY. WYOMING COUNTY ...... WYOMING COUNTY. YORK CITY ...... YORK CITY IN YORK COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55986 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

PUERTO RICO

ADJUNTAS MUNICIPIO ...... ADJUNTAS MUNICIPIO. AGUADA MUNICIPIO ...... AGUADA MUNICIPIO. AGUADILLA MUNICIPIO ...... AGUADILLA MUNICIPIO. AGUAS BUENAS MUNICIPIO ...... AGUAS BUENAS MUNICIPIO. AIBONITO MUNICIPIO ...... AIBONITO MUNICIPIO. ANASCO MUNICIPIO ...... ANASCO MUNICIPIO. ARECIBO MUNICIPIO ...... ARECIBO MUNICIPIO. ARROYO MUNICIPIO ...... ARROYO MUNICIPIO. BARCELONETA MUNICIPIO ...... BARCELONETA MUNICIPIO. BARRANQUITAS MUNICIPIO ...... BARRANQUITAS MUNICIPIO. BAYAMON MUNICIPIO ...... BAYAMON MUNICIPIO. CABO ROJO MUNICIPIO ...... CABO ROJO MUNICIPIO. CAGUAS MUNICIPIO ...... CAGUAS MUNICIPIO. CAMUY MUNICIPIO ...... CAMUY MUNICIPIO. CANOVANAS MUNICIPIO ...... CANOVANAS MUNICIPIO. CAROLINA MUNICIPIO ...... CAROLINA MUNICIPIO. CATANO MUNICIPIO ...... CATANO MUNICIPIO. CAYEY MUNICIPIO ...... CAYEY MUNICIPIO. CEIBA MUNICIPIO ...... CEIBA MUNICIPIO. CIALES MUNICIPIO ...... CIALES MUNICIPIO. CIDRA MUNICIPIO ...... CIDRA MUNICIPIO. COAMO MUNICIPIO ...... COAMO MUNICIPIO. COMERIO MUNICIPIO ...... COMERIO MUNICIPIO. COROZAL MUNICIPIO ...... COROZAL MUNICIPIO. CULEBRA MUNICIPIO ...... CULEBRA MUNICIPIO. DORADO MUNICIPIO ...... DORADO MUNICIPIO. FAJARDO MUNICIPIO ...... FAJARDO MUNICIPIO. FLORIDA MUNICIPIO ...... FLORIDA MUNICIPIO. GUANICA MUNICIPIO ...... GUANICA MUNICIPIO. GUAYAMA MUNICIPIO ...... GUAYAMA MUNICIPIO. GUAYANILLA MUNICIPIO ...... GUAYANILLA MUNICIPIO. GURABO MUNICIPIO ...... GURABO MUNICIPIO. HATILLO MUNICIPIO ...... HATILLO MUNICIPIO. HORMIGUEROS MUNICIPIO ...... HORMIGUEROS MUNICIPIO. HUMACAO MUNICIPIO ...... HUMACAO MUNICIPIO. ISABELA MUNICIPIO ...... ISABELA MUNICIPIO. JAYUYA MUNICIPIO ...... JAYUYA MUNICIPIO. JUANA DIAZ MUNICIPIO ...... JUANA DIAZ MUNICIPIO. JUNCOS MUNICIPIO ...... JUNCOS MUNICIPIO. LAJAS MUNICIPIO ...... LAJAS MUNICIPIO. LARES MUNICIPIO ...... LARES MUNICIPIO. LAS MARIAS MUNICIPIO ...... LAS MARIAS MUNICIPIO. LAS PIEDRAS MUNICIPIO ...... LAS PIEDRAS MUNICIPIO. LOIZA MUNICIPIO ...... LOIZA MUNICIPIO. LUQUILLO MUNICIPIO ...... LUQUILLO MUNICIPIO. MANATI MUNICIPIO ...... MANATI MUNICIPIO. MARICAO MUNICIPIO ...... MARICAO MUNICIPIO. MAUNABO MUNICIPIO ...... MAUNABO MUNICIPIO. MAYAGUEZ MUNICIPIO ...... MAYAGUEZ MUNICIPIO. MOCA MUNICIPIO ...... MOCA MUNICIPIO. MOROVIS MUNICIPIO ...... MOROVIS MUNICIPIO. NAGUABO MUNICIPIO ...... NAGUABO MUNICIPIO. NARANJITO MUNICIPIO ...... NARANJITO MUNICIPIO. OROCOVIS MUNICIPIO ...... OROCOVIS MUNICIPIO. PATILLAS MUNICIPIO ...... PATILLAS MUNICIPIO. PENUELAS MUNICIPIO ...... PENUELAS MUNICIPIO. PONCE MUNICIPIO ...... PONCE MUNICIPIO. QUEBRADILLAS MUNICIPIO ...... QUEBRADILLAS MUNICIPIO. RINCON MUNICIPIO ...... RINCON MUNICIPIO. RIO GRANDE MUNICIPIO ...... RIO GRANDE MUNICIPIO. SABANA GRANDE MUNICIPIO ...... SABANA GRANDE MUNICIPIO. SALINAS MUNICIPIO ...... SALINAS MUNICIPIO. SAN GERMAN MUNICIPIO ...... SAN GERMAN MUNICIPIO. SAN JUAN MUNICIPIO ...... SAN JUAN MUNICIPIO. SAN LORENZO MUNICIPIO ...... SAN LORENZO MUNICIPIO. SAN SEBASTIAN MUNICIPIO ...... SAN SEBASTIAN MUNICIPIO. SANTA ISABEL MUNICIPIO ...... SANTA ISABEL MUNICIPIO. TOA ALTA MUNICIPIO ...... TOA ALTA MUNICIPIO. TOA BAJA MUNICIPIO ...... TOA BAJA MUNICIPIO.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55987

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

TRUJILLO ALTO MUNICIPIO ...... TRUJILLO ALTO MUNICIPIO. UTUADO MUNICIPIO ...... UTUADO MUNICIPIO. VEGA ALTA MUNICIPIO ...... VEGA ALTA MUNICIPIO. VEGA BAJA MUNICIPIO ...... VEGA BAJA MUNICIPIO. VIEQUES MUNICIPIO ...... VIEQUES MUNICIPIO. VILLALBA MUNICIPIO ...... VILLALBA MUNICIPIO. YABUCOA MUNICIPIO ...... YABUCOA MUNICIPIO. YAUCO MUNICIPIO ...... YAUCO MUNICIPIO.

RHODE ISLAND

CENTRAL FALLS CITY ...... CENTRAL FALLS CITY. NEW SHOREHAM TOWN ...... NEW SHOREHAM TOWN. PAWTUCKET CITY ...... PAWTUCKET CITY. PROVIDENCE CITY ...... PROVIDENCE CITY.

SOUTH CAROLINA

ALLENDALE COUNTY ...... ALLENDALE COUNTY. BAMBERG COUNTY ...... BAMBERG COUNTY. BARNWELL COUNTY ...... BARNWELL COUNTY. CHESTER COUNTY ...... CHESTER COUNTY. CHESTERFIELD COUNTY ...... CHESTERFIELD COUNTY. CLARENDON COUNTY ...... CLARENDON COUNTY. DARLINGTON COUNTY ...... DARLINGTON COUNTY. DILLON COUNTY ...... DILLON COUNTY. FAIRFIELD COUNTY ...... FAIRFIELD COUNTY. GEORGETOWN COUNTY ...... GEORGETOWN COUNTY. LEE COUNTY ...... LEE COUNTY. MARION COUNTY ...... MARION COUNTY. MARLBORO COUNTY ...... MARLBORO COUNTY. MC CORMICK COUNTY ...... MC CORMICK COUNTY. ORANGEBURG COUNTY ...... ORANGEBURG COUNTY. UNION COUNTY ...... UNION COUNTY. WILLIAMSBURG COUNTY ...... WILLIAMSBURG COUNTY.

SOUTH DAKOTA

BUFFALO COUNTY ...... BUFFALO COUNTY. CORSON COUNTY ...... CORSON COUNTY. DEWEY COUNTY ...... DEWEY COUNTY. MELLETTE COUNTY ...... MELLETTE COUNTY. SHANNON COUNTY ...... SHANNON COUNTY. TODD COUNTY ...... TODD COUNTY. ZIEBACH COUNTY ...... ZIEBACH COUNTY.

TENNESSEE

BENTON COUNTY ...... BENTON COUNTY. CAMPBELL COUNTY ...... CAMPBELL COUNTY. CANNON COUNTY ...... CANNON COUNTY. CARROLL COUNTY ...... CARROLL COUNTY. BALANCE OF CARTER COUNTY ...... CARTER COUNTY LESS JOHNSON CITY. CLAY COUNTY ...... CLAY COUNTY. COCKE COUNTY ...... COCKE COUNTY. CROCKETT COUNTY ...... CROCKETT COUNTY. CUMBERLAND COUNTY ...... CUMBERLAND COUNTY. DE KALB COUNTY ...... DE KALB COUNTY. DECATUR COUNTY ...... DECATUR COUNTY. FENTRESS COUNTY ...... FENTRESS COUNTY. GIBSON COUNTY ...... GIBSON COUNTY. GREENE COUNTY ...... GREENE COUNTY. GRUNDY COUNTY ...... GRUNDY COUNTY. HANCOCK COUNTY ...... HANCOCK COUNTY. HARDEMAN COUNTY ...... HARDEMAN COUNTY. HARDIN COUNTY ...... HARDIN COUNTY. HAYWOOD COUNTY ...... HAYWOOD COUNTY. HENDERSON COUNTY ...... HENDERSON COUNTY. HENRY COUNTY ...... HENRY COUNTY. HICKMAN COUNTY ...... HICKMAN COUNTY. HOUSTON COUNTY ...... HOUSTON COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55988 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

HUMPHREYS COUNTY ...... HUMPHREYS COUNTY. JACKSON COUNTY ...... JACKSON COUNTY. JOHNSON COUNTY ...... JOHNSON COUNTY. LAKE COUNTY ...... LAKE COUNTY. LAUDERDALE COUNTY ...... LAUDERDALE COUNTY. LAWRENCE COUNTY ...... LAWRENCE COUNTY. LEWIS COUNTY ...... LEWIS COUNTY. LINCOLN COUNTY ...... LINCOLN COUNTY. MACON COUNTY ...... MACON COUNTY. MARION COUNTY ...... MARION COUNTY. MC MINN COUNTY ...... MC MINN COUNTY. MC NAIRY COUNTY ...... MC NAIRY COUNTY. MEIGS COUNTY ...... MEIGS COUNTY. MONROE COUNTY ...... MONROE COUNTY. MORGAN COUNTY ...... MORGAN COUNTY. OBION COUNTY ...... OBION COUNTY. OVERTON COUNTY ...... OVERTON COUNTY. PERRY COUNTY ...... PERRY COUNTY. PICKETT COUNTY ...... PICKETT COUNTY. POLK COUNTY ...... POLK COUNTY. RHEA COUNTY ...... RHEA COUNTY. BALANCE OF ROANE COUNTY ...... ROANE COUNTY LESS OAK RIDGE CITY. SCOTT COUNTY ...... SCOTT COUNTY. SEQUATCHIE COUNTY ...... SEQUATCHIE COUNTY. SEVIER COUNTY ...... SEVIER COUNTY. STEWART COUNTY ...... STEWART COUNTY. TROUSDALE COUNTY ...... TROUSDALE COUNTY. UNICOI COUNTY ...... UNICOI COUNTY. VAN BUREN COUNTY ...... VAN BUREN COUNTY. WARREN COUNTY ...... WARREN COUNTY. WAYNE COUNTY ...... WAYNE COUNTY. WHITE COUNTY ...... WHITE COUNTY.

TEXAS

ANDREWS COUNTY ...... ANDREWS COUNTY. ARANSAS COUNTY ...... ARANSAS COUNTY. BAILEY COUNTY ...... BAILEY COUNTY. BEAUMONT CITY ...... BEAUMONT CITY IN JEFFERSON COUNTY. BALANCE OF BOWIE COUNTY ...... BOWIE COUNTY LESS TEXARKANA CITY TEX. BALANCE OF BRAZORIA COUNTY ...... BRAZORIA COUNTY LESS LAKE JACKSON CITY. BROOKS COUNTY ...... BROOKS COUNTY. BROWNSVILLE CITY ...... BROWNSVILLE CITY IN CAMERON COUNTY. CALHOUN COUNTY ...... CALHOUN COUNTY. BALANCE OF CAMERON COUNTY ...... CAMERON COUNTY LESS BROWNSVILLE CITY, HARLINGEN CITY. CAMP COUNTY ...... CAMP COUNTY. CASS COUNTY ...... CASS COUNTY. COLEMAN COUNTY ...... COLEMAN COUNTY. CORPUS CHRISTI CITY ...... CORPUS CHRISTI CITY IN NUECES COUNTY. COTTLE COUNTY ...... COTTLE COUNTY. CROSBY COUNTY ...... CROSBY COUNTY. CULBERSON COUNTY ...... CULBERSON COUNTY. DAWSON COUNTY ...... DAWSON COUNTY. DEAF SMITH COUNTY ...... DEAF SMITH COUNTY. DEL RIO CITY ...... DEL RIO CITY IN VAL VERDE COUNTY. DIMMIT COUNTY ...... DIMMIT COUNTY. DUVAL COUNTY ...... DUVAL COUNTY. BALANCE OF ECTOR COUNTY ...... ECTOR COUNTY LESS ODESSA CITY. EDINBURG CITY ...... EDINBURG CITY IN HIDALGO COUNTY. EDWARDS COUNTY ...... EDWARDS COUNTY. EL PASO CITY ...... EL PASO CITY IN EL PASO COUNTY. BALANCE OF EL PASO COUNTY ...... EL PASO COUNTY LESS EL PASO CITY, SOCORRO CITY. FLOYD COUNTY ...... FLOYD COUNTY. FRIO COUNTY ...... FRIO COUNTY. GALVESTON CITY ...... GALVESTON CITY IN GALVESTON COUNTY. BALANCE OF GALVESTON COUNTY ...... GALVESTON COUNTY LESS FRIENDSWOOD CITY, GALVESTON CITY, LEAGUE CITY, TEXAS CITY. GARZA COUNTY ...... GARZA COUNTY. BALANCE OF GREGG COUNTY ...... GREGG COUNTY LESS LONGVIEW CITY. HALE COUNTY ...... HALE COUNTY. HALL COUNTY ...... HALL COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55989

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

HARDIN COUNTY ...... HARDIN COUNTY. HARLINGEN CITY ...... HARLINGEN CITY IN CAMERON COUNTY. BALANCE OF HARRISON COUNTY ...... HARRISON COUNTY LESS LONGVIEW CITY. BALANCE OF HIDALGO COUNTY ...... HIDALGO COUNTY LESS EDINBURG CITY, MC ALLEN CITY, MISSION CITY, PHARR CITY. HUTCHINSON COUNTY ...... HUTCHINSON COUNTY. JASPER COUNTY ...... JASPER COUNTY. JIM HOGG COUNTY ...... JIM HOGG COUNTY. JIM WELLS COUNTY ...... JIM WELLS COUNTY. KILLEEN CITY ...... KILLEEN CITY IN BELL COUNTY. KING COUNTY ...... KING COUNTY. KINGSVILLE CITY ...... KINGSVILLE CITY IN KLEBERG COUNTY. KINNEY COUNTY ...... KINNEY COUNTY. BALANCE OF KLEBERG COUNTY ...... KLEBERG COUNTY LESS KINGSVILLE CITY. LA SALLE COUNTY ...... LA SALLE COUNTY. LAMAR COUNTY ...... LAMAR COUNTY. LAMB COUNTY ...... LAMB COUNTY. LAREDO CITY ...... LAREDO CITY IN WEBB COUNTY. LEON COUNTY ...... LEON COUNTY. LIBERTY COUNTY ...... LIBERTY COUNTY. LONGVIEW CITY ...... LONGVIEW CITY IN GREGG COUNTY, HARRISON COUNTY. LOVING COUNTY ...... LOVING COUNTY. MARION COUNTY ...... MARION COUNTY. MATAGORDA COUNTY ...... MATAGORDA COUNTY. MAVERICK COUNTY ...... MAVERICK COUNTY. MC ALLEN CITY ...... MC ALLEN CITY IN HIDALGO COUNTY. MC CULLOCH COUNTY ...... MC CULLOCH COUNTY. MISSION CITY ...... MISSION CITY IN HIDALGO COUNTY. MITCHELL COUNTY ...... MITCHELL COUNTY. MORRIS COUNTY ...... MORRIS COUNTY. NEWTON COUNTY ...... NEWTON COUNTY. NOLAN COUNTY ...... NOLAN COUNTY. BALANCE OF NUECES COUNTY ...... NUECES COUNTY LESS CORPUS CHRISTI CITY. ODESSA CITY ...... ODESSA CITY IN ECTOR COUNTY. ORANGE COUNTY ...... ORANGE COUNTY. PALO PINTO COUNTY ...... PALO PINTO COUNTY. PANOLA COUNTY ...... PANOLA COUNTY. PECOS COUNTY ...... PECOS COUNTY. PHARR CITY ...... PHARR CITY IN HIDALGO COUNTY. POLK COUNTY ...... POLK COUNTY. PORT ARTHUR CITY ...... PORT ARTHUR CITY IN JEFFERSON COUNTY. PRESIDIO COUNTY ...... PRESIDIO COUNTY. RED RIVER COUNTY ...... RED RIVER COUNTY. REEVES COUNTY ...... REEVES COUNTY. RUSK COUNTY ...... RUSK COUNTY. SABINE COUNTY ...... SABINE COUNTY. SAN AUGUSTINE COUNTY ...... SAN AUGUSTINE COUNTY. SAN PATRICIO COUNTY ...... SAN PATRICIO COUNTY. SHELBY COUNTY ...... SHELBY COUNTY. SOCORRO CITY ...... SOCORRO CITY IN EL PASO COUNTY. SOMERVELL COUNTY ...... SOMERVELL COUNTY. STARR COUNTY ...... STARR COUNTY. TERRELL COUNTY ...... TERRELL COUNTY. TERRY COUNTY ...... TERRY COUNTY. TEXARKANA CITY ...... TEX TEXARKANA CITY, TEX IN BOWIE COUNTY. TEXAS CITY ...... TEXAS CITY IN GALVESTON COUNTY. TITUS COUNTY ...... TITUS COUNTY. TYLER CITY ...... TYLER CITY IN SMITH COUNTY. TYLER COUNTY ...... TYLER COUNTY. UPSHUR COUNTY ...... UPSHUR COUNTY. UVALDE COUNTY ...... UVALDE COUNTY. BALANCE OF VAL VERDE COUNTY ...... VAL VERDE COUNTY LESS DEL RIO CITY. WARD COUNTY ...... WARD COUNTY. BALANCE OF WEBB COUNTY ...... WEBB COUNTY LESS LAREDO CITY. WILLACY COUNTY ...... WILLACY COUNTY. WINKLER COUNTY ...... WINKLER COUNTY. YOAKUM COUNTY ...... YOAKUM COUNTY. YOUNG COUNTY ...... YOUNG COUNTY. ZAPATA COUNTY ...... ZAPATA COUNTY. ZAVALA COUNTY ...... ZAVALA COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55990 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

UTAH

DUCHESNE COUNTY ...... DUCHESNE COUNTY. EMERY COUNTY ...... EMERY COUNTY. GARFIELD COUNTY ...... GARFIELD COUNTY. GRAND COUNTY ...... GRAND COUNTY. OGDEN CITY ...... OGDEN CITY IN WEBER COUNTY. SAN JUAN COUNTY ...... SAN JUAN COUNTY.

VERMONT

ESSEX COUNTY ...... ESSEX COUNTY. ORLEANS COUNTY ...... ORLEANS COUNTY.

VIRGINIA

ACCOMACK COUNTY ...... ACCOMACK COUNTY. BATH COUNTY ...... BATH COUNTY. BUCHANAN COUNTY ...... BUCHANAN COUNTY. CAROLINE COUNTY ...... CAROLINE COUNTY. CLIFTON FORGE CITY ...... CLIFTON FORGE CITY. COVINGTON CITY ...... COVINGTON CITY. DANVILLE CITY ...... DANVILLE CITY. DICKENSON COUNTY ...... DICKENSON COUNTY. ESSEX COUNTY ...... ESSEX COUNTY. GILES COUNTY ...... GILES COUNTY. HALIFAX COUNTY ...... HALIFAX COUNTY. LANCASTER COUNTY ...... LANCASTER COUNTY. LEE COUNTY ...... LEE COUNTY. LOUISA COUNTY ...... LOUISA COUNTY. LUNENBURG COUNTY ...... LUNENBURG COUNTY. NORFOLK CITY ...... NORFOLK CITY. NORTHAMPTON COUNTY ...... NORTHAMPTON COUNTY. NORTHUMBERLAND COUNTY ...... NORTHUMBERLAND COUNTY. NORTON CITY ...... NORTON CITY. PETERSBURG CITY ...... PETERSBURG CITY. PORTSMOUTH CITY ...... PORTSMOUTH CITY. PRINCE EDWARD COUNTY ...... PRINCE EDWARD COUNTY. RUSSELL COUNTY ...... RUSSELL COUNTY. SCOTT COUNTY ...... SCOTT COUNTY. SMYTH COUNTY ...... SMYTH COUNTY. SURRY COUNTY ...... SURRY COUNTY. TAZEWELL COUNTY ...... TAZEWELL COUNTY. WESTMORELAND COUNTY ...... WESTMORELAND COUNTY. WILLIAMSBURG CITY ...... WILLIAMSBURG CITY. WISE COUNTY ...... WISE COUNTY.

WASHINGTON

ADAMS COUNTY ...... ADAMS COUNTY. BALANCE OF BENTON COUNTY ...... BENTON COUNTY LESS KENNEWICK CITY, RICHLAND CITY. BREMERTON CITY ...... BREMERTON CITY IN KITSAP COUNTY. CHELAN COUNTY ...... CHELAN COUNTY. CLALLAM COUNTY ...... CLALLAM COUNTY . COLUMBIA COUNTY ...... COLUMBIA COUNTY. BALANCE OF COWLITZ COUNTY ...... COWLITZ COUNTY LESS LONGVIEW CITY. DOUGLAS COUNTY ...... DOUGLAS COUNTY. FERRY COUNTY ...... FERRY COUNTY. FRANKLIN COUNTY ...... FRANKLIN COUNTY. GRANT COUNTY ...... GRANT COUNTY. GRAYS HARBOR COUNTY ...... GRAYS HARBOR COUNTY. JEFFERSON COUNTY ...... JEFFERSON COUNTY. KENNEWICK CITY ...... KENNEWICK CITY IN BENTON COUNTY. KITTITAS COUNTY ...... KITTITAS COUNTY. KLICKITAT COUNTY ...... KLICKITAT COUNTY. LAKEWOOD CITY ...... LAKEWOOD CITY IN PIERCE COUNTY. LEWIS COUNTY ...... LEWIS COUNTY. LONGVIEW CITY ...... LONGVIEW CITY IN COWLITZ COUNTY. MASON COUNTY ...... MASON COUNTY. OKANOGAN COUNTY ...... OKANOGAN COUNTY. PACIFIC COUNTY ...... PACIFIC COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55991

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

PEND OREILLE COUNTY ...... PEND OREILLE COUNTY. SKAGIT COUNTY ...... SKAGIT COUNTY. SKAMANIA COUNTY ...... SKAMANIA COUNTY. STEVENS COUNTY ...... STEVENS COUNTY. WAHKIAKUM COUNTY ...... WAHKIAKUM COUNTY. WALLA WALLA CITY ...... WALLA WALLA CITY IN WALLA WALLA COUNTY. YAKIMA CITY ...... YAKIMA CITY IN YAKIMA COUNTY. BALANCE OF YAKIMA COUNTY ...... YAKIMA COUNTY LESS YAKIMA CITY.

WEST VIRGINIA

BARBOUR COUNTY ...... BARBOUR COUNTY. BOONE COUNTY ...... BOONE COUNTY. BRAXTON COUNTY ...... BRAXTON COUNTY. BROOKE COUNTY ...... BROOKE COUNTY. CALHOUN COUNTY ...... CALHOUN COUNTY. CLAY COUNTY ...... CLAY COUNTY. DODDRIDGE COUNTY ...... DODDRIDGE COUNTY. FAYETTE COUNTY ...... FAYETTE COUNTY. GILMER COUNTY ...... GILMER COUNTY. GRANT COUNTY ...... GRANT COUNTY. GREENBRIER COUNTY ...... GREENBRIER COUNTY. HANCOCK COUNTY ...... HANCOCK COUNTY. HARRISON COUNTY ...... HARRISON COUNTY. HUNTINGTON CITY ...... HUNTINGTON CITY IN CABELL COUNTY, WAYNE COUNTY. JACKSON COUNTY ...... JACKSON COUNTY. LEWIS COUNTY ...... LEWIS COUNTY. LINCOLN COUNTY ...... LINCOLN COUNTY. LOGAN COUNTY ...... LOGAN COUNTY. MARION COUNTY ...... MARION COUNTY. BALANCE OF MARSHALL COUNTY ...... MARSHALL COUNTY LESS WHEELING CITY. MASON COUNTY ...... MASON COUNTY. MC DOWELL COUNTY ...... MC DOWELL COUNTY. MINERAL COUNTY ...... MINERAL COUNTY. MINGO COUNTY ...... MINGO COUNTY. NICHOLAS COUNTY ...... NICHOLAS COUNTY. PARKERSBURG CITY ...... PARKERSBURG CITY IN WOOD COUNTY. PLEASANTS COUNTY ...... PLEASANTS COUNTY. POCAHONTAS COUNTY ...... POCAHONTAS COUNTY. PRESTON COUNTY ...... PRESTON COUNTY. RALEIGH COUNTY ...... RALEIGH COUNTY. RANDOLPH COUNTY ...... RANDOLPH COUNTY. RITCHIE COUNTY ...... RITCHIE COUNTY. ROANE COUNTY ...... ROANE COUNTY. SUMMERS COUNTY ...... SUMMERS COUNTY. TAYLOR COUNTY ...... TAYLOR COUNTY. TUCKER COUNTY ...... TUCKER COUNTY. TYLER COUNTY ...... TYLER COUNTY. UPSHUR COUNTY ...... UPSHUR COUNTY. BALANCE OF WAYNE COUNTY ...... WAYNE COUNTY LESS HUNTINGTON CITY. WEBSTER COUNTY ...... WEBSTER COUNTY. WETZEL COUNTY ...... WETZEL COUNTY. WIRT COUNTY ...... WIRT COUNTY. WYOMING COUNTY ...... WYOMING COUNTY.

WISCONSIN

ASHLAND COUNTY ...... ASHLAND COUNTY. BAYFIELD COUNTY ...... BAYFIELD COUNTY. CLARK COUNTY ...... CLARK COUNTY. FLORENCE COUNTY ...... FLORENCE COUNTY. FOREST COUNTY ...... FOREST COUNTY. IRON COUNTY ...... IRON COUNTY. JUNEAU COUNTY ...... JUNEAU COUNTY. LANGLADE COUNTY ...... LANGLADE COUNTY. MARQUETTE COUNTY ...... MARQUETTE COUNTY. MENOMINEE COUNTY ...... MENOMINEE COUNTY. RACINE CITY ...... RACINE CITY IN RACINE COUNTY. RUSK COUNTY ...... RUSK COUNTY. SAWYER COUNTY ...... SAWYER COUNTY.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 55992 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

LABOR SURPLUS AREAS.ÐContinued [October 1, 1999 Through September 30, 2000]

Eligible labor surplus areas Civil jurisdictions included

WASHBURN COUNTY ...... WASHBURN COUNTY.

WYOMING

BIG HORN COUNTY ...... BIG HORN COUNTY. FREMONT COUNTY ...... FREMONT COUNTY. LINCOLN COUNTY ...... LINCOLN COUNTY. BALANCE OF NATRONA COUNTY ...... NATRONA COUNTY LESS CASPER CITY.

[FR Doc. 99–26963 Filed 10–14–99; 8:45 am] procedure thereon prior to the issuance New General Wage Determination BILLING CODE 4510±30±P of these determinations as prescribed in Decision 5 U.S.C. 553 and not providing for delay in the effective date as prescribed in that The number of the decisions added to DEPARTMENT OF LABOR section, because the necessity to issue the Government Printing Office document entitled ‘‘General Wage current construction industry wage Employment Standards Administration Determinations Issued Under the Davis- determinations frequently and in large Bacon and Related Acts’’ are listed by Wage and Hour Division volume causes procedures to be Volume and States: impractical and contrary to the public Minimum Wages for Federal and interest. Volume III Federally Assisted Construction; South Carolina General Wage Determination Decisions General wage determination decisions, and modifications and SC990037 (Oct. 15, 1999) General wage determination decisions supersedes decisions thereto, contain no Modifications to General Wage of the Secretary of Labor are issued in expiration dates and are effective from Determination Decisions accordance with applicable law and are their date of notice in the Federal based on the information obtained by Register, or on the date written notice The number of decisions listed in the Government Printing Office document the Department of Labor from its study is received by the agency, whichever is entitled ‘‘General Wage Determinations of local wage conditions and data made earlier. These decisions are to be used Issued Under the Davis-Bacon and available from other sources. They in accordance with the provisions of 29 specify the basic hourly wage rates and Related Acts’’ being modified are listed CFR parts 1 and 5. Accordingly, the by Volume and State. Dates of fringe benefits which are determined to applicable decision, together with any be prevailing for the described classes of publication in the Federal Register are modifications issued, must be made a in parentheses following the decisions laborers and mechanics employed on part of every contract for performance of construction projects of a similar being modified. the described work within the character and in the localities specified geographic area indicated as required by Volume I therein. an applicable Federal prevailing wage New York The determinations in these decisions NY990003 (Mar. 12, 1999) of prevailing rates and fringe benefits law and 29 CFR Part 5. The wage rates have been made in accordance with 29 and fringe benefits, notice of which is Volume II CFR Part 1, by authority of the Secretary published herein, and which are District of Columbia of Labor pursuant to the provisions of contained in the Government Printing DC990001 (Mar. 12, 1999) the Davis-Bacon Act of March 3, 1931, Office (GPO) document entitled DC990002 (Mar. 12, 1999) Pennsylvania as amended (46 Stat. 1494, as amended, ‘‘General Wage Determinations Issued Under The Davis-Bacon And Related PA990005 (Mar. 12, 1999) 40 U.S.C. 276a) and of other Federal PA990006 (Mar. 12, 1999) statutes as referred to in 29 CFR part 1, Acts,’’ shall be the minimum paid by PA990026 (Mar. 12, 1999) appendix, as well as such additional contractors and subcontractors to statutes as may from time to time be laborers and mechanics. Volume III enacted containing provisions for the Any person, organization, or Florida FL990017 (Mar. 12, 1999) payment of wages determined to be governmental agency having an interest prevailing by the Secretary of Labor in Georgia in the rates determined as prevailing is GA990004 (Mar. 12, 1999) accordance with the Davis-Bacon Act. encouraged to submit wage rate and GA990022 (Mar. 12, 1999) The prevailing rates and fringe benefits fringe benefit information for GA990050 (Mar. 12, 1999) determined in these decisions shall, in consideration by the Department. GA990073 (Mar. 12, 1999) accordance with the provisions of the Further information and self- GA990086 (Mar. 12, 1999) foregoing statutes, constitute the GA990087 (Mar. 12, 1999) explanatory forms for the purpose of minimum wages payable on Federal and GA990088 (Mar. 12, 1999) federally assisted construction projects submitting this data may be obtained by *South Carolina to laborers and mechanics of the writing to the U.S. Department of Labor, SC990019 (Mar. 12, 1999) specified classes engaged on contract Employment Standards Administration, *As of October 15, 1999, SC990019 no Wage and Hour Division, Division of longer includes Richland County. See work of the character and in the SC990037. localities described therein. Wage Determinations, 200 Constitution Good cause is hereby found for not Avenue, NW, Room S–3014, Volume IV utilizing notice and public comment Washington, DC 20210. Indiana

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.135 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55993

IN 990027 (Mar. 12, 1999) Determinations Issued Under The Davis- of May 12, 1999, these sessions will be Michigan Bacon and Related Acts.’’ This closed to the public pursuant to MI990001 (Mar. 12, 1999) publication is available at each of the 50 subsection (c)(4), (6) and (9)(B) of MI990002 (Mar. 12, 1999) Regional Government Depository section 552b of Title 5, United States MI990003 (Mar. 12, 1999) MI990004 (Mar. 12, 1999) Libraries and many of the 1,400 Code. MI990005 (Mar. 12, 1999) Government Depository Libraries across Further information with reference to MI990007 (Mar. 12, 1999) the country. this meeting can be obtained from Ms. MI990012 (Mar. 12, 1999) The general wage determinations Kathy Plowitz-Worden, Panel MI990017 (Mar. 12, 1999) issued under the Davis-Bacon and Coordinator, National Endowment for MI990030 (Mar. 12, 1999) related Acts are available electronically the Arts, Washington, D.C. 20506, or MI990031 (Mar. 12, 1999) by subscription to the FedWorld call (202) 682–5691. MI990046 (Mar. 12, 1999) Bulletin Board System of the National Dated: October 12, 1999. MI990047 (Mar. 12, 1999) Technical Information Service (NTIS) of MI990060 (Mar. 12, 1999) Kathy Plowitz-Worden, MI990062 (Mar. 12, 1999) the U.S. Department of Commerce at 1– Panel Coordinator, National Endowment for MI990063 (Mar. 12, 1999) 800–363–2068 the Arts. Hard-copy subscriptions may be [FR Doc. 99–27093 Filed 10–14–99; 8:45 am] Volume V purchased from: Superintendent of Iowa Documents, U.S. Government Printing BILLING CODE 7537±01±M IA990005 (Mar. 12, 1999) Office, Washington, D.C. 20402, (202) IA990006 (Mar. 12, 1999) 512–1800. IA990007 (Mar. 12, 1999) When ordering hard-copy NUCLEAR REGULATORY IA990010 (Mar. 12, 1999) subscription(s), be sure to specify the COMMISSION IA990013 (Mar. 12, 1999) IA990016 (Mar. 12, 1999) State(s) of interest, since subscriptions [Docket No. 50±247] IA990019 (Mar. 12, 1999) may be ordered for any or all of the IA990024 (Mar. 12, 1999) seven separate volumes, arranged by Consolidated Edison Company of New IA990025 (Mar. 12, 1999) State. Subscriptions include an annual York, Inc; Facility Operating License IA990029 (Mar. 12, 1999) edition (issued in January or February) No. DPR 26; Receipt of Petition for IA990032 (Mar. 12, 1999) which includes all current general wage Director's Decision Under 10 CFR IA990038 (Mar. 12, 1999) determinations for the States covered by 2.206 IA990067 (Mar. 12, 1999) each volume. Throughout the remainder IA990070 (Mar. 12, 1999) Notice is hereby given that by petition of the year, regular weekly updates are IA990072 (Mar. 12, 1999) dated September 15, 1999, Mr. David A. distributed to subscribers. IA990079 (Mar. 12, 1999) Lochbaum, on behalf of the Union of IA990080 (Mar. 12, 1999) Signed at Washington, D.C. this 7th day of Concerned Scientists (Petitioner), has Nebraska October 1999. requested that the U.S. Nuclear NE990003 (Mar. 12, 1999) Carl J. Poleskey, NE990009 (Mar. 12, 1999) Regulatory Commission (NRC) take NE990011 (Mar. 12, 1999) Chief, Branch of Construction Wage action with regard to the Indian Point Texas Determinations. Nuclear Generating Unit No. 2, owned TX990009 (Mar. 12, 1999) [FR Doc. 99–26769 Filed 10–14–99; 8:45 am] and operated by the Consolidated TX990018 (Mar. 12, 1999) BILLING CODE 4510±27±M Edison Company of New York, Inc. The TX990100 (Mar. 12, 1999) Petitioner requests that the NRC take TX990144 (Mar. 12, 1999) enforcement action to modify or Volume VI NATIONAL FOUNDATION ON THE suspend the operating license for the None ARTS AND THE HUMANITIES Indian Point Nuclear Generating Unit No. 2, operated by the Consolidated Volume VII National Endowment for the Arts Edison Company of New York, Inc. (the California licensee), to prevent the reactor from Leadership Initiatives Advisory Panel CA990002 (Mar. 12, 1999) resuming operation until the five issues CA990004 (Mar. 12, 1999) identified in the attachment to the CA990009 (Mar. 12, 1999) Pursuant to Section 10(a)(2) of the CA990029 (Mar. 12, 1999) Federal Advisory Committee Act (Public Petition have been fully resolved. As an CA990030 (Mar. 12, 1999) Law 92–463), as amended, notice is acceptable alternative in lieu of a CA990031 (Mar. 12, 1999) hereby given that a meeting of the suspension or modification of the CA990032 (Mar. 12, 1999) Leadership Initiatives Advisory Panel license, the Petitioner requested that the CA990033 (Mar. 12, 1999) (Literature Section) to the National NRC issue a confirmatory action letter CA990034 (Mar. 12, 1999) Council on the Arts will be held on or an order requiring these issues to be CA990035 (Mar. 12, 1999) October 25, 1999. The panel will meet fully resolved before unit restart. The CA990036 (Mar. 12, 1999) from 11:30 a.m. to 12:00 p.m. via five issues that were raised in the CA990037 (Mar. 12, 1999) Petition are (1) the apparent violation of CA990038 (Mar. 12, 1999) teleconference from room 704 at the CA990039 (Mar. 12, 1999) Nancy Hanks Center, 1100 Pennsylvania station battery design and licensing CA990040 (Mar. 12, 1999) Avenue, NW, Washington, D.C. 20506. bases, (2) the apparent failure to CA990041 (Mar. 12, 1999) This meeting is for the purpose of adequately correct circuit breaker Panel review, discussion, evaluation, problems, (3) the apparent unreliability General Wage Determination and recommendations on financial of emergency diesel generators, (4) the Publication assistance under the National potentially unjustified license General wage determinations issued Foundation on the Arts and the amendment for undervoltage and under the Davis-Bacon and related Acts, Humanities Act of 1965, as amended, degraded voltage relay surveillance including those noted above, may be including information given in intervals, and (5) the apparent errors found in the Government Printing Office confidence to the agency. In accordance and nonconservatisms in individual (GPO) document entitled ‘‘General Wage with the determination of the chairman plant examinations (IPEs). Along with

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 55994 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices the last issue, the Petitioner stated that A copy of the petition is available for reduce exposure time to plant workers the event on August 31, 1999, at Indian inspection at the Commission’s Public during loadings. Point Unit 2 revealed potential Document Room, the Gelman Building, Environmental Impacts of the Proposed problems with the plant-specific risk 2120 L Street NW., Washington, DC, and Action assessment developed by the licensee at the local public document room and now used to establish priorities for located at the White Plains Public The NRC has completed its evaluation maintenance and inspections. Library, 100 Martine Avenue, White of the proposed action and concludes Additionally, the Petitioner requested Plains, New York 10610. that granting the request for amendment to specifically allow the storage of that a public hearing on this Petition be Dated at Rockville, Maryland, this 8th day conducted in the vicinity of the plant of October 1999. BPRAs and TPDs within the TN–32 casks used at the North Anna ISFSI will before its restart is authorized by the For the Nuclear Regulatory Commission. not increase the probability or NRC. In a transcribed telephone Samuel J. Collins, conversation between the Petitioner and consequences of accidents. No changes Director, Office of Nuclear Reactor are being made in the types of any the members of the NRC’s Petition Regulation. Review Board on September 22, 1999, effluents that may be released off site. [FR Doc. 99–26942 Filed 10–14–99; 8:45 am] With regard to radiological impacts, the the Petitioner clarified two of the issues BILLING CODE 7590±01±P in the Petition. First, the Petitioner addition of irradiated BPRAs and TPDs stated that because of an apparent only affects the gamma source term of the cask. In the previous shielding failure to accomplish the commitment NUCLEAR REGULATORY analysis, the calculated cask surface in the NRC’s safety evaluation for the COMMISSION license amendment mentioned in the dose rate from the design basis contents Petition, the Petitioner was concerned [Docket 72±16] was increased by an expansion factor that past licensing commitments may before calculating the estimated offsite not have been implemented. Second, Virginia Electric and Power Company; dose to allow for future increases in fuel the Petitioner questioned whether the Issuance of Environmental burnup and enrichment and possible amount of time the licensee took to Assessment and Finding of No variations in cask design. For this perform certain actions during the Significant Impact Regarding the amendment, the Virginia Power’s August 31 event was consistent with the Proposed Amendment To Revise calculated increase in surface dose rate times expected if a station blackout Technical Specifications of License resulting from the added BPRAs and (SBO) had occurred since many of the No. SNM±2507 TPDs remains within the bounds of the previous analysis with the expansion procedures and processes in response to The U.S. Nuclear Regulatory an SBO event were used. factor and, consequently, results in no Commission (NRC or Commission) is significant increase in occupational or As the basis for this request, the considering issuance of an amendment, public radiation exposure. Therefore, Petitioner states that the issues, if valid, pursuant to 10 CFR 72.56, to the Special there are no significant radiological have clear and direct safety implications Nuclear Material License No. 2507 environmental impacts associated with because they involve equipment (SNM–2507) held by Virginia Electric the proposed action. explicitly required to function to and Power Company (Virginia Power) The amendment only affects the mitigate accidents. With regard to your for the North Anna independent spent requirements associated with the IPE issue, the Petitioner states that, if fuel storage installation (ISFSI). The contents of the casks and does not affect valid, it has indirect safety implications requested amendment would revise the non-radiological plant effluents or any because it involves information used by Technical Specifications of SNM–2507 other aspects of the environment. the plant’s owner to schedule to specifically permit the storage of Therefore, there are no significant non- maintenance and inspections on burnable poison rod assemblies (BPRA) radiological environmental impacts equipment implicitly required to and thimble plug devices (TPD) within associated with the proposed action. function to mitigate an accident. The the TN–32 casks used at the North Anna Accordingly, the Commission Petitioner also stated that the specific ISFSI. concludes that there are no significant problems revealed by the August 31 Environmental Assessment environmental impacts associated with event were caused by systematic process the proposed action. breakdowns, including inadequate Identification of Proposed Action Alternative to the Proposed Action procedures, inadequate training, and By letter dated April 5, 1999, as plant configuration errors, and that the supplemented by letter dated August 27, The alternative to the proposed action licensee’s plan does not contain 1999, Virginia Power requested an would be to deny the request for sufficient activities that provide amendment to revise the Technical amendment (i.e., the ‘‘no-action’’ reasonable assurance that problems in Specifications of SNM–2507 for the alternative). Denial of the proposed other safety systems are identified and North Anna ISFSI. The changes to the action would result in the need to corrected. Technical Specifications would physically remove BPRAs and TPDs The request is being treated pursuant specifically permit the storage of BPRAs from each fuel assembly possessing to 10 CFR 2.206 of the Commission’s and/or TPDs within the TN–32 dry them prior to the loading of that regulations. The request has been storage casks used at the North Anna assembly into dry cask storage. Physical referred to the Director of the Office of ISFSI. removal of irradiated BPRAs and TPDs Nuclear Reactor Regulation. As would increase the exposure time and provided by Section 2.206, appropriate Need for the Proposed Action dose to the plant workers. In addition, action will be taken on this Petition The proposed action will eliminate it would require disposal or storage of within a reasonable time. the need to physically remove BPRAs additional radioactive material (i.e., By letter dated October 8, 1999, the and TPDs from irradiated fuel BPRAs and TPDs) that would otherwise Director denied the Petitioner’s request assemblies prior to dry cask storage be safely stored if the BPRAs and TPDs for immediate action at Indian Point which would result in one consolidated are left intact with their irradiated fuel Unit 2. source of radioactive material and assembly and loaded into dry cask

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55995 storage. The environmental impacts of Nuclear Material License No. 2501 impacts associated with the proposed the alternative action are greater than (SNM–2501) held by Virginia Electric action. the proposed action. and Power Company (Virginia Power) The amendment only affects the Given that there are greater for the Surry independent spent fuel requirements associated with the environmental impacts associated with storage installation (ISFSI). The contents of the casks and does not affect the alternative action of denying the requested amendment would revise the non-radiological plant effluents or any request for amendment, the Commission Technical Specifications of SNM–2501 other aspects of the environment. concludes that the preferred alternative to specifically permit the storage of Therefore, there are no significant non- is to grant this amendment. burnable poison rod assemblies (BPRA) radiological environmental impacts Agencies and Persons Consulted and thimble plug devices (TPD) within associated with the proposed action. the TN–32 casks used at the Surry On September 27, 1999, Mr. Les Accordingly, the Commission ISFSI. Foldese of the Virginia Department of concludes that there are no significant Health, Bureau of Radiological Health, Environmental Assessment environmental impacts associated with the proposed action. was contacted in regard to the proposed Identification of Proposed Action action and had no concerns. Alternative to the Proposed Action Finding of No Significant Impact By letter dated April 5, 1999, as The alternative to the proposed action supplemented by letter dated August 27, The environmental impacts of the would be to deny the request for 1999, Virginia Power requested an amendment (i.e., the ‘‘no-action’’ proposed action have been reviewed in amendment to revise the Technical accordance with the requirements set alternative). Denial of the proposed Specifications of SNM–2501 for the action would result in the need to forth in 10 CFR part 51. Based upon the Surry ISFSI. The changes to the foregoing Environmental Assessment, physically remove BPRAs and TPDs Technical Specifications would from each fuel assembly possessing the Commission finds that the proposed specifically permit the storage of BPRAs action of granting an amendment to them prior to the loading of that and/or TPDs within the TN–32 dry assembly into dry cask storage. Physical permit the storage of BPRAs and TPDs storage casks used at the Surry ISFSI. within the TN–32 casks used at the removal of irradiated BPRAs and TPDs North Anna ISFSI will not significantly Need for the Proposed Action would increase the exposure time and impact the quality of the human dose to the plant workers. In addition, The proposed action will eliminate environment. Accordingly, the it would require disposal or storage of the need to physically remove BPRAs Commission has determined not to additional radioactive material (i.e., and TPDs from irradiated fuel prepare an environmental impact BPRAs and TPDs) that would otherwise assemblies prior to dry cask storage statement for the proposed amendment. be safely stored if the BPRAs and TPDs For further details with respect to this which would result in one consolidated are left intact with their irradiated fuel action, see the amendment application source of radioactive material and assembly and loaded into dry cask dated April 5, 1999, as supplemented on reduce the exposure time to plant storage. The environmental impacts of August 27, 1999. These documents are workers during loadings. the alternative action are greater than available for public inspection at the Environmental Impacts of the Proposed the proposed action. Commission’s Public Document Room, Action Given that there are greater 2120 L Street, NW, Washington, DC environmental impacts associated with 20555 and the Local Public Document The NRC has completed its evaluation the alternative action of denying the Room at the University of Virginia of the proposed action and concludes request for amendment, the Commission Alderman Library, Charlottesville, VA that granting the request for amendment concludes that the preferred alternative 22903. to specifically allow the storage of is to grant this amendment. BPRAs and TPDs within the TN–32 Dated at Rockville, Maryland, this 7th day Agencies and Persons Consulted of October 1999. casks used at the Surry ISFSI will not For The Nuclear Regulatory Commission. increase the probability or consequences On September 27, 1999, Mr. Les of accidents. No changes are being made E. William Brach, Foldese of the Virginia Department of in the types of any effluents that may be Health, Bureau of Radiological Health, Director, Spent Fuel Project Office, Office of released off site. With regard to Nuclear Material Safety and Safeguards. was contacted in regard to the proposed radiological impacts, the addition of action and had no concerns. [FR Doc. 99–26940 Filed 10–14–99; 8:45 am] irradiated BPRAs and TPDs only affects BILLING CODE 7590±01±P the gamma source term of the cask. In Finding of No Significant Impact the previous shielding analysis, the The environmental impacts of the NUCLEAR REGULATORY calculated cask surface dose rate from proposed action have been reviewed in COMMISSION the design basis contents was increased accordance with the requirements set by an expansion factor before forth in 10 CFR Part 51. Based upon the [Docket 72±2] calculating the estimated offsite dose to foregoing Environmental Assessment, allow for future increases in fuel burnup the Commission finds that the proposed Virginia Electric and Power Company; and enrichment and possible variations action of granting an amendment to Issuance of Environmental in cask design. For this amendment, the permit the storage of BPRAs and TPDs Assessment and Finding of No Virginia Power’s calculated increase in within the TN–32 casks used at the Significant Impact Regarding the surface dose rate resulting from the Surry ISFSI will not significantly impact Proposed Amendment To Revise added BPRAs and TPDs remains within the quality of the human environment. Technical Specifications of License the bounds of the previous analysis with Accordingly, the Commission has No. SNM±2501 the expansion factor and, consequently, determined not to prepare an The U.S. Nuclear Regulatory results in no significant increase in environmental impact statement for the Commission (NRC or Commission) is occupational or public radiation proposed amendment. considering issuance of an amendment, exposure. Therefore, there are no For further details with respect to this pursuant to 10 CFR 72.56, to the Special significant radiological environmental action, see the amendment application

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 55996 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices dated April 5, 1999, as supplemented on PROGRAM: This seminar describes past FOR FURTHER INFORMATION CONTACT: August 27, 1999. These documents are and current research results, as well as Harold J. Ashner, Assistant General available for public inspection at the products and tools that may be useful in Counsel, Office of the General Counsel, Commission’s Public Document Room, a wide range of applications. There will Pension Benefit Guaranty Corporation, 2120 L Street, NW, Washington, DC be four sessions covering the following 1200 K Street, NW., Washington, DC 20555 and the Local Public Document topics. 20005, 202–326–4024. (For TTY/TDD Room at the Swem Library, the College • Fuels and Materials Research. users, call the Federal relay service toll- of William and Mary, Williamsburg, VA • Human Factors Engineering and free at 1–800–877–8339 and ask to be 23185. Control Room Design. connected to 202–326–4024.) Dated at Rockville, Maryland, this 7th day • Virtual Reality Technology. SUPPLEMENTARY INFORMATION: of October 1999. • Instrumentation and Control Variable-Rate Premiums For the Nuclear Regulatory Commission. Systems and Tools. Section 4006(a)(3)(E)(iii)(II) of the E. William Brach, Dated in Rockville, Maryland this 7th day of October 1999. Employee Retirement Income Security Director, Spent Fuel Project Office, Office of Act of 1974 (ERISA) and § 4006.4(b)(1) Nuclear Material Safety and Safeguards. For the Nuclear Regulatory Commission. of the PBGC’s regulation on Premium [FR Doc. 99–26941 Filed 10–14–99; 8:45 am] Charles E. Rossi, Rates (29 CFR part 4006) prescribe use BILLING CODE 7590±01±U Director, Division of Systems Analysis and of an assumed interest rate in Regulatory Effectiveness. determining a single-employer plan’s [FR Doc. 99–26939 Filed 10–14–99; 8:45 am] variable-rate premium. The rate is the NUCLEAR REGULATORY BILLING CODE 7590±01±P COMMISSION ‘‘applicable percentage’’ (currently 85 percent) of the annual yield on 30-year Products and Results of Research at Treasury securities for the month the Organization for Economic PENSION BENEFIT GUARANTY preceding the beginning of the plan year Cooperation and Development (OECD) CORPORATION for which premiums are being paid (the Halden Reactor Project ‘‘premium payment year’’). The yield Interest Assumption for Determining figure is reported in Federal Reserve AGENCY: Nuclear Regulatory Variable-Rate Premium; Interest on Statistical Releases G.13 and H.15. Commission. Late Premium Payments; Interest on The assumed interest rate to be used ACTION: Notice of seminar. Underpayments and Overpayments of in determining variable-rate premiums Single-Employer Plan Termination for premium payment years beginning SUMMARY: The NRC has committed Liability and Multiemployer Withdrawal in October 1999 is 5.16 percent (i.e., 85 through its Strategic Plan to conduct Liability; Interest Assumptions for percent of the 6.07 percent yield figure confirmatory and anticipatory research Multiemployer Plan Valuations for September 1999). on issues of potential regulatory and Following Mass Withdrawal The following table lists the assumed safety significance, engage in interest rates to be used in determining cooperative, international research AGENCY: Pension Benefit Guaranty Corporation. variable-rate premiums for premium agreements, and provide timely payment years beginning between ACTION: Notice of interest rates and information to our stakeholders. As part November 1998 and October 1999. of this commitment, a seminar has been assumptions. planned to present on-going research SUMMARY: This notice informs the public The as- being conducted at the OECD Halden For premium payment years be- sumed in- of the interest rates and assumptions to Reactor Project in Norway. The goal of ginning in terest be used under certain Pension Benefit rate is this seminar is to inform our Guaranty Corporation regulations. These stakeholders of current research rates and assumptions are published November 1998 ...... 4.26 activities and to solicit their elsewhere (or are derivable from rates December 1998 ...... 4.46 perspectives and interest in the safety January 1999 ...... 4.30 published elsewhere), but are collected assessment of fuels, materials, and February 1999 ...... 4.39 and published in this notice for the nuclear power plant control room March 1999 ...... 4.56 convenience of the public. Interest rates design. April 1999 ...... 4.74 are also published on the PBGC’s web May 1999 ...... 4.72 DATE: November 1–2, 1999—The site (http://www.pbgc.gov). June 1999 ...... 4.94 seminar will begin at 12:30 p.m. on DATES: The interest rate for determining July 1999 ...... 5.13 November 1st and end at 5 p.m. on the variable-rate premium under part August 1999 ...... 5.08 November 2nd. 4006 applies to premium payment years September 1999 ...... 5.16 October 1999 ...... 5.16 LOCATION: Doubletree Hotel, Twinbrook, beginning in October 1999. The interest Rockville, MD 20852. assumptions for performing CONTACT: Registration—Michael Scott, multiemployer plan valuations Late Premium Payments; Phone: (301) 415–5698, e-mail: following mass withdrawal under part Underpayments and Overpayments of [email protected]; General—Julius 4281 apply to valuation dates occurring Single-Employer Plan Termination Persensky, Phone: (301) 415–6759, in November 1999. The interest rates for Liability e-mail: [email protected]. late premium payments under part 4007 Section 4007(b) of ERISA and ATTENDANCE: This seminar is free and and for underpayments and § 4007.7(a) of the PBGC’s regulation on open to the general public. All overpayments of single-employer plan Payment of Premiums (29 CFR part individuals planning to attend should termination liability under part 4062 4007) require the payment of interest on preregister with Mr. Michael Scott by and multiemployer withdrawal liability late premium payments at the rate telephone or e-mail and provide their under part 4219 apply to interest established under section 6601 of the name, affiliation, phone number, and accruing during the fourth quarter Internal Revenue Code. Similarly, e-mail address. (October through December) of 1999. § 4062.7 of the PBGC’s regulation on

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55997

Liability for Termination of Single- actions relating to such class of From Through Interest rate employer Plans (29 CFR part 4062) (percent) securities: (1) a dividend; (2) a stock requires that interest be charged or split; or (3) a rights or other subscription credited at the section 6601 rate on 10/1/95 ...... 3/31/96 8.75 offering. Notice shall be (1) given to the 4/1/96 ...... 6/30/97 8.25 underpayments and overpayments of National Association of Securities employer liability under section 4062 of 7/1/97 ...... 12/31/98 8.50 1/1/99 ...... 9/30/99 7.75 Dealers, Inc.; (2) in accordance with the ERISA. The section 6601 rate is 10/1/99 ...... 12/31/99 8.25 procedures of the national securities established periodically (currently exchange upon which the securities are quarterly) by the Internal Revenue Multiemployer Plan Valuations registered; or (3) may be waived by the Service. The rate applicable to the Following Mass Withdrawal Commission. fourth quarter (October through December) of 1999, as announced by the The PBGC’s regulation on Duties of The information required by Rule IRS, is 8 percent. Plan Sponsor Following Mass 10b–17 is necessary for the execution of The following table lists the late Withdrawal (29 CFR part 4281) the Commission’s mandate under the payment interest rates for premiums and prescribes the use of interest Exchange Act to prevent fraudulent, employer liability for the specified time assumptions under the PBGC’s manipulative, and deceptive acts and periods: regulation on Allocation of Assets in practices by broker-dealers. The Single-employer Plans (29 CFR part consequence of not requiring the From Through Interest rate 4044). The interest assumptions information collection pursuant to Rule (percent) applicable to valuation dates in 10b–17 is that sellers who have received 10/1/92 ...... 6/30/94 7 November 1999 under part 4044 are distributions as recordholders may 7/1/94 ...... 9/30/94 8 contained in an amendment to part 4044 dispose of the cash or stock dividends 10/1/94 ...... 3/31/95 9 published elsewhere in today’s Federal or other rights received as recordholders 4/1/95 ...... 6/30/95 10 Register. Tables showing the without knowledge of possible claims of 7/1/95 ...... 3/31/96 9 assumptions applicable to prior periods purchasers. 4/1/96 ...... 6/30/96 8 are codified in appendix B to 29 CFR Annually, there are approximately 7/1/96 ...... 3/31/98 9 part 4044. 4/1/98 ...... 12/31/98 8 29,430 respondents (based on 1/1/99 ...... 3/31/99 7 Issued in Washington, DC, on this 8th day information received from the NASD 4/1/99 ...... 12/31/99 8 of October 1999. that it received 15,586 responses in David M. Strauss, 1998 and the NYSE that it received Underpayments and Overpayments of Executive Director, Pension Benefit Guaranty 13,847 responses in 1998). It is Multiemployer Withdrawal Liability Corporation. estimated that each response takes about Section 4219.32(b) of the PBGC’s [FR Doc. 99–26959 Filed 10–14–99; 8:45 am] 10 minutes (or 0.1666 hours) to regulation on Notice, Collection, and BILLING CODE 7708±01±P complete, thus imposing approximately Redetermination of Withdrawal 4,905 burden hours annually (29,430 × Liability (29 CFR part 4219) specifies 0.1666). We believe that the average the rate at which a multiemployer plan SECURITIES AND EXCHANGE hourly cost to produce and file a is to charge or credit interest on COMMISSION response under the rule is about $50. underpayments and overpayments of Therefore, the annual reporting cost withdrawal liability under section 4219 Submission for OMB Review; burden for complying with this rule is of ERISA unless an applicable plan Comment Request about $245,250 (4,905 × $50). provision provides otherwise. For Upon Written Request, Copies Available An agency may not conduct or interest accruing during any calendar From: Securities and Exchange sponsor, and a person is not required to quarter, the specified rate is the average Commission, Office of Filings and respond to, a collection of information quoted prime rate on short-term Information Services, Washington, DC unless it displays a currently valid commercial loans for the fifteenth day 20549 (or the next business day if the fifteenth control number. Written comments day is not a business day) of the month Extension: regarding the above information should preceding the beginning of the quarter, Rule 10b–17 SEC File No. 270–427 OMB be directed to the following persons: (i) Control No. 3235–0476 as reported by the Board of Governors Desk Officer for the Securities and of the Federal Reserve System in Notice is hereby given that pursuant Exchange Commission, Office of Statistical Release H.15 (‘‘Selected to the Paperwork Reduction Act of 1995 Information and Regulatory Affairs, Interest Rates’’). The rate for the fourth (44 U.S.C. 3501 et seq.) the Securities Office of Management and Budget, quarter (October through December) of and Exchange Commission Room 10102, New Executive Office 1999 (i.e., the rate reported for (‘‘Commission’’) has submitted to the Building, Washington, D.C. 20503; and September 15, 1999) is 8.25 percent. Office of Management and Budget a (ii) Michael E. Bartell, Associate The following table lists the request for extension of the previously Executive Director, Office of withdrawal liability underpayment and approved collection of information Information Technology, Securities and overpayment interest rates for the discussed below. Exchange Commission, 450 Fifth Street, specified time periods: Rule 10b–17, Untimely NW., Washington DC 20549. Comments announcements of record dates (17 CFR must be submitted to OMB within 30 Interest rate 240.10b–17). days of this notice. From Through (percent) Rule 10b–17 requires any issuer of a Dated: October 7, 1999. class of securities publicly traded by the 10/1/92 ...... 6/30/94 6.00 Margaret H. McFarland, 7/1/94 ...... 9/30/94 7.25 use of any means or instrumentality or Deputy Secretary. 10/1/94 ...... 12/31/94 7.75 interstate commerce or of the mails or 1/1/95 ...... 3/31/95 8.50 of any facility of any national securities [FR Doc. 99–26889 Filed 10–14–99; 8:45 am] 4/1/95 ...... 9/30/95 9.00 exchange to give notice of the following BILLING CODE 8010±01±M

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 55998 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

SECURITIES AND EXCHANGE The Commission will consider SECURITIES AND EXCHANGE COMMISSION adopting amendments to the COMMISSION registration, proxy and tender offer rules Sunshine Act Meeting [Release No. 34±41985; File No. SR±Amex± relating to business combination 99±36] transactions and security holder FEDERAL REGISTER CITATION OF PREVIOUS communications. If adopted, the ANNOUNCEMENT: [64 FR 55323, October Self-Regulatory Organizations; Notice amendments will permit increased 12, 1999]. of Filing of Proposed Change by the communications with security holders, American Stock Exchange LLC STATUS: Closed Meeting. balance the treatment of cash and stock Relating to Solicitation of Options PLACE: 450 Fifth Street, NW., tender offers, and update, simplify and Transactions Washington, DC. harmonize the rules and regulations DATE PREVIOUSLY ANNOUNCED: October governing business combination October 7, 1999. 12, 1999. transactions. For further information, Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 CHANGE IN THE MEETING: Cancellation. please contact Dennis O. Garris or James J. Moloney in the Office of Mergers and (‘‘Act’’),1 notice is hereby given that on The closed meeting scheduled for September 2, 1999, the American Stock Tuesday, October 13, 1999, following Acquisitions in the Division of Corporation Finance at (202) 942–2920. Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) the open meeting, has been cancelled. filed with the Securities and Exchange At times, changes in Commission The Commission will consider Commission (‘‘SEC’’ or ‘‘Commission’’) priorities require alterations in the adopting amendments to the tender the proposed rule change as described scheduling of meeting items. For further offer and registration rules relating to in Items I, II, and III below, which Items information and to ascertain what, if cross-border transactions. U.S. residents have been prepared by the Amex.2 The any, matters have been added, deleted holding stock in foreign issuers are often Commission is publishing this notice to or postponed, please contract: The excluded from tender offers and rights solicit comments on the proposed rule Office of the Secretary at (202) 942– offers for the foreign issuers’ securities change firm interested persons. 7070. because of conflicts between U.S. and I. Self-Regulatory Organization’s Dated: October 12, 1999. foreign regulation of these offers. Many Statement of the Terms of Substance of Jonathan G. Katz, foreign companies have been unwilling to comply with U.S. securities law the Proposed Rule Change Secretary. requirements that they view as The Amex proposes to amend Amex [FR Doc. 99–27075 Filed 10–13–99; 8:45 am] burdensome and are hesitant to subject Rule 950(d), Commentary .02 to provide BILLING CODE 8010±01±M themselves to increased litigation risk. that a member firm seeking to facilitate As a result, U.S. shareholders of foreign its own public customer’s order or 400 SECURITIES AND EXCHANGE issuers are unable to benefit from any contracts or more will be permitted to COMMISSION premium offered in a tender offer or participate in the firm’s proprietary business combination or are unable to account as the contra-side of that order Sunshine Act Meeting purchase additional securities at a to the extent of at least 25% of the order, discount in a rights offering. These provided that no public customer order Notice is hereby given, pursuant to amendments are intended to facilitate has priority over the facilitation order. the provisions of the Government in the the inclusion of U.S. holders of foreign If a public customer order on the Sunshine Act, Pub. L. 94–409, that the securities in tender and exchange offers, specialist’s book or represented in the Securities and Exchange Commission business combinations and rights trading crowd has priority over the will hold the following meetings during offerings. For further information, facilitation order, the member firm may the week of October 18, 1999. please contact David Sirignano at (202) participate to the extent of at least 25% An open meeting will be held on 942–2870, or Dennis O. Garris or Laura of only those contracts remaining after Tuesday, October 19, 1999, at 10:00 a.m. B. Baldian in the Division of the public customer’s order has been A closed meeting will be held on Corporation Finance at (202) 942–2920. filled. In addition, the Amex proposes to Tuesday, October 19, 1999, following The subject matter of the closed adopt Commentary .04 to Amex Rule the 10:00 a.m. open meeting. meeting scheduled for Tuesday, October 950(d), which will require members to Commissioners, Counsel to the 19, 1999, following the 10:00 a.m. open share information about solicited, Commissioners, the Secretary to the meeting, will be: facilitated, and crossed orders with the Commission, and recording secretaries trading crowd. will attend the closed meeting. Certain Institution of injunctive actions. II. Self-Regulatory Organization’s staff members who have an interest in Institution and settlement of Statement of the Purpose of, and the matters may also be present. administrative proceedings of an Statutory Basis for, the Proposed Rule The General Counsel of the enforcement nature. Change Commission, or his designee, has At times, changes in Commission certified that, in his opinion, one or In its filing with the Commission, the priorities require alternations in the Amex included statements concerning more of the exemptions set forth in 5 scheduling of meeting items. For further U.S.C. 552b(c)(4), (8), (9)(A) and (10) the purpose of and basis for the information and to ascertain what, if proposed rule change and discussed any and 17 CFR 200.402(a)(4), (8), (9)(i) and any, matters have been added, deleted (10), permit consideration of the comments it received on the proposed or postponed, please contact: The Office rule change. The text of these statements scheduled matters at the closed meeting. of the Secretary at (202) 942–7070. Commissioner Hunt, as duty officer, may be examined at the places specified voted to consider the items listed for the Dated: October 12, 1999. closed meeting in a closed session. Jonathan G. Katz, 1 15 U.S.C. 78s(b)(1). Secretary. 2 The proposal replaces an earlier proposal (File The subject matters of the open No. SR–Amex–98–19), which the Amex has meeting scheduled for Tuesday, October [FR Doc. 99–27155 Filed 10–13–99; 3:48 pm] withdrawn. See Securities Exchange Act Release 18, 1999, at 10:00 a.m. will be: BILLING CODE 8010±01±M No. 41864 (September 10, 1999).

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.250 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 55999 in Item IV below. The Amex has public customer order to be eligible for and conditions, including orders prepared summaries, set forth in the proposed participation guarantee. involving both stock and options. The Sections A, B, and C below, of the most Under the proposed rule, public facilitation rule provides procedures significant aspects of such statements. customer orders on the specialist’s book that allow the customer’s order to be or represented in the crowd will have completely executed and prohibits the A. Self-Regulatory Organization’s priority over the member firm’s Statement of the Purpose of, and trading floor from supplanting the guaranteed participation; therefore, a customer. Statutory Basis for, the Proposed Rule member firm’s minimum participation Change will be 25% of the number of contracts Because the facilitation and solicitation rules are designed to (a) Purpose remaining after public customer orders with priority have been filled. For promote the interaction of orders in an The Amex proposes to amend example, if there is a public customer open-outcry auction, both rules require Exchange Rule 950 to provide 25% order to buy 250 contracts on the disclosure of information to the trading participation right to member firms specialist’s book or represented in the crowd to provide the crowd with an facilitating customer transactions of 400 trading crowd, the member firm opportunity to participate in the 3 or more equity option contracts. Amex facilitating its customer order to sell transaction with the facilitating member Rule 950(d), Commentary .02 provides 1,000 contracts will have a guaranteed of the solicited party. These rules 4 for the execution of facilitation orders. 25% participation only on the impose order exposure requirements on A member that engages in facilitation remaining 750 contracts. In addition, if floor brokers seeking to cross buy orders cross on behalf of its public customer the trading crowd betters the bid or and sell orders and seek to reconcile must comply with the procedures set offer, the member firm will be given a these practices with the rules and 5 forth in Commentary .02. Other market reasonable opportunity to determine practices of the auction market. The participants may compete only with the whether the member firm wishes to Amex believes that providing trading member firm order by accepting the bid participate and receive the minimum crowds with an opportunity to or offer made on behalf of the public 25% of the trade at the crowd’s bettered participate in transaction from which customer. Because other market market. they had been excluded results in more participants may not compete with the The Exchange believes that providing competitive markets and executions for public customer side of the order, use of a guaranteed 25% participation (subject customers at the best available prices. In its facilitation rule assures that the to the limits described above) to furtherance of the effort, the Exchange public customer’s order is executed member firms seeking to facilitate their seeks to codify and expand its policy completely. own public customer orders will According to the Amex, member firms prohibiting either a member or a person provide an incentive for member firms associated with a member from using believe that when a member seeks to to bring large option orders to the floor non-public information for the facilitate a large public customer of the Amex rather than to the floor of member’s or associated person’s benefit options order with an order for the another options exchange or to the over- by trading in the underlying stock or in firm’s proprietary account, the firm the-counter market. The Amex notes should be able to participate to some that the Chicago Board Options related instruments. Use of such non- extent with its customer’s order. Exchange (‘‘CBOE’’) has filed a similar public information by the member or Therefore, the Amex proposes to amend proposal with the Commission,7 and associated person (regardless of whether Amex Rule 950(d), Commentary .02 to that other actual and potential options that party ultimately completes the provide that a member firm whose market competitors also have options transaction) is generally proprietary account is facilitating its announced plans to provide similar considered conduct inconsistent with own customer’s options order of 400 participation guarantees to member just and equitable principles of trade. contracts or more may participate as firms.8 Thus, the Amex believes that the Thus, the Amex proposes to adopt contra-party to the extent of at least 25% proposed rule change is necessary for it Amex Rule 950(d), Commentary .04, of the trade.6 The member firm must to remain competitive. which states that it may be inconsistent follow the procedures set forth in The Exchange also proposes to adopt with just and equitable principles of Commentary .02 for the facilitation of a Amex Rule 950(d), Commentary .04 to trade for any member or person prohibit the use of non-public associated with a member, who has 3 For a multi-part or spread order, at least one leg information received during the knowledge of all material terms and of the order must be for 400 contracts or more. facilitation and solicitation processes. condition of (1) an originating order and 4 Facilitation orders are orders in which a The Amex notes that members generally a solicited order, (2) an order being member or member organization executes a crossing solicit participation in large size orders transaction with an order for a public customer. See facilitated, or (3) orders being crossed, also Amex Floor Members Circular #89–614 and/or orders with more complex terms the execution of which are imminent, to (facilitation occurs when a member representing an enter, based on such knowledge, an order in options agrees to take the contra-side of the 7 See Securities Exchange Act Release No. 41609 transaction or has another customer order which he (July 8, 1999), 64 FR 38494 (July 16, 1999) File No. order to buy or sell an option of the can use to fill the terms of the order.) SR–CBOE–99–11) (notice of filing of proposed rule same class as any option that is the 5 Commentary .02 permits a member to cross an change). Under the CBOE’s proposal, a floor broker subject of the order, or any order to buy order for a public customer of a member and a seeking to execute an equity option order for 500 or sell the security underlying such facilitation order if the member discloses all of the contracts or more (the ‘‘original order’’) will have terms of the public customer order, requests bids priority to cross a specified percentage of the class, or an order to buy or sell any and offers, identifies the order as being subject to original order against other customer orders from related instrument until either (1) all the facilitation, and bids/offers above/below the highest the firm that generated the original order of the firm terms of the order and any changes in bid/lowest offer. that generated the original order. the terms or condition of the order of 6 Amex Rule 904G(e)(iii) provides a similar 8 The International Securities Exchange (‘‘ISE’’) participation right to member firms executing FLEX has applied for registration as a national securities which the member or associated person trades. Specifically, Amex Rule 904G(e)(iii) permits exchange under Section 6 of the Act. See Securities has knowledge are disclosed to the a Submitting Member to execute 25% of the contra- Exchange Act Release No. 41439 (May 24, 1999), 64 trading crowd, or (2) the trade can no side of the trade where the member has indicated FR 29867 (June 1, 1999). Proposed ISE Rule 716 longer reasonably be considered an intention to cross or act as principal on the trade provides a guaranteed participation for a facilitating and has matched or improved the best bid or offer. Electronic Access Member. imminent in view of the passage of time

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.094 pfrm02 PsN: 15OCN1 56000 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices since the order was received.9 The rule change, or institute proceedings to with the Securities and Exchange purpose of this policy is to prevent determine whether the proposed rule Commission (‘‘SEC’’ or ‘‘Commission’’) members and associated persons from change should be disapproved. a proposed rule change as described in using undisclosed information about Items I, II, and III below, which Items IV. Solicitation of Comments imminent solicited option transactions have been prepared by Nasdaq. Nasdaq to trade the relevant option or any Interested persons are invited to has designated this proposal as one closely related instrument in advance of submit written data, views, and constituting a stated policy, practice, or persons represented in the trading arguments concerning the foregoing, interpretation with respect to the crowd. Without this prohibition, such including whether the proposed rule meaning, administration, or trading can threaten the integrity of the change is consistent with the Act. enforcement of an existing rule under auction market or disadvantage other Persons making written submissions Section 19(b)(3)(A) of the Act, which market participants. Given the similarity should file six copies thereof with the renders the rule effective upon the between the facilitation and solicitation Secretary, Securities and Exchange Commission’s receipt of this filing. On rules, the Amex believes that applying Commission, 450 Fifth Street, NW, September 28, 1999, Nasdaq submitted the same prohibitions concerning the Washington, DC 20549. Copies of the Amendment No. 1 to the proposed rule use of non-public information to the submission, all subsequent change.3 The Commission is publishing facilitation rule is necessary and amendments, all written statements this notice to solicit comments on the appropriate to prevent similar misuse of with respect to the proposed rule proposed rule change from interested such information. change that are filed with the persons. Commission, and all written (b) Statutory Basis communications relating to the I. Self-Regulatory Organization’s proposed rule change between the Statement of the Terms of Substance of The Amex believes that the proposed the Proposed Rule Change rule change is consistent with Section Commission and any person, other than 6(b) of the Act, in general, and further those that may be withheld from the Nasdaq is proposing to amend the objectives of Section 6(b)(5) of the public in accordance with the Interpretive Material 2110–2 (‘‘Manning Act, in particular, in that it is designed provisions of 5 U.S.C. 552, will be Rule’’) of the NASD to provide an to prevent fraudulent and manipulative available for inspection and copying in exclusion from the Manning Rule for acts and practices, to promote just and the Commission’s Public Reference limit orders that are marketable upon equitable principles of trade, to remove Room. Copies of such filing will also be time of receipt. Below is the text of the impediments to and perfect the available for inspection and copying at proposed rule change. Proposed new mechanism of a free and open market the principal office of the Amex. All language is in italics; proposed and a national market system, and, in submissions should refer to File No. deletions are in brackets. general, to protect investors and the SR–Amex–99–36 and should be IM–2110–2. Trading Ahead of Customer public interest. submitted by November 5, 1999. Limit Order For the Commission, by the Division of B. Self-Regulatory Organization’s Market Regulation, pursuant to delegated (a) General Application Statement on Burden on Competition authority.10 There are no changes to the existing The Amex believes that the proposed Margaret H. McFarland, language. rule change will impose no burden on Deputy Secretary. (b) Exclusion for Limit Orders that are competition. [FR Doc. 99–26890 Filed 10–14–99; 8:45 am] Marketable At Time of Receipt BILLING CODE 8010±01±M C. Self-Regulatory Organization’s The Association has previously Statement on Comments on the recognized the functional equivalency of Proposed Rule Change Received from SECURITIES AND EXCHANGE marketable limit orders and market Members, Participants, or Others COMMISSION orders. Accordingly, it has adopted the No written comments were solicited following interpretation. IM–2110–2 or received with respect to the proposed [Release No. 34±41990; File No. SR±NASD± shall not apply to a customer limit order 99±44] rule change. if the limit order is marketable at the time it is received by a market maker. III. Date of Effectiveness of the Self-Regulatory Organizations; Notice of Filing and Immediate Effectiveness These orders shall be treated as market Proposed Rule Change and Timing for orders for purposes of determining Commission Action of Proposed Rule Change by the National Association of Securities execution priority, however, these orders Within 35 days of the date of Dealers, Inc. Regarding Marketable must continue to be executed at their publication of this notice in the Federal Limit Orders limit price or better. Register or within such longer period (i) The exclusion for marketable as the Commission may designate up to October 7, 1999. customer limit orders from the general 90 days of such data if it finds such Pursuant to Section 19(b)(1) of the application of IM–2110–2 is limited longer period to be appropriate and Securities Exchange Act of 1934 solely to customer limit orders that are publishes its reasons for so finding or (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 marketable when received by a market (ii) as to which the self-regulatory notice is hereby given that on maker. If a customer limit order is not organization consents, the Commission September 10, 1999, the National marketable when received by a market will by order approve such proposed Association of Securities Dealers, Inc. maker, the limit order must be accorded (‘‘NASDA’’ or ‘‘Association’’), through the full protections of IM–2110–2. In 9 For purposes of Commentary .04, an order to its wholly owned subsidiary Nasdaq buy or sell a ‘‘related instrument,’’ means, in Stock Market, Inc. (‘‘Nasdaq ’’) filed 3 In Amendment No. 1, Nasdaq made a technical reference to an index option, an order to buy or sell change to the proposed rule language. See letter to securities comprising 10% or more of the Richard Strasser, Assistant Director, Commission, component securities in the index or an order to 10 17 CFR 200.30–3(a)(12). from Robert E. Aber, Senior Vice President and buy or sell a futures contract on an economically 1 15 U.S.C. 78s(b)(1). General Counsel, Nasdaq, dated September 24, equivalent index. 2 17 CFR 240.19b–4. 1999.

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56001 addition, if the limit order was ahead of customer limit orders, should order. MMA, however, did fill the five marketable when received and then be applicable in the following situation. market orders to sell (i.e., MMA bought becomes non-marketable, once the limit A market maker receives a market order shares). To avoid a Manning Rule order becomes non-marketable it must to buy or sell a security and thereafter violation, MMA would have to execute be accorded the full protections of IM– receives a marektable 4 customer limit the marketable customer limit order 2110–2. order on the same side of the market. before the market orders, even though The following scenario illustrates the The question is whether the marketable the market orders have time priority. If application of the exclusion The market customer limit order must be given this is done, MMA would not violate the in XYZ stock is 25 bid—251⁄16 ask, the preference over the first in time market Manning Rule because, even though it volume of trading in XYZ stock is order because of the Manning Rule. sold at the limit order price to another extremely active, and Market Maker A Nasdaq believes the answer properly market maker, MMA would have filled (‘‘MMA’’) has a queue of market orders should be no. the limit order at the limit order price. to buy and sell. Assume the following An example of a particular order Nasdaq believes, however, that giving order receipt scenario. Each sell market receipt and execution scenario is the marketable customer limit order order in the queue is for 1,000 shares helpful in understanding the issue, execution priority in order to avoid a and there are not special conditions which arises when there are multiple Manning Rule violation creates an attached to the orders. MMA then orders in a market maker’s order queue. inequitable result. In the scenario Assume that the market in XYZ stock receives a customer limit to sell 1,000 described, the marketable customer is 25 bid—251⁄16 ask, the volume of shares at 25. The customer limit order limit order would jump ahead of the trading in XYZ stock is extremely is marketable at the time it is received five market orders that were in the active, and Market Maker A (‘‘MMA’’) by MMA. MMA hits another market execution queue before the limit order has a queue of market orders to buy and maker’s bid at 25 for 1,000 shares. was placed, and as discussed below, Normally, IM–2110–2 would require that sell. Assume the following order receipt Nasdaq believes marketable limit orders the customer limit order be executed scenario. Each sell order in the queue is and market orders should be treated the before the market orders in the queue. for 1,000 shares and there are no special same in such a situation. However, because the marketable limit conditions attached to the order. MMA order and the market orders should be then receives a customer limit order to Proposed Interpretation treated as functionally equivalent in sell 1,000 shares at 25. The customer determining execution priority, the limit order is marketable at the time it Nasdaq does not believe that market marketable customer limit order shall is received by MMA. MMA hits several orders in the form of marketable limit not be given execution priority over the other market makers’ bids at 25 and is order should be afforded preferential market orders that were already in the filled for a total of 5,000 shares (i.e., status by virtue of the Manning Rule. queue. When the limit order is executed, MMA has sold 5,000 shares at 25). This is consistent with positions taken however, it must be executed at the limit MMA then executives the first five in the past by the Commission and price or better. market orders in its queue based upon Nasdaq. The Commission recognized In addition, if in the scenario just time priority (i.e., MMA buys 1,000 the proposition that marketable limit described the limit order does not get shares from each of the first five market orders and market orders are equivalent executed and the inside market in XYZ orders it received), but does not execute when it approved Nasdaq’s proposed becomes 247⁄16 bid, the market maker the customer limit order. In hitting the changes to the Small Order Execution would have to protect the limit order as other market makers’ bids at 25, MMA System (‘‘SOES’’).5 These changes were required by IM–2110–2 if the market has traded at a price that is equal to the necessary to implement the SEC’s Order maker trades at the limit order price or limit order price. Handling Rules. Prior to the changes, better. Manning Rule SOES executed marketable limit orders ahead of market orders in the SOES II. Self-Regulatory Organization’s The Manning Rule requires members Statement of the Purpose of, and queue. To eliminate the disparate acting as market makers to handle their treatment of substantially identical Statutory Basis for, the Proposed Rule customer limit orders with all due care Change orders, Nasdaq proposed to redesign so that market makers do not ‘‘trade SOES so that market orders and ahead’’ of those limit orders. Thus, In its filing with the Commission, marketable limit orders would be members acting as market makers that Nasdaq included statements concerning executed on a time priority basis. In the handle customer limit orders, whether the purpose of and basis for the order approving the changes, the received from their own customers or proposed rule change and discussed any Commission stated that the amendment from another member, are prohibited comments it received on the proposed would eliminate an unwarranted rule change. The text of these statements from trading at prices equal or superior advantage that customers that place may be examined at the places specified to that of the limit order without marketable limit orders have over in Item IV below. Nasdaq has prepared executing the limit order. customers that place market orders.6 summaries, set forth in sections A, B, If the Manning Rule is applicable in The Commission also stated that the and C below, of the most significant the scenario described, MMA would be changes reflect the functional aspects of such statements. in violation of Manning because it sold shares at 25, which is the limit order equivalency of these two types of A. Self-Regulatory Organization’s price, and did not execute the limit orders.7 Statement of the Purpose of, and In addition, Nasdaq also articulated Statutory Basis for, the Proposed Rule 4 A marketable sell limit order is a limit order to this position in NASD Notice to Change sell a security at a price that is equal to or less than the inside bid, whereas, a marketable buy limit 1. Purpose order is a limit order to buy a security at a price 5 Securities Exchange Act Release No. 38156 that is equal to or greater than the inside ask. For (January 10, 1997), 62 FR 2415 (January 16, 1997) Nasdaq has received several inquiries example, a limit order to sell at 25 when the inside (Order approving SR–NASD–96–43). from members about whether the bid is 25 or a limit order to buy at 30 when the 6 Id. Manning Rule, which governs trading inside ask is at 30. 7 Id.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.097 pfrm02 PsN: 15OCN1 56002 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Members 97–57.8 In that Notice of designed to prevent fraudulent and Persons making written submissions Members, Nasdaq presented several manipulative acts and practices, to should file six copies thereof with the examples of customer order scenarios promote just and equitable principles of Secretary, Securities and Exchange and addressed members’ responsibilities trade, and to protect investors and the Commission, 450 Fifth Street, NW, under the Manning Rule, best execution public interest by preventing orders, Washington, DC 20549–0609. Copies of principles, and the SEC Order Handling which in reality are market orders, from the submission, all subsequent Rules 9 in executing customers’ orders. receiving execution priority by being amendments, all written statements In analyzing a scenario in which one nominally designated as limit orders. with respect to the proposed rule customer limit order could cross The proposal would eliminate an change that are filed with the another customer limit order, Nasdaq unwarranted advantage that customers Commission, and all written stated marketable limit orders are the that place marketable limit orders have communications relating to the equivalent of market orders and should over those customers that place market proposed rule change between the be treated as such under best execution orders. Commission and any person, other than principles, which, in the example B. Self-Regulatory Organization’s those that may be withheld from the described above, dictate that the order Statement on Burden on Competition public in accordance with the that is received first should be executed provisions of 5 U.S.C. 552, will be first. Nasdaq does not believe that the available for inspection and copying in Accordingly, Nasdaq believes the proposed rule change will result in any the Commission’s Public Reference Manning Rule, which is designed to burden on competition that is not Room. Copies of such filing will also be protect consumer limit orders, should necessary or appropriate in furtherance available for inspection and copying at not be applicable to marketable of the purposes of the Act, as amended. the principal office of the NASD. All customer limit orders because such C. Self-Regulatory Organization’s submissions should refer to File No. orders are functionally equivalent to Statement on Comments on the SR–NASD–99–44 and should be market orders and should be treated as Proposed Rule Change Received From submitted by November 5, 1999. such. To find otherwise would enable Members, Participants, or Others orders, which in reality are market For the Commission, by the Division of orders, to be nominally designated as No written comments were solicited Market Regulation, pursuant to delegated authority.15 limit orders and essentially jump the or received with respect to the proposed queue of market orders for execution. In rule change. Margaret H. McFarland, Deputy Secretary. fact, in applying the exclusion, Nasdaq II. Date of Effectiveness of the Proposed would consider it a violation of a market Rule Change and Timing for [FR Doc. 99–26891 Filed 10–14–99; 8:45 am] maker’s best execution obligation if the Commission Action BILLING CODE 8010±01±M market maker executes the marketable customer limit order before market The foregoing rule change has become effective upon filing pursuant to Section SECURITIES AND EXCHANGE orders that are in the queue. 12 The proposed interpretation is limited 19(b)(3)(A) of the Act and COMMISSION 13 to customer limit orders that are already subparagraph (f) of Rule 19b–4 marketable when received by market thereunder in that it constitutes a stated [Release No. 34±41988; File No. SR±NASD± makers. If the limit order becomes policy, practice, or interpretation with 99±58] marketable while in possession of the respect to the meaning, administration, market maker, the limit order would be or enforcement of an existing rule. Self-Regulatory Organizations; Notice protected under the Manning Rule. Specifically, the proposal is an of Filing and Order Granting Finally, nothing in the interpretation interpretation that harmonizes IM– Accelerated Approval of Proposed alters a market maker’s obligation to 2110–2 with the Commission’s and the Rule Change by the National execute the customer limit order at the Association’s published positions Association of Securities Dealers, Inc., limit price or better or to display the regarding the proper handling of To Extend the Nasdaq International order as required by Rule 11Ac1–4 marketable customer limit orders. Service Pilot Program under the Act.10 At any time within 60 days of the filing of a rule change pursuant to October 7, 1999. 2. Statutory Basis Section 19(b)(3)(A) of the Act, the Pursuant to Section 19(b)(1) of the Nasdaq believes that the proposed Commission may summarily abrogate Securities Exchange Act of 1934 rule change is consistent with the the rule change if it appears to the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 provisions of Section 15A(b)(6) 11 of the Commission that such action is notice is hereby given that on October Act in that the proposed rule change is necessary or appropriate in the public 6, 1999, the National Association of interest, for the protection of investors, Securities Dealers, Inc. (‘‘NASD’’ or 8 See Answer to Question Number 6 in NASD or otherwise in furtherance of the ‘‘Association’’) filed with the Securities Notice to Members 97–57 (Interpretations of SEC purposes of the Act. Order Handling Rules, NASD Limit Order and Exchange Commission (‘‘SEC’’ or Protection Rules, And Members Best Execution III. Solicitation of Comments ‘‘Commission’’) the proposed rule Responsibilities). change as described in Items I and II Interested persons are invited to 9 See Securities Exchange Act Rule 11Ac1–1, 17 below, which Items have been prepared submit written data, views, and CFR 240.11Ac1+1 and Securities Exchange Act by the Nasdaq Stock Market, Inc. Rule 11Ac1–4, 17 CFR 250.11Ac1–4. arguments concerning the foregoing, (‘‘Nasdaq’’). The Commission is 10 Subject to certain exceptions, Rule 11Ac1– including whether the proposed rule publishing this notice to solicit 4(b)(2) requires a market maker to display the full change is consistent with the Act.14 price and size of customer limit orders that: (i) comments on the proposed rule change would improve the market maker’s bid or offer; or from interested persons and to grant (ii) are equal to the market maker’s bid or offer, the 12 15 U.S.C. 78s(b)(3)(A). national best bid or offer and represent more than 13 17 CFR 240.19b–4(f). a de minimis change in the market maker’s quoted 14 In reviewing this proposal, the Commission has 15 17 CFR 200.30–3(a)(12). size. 17 CFR 240.11Ac1–4(b)(2). considered its impact on efficiency, competition, 1 15 U.S.C. 78s(b)(1). 11 15 U.S.C. 78o–3(b)(6). and capital formation. 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.098 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56003 accelerated approval to the proposed The Service supports an early trading domestic session of Nasdaq, the Service rule change. session running from 3:30 a.m. to 9:00 has provided for the early detection of a.m. Eastern Time on Each U.S. business systems or communications problems I. Self-Regulatory Organization’s day (‘‘European Session’’) that overlaps when Nasdaq implements these systems Statement of the Terms of Substance of the business hours of the London changes. the Proposed Rule Change financial markets. Participation in the 2. Statutory Basis The NASD proposes to extend for one Service is voluntary and is open to any year: (1) The term of the Nasdaq authorized NASD member firm or its The NASD believes the proposed rule International Service (‘‘Service’’) pilot approved broker-dealer affiliate in the change is consistent with Sections program and (2) the effectiveness of U.K. A member participates as a Service 11A(a)(1)(B) 7 and (C) 8 and 15A(b)(6) 9 certain rules (‘‘International Rules’’) that market maker either by staffing its of the Act. Subsections (B) and (C) of 10 are unique to the Service. The proposed trading facilities in the U.S. or the Section 11A(a)(1) set forth the rule change does not entail any facilities of its approved affiliate during Congressional goals of achieving more modification of the International rules. the European Session. The Service also efficient and effective market The present authorization for the has a variable opening feature that operations, broader availability of Service and the International Rules permits Service market makers to elect information with respect to quotations expires on October 9, 1999. With this to participate starting from 3:30 a.m., for securities, and the execution of filing, the pilot program for the Service 5:30 a.m. or 7:30 a.m. Eastern Time. The investor orders in the best market and the International Rules would be election is required to be made on a through the use of advanced data extended until October 9, 2000. security-by-security basis at the time a processing and communications firm registers with the NASD as a techniques. Section 15A(b)(6) 11 II. Self-Regulatory Organization’s Service market maker.5 At present, there requires, among other things, that the Statement of the Purpose of, and are no Service market makers NASD rules be designed to prevent Statutory Basis for, the Proposed Rule participating in the Service. fraudulent and manipulative acts and Change As noted above, the NASD is seeking practices, to promote just and equitable principles of trade, and to foster In its filing with the Commission, the to extend the pilot term for one year. cooperation and coordination with NASD included statements concerning During this period, the NASD will persons engaged in regulating, clearing, the purpose of and basis for the continue to reevaluate the Service’s settling, processing information with proposed rule change and discussed any operation and consider possible respect to, and facilitating transactions comments it received on the proposed enhancements to the Service to broaden in securities. The NASD believes that rule change. The text of these statements market-maker participation. The NASD the proposed extension of the Service may be examined at the places specified continues to view the Service as a significant experiment in expanding and the International Rules is fully in Item III below. Nasdaq has prepared potential opportunities for international consistent with these statutory summaries, set forth in Sections A, B, trading via systems operated by Nasdaq. provisions. and C below, of the most significant Accordingly, the NASD believes that aspects of such statements. B. Self-Regulatory Organization’s this pilot operation warrants an Statement on Burden on Competition A. Self-Regulatory Organization’s extension to permit possible Statement of the Purpose of, and enhancement that will increase the The NASD believes that the proposed Statutory Basis for, the Proposed Rule Service’s utility and attractiveness to the rule change will not result in any Change investment community.6 The NASD burden on competition that is not maintains its belief that it is extremely necessary or appropriate in furtherance 1. Purpose important to preserve this facility and of the purposes of the Act. The NASD proposes to extend for an the opportunities it provides, especially C. Self-Regulatory Organization’s additional year, until October 9, 2000, in light of the increasingly global nature Statement on Comments on the the pilot operation of the Service and of the securities markets and the trend Proposed Rule Change Received From the effectiveness of the International of cross-border transactions generally. Members, Participants or Others Rules governing broker-dealers’ access In addition, the Service still serves an invaluable role as a critical early Written comments were neither to and use of the Service. The existing solicited nor received. pilot operation of the Service and the warning mechanism in the context of International Rules was originally significant changes involving Nasdaq III. Solicitation of Comments software and hardware systems. authorized by the Commission in Interested persons are invited to 3 Specifically, because the Service October 1991 and the Service was submit written data, views, and operates in the early morning hours launched on January 20, 1992. The pilot arguments concerning the foregoing, prior to the opening of trading in the has since been extended and is including whether the proposed rule currently set to expire on October 9, change is consistent with the Act. 1999.4 14, 1999) (extending the pilot for one year through October 9, 1999). Persons making written submissions 5 Regardless of the opening time chosen by the should file six copies thereof with the 3 See Securities Exchange Act Release No. 29812 Service market maker, the Service market maker is Secretary, Securities and Exchange (October 11, 1991), 56 FR 52082 (October 17, 1991). required to fulfill all the obligations of a Service Commission, 450 Fifth Street, NW, 4 See Securities Exchange Act Release No. 33037 market maker from that time (i.e., either 3:30 a.m., (October 8, 1993), 58 FR 53752 (October 18, 1993) 5:30 a.m. or 7:30 a.m.) until the European Session Washington, DC 20549–0609. Copies of (extending the pilot for two years through October closes at 9:00 a.m. Eastern Time. See Securities the submission, all subsequent 11, 1995); Securities Exchange Act Release No. Exchange Act Release No. 32471 (June 16, 1993), 58 amendments, all written statements 36359 (October 11, 1995), 60 FR 53820 (October 17, FR 33965 (June 22, 1993) (approval of File No. SR– 1995), (extending the pilot for two years through NASD–92–54). 7 15 U.S.C. 78k–1(a)(1)(B). October 11, 1997); Securities Exchange Act Release 6 Assuming that the pilot term is extended, the 8 No. 39216 (October 7, 1997), 62 FR 53673 (October NASD will continue to supply the Commission 15 U.S.C. 78k–1(a)(1)(C). 15, 1997) (extending the pilot for one year through with the statistical reports prescribed in the initial 9 15 U.S.C. 78o–3(b)(6). October 9, 1998); Securities Exchange Act Release approval order for the Service order at six month 10 15 U.S.C. 78k–1(a)(1). No. 40528 (October 7, 1998), 63 FR 55165 (October intervals. 11 15 U.S.C. 780–3(b)(6).

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.100 pfrm02 PsN: 15OCN1 56004 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices with respect to the proposed rule session of Nasdaq, the Service allows for change as described in Items I and II change that are filed with the the early detection of systems or below, which Items have been prepared Commission, and all written communication problems. Accordingly, by Nasdaq. On September 29, 1999, communications relating to the the Commission believes that this pilot Nasdaq filed with the Commission proposed rule change between the operation warrants an extension to Amendment No. 1 to the proposed rule Commission and any person, other than permit possible enhancements that will change.3 Nasdaq has designated this those that may be withheld from the increase the Service’s utility and proposed rule change as establishing or public in accordance with the attractiveness to the investment changing a due, fee or other charge provisions of 5 U.S.C. 552, will be community. Any changes to the under Section 19(b)(3)(A) of the Act,4 available for inspection and copying at operation of the Service will be filed which renders the proposed rule change the Commission’s Public Reference pursuant to Section 19(b)(2) of the effective upon receipt of the filing by Room. Copies of such filing will also be Act.13 the Commission.5 The Commission is available for inspection and copying at Pursuant to Section 19(b)(2) of the publishing this notice to solicit the principal office of the Exchange. All Act,14 the Commission finds good cause comments on the proposed rule change, submissions should refer to File No. for approving the proposed rule change as amended, from interested persons. SR–NASD–99–58 and should be prior to the 30th day after the date of submitted by November 5, 1999. publication of notice of filing thereof. I. Self-Regulatory Organization’s The Commission believes that it is Statement of the Terms of Substance of IV. Commission’s Findings and Order appropriate to approve on an accelerate Proposed Rule Change Granting Accelerated Approval of basis the one year extension of the Proposed Rule Change Nasdaq is proposing to make changes Service, until October 9, 2000, to ensure to NASD Rule 7010, which sets forth the The Commission finds that the the continuous operation of the Service, SelectNet fee schedule. Proposed new proposed rule change is consistent with which is set to expire on October 9, language is italicized; proposed Sections 11A(a)(1)(B) and (C) and 1999. deletions are in brackets. 15A(b)(6) of the Act.12 The Commission It is therefore ordered, pursuant to * * * * * believes that, in connection with the Section 19(b)(2) of the Act,15 that the globalization of securities markets, the proposed rule change (SR–NASD–99– 7000. CHARGES FOR SERVICES AND Service provides an opportunity to 58) is hereby approved on an EQUIPMENT advance the statutory goals of: (1) accelerated basis. 7010. System Services Achieving more efficient and effective For the Commission, by the Division of market operations; (2) broader Market Regulation, pursuant to delegated (a)–(h) No Change 16 availability of information with respect authority. (i) SelectNet Service to quotations for securities; (3) the Margaret H. McFarland, execution of investor orders in the best Deputy Secretary. [Effective February 1, 1998, t] The market through the use of advanced data [FR Doc. 99–26892 Filed 10–14–99; 8:45 am] following charges shall apply to the use of SelectNet: processing and communications BILLING CODE 8010±01±M techniques; and (4) fostering Transaction Charge—$2.50/Side cooperation and coordination with Directed Order Charge—$1.00 (per persons engaged in regulating, clearing, SECURITIES AND EXCHANGE execution, entering party only) settling, processing information with COMMISSION Cancellation Fee—$.25/per order respect to, and facilitating transactions [Release No. 34±41993; File No. SR±NASD± For a pilot commencing October 1, in securities. 99±47] 1999, and lasting until March 31, 2000 The Commission continues to view an NASD member who enters a directed the Service as a significant experiment Self-Regulatory Organizations; Notice SelectNet order that is subsequently in expanding potential opportunities for of Filing and Immediate Effectiveness executed in whole or in part will have international trading via a system of Proposed Rule Change by the its monthly Directed Order Charges operated by Nasdaq. The Service is National Association of Securities assessed as follows: intended to promote additional Dealers, Inc. Relating to SelectNet $1.00 per order for the first 50,000 commitments of member firms’ capital Fees to market making and to attract directed orders executed that month commitments from firms based in October 8, 1999. $0.70 per order for the next 50,000 Europe that currently do not function as Pursuant Section 19(b)(1) of the directed orders executed that same Nasdaq market makers. Although there Securities Exchange Act of 1934 month are no Service market makers (‘‘Act’’),1 and Rule 19b–4 thereunder,2 $0.20 per order for all remaining participating in the Service, the NASD notice is hereby given that on directed orders executed that same plans to reevaluate the Service’s September 20, 1999, the National month operation and consider possible Association of Securities Dealers, Inc. Executions resulting from broadcast enhancements to the Service to broaden (‘‘NASD’’), through its wholly owned messages will continue to be assessed at market maker participation. subsidiary, the Nasdaq Stock Market, a $2.50 per side rate. Additionally, the Service provides an Inc. (‘‘Nasdaq’’) filed with the Securities and Exchange Commission early warning system when Nasdaq 3 Amendment No. 1 makes several technical, non- implements significant changes (‘‘Commission’’) the proposed rule substantive changes to Nasdaq’s proposal. See letter involving its hardware and software from Thomas Moran, Assistant General Counsel, systems. Because the Service operates 13 15 U.S.C. 78s(b)(2). Nasdaq, to Mignon McLemore, Attorney, Division 14 Id. of Market Regulation, Commission, dated before the opening of the domestic September 28, 1999 (‘‘Amendment No. 1’’). 15 Id. 4 15 U.S.C. 78s(b)(3)(A). 12 In reviewing this proposal, the Commission has 16 17 CFR 200.30–3(a)(12). 5 The proposed rule change is deemed filed as of considered its potential impact on efficiency, 1 15 U.S.C. 78s(b)(1). the date Amendment No. 1 was received by the competition and capital formation. 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. Commission.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.101 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56005

(j)–(n) No Change other charges among its members and available for inspection and copying at * * * * * issuers and other persons. the principal office of the NASD. All submissions should refer to File II. Self-Regulatory Organization’s B. Self-Regulatory Organization’s No. SR–NASD–99–47 and should be Statement of the Purpose of, and Statement on Burden on Competition submitted by November 5, 1999. Statutory Basis for, the Proposed Rule Nasdaq does not believe that the For the Commission, by the Division of Change proposed rule change will impose any Market Regulation, pursuant to delegated burden on competition that is not 12 In its filing with the Commission, authority. necessary or appropriate in furtherance Margaret H. McFarland, Nasdaq included statements concerning of the purposes of the Act. the purpose of and basis for the Deputy Secretary. proposed rule change and discussed any C. Self-Regulatory Organization’s [FR Doc. 99–26894 Filed 10–14–99; 8:45 am] comments it received on the proposed Statement on Comments on the BILLING CODE 8010±01±M rule change. The text of these statements Proposed Rule Change Received From may be examined at the places specified Members, Participants, or Others SECURITIES AND EXCHANGE in Item IV below. Nasdaq has prepared Written comments on the proposed COMMISSION summaries, set forth in Sections A, B, rule change were neither solicited nor and C below, of the most significant received. [Release No. 34±41984; File No. SR±NYSE± aspects of such statements. 99±37] III. Date of Effectiveness of the A. Self-Regulatory Organization’s Proposed Rule Change and Timing for Self-Regulatory Organization; Notice of Statement of the Purpose of, and Commission Action Filing and Order Granting Accelerated Statutory Basis for, the Proposed Rule The foregoing rule change establishes Approval of Proposed Rule Change by Change or changes a due, fee, or other charge the New York Stock Exchange, Inc. to 1. Purpose imposed by Nasdaq and, therefore, has Revise the Uniform Application for become effective pursuant to Section Securities Industry Registration or In a continuing effort to provide the 19(b)(3)(A)(ii) 8 of the Act and Transfer (Form U±4) and Uniform most cost-effective trading environment subparagraph (f)(2) of Rule 19b–4 Termination Notice for Securities of NASD members, Nasdaq is proposing thereunder.9 At any time within 60 days Industry Registration (Form U±5) a pilot program to reduce execution of the filing of the proposed rule costs for any NASD member who Pursuant to Section 19(b)(1) of the change,10 the Commission may engages in significant trading activity Securities Exchange Act of 1934 summarily abrogate such rule change if using Nasdaq’s SelectNet system. Under (‘‘Act’’) 1 and Rule 19b–4 thereunder, 2 it appears to the Commission that such the pilot, NASD members who send notice is hereby given that on August action is necessary or appropriate in the directed orders through SelectNet that 31, 1999, the New York Stock Exchange, public interest, for the protection of Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with are subsequently executed in whole or investors, or otherwise in furtherance of in part will be assessed monthly the Securities and Exchange the purposes of the Act.11 SelectNet directed orders fees as Commission (‘‘SEC’’ or ‘‘Commission’’) follows: Executions 0–50,000 that IV. Solicitation of Comments the proposed rule change as described month will be assessed at a $1.00 per Interested persons are invited to in Items I and II below, which Items execution rate; Executions 50,001– submit written data, views, and have been prepared by the Exchange. 100,000 that same month will be arguments concerning the foregoing, The Commission is publishing this assessed at a $0.70 per execution rate; including whether the proposed rule notice to solicit comments on the and Executions 100,001 or higher that change is consistent with the Act. proposed rule change from interested 3 same month will be assessed at a $0.20 Persons making written submissions persons. For the reasons discussed per execution rate. Executions resulting should file six copies thereof with the below, the Commission is granting from broadcast messages will continue Secretary, Securities and Exchange accelerated approval of the proposed to be assessed at a $2.50 per side rate. Commission, 450 Fifth Street, N.W., rule change. The pilot, like previous Nasdaq Washington, D.C. 20549–0609. Copies of I. Self-Regulatory Organization’s 6 SelectNet fee reductions, responds to the submission, all subsequent Statement of the Terms of Substance of dramatic increases in SelectNet amendments, all written statements the Proposed Rule Change execution rates and seeks to with respect to the proposed rule synchronize Nasdaq’s fee structure with The NYSE proposes to adopt the change that are filed with the revised Form U–4 (‘‘Uniform current market activity to achieve Commission, and all written material reductions in market Application for Securities Industry communications relating to the Registration or Transfer’’) and the participants costs. This pilot program proposed rule change between the shall run from October 1, 1999, through revised Form U–5 (‘‘Uniform Commission and any person, other than Termination Notice for Securities March 31, 1999, unless further extended those that may be withheld from the or modified by Nasdaq. public in accordance with the 12 17 CFR 200.30–3(a)(12). 2. Statutory Basis provisions of 5 U.S.C. 552, will be 1 15 U.S.C. 78s(b)(1). available for inspection and copying at 2 17 CFR 240.19b–4. Nasdaq believes the proposed rule the Commission’s Public Reference 3 A non-substantive amendment was made to the change is consistent with Section Room. Copies of such filing also will be proposal. In this amendment, the NYSE removed 15A(b)(5) 7 of the Act because it is language describing certain aspects of the National Association of Securities Dealers, Inc.’s (‘‘NASD’’) designed to provide for the equitable 8 15 U.S.C. 78s(b)(3)(A)(ii). Web CRD policy because the language was allocation of reasonable dues, fees, and 9 17 CFR 240.19b–4(f)(2). inaccurate. Telephone conversation between Mary 10 See supra, note 4. Anne Furlong, Director, Rule and Interpretative 6 See Exchange Act Release No. 39248 (October 11 In reviewing this proposal, the Commission has Standards, NYSE, and Joseph P. Corcoran, Attorney, 16, 1997); 62 FR 55296 (October 23, 1997). considered the proposal’s impact on efficiency, Division of Market Regulation, Commission, on 7 15 U.S.C. 78o(b)(5). competition, and capital formation. 15 U.S.C. 78c(f). September 9, 1999.

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 56006 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Industry Registration’’).4 The Forms, electronic Form U–4. Further, when an the Act, which requires that an submitted as Exhibit A with this associated person terminates his Exchange deny membership to persons proposal, may be examined in the association with a broker-dealer, the subject to a statutory disqualification or Commission’s Public Reference Room broker-dealer will be required to fill out persons who cannot meet such and at the Exchange. and submit an electronic Form U–5. standards of training, experience and Currently, Forms U–4 and U–5 for II. Self-Regulatory Organization’s competence as are prescribed by the persons employed by Exchange Statement of the Purpose of, and rules of the Exchange or persons who members and member organizations that Statutory Basis for, the Proposed Rule have engaged in acts or practices are not also members of the NASD Change inconsistent with just and equitable (‘‘non-NASD members’’) are submitted principles of trade. In its filing with the Commission, the on paper directly to the Exchange. In the NYSE included statements concerning future, however, it is anticipated that B. Self-Regulatory Organization’s the purpose of, and basis for, the non-NASD members will be able to file Statement on Burden on Competition proposed rule change and discussed any the forms electronically through Web The Exchange believes that the comments it received on the proposed CRD. proposal does not impose any burden rule change. The text of these statements To allow Web CRD to efficiently on competition that is not necessary or may be examined at the places specified process the revised forms, NASD made appropriate in furtherance of the in Item III below. The NYSE has certain formatting and technical changes purposes of the Act. prepared summaries, set forth in to the original electronic forms that C. Self-Regulatory Organization’s Sections A, B, and C below, of the most were approved by the Commission in Statement on Comments on the significant aspects of such statements. 1996, but not made effective because the Proposed Rule Change Received from NASD decided to change the technology A. Self-Regulatory Organization’s Members, Participants, or Others Statement of the Purpose of, and they were going to use to modernize the CRD system. In addition to reformatting Written comments were neither Statutory Basis for, the Proposed Rule solicited nor received. Change the Disclosure Reporting Pages, the substantive amendments to the form III. Solicitation of Comments 1. Purpose involve changes, which were described Interested persons are invited to The purpose of this filing is to request in SR–NASD–98–96, to certain disclosure questions. In particular, the submit written data, views, and approval of the revised Forms U–4 and arguments concerning the foregoing, U–5 for use at the NYSE. These forms Form U–4 question eliciting information on settled customer complaints was including whether the proposed rule is are used by the Exchange as part of its consistent with the Act. Persons making registration and oversight of persons expanded to include oral complaints involving sales practice allegations that written submissions should file six associated with members and member copies thereof with the Secretary, organizations. In addition, information are settled for $10,000 or more.6 Additionally, two Form U–5 questions Securities and Exchange Commission, from these forms appears on the Central 450 Fifth Street, NW, Washington, DC Registration Depository (‘‘CRD’’) system, were expanded to elicit information on criminal or regulatory actions initiated 20549–0609. Copies of the submission, in which the Exchange participates. The all subsequent amendments, all written CRD is an industry-wide automated on the basis of events that occurred while an individual was employed by a statements with respect to the proposed system that allows for the efficient rule change that are filed with the review and tracking of registered firm, even if the actions were initiated after the individual had been Commission, and all written persons in the securities industry, as communications relating to the well as changes in their employment terminated.7 The Exchange believes that the proposed rule change between the histories. Commission and any person, other than The revised forms, along with the revised Forms U–4 and U–5 will assist those that may be withheld from the NASD’s plan of implementation of the the Exchange in its registration and public in accordance with the World Wide Web-based Central oversight functions by providing more provisions of 5 U.S.C. 552, will be Registration Depository (‘‘Web CRD’’), detailed reporting concerning persons available for inspection and copying in were approved by the Commission on associated with members and member the Commission’s Public Reference June 25, 1999.5 The revision of Forms organizations. Moreover, in the future, it Room. Copies of such filing will also be U–4 and U–5 was part of the NASD’s is anticipated that non-NASD members available for inspection and copying at effort to modernize the CRD system and of the NYSE will be able to file the the principal office of the NYSE. All to streamline the registration and forms electronically through Web CRD. submissions should refer to File No. termination process of individuals in 2. Statutory Basis SR–NYSE–99–37 and should be the securities industry. The Forms U–4 submitted by November 5, 1999. and U–5 were amended so that they can The Exchange believes that the use of be submitted electronically through the the revised Forms U–4 and U–5 is 8 IV. Commission’s Findings and Order World Wide Web. In addition, certain consistent with Section 6(b)(5) of the Granting Accelerated Approval of disclosure questions on the forms were Act because the use of standard Proposed Rule Change amended to capture more disciplinary registration forms fosters cooperation and coordination with persons engaged The Commission finds that the information about potential and current proposed rule change is consistent with registered representatives. In most cases, in regulating transactions in securities. Additionally, the information reported the Act and the rules and regulations individuals seeking registration will be thereunder 10 applicable to a national required to fill out and submit an on the forms assists the Exchange in its responsibilities under Section 6(c) 9 of 10 Pursuant to Section 3(f) of the Act, the 4 The revised Forms U–4 and U–5 were approved Commission has considered the proposed rule’s 6 by the Commission on June 25, 1999. See Release Question 23I(2) on the Proposed U–4. impact on efficiency, competition, and capital No. 34–41560 (June 25, 1999), 64 FR 36059 (July 2, 7 Question 16 and 17 on the Proposed U–5. formation. The Commission notes that the forms 1999) (File No. SR–NASD–98–96). 8 15 U.S.C. 78f(b)(5). and the CRD system provide self-regulatory 5 Id. 9 15 U.S.C. 78f(c). organizations, including the NYSE, with a

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56007 securities exchange. In particular, the SECURITIES AND EXCHANGE manipulative manner. The limits on the Commission believes that the proposed COMMISSION terms for ELDS contrast with the rule change is consistent with Section Exchange’s general requirements for 11 [Release No. 34±41992; File No. SR±NYSE± 6(b)(5) which requires, among other 99±22] derivative instruments. Specifically, for things, that the rules of an exchange be warrants (Paragraph 703.12 of the designed to foster cooperation and Self-Regulatory Organizations; New Manual), foreign currency and currency coordination with persons engaged in York Stock Exchange, Inc.; Order index warrants (Paragraph 703.15 of the regulating, clearing, settling, processing Granting Approval to Proposed Rule Manual), contingent value rights information with respect to, and Change Relating to Equity-Linked Debt (Paragraph 703.18 of the Manual) and facilitating transactions in securities, Securities ‘‘other securities’’ (Paragraph 703.19 of not to permit unfair discrimination the Manual), the Exchange requires only among customers, issuers, brokers or October 7, 1999. that the security have a minimum life of dealers, and, in general, to protect I. Introduction one year. investors and the public interest. III. Discussion Additionally, the Commission On May 28, 1999, the New York Stock believes that the revised Forms U–4 and Exchange, Inc. (‘‘NYSE’’ or ‘‘Exchange’’) After careful review, the Commission U–5 will assist the Exchange in its submitted to the Securities and finds that the proposed rule change is registration and oversight functions by Exchange Commission (‘‘Commission’’), consistent with the requirements of the providing the Exchange with more pursuant to Section 19(b)(1) of the Act and the rules and regulations relevant information about persons Securities Exchange Act of 1934 thereunder applicable to a national associated with members and member (‘‘Act’’),1 and Rule 19b–4 thereunder,2 a securities exchange,4 and in particular, organizations. Moreover, in the future, it proposed rule change amending with the requirements of Section is anticipated that non-NASD members Paragraph 703.21 of its Listed Company 6(b)(5).5 Specifically, the Commission of the NYSE will be able to file the Manual (‘‘Manual’’), the listing of finds that providing for a minimum one forms electronically through Web CRD. equity-linked debt securities (‘‘ELDS’’). year term for all ELDS is designed to Electronic filing should help expedite The proposed rule change was remove impediments to and perfect the the registration process for non-NASD published for comment in the Federal mechanism of a free and open market members. Register on July 14, 1999.3 No and a national market system. The The Commission finds good cause for comments were received on the Commission believes that it will be less approving the proposed rule change proposal. This order approves the confusing for issuers and investors alike prior to the thirtieth day after the date proposal. and beneficial to the mechanism of a of publication of notice thereof in the II. Description of the Proposal free and open market, if the listing Federal Register. The Commission notes standards for ELDS conform to the that the forms have previously been The Exchange is proposing to amend listing standards of the Exchange’s other approved by the Commission and are its listing criteria for ELDS. The hybrid products found in Section 703 of currently in effect.12 The Commission amendment deals with the minimum the Manual.6 Generally those securities also notes that the previous filing was required term of such securities, and share the following listing criteria: 1 submitted for the requisite notice and substitutes a one-year minimum for all million of the applicable security comment period, and the commission ELDS (domestic and non-U.S.) for the outstanding, at least 400 holders, at least received no public comments. current requirement that the securities $4 million aggregate market value, and Furthermore, the proposed rule change have a term of two to seven years (three a minimum life of one year.7 raises no new issue of regulatory year maximum for non-U.S. securities). The Commission notes that in the concern. The Commission believes, ELDS are non-convertible debt of an nearly six years that the Exchange has therefore, that granting accelerated issuer where the value of the debt is traded ELDS, the Exchange has not approval to the propsoed rule change is based, at least in part, on the value of discovered any adverse effects of this appropriate and consistent with Section another issuer’s common stock or non- instrument. In addition, the Exchange 6 13 of the Act. convertible preferred stock. Because has verified that it has adequate ELDS are a derivative product related to It is therefore ordered, pursuant to surveillance procedures to monitor for the underlying stock, the Exchange Section 19(b)(2) of the Act,14 that the possible manipulation of ELDS as well trades ELDS on the equity trading floor 8 proposed rule change (SR–NYSE–99– as the related equity securities. The together with the underlying stock (if 37) is hereby approved on an Exchange has also agreed to notify the such stock is listed). accelerated basis. Commission in advance if the Exchange Paragraph 703.21 of the Manual intends to list ELDS of a non-U.S. For the Commission, by the Division of details the Exchange’s listing standards company issuer and the issue has a term Market Regulation, pursuant to delegated for ELDS. Among other things, these authority.15 standards require that the ELDS have a 4 In approving this rule change, the Commission Margaret H. McFarland, term of two to seven years, but not more has considered the proposed rule’s impact on Deputy Secretary. than three years for ELDS based on the efficiency, competition, and capital formation. 15 [FR Doc. 99–26893 Filed 10–14–99; 8:45 am] price of a non-U.S. issuer. The Exchange U.S.C. 78c(f). 5 15 U.S.C. 78f(b)(5). BILLING CODE 8010±01±M initially proposed these limits as a 6 See Manual Paragraphs 703.12 (warrants), conservative measure to help ensure 703.15 (foreign currency and currency index centralized and efficient means of maintaining that the trading of ELDS does not have warrants), 703.18 (contingent value rights), and information on member firms and their associated an adverse effect on the liquidity of the 703.19 (other securities). persons. 15 U.S.C. 78c(f). underlying stock, and is not used in a 7 Id. Other requirements may also apply. 11 15 U.S.C. 78f(b)(5). 8 Telephone conversation between Vincent 12 See supra note 4. Patton, Assistant Vice-President, Structured 1 15 U.S.C. 78s(b)(1). 13 15 U.S.C. 78f. Securities, NYSE, Judy Bryngil, Vice-President, 2 17 CFR 240.19b–4. Market Trading Analysis, NYSE, and Terri Evans, 14 15 U.S.C. 78s(b)(2). 3 Securities Exchange Act Release No. 41608 (July Attorney, Division of Market Regulation 15 17 CFR 200.30–3(a)(12). 8, 1999), 64 FR 38063 (July 14, 1999). (‘‘Division’’), Commission, on July 23, 1999.

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 56008 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices of more than three years.9 The Exchange proposal. The Exchange submitted comprising such index or portfolio, and/ believes that this rule change will Amendment No. 1 to the proposal on or a cash amount; or (ii) shares of a provide issuers with more flexibility in May 13, 1999.5 This order approves the registered investment company, which developing ELDS and thus provide amended proposed rule change and investment company holds securities greater investment choices in the accelerates approval of Amendment No. comprising, or otherwise based on or market. The Commission believes that 1. representing an interest in, an index or portfolio of securities, and/or a cash this added flexibility will encourage II. Description of the Proposal innovation without having an adverse amount. Units must be redeemable, effect on investor protection. A. Standards for Listing and Trading directly or indirectly, from the Investment Company Units Investment Company for securities and/ IV. Conclusion 7 The Exchange seeks to adopt new or cash then comprising the Deposit. It is therefore ordered, pursuant to rules to accommodated the trading of Units must pay holders periodic cash 10 Section 19(b)(2) of the Act, that the Investment Company Units (‘‘Units’’), payments corresponding to the regular proposed rule change (SR–NYSE–99– whether by Exchange listing or pursuant cash dividends or distributions declared 22) is approved. to unlisted trading privileges.6 A Unit is with respect to the securities held by the For the Commission, by the Division of a security that represents an interest in Investment Company, less applicable Market Regulation, pursuant to delegated a registered investment company expenses and charges. At least 300,000 authority.11 (‘‘Investment Company’’), which Units must be outstanding before Margaret H. McFarland, Investment Company is organized as a trading in a series of such Units may Deputy Secretary. unit investment trust, open-end begin on the Exchange. [FR Doc. 99–26896 Filed 10–14–99; 8:45 am] management investment company, or Each series of Units traded on the BILLING CODE 8010±10±M similar entity. Exchange must be based on a specified Under the Exchange’s proposed index or portfolio of securities. The listing standards, an Investment value of the index or portfolio must be SECURITIES AND EXCHANGE Company that issues Units must: (i) calculated and disseminated to the 8 COMMISSION hold securities comprising, or otherwise public at least once per business day. based on or representing an interest in, However, if the securities representing [Release No. 34±41983; International Series at least half the value of the index or Release No. 1206; File No. SR±PCX±98±29] an index or portfolio of seucrities; or (ii) hold securities in another registered portfolio are securities of a single Self-Regulatory Organizations; Pacific investment company that holds country other than the United States, Exchange, Inc.; Order Approving securities comprising, or otherwise the value of the index or portfolio may Proposed Rule Change and Notice of based on or representing an interest in, be calculated and disseminated to the Filing and Order Granting Accelerated an index or portfolio of securities. An public at least once per business day in Approval of Amendment No. 1 to index or portfolio may be revised as that country. Units may be either Proposed Rule Change Relating to the necessary or appropriate to maintain the certified or issued in the form of a single Listing and Trading of Investment quality and character of the index or global certificate. Company Units, Including World portfolio. The Exchange would be permitted to Equity Benchmark Shares (``WEBS'') In addition, the Investment Company consider suspending trading and must issue Units in a specified aggregate delisting (if applicable) a series of Units October 6, 1999. number in return for a deposit if: (i) after the initial twelve-month period beginning upon the I. Introduction (‘‘Deposit’’). The Deposit must consist of: (i) a specified number of shares of commencement of trading of a series of On June 18, 1998, the Pacific securities that comprise the index or Units, there are fewer than 50 record Exchange, Inc. (‘‘Exchange’’ or ‘‘PCX’’) portfolio, or are otherwise based on or and/or beneficial holders of Units for 30 filed with the Securities and Exchange represent an investment in securities or more consecutive trading days; (ii) Commission (‘‘Commission’’), pursuant the value of the index or portfolio of to Section 19(b)(1) of the Securities 5 In Amendment No. 1, the Exchange: (i) provided securities on which the series is based Exchange Act of 1934 (‘‘Act’’) 1 and Rule confidential surveillance procedures; (ii) stated its is no longer calculated or available; or 19b–4 thereunder,2 a proposed rule intent to trade WEBS pursuant to unlisted trading (iii) such other event occurs or privileges; (iii) proposed to delay the trading of condition exists which, in the opinion change to adopt rules governing the Malaysian WEBS due to Malaysian currency listing and trading of Investment restrictions; (iv) provided rule language clarifying of the Exchange, makes further dealings Company Units, including World Equity that Exchange specialists may redeem or create Benchmark Shares’’ (‘‘WEBS TM’’).3 The WEBS only on the same terms and conditions as 7 For example, as discussed below in Section proposed rule change was published for any other investor and only at the net asset value; II(B), WEBS are only redeemable from the Foreign (v) explained how the Exchange will review the Fund, Inc. in ‘‘Creation Unit’’ sizes. See note 11 comment in the Federal Register on creation or redemption of WEBS by Exchange infra and accompanying text for a description of the November 3, 1998.4 The Commission specialists; (vi) specified how the net asset values various Creation Unit sizes. did not receive any comments on the for Index Series will be disseminated; and (vii) 8 The Commission generally believes that confirmed that Exchange members may rely on updating values on a real-time basis throughout the certain exemptive and no-action relief that the trading day is essential to any securities product. 9 Telephone conversation between Vincent Commission previously provided to the American In this regard, the Commission notes that the Patton, Assistant Vice-President, Structured Stock Exchange. See Letter from Robert P. Pacileo, Exchange will also disseminate an indicative Securities, NYSE, and Nancy Sanow, Senior Special Staff Attorney, Regulatory Policy, Exchange, to optimized portfolio value (‘‘Value’’), which closely Counsel, Division, Commission on July 8, 1999. Michael A. Walinskas, Associate Director, Division approximates the value of the portfolio of securities of Market Regulation Commission, dated May 11, 10 15 U.S.C. 78s(b)(2). comprising each WEBS series, at least every fifteen 1999 (‘‘Amendment No. 1’’). 11 17 CFR 200.30–3(a)(12). seconds during regular trading hours. While the 6 Pursuant to Section 12(f) of the Act and the rules Values disseminated by the Exchange will not be 1 15 U.S.C. 78s(b)(1). thereunder, a national securities exchange may the official values for the portfolios of securities 2 17 CFR 240.19b–4. extend unlisted trading privileges to a security comprising each WEBS series, the Values are 3 ‘‘World Equity Benchmark Shares’’ and ‘‘WEBS’’ listed and registered on another national securities designed to accurately reflect the value of each are service marks of Morgan Stanley Group, Inc. exchange if certain conditions are satisfied. See 15 WEBS portfolio and to provide investors with 4 See Securities Exchange Act Release No. 40603 U.S.C. 781(f) and 17 CFR 240.12f–1, 12f–2, 12f–3, timely access to important market information (Oct. 26, 1998), 63 FR 59354 (Nov. 3, 1998). 12f–4, and 12f–5. during trading hours.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.108 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56009 on the Exchange inadvisable. In currently trade all seventeen WEBS share classes that may not be purchased addition, the Exchange would be series. by foreigners. MSCI currently calculates allowed to remove Units from trading The investment objective of each Free Indices for Singapore and Mexico, and listing (if applicable) upon WEBS series is to provide investment and for those regional and international termination of the issuing Investment results that correspond generally to the indices which include such markets. Company or upon the termination of aggregate price and yield performance of The Singapore and Mexico WEBS series listing of the Units on their primary publicly traded securities in particular will be based on the Free Indices for market, if the primary market is not the markets, as represented by specific those countries. Exchange. MSCI Indices. Each WEBS series will All MSCI Indices are calculated daily. use a ‘‘passive’’ or indexing investment The calculation method weights stocks B. Trading of WEBS approach, which attempts to in an MSCI Index by their beginning-of- approximate the investment period market capitalization. Share Upon approval of the proposed rule prices are ‘‘swept clean’’ daily and change, the Exchange intends to trade a performance of its benchmark index through quantitative analytical adjusted for any rights issues, stock specific class of Units—WEBS— dividends, or splits. The MSCI Indices pursuant to unlisted trading privileges. procedures. A WEBS series normally will invest at presently are calculated in each WEBS are issued by Foreign Fund, Inc. market’s local currency,12 in U.S. (‘‘Fund’’) and are structured as shares of least 95% of its total assets in stocks that are represented in the relevant dollars, without dividends, and with separate series (‘‘Index Series’’). Each dividends reinvested. Index Series invests primarily in the MSCI Index and will at all times invest at least 90% of its total assets in such Each MSCI Index underlying a WEBS equity securities traded in a designated stocks. A WEBS series will not hold all series is calculated by MSCI for each market in an effort to track the of the issues that comprise the subject trading day in the applicable market performance of a specified equity MSCI Index, but will attempt to hold a based on official closing prices taken market index. representative sample of the securities from the predominant exchange in such Currently, the Fund offers seventeen comprising the MSCI Index in a market. For each trading day, MSCI WEBS Index Series based on seventeen technique known as ‘‘portfolio publicly disseminates each MSCI Index Morgan Stanley Capital International sampling.’’ value for the previous day’s close. MSCI (‘‘MSCI’’) Indices (individually ‘‘MSCI The Fund will issue and redeem Indices are reported periodically in Index’’ and collectively ‘‘MSCI WEBS of each Index Series only in major financial publications and also Indices’’). The countries whose aggregations of shares specified for each are available through vendors of exchange markets are represented by the Index Series (each aggregation is a financial information. The Fund will cause to be made seventeen MSCI Indices are: Australia, ‘‘Creation Unit’’). The number of shares available daily the names and required Austria, Belgium, Canada, France, per Creation Unit will range from 40,000 number of shares of each of the Germany, Hong Kong, Italy, Japan, to 600,000.11 Following the issuance of securities to be deposited in connection Malaysia,9 Mexico, Netherlands, WEBS in Creation Unit aggregations, with the issuance of WEBS in Creation Singapore, Spain, Sweden, Switzerland, WEBS may be traded on the Exchange Unit size aggregations for each WEBS and the United Kingdom. The in lots of any size. series. Also included will be Commission has already approved information relating to the required cash proposed rule changes to accommodate C. Structure of the MSCI Indices payment representing, in part, the the listing and trading of these MSCI generally seeks to have 60% of amount of accrued dividends applicable seventeen WEBS series on the American the capitalization of a country’s stock to such WEBS series. This information Stock Exchange (‘‘Amex’’) and to permit market reflected in the MSCI Index for will be made available by the Fund the trading of the WEBS series on the such country. The MSCI Indices seek to Advisor to any National Securities Chicago Stock Exchange (‘‘CHX’’) balance the inclusiveness of an ‘‘all Clearing Corporation (‘‘NSCC’’) pursuant to unlisted trading share’’ index against the replicability of participant requesting such information. privileges.10 a ‘‘blue chip’’ index. MSCI applies the Both the Amex and CHX In addition, such information may be same criteria and calculation requested directly from the Fund 9 methodology across all markets for all Although the Exchange seeks approval to trade Distributor. the Malaysia Index Series WEBS pursuant to indices, developed and emerging. unlisted trading privileges, the Exchange will not All single-country MSCI Indices are D. Disclosure to Market Participants immediately trade such WEBS due to Malaysian currency restrictions. The Exchange will notify the market capitalization weighted. For The Fund Administrator, PFPC, Inc., Commission before the start of trading in Malaysian countries that restrict foreign will calculate the net asset value Index Series WEBS and, if required, will submit a ownership, MSCI calculates two types (‘‘NAV’’) for each Index Series each rule filing under Section 19(b) of the Act. See of indices: the MSCI Index and an trading day as of 4:00 P.M., Eastern Amendment No. 1 supra note 5. additional index call the ‘‘Free Index.’’ 10 See Securities Exchange Act Release Nos. Standard Time. The NAVs will be made 36947 (Mar. 8, 1996), 61 FR 10606 (Mar. 14, 1996) The Free Index excludes companies and available to the public by the Fund (approval of the Amex’s request to list and trade Distributor by means of a toll-free Index Fund Shares, including WEBS); and 39117 11 The number of shares per Creation Unit for the (Sept. 22, 1997), 62 FR 50973 (Sept. 29, 1997) seventeen WEBS are: (1) Australia Index Series: number and will also be accessible to (approval of the CHX’s request to trade WEBS 200,000; (2) Austria Index Series: 100,000; (3) pursuant to unlisted trading privileges). The Belgium Index Series: 40,000; (4) Canada Index 12 To obtain foreign currency exchange rates, Commission notes that the Amex has filed a Series: 100,000; (5) France Index Series: 200,000; (6) MSCI uses WM/Reuters Closing Spot Rates for all proposed rule change to list for trading eleven Germany Index Series: 300,000; (7) Hong Kong developed and emerging markets except those in additional WEBS based on MSCI Indices for Brazil, Index Series: 75,000; (8) Italy Index Series: 150,000; Latin America. Because of the high volatility of Greece, Indonesia, South Korea, Portugal, South (9) Japan Index Series: 600,000; (10) Malaysia Index currencies in some Latin American countries, MSCI Africa, Taiwan, Thailand, Turkey, the United Series: 75,000; (11) Mexico (Free) Index Series: continues to calculate its own rates for those States, and the EMU (European Economic and 100,000; (12) Netherlands Index Series: 50,000; (13) countries. Under exception circumstances MSCI Monetary Union). The Amex’s proposal is still Singapore (Free) Index Series: 100,000; (14) Spain may elect to use an alternative exchange rate for any pending with the Commission. See Securities Index Series: 75,000; (15) Sweden Index Series: country if the WM/Reuters Closing Spot Rate is not Exchange Act Release No. 41322 (Apr. 22, 1999), 64 75,000; (16) Switzerland Index Series: 125,000; and believed to be representative for a given currency FR 23138 (Apr. 29, 1999). (17) United Kingdom Index Series: 200,000. on a particular day.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.110 pfrm02 PsN: 15OCN1 56010 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

NSCC participants through NSCC data. rules and regulations thereunder and redeem shares issued by an open- In addition, the NAVs will be provided applicable to a national securities end management investment company to the Exchange by NSCC, and exchange and, in particular, with the based upon the NAV of the securities disseminated through the Exchange’s requirements of Section 6(b)(5) of the held by such company. The ability to Computerized Order Access System (‘‘P/ Act.15 The Commission believes that the trade WEBS throughout the day should COAST’’). Exchange’s proposal to adopt new rules allow investors to respond quickly to The Exchange will provide current to accommodate the trading of Units, market changes and provide expanded WEBS pricing information by whether by Exchange listing or pursuant opportunities to engage in hedging disseminating through the facilities of to unlisted trading privileges, will strategies. In addition, the cost of WEBS the Consolidated Tape Association establish a framework to facilitate the should make them affordable and (‘‘CTA’’) an indicative optimized trading of new products such as WEBS. attractive to individual retail investors portfolio value (‘‘Value’’) for each Index The Commission also believes that the who wish to purchase a single security Series as calculated by Bloomberg, L.P. Exchange’s proposal to trade WEBS that replicates the performance of a The Value will be disseminated on a per pursuant to unlisted trading privileges portfolio of foreign stocks.20 WEBS basis every fifteen seconds will provide investors with a convenient Although the market price of each during the Exchange’s regular trading way of participating in foreign securities WEBS series is derived from the value hours.13 markets, and could benefit investors of the securities and cash held in the Before the start of trading in WEBS, through increased competition between Fund, WEBS are not leveraged the Exchange will distribute to its the market centers trading the WEBS instruments. Rather, WEBS essentially members an information circular that product. Moreover, the Commission are equity securities that represent an discusses the special characteristics and believes that the Exchange’s WEBS interest in a portfolio of stocks designed risks of trading WEBS. The circular will proposal would provide investors with to track a specific MSCI Index. While discuss the basic structure of WEBS, increased flexibility in satisfying their the Commission believes that it is creation and redemption over WEBS, investment needs by allowing them to appropriate to regulate WEBS like other prospectus delivery to investors buy and sell, at negotiated prices equity securities, the unique nature of purchasing WEBS, applicable Exchange throughout the trading day, securities WEBS raises certain trading, disclosure, rules (e.g., suitability rule), and that replicate the performance of several and surveillance issues. The remainder dissemination of trading information. stock portfolios.16 Accordingly, as of this order addresses these issues, The Exchange will use existing and discussed below, the Commission finds although they are discussed in greater proposed surveillance procedures to that the proposal is consistent with the detail in the Amex WEBS Approval surveil trading in WEBS, including requirements of Section 6(b)(5) of the Order, where the Commission initially specialist compliance with Exchange Act in that it facilitates transactions in approved WEBS for trading as a new 21 Rule 5.33(a), ‘‘Specialist Trading,’’ and securities, removes impediments to and product. proposed Commentaries .02 and .03 to perfects the mechanism of a free and A. Trading of WEBS on the Exchange open market and a national market Exchange Rule 5.33(a), which Before an exchange begins to trade a contemplate specialists engaging in system, and, in general, protects investors and the public interest.17 security pursuant to unlisted trading transactions with the issuer of WEBS privileges, Rule 12f–5 of the Act under certain circumstances.14 The Commission notes that WEBS should provide investors with several requires the exchange to have in place III. Discussion advantages compared to shares of rules providing for transactions in such security.22 The Commission finds that The Commission finds that the standard, open-end management investment companies (i.e., mutual the Exchange has proposed adequate proposed rule change is consistent with rules and procedures to govern the the requirements of the Act and the funds). Specifically, investors will be able to trade WEBS continuously trading of WEBS on the Exchange. Specifically, WEBS will be deemed 13 The Exchange recognizes that each Value is throughout the day in secondary unlikely to reflect the value of all securities markets at negotiated prices.18 In included in the applicable benchmark MSCI Index. contrast, Investment Company Act Rule or resell. See 17 CFR 270.22c–1. The net asset value In addition, the Exchange believes that the Value 22c–1 19 requires investors to purchase of an open-end management investment company does not necessarily reflect the precise composition generally is computed once daily Monday to Friday of the current portfolio of securities held by the as designated by the investment company’s board Fund for each WEBS series at a particular moment. 15 15 U.S.C. 78f(b)(5). of directors. The Commission granted WEBS an Therefore, the Exchange believes that the Value for 16 Unlike typical open-end investment exemption from this provision to allow them to each WEBS series disseminated during Exchange companies, where investors have the right to trade in the secondary market at negotiated trading hours should not be viewed as a real-time redeem their shares on a per share basis, investors prices.See Amex WEBS Approval Order, infra note update of the NAV of the Fund, which is calculated in WEBS can redeem them in creation unit size 21. only once a day. The Exchange recognizes, aggregations only. 20 As of the close of trading on October 1, 1999, however, that during the trading day the Value will 17 In approving this proposed rule change, the the Spain Index Series WEBS, which was valued at closely approximate the value, per WEBS share, of Commission has considered the proposal’s impact $25.375, was the highest priced of the seventeen the portfolio of securities for each WEBS series, on efficiency, competition, and capital formation. listed WEBS series. The least expensive WEBS except under unusual circumstances. 15 U.S.C. 78c(f). series was the Malaysia Index Series, value at 14 Proposed Commentary .02 to Exchange Rule 18 The Commission believes that WEBS will not $4.9375. 5.33 states that, ‘‘[s]pecialists may only redeem and trade at a material discount or premium in relation 21 See Securities Exchange Act Release No. 36947 create WEBS on the same terms and conditions as to their net asset value, because of potential (Mar. 8, 1996), 61 FR 10606 (Mar. 14, 1996) (‘‘Amex any other investor and only at the net asset value arbitrage opportunities. The potential for arbitrage WEBS Approval Order’’). The Commission hereby (‘‘NAV’’). Proposed commentary .03 to Exchange should keep the market price of WEBS comparable incorporates by reference the discussion and Rule 5.33 states that: to their net asset values; therefore, arbitrage activity rationale for approving WEBS as stated in the Amex [n]othing in rule 5.33(a) should be construed to likely will not be significant. WEBS Approval Order. restrict a Specialist registered in a security issued 19 Investment Company Act Rule 22c–1 generally 22 Rule 12f–5 states that, ‘‘[a] national securities by an investment company from purchasing and provides that a registered investment company exchange shall not extend unlisted trading redeeming the listed security, or securities that can issuing a redeemable security, its principal privileges to any security unless the national be subdivided or converted into the listed security underwriter, and dealers in that security may sell, securities exchange has in effect a rule or rules from the issuer as appropriate to facilitate the redeem, or repurchase the security only at a price providing for transactions in the class or type of maintenance of a fair and orderly market in the based on the net asset value next computed after security to which the exchange extends unlisted subject security. receipt of an investor’s request to purchase, redeem, trading privileges.’’ 17 CFR 240.12f–5.

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.112 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56011 equity securities and will be subject to creation, and specify that WEBS are not adequate information to generally the Exchange’s existing general rules individually redeemable. determine the intra-day value of a given that govern the trading of equity The Exchange also drafted an WEBS series. The Commission expects securities.23 In addition, proposed information circular that will be the Exchange to monitor the Exchange Rules 3.2(k), ‘‘Investment distributed to all Exchange members disseminated Values and, if the Company Units,’’ and 3.5(h), before trading of WEBS begins on the Exchange determines that a Value does ‘‘Investment Company Units: Continued Exchange. The Commission has not closely track the applicable WEBS Listing Criteria,’’ which contain specific reviewed this draft information circular series, arrange to disseminate an listing and delisting criteria to and believes it adequately explains the adequate alternative. unique characteristics and risks of accommodate the trading of Units, will D. Surveillance of WEBS Trading apply to the trading of WEBS.24 These WEBS. The circular also identifies provisions should help to ensure that a Exchange member responsibilities. For The Commission notes that the minimum level of liquidity exists in example, before an Exchange member Exchange submitted confidential each WEBS series to facilitate the undertakes to recommend a transaction surveillance procedures regarding the maintenance of fair and orderly markets. in WEBS, the member should make a trading of WEBS on its equity floor. The The delisting criteria will allow the determination that such WEBS Commission believes that the Exchange to consider the suspension of transaction is suitable for its customer. surveillance procedures adequately trading and the delisting of a series of The circular also addresses members’ address concerns associated with the Units (including WEBS), if an event responsibility to deliver a prospectus to trading of WEBS, including concerns were to occur that made further dealings investors purchasing WEBS, and attendant to the purchase and in such securities inadvisable. This highlights that WEBS are redeemable redemption of Creation Units. provision will give the Exchange the only in Creation Unit size Specifically, the Commission believes requisite flexibility to suspend or delist aggregations.26 The Commission notes that the surveillance procedures should trading in WEBS if circumstances that the Exchange’s draft information help the Exchange to monitor specialists warrant. Accordingly, the Commission circular is very similar to the WEBS purchasing and redeeming Creation believes that the Exchange’s rules in circulars prepared by the Amex and Units, and ensure compliance with CHX that were previously reviewed by Exchange Rules 5.29(f), ‘‘Specialist general, and proposed Exchange Rules 27 3.2(k) and 3.5(h), in particular, provide the Commission. Responsibility,’’ and 5.33(a), adequate safeguards to prevent ‘‘Specialist Trading.’’ C. Dissemination of WEBS Portfolio The Commission believes that manipulative acts and practices and to Information adequate safeguards are in place to protect investors and the public 25 The Commission believes that the prevent the abuse of inside information interest. dissemination of the Values for the relating to the composition of the MSCI B. Disclosure of Investors and Exchange seventeen WEBS series will provide Indices. In the Amex WEBS Approval Members investors with timely and useful Order, the Commission discussed abuse information concerning the value of of information concerns that arise when The Commission believes that the WEBS, on a per WEBS basis. The a broker-dealer is involved in the Exchange’s proposal provides for Commission notes that this information development and maintenance of a adequate disclosure to investors relating will be disseminated through the stock index underlying a derivative to the terms, characteristics, and risks of facilities of the CTA and will closely product. The Commission believes that trading WEBS. All investors purchasing approximate the value, per WEBS share, procedures to prevent the misuse of WEBS on the Exchange will receive a of the portfolio of securities for each material, non-public information prospectus regarding the specific WEBS WEBS series. The Values will be regarding changes to component stocks product. Because the WEBS proposed to disseminated every 15 seconds during in the MSCI Indices have been adopted be traded on the Exchange will be in the Exchange’s regular trading hours, and should help to address concerns continuous distribution, the prospectus and will be available to all investors, raised by Morgan Stanley’s role in delivery requirements of the Securities irrespective of the exchange market on maintaining the MSCI Indices. Act of 1933 will apply to both the initial which a transaction is executed. Also, E. Specialist Activities purchasers and to investors purchasing because each Value is expected to such WEBS in the secondary market on closely track the applicable WEBS The Commission finds that it is the Exchange. The prospectus will series, the Commission believes the consistent with the Act to allow a address the special characteristics of Values will provide investors with specialist registered in a security issued WEBS, including a statement regarding by an Investment Company to purchase their redeemability and method of 26 The Exchange confirmed with the Commission or redeem the security from the issuer, that PCX members may rely on certain exemptive as appropriate, to facilitate the and no-action relief regarding WEBS that the 23 Such general rules include, for example, maintenance of a fair and orderly Commission previously provided to the Amex. The margin and net capital rules, the short sale rule, Commission gave to Amex exemptive relief from market in that security. The trading halt provisions, customer suitability Rules 10a–1, 10b–6, 10b–7, 10b–10, 10b–13, and Commission generally believes that requirements, trading hours, and minimum trading 10b–17 under the Act; and no-action relief for such market activities should enhance increments. Section 11(d)(1) of the Act and Rules 11d1–2, 15c1– 24 liquidity in the security and facilitate a The Commission notes that the Exchange’s 5 and 15c1–6 thereunder. To the extent that rules for listing and delisting Units are substantially Regulation M supersedes Rules 10b–6 and 10b–7, specialist’s market making similar to companion rules adopted by the Amex Exchange members may continue to rely upon the responsibilities. In addition, because a and CHX. relief regarding those two rules. See Letter from WEBS specialist will be required to 25 The Commission also believes that the Robert P. Pacileo, Staff Attorney, Regulatory Policy, purchase and redeem WEBS only on the proposed rule change should help protect investors Exchange, to Michael A. Walinskas, Associate and the public interest, and help perfect the Director, Division of Market Regulation, mechanisms of a national market system, in that it Commission, dated May 11, 1999; and letter from 27 Exchange Rule 5.29(f) specifies that, ‘‘a will allow for the trading of WEBS on the Exchange Nancy J. Sanow, Assistant Director, Division of Specialist is to engage in a course of dealings for pursuant to unlisted trading privileges, making Market Regulation, Commission, to Donald R. his own account to assist in the maintenance, WEBS more broadly available to the investing Crawshaw, Sullivan & Cromwell, dated April 17, insofar as reasonably practicable, of a fair and public. 1996. orderly market on the Exchange.’’

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.113 pfrm02 PsN: 15OCN1 56012 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices same terms and conditions as any other trade WEBS pursuant to unlisted trading SECURITIES AND EXCHANGE investor (and only at the NAV), and privileges; (ii) treatment of the COMMISSION Creation Unit transactions occur Malaysian Index Series WEBS; (iii) [Release No. 34±41991; File No. SR±Phlx± through the Fund Distributor, the review of specialist trading activity in 99±27] Commission believes that the potential WEBS; and (iv) the dissemination of for abuse is minimized. Furthermore, NAVs. Lastly, Amendment No. 1 Self-Regulatory Organizations; Notice the Exchange’s surveillance procedures confirms that Exchange members may of Filing and Immediate Effectiveness should help the Exchange to monitor rely on certain exemptive and no-action of Proposed Rule Change and specialist trading activity and determine relief regarding WEBS, which the Amendment Numbers 1 and 3 Thereto whether a specialist’s transaction was Commission previously provided to the by the Philadelphia Stock Exchange, effected to maintain fair and orderly Amex.29 Inc. Relating to the Exchange's markets, or for some improper or Based on the above, the Commission Allocation, Evaluation and Securities speculative purpose. Finally, the finds that good cause exists, consistent Committee Provisions Commission notes that its approval of with Sections 6(b)(5) and 19(b)(2) of the this aspect of the Exchange’s proposal Act,30 to accelerate approval of October 7, 1999. does not address any other requirements Amendment No. 1 to the proposed rule Pursuant to Section 19(b)(1) of or obligations under the federal change. Securities Exchange Act of 1934 1 2 securities laws that may be applicable.28 (‘‘Act’’), and Rule 19b–4 thereunder, The Commission finds good cause for IV. Solicitation of Comments notice is hereby given that on October approving proposed Amendment No. 1 Interested persons are invited to 1, 1999, the Philadelphia Stock prior to the thirtieth day after the date submit written data, views, and Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) of publication of notice of filing thereof arguments concerning Amendment No. filed with the Securities and Exchange Commission (‘‘Commission’’) the in the Federal Register. Amendment 1, including whether Amendments No. proposed rule change.3 On October 1, No. 1 provides additional information 1 is consistent with the Act. Persons 1999, the Exchange submitted responsive to Commission staff making written submissions should file Amendment No. 1 to the proposed rule concerns and proposes several revisions six copies thereof with the Secretary, change 4 and on October 5, 1999, the that strengthen the Exchange’s proposed Securities and Exchange Commission, Exchange submitted Amendment No. rule change. First, Amendment No. 1 450 Fifth Street, NW., Washington, DC 2.5 provides confidential surveillance 20549–0609. Copies of the submissions, The proposed rule change, as procedures that describe how the all subsequent amendments, all written amended, is described in Items I, II, and Exchange will monitor trading in WEBS. statements with respect to the proposed III below, which Items have been The Commission believes that the rule change that are filed with the prepared by the Exchange. The procedures are well designed and will Commission, and all written Commission is publishing this notice to help the Exchange detect trading abuses communications relating to the solicit comments on the proposed rule and safeguard the integrity of WEBS proposed rule change between the change from interested persons. trading on the Exchange. Amendment Commission and any persons, other I. Self-Regulatory Organization’s No. 1 also proposes Commentaries .02 than those that may be withheld from Statement of the Terms of Substance of and .03 to Exchange Rule 5.33(a), which the public in accordance with the the Proposed Rule Change clarify that: (i) Exchange specialists may provisions of 5 U.S.C. 552, will be The Phlx proposes to amend redeem and create WEBS only on the available for inspection and copying in Exchange Rule 511(b), Specialist same terms and conditions as any other the Commission’s Public Reference Performance Evaluation, to reflect the investor, and only at the NAV; and (ii) Section, 450 Fifth Street, NW., view of the Allocation, Evaluation and Exchange specialists registered in an Washington, DC 20549. Copies of such Securities Committee (‘‘Committee’’) Investment Company security may filing will also be available for that voluntary delisting of options book purchase and redeem the listed inspection and copying at the principal by option specialists, done in the best Investment Company security, or office of the Exchange. All submissions interest of the Exchange and to securities that can be subdivided or should refer to File No. SR–PCX–98–29 encourage a better use of Exchange and converted into the listed Investment and should be submitted by November Company security, from the issuer as 5, 1999. 1 15 U.S.C. 78s(b)(1). appropriate to facilitate the maintenance V. Conclusion 2 17 CFR 240.19b–4. of a fair and orderly market in the 3 The Exchange submitted its proposal on subject security. These provisions It is Therefore ordered, pursuant to September 9, 1999. However, because of the establish appropriate limitations on the Section 19(b)(2) of the Act,31 that the substantive nature of Amendment No. 1, the trading activities of Exchange Commission deems the proposal effective on proposed rule change (SR–PCX–98–29), October 1, 1999, the date of filing of Amendment specialists, but also provide the as amended, is approved. No. 1. flexibility necessary to maintain fair and 4 For the Commission, by the Division of In Amendment No. 1, the Exchange amended its orderly markets. Market Regulation, pursuant to delegated proposed rule language to clarify that only voluntary delisting of options books done in the Amendment No. 1 also clarifies authority.32 several aspects of the proposal, best interest of the Exchange will not be viewed Margaret H. McFarland, negatively by the Committee. See Letter from including: (i) the Exchange’s intent to Deputy Secretary. Richard S. Rudolph, Counsel, Phlx, to Terry Evans, Attorney, Division of Market Regulation 28 The Commission notes that with respect to [FR Doc. 99–26897 Filed 10–14–99; 8:45 am] (‘‘Division’’), Commission, dated September 30, WEBS, broker-dealers and other persons are BILLING CODE 8010±01±M 1999 (‘‘Amendment No. 1’’). cautioned in the prospectus and/or the Fund’s 5 In Amendment No. 2, the Exchange made a Statement of Additional Information that some minor technical change to its proposed rule 29 activities on their part may, depending on the See supra note 5 for a more detailed language to conform such language to the rule as circumstances, result in their being deemed description of Amendment No. 1. currently drafted. See Letter from Richard S. statutory underwriters and subject them to the 30 15 U.S.C. 78f(b)(5) and 78s(b)(2). Rudolph, Counsel, Phlx, to Terry Evans, Attorney, prospectus delivery and liability provisions of the 31 15 U.S.C. 78s(b)(2). Division, Commission, dated October 4, 1999 Securities Act of 1933. 32 17 CFR 200.30–3(a)(12). (‘‘Amendment No. 2’’).

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56013 specialist resources, will not be of time. All allocations shall initially be Rule 511(b), the Phlx Board of considered negatively in the made on a temporary basis for a period Governors has instructed the Committee Committee’s decision making process. of up to 90 days within which time the not to view voluntary delisting of Specifically, the proposed amended Committee may commence a special options books by options specialist rule will include a clause reflecting that, review pursuant to Rule 515(b). The units in a negative light. solely with respect to options books Committee is empowered to grant equity In response, the Phlx is proposing to allocations or reallocations, past or books or option classes for a limited codify the Board’s and the Committee’s contemplated voluntary delisting of period of time or subject to such other view that such voluntary delisting, done options books by options specialists, terms and conditions as it deems in the best interest of the Exchange and done in the best interest of the appropriate. to encourage a better use of Exchange Exchange, will not be viewed negatively * * * * * and specialist resources, will not be by the Committee in making allocation considered negatively in the and reallocation decisions. The text of II. Self-Regulatory Organization’s Committee’s decision making process. the proposed rule change follows. New Statement of the Purpose of, and text is italicized. Statutory Basis for, the Proposed Rule Furthermore, the Committee has Change determined that, in the best interest of Specialist Performance Evaluation In its filing the Commission, the the Exchange, options books that are Rule 511. (a) No change. Exchange included statements voluntarily delisted by options (b) Allocations. The Committee shall concerning the purpose of and basis for specialist units will not be allocate new equity books and options the proposed rule change and discussed automatically resolicited for assignment classes, approved transfers or reallocate any comments it received on the to other options specialists on the existing equity books and options proposed rule change. The text of these Exchange Options Floor.7 However, classes to applicants based on the statements may be examined at the options specialists wishing to be results of the evaluations conducted places specified in Item IV below. The assigned as the specialist in an options pursuant to Rule 515 and such other Exchange has prepared summaries, set book that has been voluntarily delisted factors as the Committee deems forth in Sections A, B, and C below, of by another options specialist unit will appropriate. Among the factors that the the most significant aspects of such not be precluded from submitting an Committee may consider in making statements. Application for Approval as an Options such decisions are: the number and type Specialist Unit in such an options book of securities in which applicants are A. Self-Regulatory Organization’s to the Committee. Upon receipt of such currently registered; the personnel, Statement of the Purpose of, and an application, the Committee will capital and other resources of the Statutory Basis for, the Proposed Rule consider, and vote upon, the application applicant; recent allocation decisions Change in accordance with the applicable within the past eighteen months; the 1. Purpose Exchange rules.8 desirability of encouraging the entry of new specialists into the Exchange’s The purpose of the proposed rule 2. Statutory Basis market; order flow commitments; any change is to allow options specialists to For these reasons, the proposed rule prior transfers of specialist privileges by voluntarily delist certain inactive change is consistent with Section 6 of the applicant and the reasons therefore options books in the best interest of the the Act 9 in general, and in particular, and such policies as the Board instructs Exchange, due to recent concerns raised with Section 6(b)(5),10 in that it is the Committee to follow in allocating or regarding computer capacity and designed to remove impediments to and reallocating securities. Solely with physical space on the Exchange’s perfect the mechanism of a free and respect to options book allocations or Options Trading Floor, without being open market and a national market reallocations, past or contemplated penalized by the Committee in its voluntary delisting of options books by consideration of future applications for system, as well as to protect investors options specialists, done in the best options specialist privileges. and the public interest, by allowing interest of the Exchange, will not be To maximize trading floor space and Exchange options specialist to viewed negatively by the Committee in computer capacity, it may become voluntarily delist options books to making allocation and reallocation important for options specialist units to ensure that adequate computer capacity decisions. Solvely with respect to equity relinquish less active options books. and physical floor space exist on the book allocations or reallocations, the However, there may be a perception Exchange Options Floor to serve the Committee may consider the number of among options specialists that delisting marketplace. primary issues in which the applicant is options books might be viewed in a B. Self-Regulatory Organization’s currently registered; the number of negative light by the Committee in Statement on Burden on Competition securities the applicant currently has making future allocation and registered on PACE and the level of reallocation decisions.6 Consistent with The Phlx does not believe that the commitments he has made; and proposed rule change will impose any securities the applicant recently has 6 Currently, Exchange Rule 511(b) enumerates inappropriate burden on competition. specific factors the Committee may consider in applied to remove from PACE or in making option allocation, transfer and reallocation 7 which the applicant has resigned as decisions, including the number and type of The Exchange believes that under Article X, specialist. Recognition is given that securities in which applicants are currently Section 10–7, the Committee has the authority to determine that options books that are voluntarily evaluation results may not be available registered; the personnel, capital and other resources of the applicant; recent allocation delisted by options specialist units will not be for new specialist units or recently decisions within the past eighteen months; the automatically resolicited for assignment to other reorganized Registrants. The Committee desirability of encouraging the entry of new options specialist. Telephone conversation between may establish separate or additional specialists into the Exchange’s market; order flow Richard S. Rudolph, Counsel, Phlx, and Terry Evans, Attorney, Division, Commission, on October criteria for evaluating new or recently commitments; any prior transfers of specialist privileges by the applicant and the reasons therefor 7, 1999. reorganized Registrants, particularly and such policies as the Board instructs the 8 See Exchange Rules 500–599. where evaluation results are unavailable Committee to follow in allocating and reallocating 9 15 U.S.C. 78f. or are only available for a limited period securities. 10 15 U.S.C. 78f(b)(5).

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.116 pfrm02 PsN: 15OCN1 56014 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

C. Self-Regulatory Organization’s For the Commission, by the Division of STATE DEPARTMENT Statement on Comments on the Market Regulation, pursuant to delegated # Proposed Rule Change Received From authority.13 [Public Notice 3132] Members, Participants, or Others Margaret H. McFarland, Overseas Security Advisory Council The Exchange neither solicited nor Deputy Secretary. (OSAC) Meeting Notice; Closed received written comments. [FR Doc. 99–26895 Filed 10–14–99; 8:45 am] Meeting BILLING CODE 8010±01±M III. Date of Effectiveness of the The Department of State announces a Proposed Rule Change and Timing for meeting of the U.S. State Department— Commission Action Overseas Security Advisory Council on The foregoing proposed rule change, DEPARTMENT OF STATE November 2, 3, and 4, at the Department as amended: (1) Does not significantly of State in Washington, DC. Pursuant to affect the protection of investors or the section 10(d) of the Federal Advisory [Public Notice 3136] public interest; (2) does not impose any Committee Act and 5 U.S.C. 552b(c)(1) significant burden on competition; and Culturally Significant Objects Imported and (4), it has been determined the (3) does not become operative for 30 for Exhibition meeting will be closed to the public. days from the date on which it was Matters relative to classified national filed. In addition, the Exchange Determinations: ``The Arts of Korea: security information as well as provided the Commission with written Ancient to Modern'' privileged commercial information will notice of its intent to file the proposed be discussed. The agenda calls for the rule change at least five business days DEPARTMENT: United States Department discussion of classified and corporate prior to the filing date. Therefore, it has of State. proprietary/security information as well become effective pursuant to section as private sector physical and 19(b)(3)(A) of the Act 11 and Rule 19b– ACTION: Notice. procedural security policies and 4(f)(6) 12 thereunder. protective programs at sensitive U.S. At any time within 60 days of the SUMMARY: Notice is hereby given of the Government and private sector locations filing of the proposed rule change, the following determinations: Pursuant to overseas. Commission may summarily abrogate the authority vested in me by the Act of For more information contact Marsha such rule change if it appears to the October 19, 1965 (79 Stat. 985, 22 U.S.C. Thurman, Overseas Security Advisory Commission that such action is 2459), the Foreign Affairs Reform and Council, Department of State, necessary or appropriate in the public Restructuring Act of 1998 (112 Stat. Washington, DC 20522–1003, phone: interest, for the protection of investors, 2681 et seq.), and Delegation of 202–663–0869. or otherwise in furtherance of the Authority No. 234 of October 1, 1999, I Dated: September 23, 1999. purposes of the Act. hereby determine that the objects to be Wayne Rychak, IV. Solicitation of Comments included in the exhibit, ‘‘The Arts of Korea: Ancient to Modern’’ imported Acting Director of the Diplomatic Security Service, Department of State. Interested persons are invited to from abroad for the temporary submit written data, views and exhibition without profit within the [FR Doc. 99–26979 Filed 10–14–99; 8:45 am] arguments concerning the foregoing, United States, are of cultural BILLING CODE 4710±24±P including whether the proposed rule significance. These objects are imported change, as amended, is consistent with pursuant to loan agreements with the DEPARTMENT OF STATE the Act. Persons making written foreign lenders. I also determine that the submissions should file six copies exhibition or display of the exhibit [Delegation of Authority No. 234] thereof with the Secretary, Securities objects at the Los Angeles County and Exchange Commission, 450 Fifth Museum of Art, Los Angeles, California, Delegation of Authority Street, NW., Washington, DC 20549– from on or about October 20, 1999 to on 0609. Copies of the submission, all By virtue of the authority vested in or about October 11, 2001, is in the subsequent amendments, all written me as Secretary of State, including national interest. Public Notice of these statements with respect to the proposed section 1 of the Basic Authorities Act determinations is ordered to be rule change that are filed with the (22 U.S.C. 2651a); the Foreign Affairs published in the Federal Register. Commission, and all written Reform and Restructuring Act of 1998 communications relating to the FOR FURTHER INFORMATION CONTACT: For (112 Stat. 2681 et seq.); Reorganization proposed rule change between the further information, including a list of Plan No. 2 of 1977 dated October 11, Commission and any person, other than exhibit objects, contact Paul W. 1977; and executive orders specified those that may be withheld from the Manning, Attorney-Adviser, Office of below, I hereby delegate the following public in accordance with the the Legal Adviser, 202/619–5997, and functions that are or were vested in the provisions of 5 U.S.C. 552, will be the address is Room 700, United States Director of the United States available for inspection and copying in Department of State, 301 4th Street, SW, Information Agency or in that Agency the Commission’s Public Reference Washington, DC 20547–0001. and are now or will be vested in me: Room in Washington, DC. Copies of Dated: October 8, 1999. such filing will also be available for Section 1. Delegation of Functions inspection and copying at the principal Evelyn S. Lieberman, (a) To the Under Secretary of State for office of the Exchange. All submissions Under Secretary for Public Diplomacy and Public Diplomacy and Public Affairs: should refer to File No. SR–Phlx–99–27 Public Affairs, United States Department of State. (1) International Educational and and should be submitted by November Cultural Exchange 5, 1999. [FR Doc. 99–26980 Filed 10–14–99; 8:45 am] BILLING CODE 4710±08±P The functions related to educational 11 15 U.S.C. 78s(b)(3)(A). and cultural exchange, including 12 17 CFR 240.19b–4(f)(6). 13 17 CFR 200.30–3(a)(12). functions provided for in: the Mutual

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.117 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56015

Educational and Cultural Exchange Act (9) Arts and Artifacts Indemnification or authority delegated or reserved by of 1961, as amended (the Fulbright-Hays The functions in the Arts and this delegation of authority. Act) (22 U.S.C. 2451 et seq.); sections 1, Artifacts Indemnity Act (20 U.S.C. 971 (b) Notwithstanding any provision of 2, and 5 of Executive Order 11034, June et seq.) (relating to the certification of Section 1, the Under Secretary for 24, 1962; section 7(a)(2) of the national interest for exhibits to Management shall exercise those Reorganization Plan No. 2 of 1977; and provide indemnification). functions related to the general sections 4 and 5 of Executive Order management of the Department that are 12048, March 27, 1978. (10) Immunity from Judicial Seizure or were vested in the Director of USIA or the Agency and are now or will be (2) Dissemination of Information The functions in Public Law 89–259 vested in the Secretary. Abroad About the United States (79 Stat. 985) (22 U.S.C. 2459) (providing for immunity from judicial (c) Functions delegated by this The functions related to the seizure for cultural objects imported delegation of authority may be dissemination of information abroad into the U.S. for temporary exhibits). redelegated, to the extent consistent about the United States and related with law. (11) Board Memberships functions including those functions in (d) Any reference in this delegation of the United States Information and Representation of the Secretary on: authority to any act, order, Educational Exchange Act of 1948, as (A) The Board of Trustees of the John determination, delegation of authority, amended (the Smith-Mundt Act) (22 F. Kennedy Center for the Performing regulation, or procedure shall be U.S.C. 1431 et seq.). Arts (20 U.S.C. 76h(a)). deemed to be a reference to such act, (B) The Federal Council on the Arts order, determination, delegation of (3) Exchange Visitor Program and Humanities (20 U.S.C. 958). authority, regulation, or procedure as amended from time to time. The functions in sections 101(a)(15)(J) (C) The President’s Committee on the (e) This delegation shall be published and 212(j) of the Immigration and Arts and Humanities (Executive Order in the Federal Register. Naturalization Act (8 U.S.C. 12367, June 15, 1982) (one of two 1101(a)(15)(J) and 1182(j)), and section members appointed by the Secretary). Dated: October 1, 1999. (D) United States Panel of the Joint 641 of Public Law 104–208 (8 U.S.C. Madeleine K. Albright, Committee on United States—Japan 1372(h)(2)(A)) (relating to designation of Secretary of State. Cultural and Educational Cooperation / exchange visitor programs and related Japan—United States Friendship [FR Doc. 99–26978 Filed 10–14–99; 8:45 am] functions). Commission (22 U.S.C. 2901 et seq.) BILLING CODE 4710±10±P (4) North-South Center (one of two members appointed by the Secretary). The functions in the North South OFFICE OF THE UNITED STATES Center Act of 1991 (22 U.S.C. 2075) (12) Circular 175 Authority TRADE REPRESENTATIVE (relating to the operation of the Center Authority to negotiate, sign and for Cultural and Technical Interchange terminate treaties and other United States-Israel Free Trade Area Between North and South). international agreements and to Implementation Act; Designation of Qualifying Industrial Zones (5) East-West Center authorize the negotiation, signature and termination of treaties and other AGENCY: Office of the United States The functions in the Center for international agreements by other Trade Representative. Cultural and Technical Interchange Act United States Government officials. ACTION: Notice. of 1960 (22 U.S.C. 2055) (relating to the (13) Other Functions operation of the Center for Cultural and SUMMARY: Under the United States— Technical Interchange Between East and Other functions of the Director of the Israel Free Trade Area Implementation West). United States Information Agency or of Act (‘‘the ‘‘IFTA Act’’), products of that Agency and now vested in the (6) Cultural Property qualifying industrial zones Secretary which are not otherwise encompassing portions of Israel and The functions in Executive Order provided for in this delegation. Jordan or Israel and Egypt are eligible to 12555 of March 10, 1986 delegating (b) To the Under Secretary for receive duty-free treatment. Effective functions under the Convention on Management: upon publication of this notice, the Cultural Property Implementation Act The functions related to recycling fees United States Trade Representative, (19 U.S.C. 2601). Delegation of under section 810 of the Smith-Mundt pursuant to authority delegated by the Authority 159 is hereby revoked. Act, as amended (22 U.S.C. 1475e) and President, is designating the Al-Kerak under Public Law 105–277, section 2412 Industrial Estate, the Ad-Dulayl (7) National Endowment for Democracy (112 Stat. 2681–832). Industrial Park, and the Al-Tajamouat (c) To the Assistant Secretary for Industrial City as qualifying industrial The functions in the National Consular Affairs: zones under the IFTA Act. Endowment for Democracy Act (22 The functions related to waiver of the U.S.C. 4412) (relating to the grant foreign residence requirement under the FOR FURTHER INFORMATION CONTACT: program with the National Endowment exchange visitor program pursuant to Laura Lane, Director for the Middle East for Democracy). sections 212(e) and 214(l)(1)(A) of the and Mediterranean, (202) 395–9569, Office of USTR, 600 17th Street, NW, (8) Broadcasting Board of Governors Immigration and Naturalization Act (8 U.S.C. 1182(e) and 1184(l)(1)(A)). Washington, D.C. 20508. Representation of the Secretary on the SUPPLEMENTARY INFORMATION: Pursuant Broadcasting Board of Governors, Section 2. General Provisions to authority granted under section 9 of including the authority to provide (a) Notwithstanding any other the United States-Israel Free Trade Area foreign policy guidance, pursuant to the provision of this order, the Secretary of Implementation Act of 1985, as United States International Broadcasting State or the Deputy Secretary of State amended (19 U.S.C. 2112 note), the Act of 1994 (22 U.S.C. 6201 et seq.). may at any time exercise any function President proclaimed certain tariff

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 56016 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices treatment for the West Bank, the Gaza customs control of the respective FOR FURTHER INFORMATION CONTACT: Jan Strip, and qualifying industrial zones Governments. The Government of Israel Thor, Standards Staff, at the address (Proclamation 6955 of November 13, and the Government of Jordan further above, telephone (425) 227–2127. 1996 (61 FR 58761)). In particular, the agreed that merchandise may enter SUPPLEMENTARY INFORMATION: President proclaimed modifications to these areas without payment of duty or general notes 3 and 8 of the Harmonized excise taxes. Accordingly, the Al-Kerak Comments Invited Tariff Schedule of the United States: (a) Industrial Estate, the Ad-Dulayl Interested persons are invited to To provide duty-free treatment to Industrial Park, and the Al-Tajamouat comment on the proposed AC by qualifying articles that are the product Industrial City meet the criteria under submitting such written data, views, or of the West Bank or Gaza Strip or a paragraphs 9(e)(1) and (2) of the IFTA arguments as they may desire. qualifying industrial zone and are Act. Commenters should identify AC entered in accordance with the Therefore, pursuant to the authority 25.491–1 and submit comments, in provisions of section 9 of the IFTA Act; delegated to me by the President in duplicate, to the address specified (b) to provide that articles of Israel may Proclamation 6955, I hereby designate above. All communications received on be treated as though they were articles the Al-Kerak Industrial Estate, the Ad- or before the closing date for comments directly shipped from Israel for the Dulayl Industrial Park, and the Al- will be considered by the Transport purposes of the United States—Israel Tajamouat Industrial City as qualifying Standards Staff before issuing the final Free Trade Area Agreement (‘‘the industrial zones under section 9 of the AC. The proposed AC can be found and Agreement’’) even if shipped to the IFTA Act, effective upon the date of downloaded from the Internet at http:/ United States from the West Bank, the publication of this notice, applicable to /www.faa.gov/avr/air/airhome.htm, at Gaza Strip, or a qualifying industrial goods shipped from these qualifying the link titled ‘‘Draft AC’s.’’ A paper zone, if the articles otherwise meet the industrial zones after such date. copy of the proposed AC may be requirements of the Agreement; and (c) obtained by contacting the person to provide that the cost or value of Dated: October 8, 1999. named above under the caption FOR materials produced in the West Bank, Charlene Barshefsky, FURTHER INFORMATION. the Gaza Strip, or a qualifying industrial United States Trade Representative. Discussion zone may be included in the cost or [FR Doc. 99–26880 Filed 10–14–99; 8:45 am] value of materials produced in Israel BILLING CODE 3190±01±M This proposed AC sets forth under section 1(c)(i) of Annex 3 of the acceptable methods of compliance with Agreement, and that the direct costs of the provisions of 14 CFR § 25.491 processing operations performed in the dealing with the certification West Bank, the Gaza Strip, or a DEPARTMENT OF TRANSPORTATION requirements for taxi, takeoff and qualifying industrial zone may be landing roll design loads. Guidance included in the direct costs of Federal Aviation Administration information is provided for showing processing operations performed in compliance with that regulation relating Israel under section 1(c)(ii) of Annex 3 Proposed Advisory Circular 25.491±1, to structural design for airplane of the Agreement. Taxi, Takeoff and Landing Roll Design operation on paved runways and Section 9(e) of the IFTA Act defines Loads taxiways normally used in commercial a ‘‘qualifying industrial zone’’ as an area operation. Other methods of compliance AGENCY: that ‘‘(1) encompasses portions of the Federal Aviation with the requirements may be territory of Israel and Jordan or Israel Administration, DOT. acceptable. and Egypt; (2) has been designated by ACTION: Notice of availability of Issued in Renton, Washington, on October local authorities as an enclave where proposed Advisory Circular (AC) 7, 1999. merchandise may enter without 25.491–1, and request for comments. Donald L. Riggin, payment of duty or exercise taxes; and Acting Manager, Transport Airplane (3) has been specified by the President SUMMARY: This notice announces the Directorate, Aircraft Certification Service, as a qualifying industrial zone.’’ In availability of and requests comments ANM–100. Proclamation 6955, the President on a proposed advisory circular (AC) [FR Doc. 99–26954 Filed 10–14–99; 8:45 am] delegated to the United States Trade which sets forth acceptable methods of BILLING CODE 4910±13±M Representative the authority to compliance with 14 CFR 25.491 designate qualifying industrial zones. concerning taxi, takeoff and landing roll On March 13, 1998 (63 FR 12572), I design loads. This notice is necessary to DEPARTMENT OF TRANSPORTATION designated the Irbid Qualifying give all interested persons an Industrial Zone as a qualifying opportunity to present their views on Surface Transportation Board industrial zone under section 9 of the the proposed AC. IFTA Act. Additionally, on March 19, [STB Docket No. AB±6 (Sub±No. 386X)] DATES: Comments must be received on 1999 (64 FR 13623), I designated the or before December 14, 1999. The Burlington Northern and Santa Fe Gateway Projects Industrial Zone and Railway CompanyÐAbandonment ADDRESSES: the expanded Irbid Qualifying Industrial Send all comments on ExemptionÐin Barnes County, ND Zone as qualifying industrial zones proposed AC to: Federal Aviation under section 9 of the IFTA Act. Administration, Attention: James D. The Burlington Northern and Santa Fe In an agreement dated September 16, Haynes, Airframe and Cabin Safety Railway Company (BNSF) has filed a 1999, the Government of Israel and the Branch, ANM–115, Transport Airplane verified notice of exemption under 49 Government of Jordan agreed to the Directorate, Aircraft Certification CFR 1152 subpart F—Exempt creation of three additional qualifying Service, 1601 Lind Avenue SW, Renton, Abandonments to abandon its line of industrial zones: the Al-Kerak Industrial WA 98055–4056. Comments may be railroad between BNSF milepost 69.05 Estate, the Ad-Dulayl Industrial Park, inspected at the above address between and BNSF milepost 61.19, near Valley and the Al-Tajamouat Industrial City. 7:30 a.m. and 4:00 p.m. weekdays, City, in Barnes County, ND, a total These zones encompass areas under the except Federal holidays. distance of 7.86 miles (line). The line

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.193 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56017 traverses United States Postal Service or misleading information, the Enforcement Training Center, Glynco, Zip Code 58072. exemption is void ab initio. GA 31524, 912–267–2322. BNSF has certified that: (1) No local BNSF has filed an environmental SUPPLEMENTARY INFORMATION: Pursuant traffic has moved over the line for at report which addresses the to the Federal Advisory Committee Act least 2 years; (2) any overhead traffic on abandonment’s effects, if any, on the of October 6, 1972, (Pub. L. 92–463, as the line can be rerouted over other lines; environment and historic resources. The amended), and with the approval of the (3) no formal complaint filed by a user Section of Environmental Analysis Secretary of the Treasury and the of rail service on the line (or by a state (SEA) will issue an environmental concurrence of the Office of or local government entity acting on assessment (EA) by October 20, 1999. Management and Budget, the Federal behalf of such user) regarding cessation Interested persons may obtain a copy of Law Enforcement Training Center of service over the line either is pending the EA by writing to SEA (Room 500, announces the renewal of the Advisory with the Surface Transportation Board Surface Transportation Board, Committee to the National Center for (Board) or with any U.S. District Court Washington, DC 20423–0001) or by State and Local Law Enforcement or has been decided in favor of calling SEA, at (202) 565–1545. Training. The primary purpose of the complainant within the 2-year period; Comments on environmental and Advisory Committee is to provide a and (4) the requirements at 49 CFR historic preservation matters must be forum for discussion and interchange 1105.7 (environmental reports), 49 CFR filed within 15 days after the EA between a broad cross-section of 1105.8 (historic reports), 49 CFR becomes available to the public. representatives for the law enforcement 1105.11 (transmittal letter), 49 CFR Environmental, historic preservation, community and related training 1105.12 (newspaper publication), and public use, or trail use/rail banking institutions on training issues and 49 CFR 1152.50(d)(1) (notice to conditions will be imposed, where needs. Although FLETC representatives governmental agencies) have been met. appropriate, in a subsequent decision. As a condition to this exemption, any participate in the training committee Pursuant to the provisions of 49 CFR activities of the major police employee adversely affected by the 1152.29(e)(2), BNSF shall file a notice of abandonment shall be protected under membership associations, no forum consummation with the Board to signify exists which provides the broad Oregon Short Line R. Co.— that it has exercised the authority Abandonment—Goshen, 360 I.C.C. 91 representation required to meet the granted and fully abandoned the line. If needs of the National Center. The (1979). To address whether this consummation has not been effected by condition adequately protects affected uniqueness of the program requires an BNSF’s filing of a notice of appropriately selected and specifically employees, a petition for partial consummation by October 15, 2000, and revocation under 49 U.S.C. 10502(d) dedicated group. The Committee does there are no legal or regulatory barriers not duplicate functions being performed must be filed. Provided no formal to consummation, the authority to expression of intent to file an offer of within Treasury or elsewhere in the abandon will automatically expire. Federal Government. financial assistance (OFA) has been Board decisions and notices are received, this exemption will be available on our website at Dated: October 7, 1999. effective on November 14, 1999, unless ‘‘WWW.STB.DOT.GOV.’’ Hobart M. Henson, stayed pending reconsideration. Director, National Center for State and Local Petitions to stay that do not involve By the Board, David M. Konschnik, Law Enforcement Training. Director, Office of Proceedings. environmental issues,1 formal [FR Doc. 99–26936 Filed 10–14–99; 8:45 am] Decided: October 6, 1999. expressions of intent to file an OFA BILLING CODE 4810±32±U under 49 CFR 1152.27(c)(2),2 and trail Vernon A. Williams, use/rail banking requests under 49 CFR Secretary. 1152.29 must be filed by October 25, [FR Doc. 99–26834 Filed 10–14–99; 8:45 am] 1999. Petitions to reopen or requests for BILLING CODE 4915±00±P U.S. TRADE DEFICIT REVIEW public use conditions under 49 CFR COMMISSION 1152.28 must be filed by November 4, 1999, with the Surface Transportation DEPARTMENT OF THE TREASURY Notice of Open Hearing of the U.S. Board, Office of the Secretary, Case Trade Deficit Review Commission Control Unit, 1925 K Street, NW, Federal Law Enforcement Training AGENCY: U.S. Trade Deficit Review Washington, DC 20423–0001. Center; Advisory Committee to the Commission. A copy of any petition filed with the National Center for State and Local ACTION: Notice of opeon public hearing. Board should be sent to applicant’s Law Enforcement Training; Renewal of representative: Sarah Whitley Bailiff, Charter SUMMARY: Notice is hereby given of the Esq., The Burlington Northern and AGENCY: Federal Law Enforcement following hearing of the U.S. Trade Santa Fe Railway Company, 2500 Lou Deficit Review Commission: Menk Drive, Fort Worth, TX 76131– Training Center, Treasury. Name: Murray Weidenbaum, Chairman 2828. If the verified notice contains false ACTION: Notice. of the U.S. Trade Deficit Review SUMMARY: The Charter for the Advisory Commission 1 The Board will grant a stay if an informed decision on environmental issues (whether raised Committee to the National Center for The Commission is mandated to by a party or by the Board’s Section of State and Local Law Enforcement report to the Congress and the President Environmental Analysis in its independent Training at the Federal Law on the causes, consequences, and investigation) cannot be made before the Enforcement Training Center will renew exemption’s effective date. See Exemption of Out- solutions to the U.S. trade deficit. The of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any for a 2-year period beginning October purpose of this public hearing is to request for a stay should be filed as soon as possible 31, 1999. discuss related labor and environment so that the Board may take appropriate action before FOR FURTHER INFORMATION CONTACT: issues and trade in traditional the exemption’s effective date. 2 Each offer of financial assistance must be Hobart M. Henson, Director, National manufacturing. There will be two accompanied by the filing fee, which currently is Center for State and Local Law sessions, one in the morning and one in set at $1000. See 49 CFR 1002.2(f)(25). Enforcement Training, Federal Law the afternoon, for presentations by

VerDate 12-OCT-99 18:09 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\15OCN1.XXX pfrm01 PsN: 15OCN1 56018 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices invited witnesses on their views on the United States merchandise trade and current unrestricted by time, its functions will interrelationship between the trade accounts deficits and report its findings to be needed for the forseeable future. deficit and the topics of the hearing. the President and the Congress. By statute, The Designated Federal Official for There will be a question and answer the Commission must hold at least 4 regional the NRAC is James F. Burris, M.D., period between the Commissioners and field hearings and 1 hearing in Washington, Deputy Chief Research and DC. This is the first in a series of field the witnesses. hearings to be conducted. The schedule of Development Officer, phone number: Public participation is invited and hearings is available at the ustdrc.gov 202–273–8284. there will be an open-mike session for website. Dated: September 24, 1999. public comments at the conclusion of For the U.S. Trade Deficit Review By direction of the Secretary of the the afternoon session. Sign-up for the Commission. Department of Veterans Affairs. open-mike session will take place in the Dated at Washington, DC October 12, 1999. Marvin R. Eason, afternoon and will be on a first come Allan I. Mendelowitz, Committee Management Officer. first served basis. Each individual or group making an oral presentation will Executive Director, U.S. Trade Deficit Review [FR Doc. 99–27018 Filed 10–14–99; 8:45 am] Commission. be limited to a total time of 3 minutes. BILLING CODE 8320±01±M Because of time constraints, parties with [FR Doc. 99–27011 Filed 10–14–99; 8:45 am] BILLING CODE 6820±46±M common interests are encouraged to DEPARTMENT OF VETERANS designate a single speaker to represent AFFAIRS their views. Dates and Time: Friday, October 29, DEPARTMENT OF VETERANS Advisory Committee on Former 1999, 8:00 AM–5:00 PM Eastern Time AFFAIRS Prisoners of War, Notice of Meeting inclusive. Location of Hearing: The hearing will VA National Research Advisory The Department of Veterans Affairs be held at the Carnegie Museum of Art, Council, Notice of Establishment (VA) gives notice under Public Law 92– Museum of Art Theater, located at 4400 463 that a meeting of the Advisory Forbes Avenue, Pittsburgh, As required by section 9(a)(2) of the Committee on Former Prisoners of War Pennsylvania 15213. Public seating is Federal Advisory Committee Act, 5 will be held on October 25th through limited to about 180 seats and will be U.S.C. (App. 1), VA hereby gives notice 27th, 1999, at the Department of on a first come first served basis. Public of the establishment of the National Veterans Affairs, Carl T. Hayden Va parking is available and will cost $3 Research Advisory Council (NRAC). VA Medical Center, 650 East Indian School when parking ticket is validated by the has determined that establishing this Road, Phoenix, AZ 85012. The meeting Museum. Council is in the public interest. will be held in the Ambulatory Care FOR FURTHER INFORMATION CONTACT: Any The purview of the NRAC includes Clinic, Basement Level, NW Quadrant. member of the public wishing further the policies and programs of the VA Each day the meeting will convene at 9 information concerning the hearing or Research and Development Office for a.m. and end at 4:30 p.m. The meeting who wishes to submit oral or written carrying out a Congressionally- is open to the public. comments should contact Kathy mandated research program. NRAC will The purpose of the committee is to Michels, Administrative Officer for the provide advice and make advise the Secretary of Veterans Affairs U.S. Trade Deficit Review Commission, recommendations to the VA Chief on the administration of benefits under 444 North Capitol Street, NW, Suite 706, Research and Development Officer Title 38, United States Code, for Washington, DC 20001; phone 202–624– (CRADO), the Under Secretary for veterans who are former prisoners of 1407; fax 202–624–1406; or via e-mail Health, and the Secretary of Veterans war, and to make recommendations on at: [email protected]. Affairs on the nature and scope of the needs of such veterans for research sponsored and/or conducted by compensation, health care and Providing Oral or Written Comments at the Veterans Health Administration rehabilitation. the Pittsburgh Hearing (VHA) of the Department of Veterans The agenda for October 25 will begin Copies of the draft meeting agenda, Affairs. with an introduction of committee when available, may be obtained from The Council will consist of 12 members and dignitaries, a review of the U.S. Trade Deficit Review members and a Chairperson. Selection Committee reports, an update of Commission by going to the criteria will be based on expertise in the activities since the last meeting, and a Commission’s website at ustdrc.gov. following areas: (i) Basic biomedical period for POW veterans and/or the The commission requests that written research; (ii) rehabilitation research and public to address the committee. The public statements submitted for the development; (iii) health services Committee will also review the record be brief and concise and limited research and development; (iv) Secretary’s response to the November to two pages in length. Written cooperative studies research (multi- 1998 report of meeting, and receive comments (at least 35 copies) must be center trials in patients); (v) geriatric presentations on the Veterans Benefits received in the USTDRC Headquarters care; (vi) primary care; (vii) special Administration and Veterans Health Office in Washington, DC by Friday, veterans population health issues; (viii) Administration activities. The agenda October 15, 1999. Comments received occupational and environmental health on October 26 will include updates on too close to the hearing date will research; (ix) mental health and the Center for POW Studies, continuing normally be provided to the behavioral research; and (x) surgery. learning education seminars and final Commission Members at its hearing. Close attention will be given to report from the medical follow-up Written comments may be provided up equitable geographic distribution and to agency (on Mortality/Morbidity Study). until the time of the hearing. ethnic and gender representation. In On October 27, the Committee’s Medical addition, NRAC will include at least one Authority: The Trade Deficit Review and Administrative subcommittees will Commission Act, Pub. L. No. 105277, Div. A, veteran as a member in order to assure break out to discuss their activities and section 127, 112 Stat. 2681–547 (1998), that important perspective on the health report back to the Committee. established the Commission to study the problems of veterans. Because the Additionally, the Committee will nature, causes, and consequences of the NRAC performs an ongoing service review and analyze the comments

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.243 pfrm02 PsN: 15OCN1 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56019 discussed throughout the meeting for representatives. On Friday, October Meeting, Parke Board update, and the purpose of assisting and compiling 29th, the Committee will examine review of the 1999 Annual Meeting a final report to be sent to the Secretary. opportunities for partnership between Evaluations. The agenda for the Members of the public may direct VA and the Health Care Finance afternoon session of October 28, 1999, questions or submit prepared statements Administration (HCFA) in an effort to includes: 54th Annual Meeting plans, for review by the Committee in advance determine how minority veterans can 2001 and 2002 NAC Annual Meeting of the meeting, in writing only, to Mr. take advantage of medical care options planning, and membership report. Robert J. Epley, Director, Compensation available through Medicare and The agenda for the morning session of and Pension Service (21), Department of Medicaid. These sessions will be open October 29, 1999, includes: review Veterans Affairs, 810 Vermont Avenue, to the public. It will be necessary for recommendations approved at the 1999 NW., Washington, DC 20420. Submitted those wishing to attend the meeting to NAC Annual Meeting, subcommittee materials must be received by October contact Mr. Anthony T. Hawkins, reports, Standard Operating Procedure 15, 1999. A report of the meeting and Department of Veterans Affairs, at (202) Revisions, New Business, and a roster of Committee members may be 273–6708, before October 22, 1999. No presentation from Network 14 staff on a obtained from Mr. Epley. time will be allocated for receiving oral ‘‘Thanks Vets 2000’’ proposal. Dated: September 30, 1999. presentations from the public. However, The meeting is open to the public. By direction of the Secretary. the Committee will accept written Individuals interested in attending are Marvin R. Eason, comments from interested parties on encouraged to contact: Ms. Laura Balun, issues affecting minority veterans. Such Administrative Officer, Voluntary Committee Management Officer. comments should be referred to the Service Office (10C2), Department of [FR Doc. 99–27021 Filed 10–14–99; 8:45 am] Committee at the following address: Veterans Affairs, 810 Vermont Avenue, BILLING CODE 8320±01±M Advisory Committee on Minority NW, Washington, DC 20420, (202) 273– Veterans, Center for Minority Veterans 8392. (OOM), U.S. Department of Veterans DEPARTMENT OF VETERANS Dated: October 6, 1999. Affairs, 810 Vermont Avenue, NW, AFFAIRS Marvin R. Eason, Washington, DC 20420. Committee Management Officer. Advisory Committee on Minority Dated: October 6, 1999. [FR Doc. 99–27019 Filed 10–14–99; 8:45 am] Veterans, Notice of Meeting By direction of the Secretary. BILLING CODE 8320±01±M The Department of Veterans Affairs Marvin R. Eason, (VA), in accordance with Public Law Committee Management Officer. 103–446, gives notice that a meeting of [FR Doc. 99–27022 Filed 10–14–99; 8:45 am] DEPARTMENT OF VETERANS the Advisory Committee on Minority BILLING CODE 8320±01±M AFFAIRS Veterans will be held from Wednesday, Advisory Committee on Women October 27 through Friday, October 29, Veterans, Notice of Meeting 1999, at the Oneida Radisson Inn Green DEPARTMENT OF VETERANS Bay, 2040 Airport Drive, Green Bay, WI AFFAIRS The Department of Veterans Affairs 54313. gives notice under Public Law 92–463 The purpose of the Advisory Voluntary Service National Advisory Committee, Notice of Meeting that a meeting of the Advisory Committee on Minority Veterans is to Committee on Women Veterans will be advise the Secretary of Veterans Affairs The Department of Veterans Affairs held on October 26–28, 1999, at the on the administration of VA benefits gives notice under Public Law 92–463 Department of Veterans Affairs, 810 and services for minority veterans, to that the Executive Committee, Vermont Avenue, NW, Washington, DC. assess the needs of minority veterans Department of Veterans Affairs The purpose of the Committee is to and to evaluate whether VA Voluntary Service National Advisory advise the Secretary of Veterans Affairs compensation, medical and Committee (NAC) will meet October 28– regarding the needs of women veterans rehabilitation services, outreach, and 29, 1999, at the Clarion Plaza Hotel, with respect to health care, other programs are meeting those needs. 9700 International Drive, Orlando, rehabilitation, compensation, outreach, The Committee will make Florida. The meeting is scheduled from and other programs and activities recommendations to the Secretary 8 a.m.–4:30 p.m. on October 28, 1999 administered by the Department of regarding such activities. and from 8 a.m.–12 noon on October 29, Veterans Affairs designed to meet such The meeting will convene in the State 1999. needs. The Committee will make Room at the Oneida Radisson. On The NAC consists of sixty national recommendations to the Secretary Wednesday, October 27, 1999, the organizations and advises the Under regarding such activities. Committee will focus on responses to Secretary for Health and other members All sessions will be open to the the Committee’s Fifth Annual Report of the Department of Veterans Affairs public. Those who plan to attend should and receive testimony from the Central Office staff on how to coordinate contact Ms. Maryanne Carson, Wisconsin State Director of Veterans and promote volunteer activities within Department of Veterans Affairs, Center Affairs and representatives of VA facilities. The Executive Committee for Women Veterans, 810 Vermont Community Based Organizations (CBO). consists of nineteen representatives Avenue, NW, Washington, DC, at (202) On Thursday, October 28th, the from the NAC member organizations 273–6193, before October 18, 1999. A Committee will concentrate on VA and acts as the NAC governing body in tentative agenda follows: programs and facilities located in the the interim period between NAC Mid-west. The Committee will be Annual Meetings. Tuesday, October 26, Conference Room briefed by three Mid-west Veterans The agenda for the morning session of 530 Integrated Service Networks (VISNs) October 28, 1999, includes: updates on 8:30 a.m. Welcome and Opening Directors; the Assistant Director, the Veterans Health Administration and Remarks, Office of the Secretary Milwaukee VA Regional Office; and a the Voluntary Service program’s 9:00 a.m. Review March 1999 Minutes: panel of Veterans Service Organization progress since the 1999 NAC Annual Dr. Linda Schwartz, Chair

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.230 pfrm02 PsN: 15OCN1 56020 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

9:30 a.m. Review June 1999 Site Visit 3:00 p.m. Update: Veterans Health 1:30 p.m. Subcommittee Meetings, Report—Seattle/American Lake, Administration, Advisory Summary of Year Activities, WA, Dr. Linda Schwartz, Chair Committee 1998 Report: Response Development of Recommendations: 10:00 a.m. Discussion: Old Business, to Recommendations 2000 Report Dr. Linda Schwartz, Chair 3:15 p.m. Break 3:00 p.m. Break 10:30 a.m. Break 3:45 p.m. Update: Women Veterans 3:30 p.m. Full Committee Reconvene— 11:00 a.m. Briefing: Committee Health Programs Subcommittee Reports Budget—FY 2000, Office of 4:15 p.m. Briefing: Persian Gulf 5:00 p.m. Adjourn Financial Management, Associate Illness—Current Research and Thursday, October 28, Conference Room Director, Center for Women Treatment Initiatives Veterans 430 5:00 p.m. Adjourn 11:30 a.m. Update: Director, Center for 8:30 a.m. General Discussion—2000 Women Veterans, Advisory Wednesday, October 27, Conference report, Development of Timeline Committee 1998 Report: Response Room 230 and Assignments to Recommendations, 1998 Report 10:00 a.m. Subcommittees Reconvene 8:30 a.m. Update: Summit 2000, on Women Veterans Access to VA Discussion; Advisory Committee 12:00 noon Lunch Health Care Participation 1:30 p.m. General Discussion, New 12:15 p.m. Lunch Business, Next Meeting Date 9:30 a.m. General Discussion: Advisory 1:30 p.m. Briefing: Veterans Benefits 3:00 p.m. Adjourn Administration, Advisory Committee 2000 Report, Dr. Linda Dated: October 6, 1999. Committee 1998 Report: Response Schwartz, Chair to Recommendations 10:30 a.m. Break By direction of the Secretary. 2:30 p.m. Briefing: Readjustment 11:00 a.m. General Discussion: Marvin R. Eason, Counseling Service, Advisory Summary Committee Activities Committee Management Officer. Committee 1998 Report: Response 1998–2000 [FR Doc. 99–27020 Filed 10–14–99; 8:45 am] to Recommendations STC Program 12:15 p.m. Lunch BILLING CODE 8320±01±M

VerDate 12-OCT-99 14:04 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\A15OC3.233 pfrm02 PsN: 15OCN1 eDt 2OT9 42 c 4 99Jt100 O000Fm001Ft41 ft41 :F\MA5C.0 fm2PsN:15OCN2 pfrm02 E:\FR\FM\A15OC3.002 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 14:22Oct14, 1999 VerDate 12-OCT-99 federal register October 15,1999 Friday Grant Guideline;Notice Institute State Justice Part II 56021 56022 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

STATE JUSTICE INSTITUTE grants are intended to support this program, a State or local court may innovative projects of national receive a grant of up to $30,000 to Grant Guideline significance. As provided in section V. engage outside experts to provide of the Guideline, project grants may technical assistance to diagnose, AGENCY: State Justice Institute. ordinarily not exceed $200,000 for 15 develop, and respond to a jurisdiction’s ACTION: Final grant guideline. months; however, grants in excess of problems. SUMMARY: This Guideline sets forth the $150,000 are likely to be rare, and Letters of application for a Technical administrative, programmatic, and awarded only to support projects likely Assistance grant may be submitted at financial requirements attendant to to have a significant national impact. any time. Applicants submitting letters Fiscal Year 2000 State Justice Institute Applicants must submit a concept October 1, 1999 and January 14, 2000 grants, cooperative agreements, and paper (see section VI.) and, ordinarily, will be notified by March 31, 2000; contracts. an application (see section VII.) in order those submitting letters between January to obtain a project grant. As indicated in 15, 2000 and March 10, 2000 will be EFFECTIVE DATE: October 15, 1999. section VI.C., the Board may make an notified by May 26, 2000; those FOR FURTHER INFORMATION CONTACT: ‘‘accelerated’’ grant of less than $40,000 submitting letters between March 11, David I. Tevelin, Executive Director, or on the basis of the concept paper alone 2000 and June 10, 2000 will be notified Kathy Schwartz, Deputy Director, State when the need for the project is clear by August 25, 2000; and those Justice Institute, 1650 King St. (Suite and little additional information about submitting letters between June 11 and 600), Alexandria, VA 22314, (703) 684– the operation of the project would be September 29, 2000 will be notified of 6100. provided in an application. the Board’s decision by December 15, SUPPLEMENTARY INFORMATION: Pursuant With the exception of papers 2000. See section VII.D. for Technical to the State Justice Institute Act of 1984, following up on the National Assistance Grant application 42 U.S.C. 10701, et seq., as amended, Conference on Pro Se Litigants procedures. the Institute is authorized to award Appearing in Court, the FY 2000 grants, cooperative agreements, and mailing deadline for project grant Curriculum Adaptation Grants contracts to State and local courts, concept papers is November 24, 1999. A grant of up to $20,000 may be nonprofit organizations, and others for Papers must be postmarked or bear awarded to a State or local court to the purpose of improving the quality of other evidence of submission by that replicate or modify a model training justice in the State courts of the United date. The Board of Directors will meet program developed with SJI funds. The States. in early March 2000 to invite formal Guideline allocates up to $160,000 for applications based on the most these grants in FY 2000. Status of FY 2000 Appropriations promising concept papers. Applications Letters requesting Curriculum The Senate has approved an FY 2000 will be due on May 10, 2000, and Adaptation grants may be submitted at appropriation of $6.85 million for the awards will be approved by the Board any time during the fiscal year. Institute. The House of Representatives in July. Papers following up on the However, in order to permit the Institute has recommended no funding for SJI in National Conference on Pro Se Litigants sufficient time to evaluate these FY 2000. The level of the Institute’s Appearing in Court must be mailed by proposals, letters must be submitted no appropriation, if any, will be March 17, 2000. The Board of Directors later than 90 days before the projected determined by a Conference Committee will review these papers in early May date of the training program. See section later this fall. The grant program 2000 and invite applications based on VII.E. for Curriculum Adaptation Grant proposed in this Guideline and the the most promising concept papers. application procedures. funding targets noted for specific Applications will be due by June 10, Scholarships programs are based on funding at the 2000, and awards will be approved by level approved by the Senate. The the Board in July. See section VII.A. for The Guideline allocates up to Guideline may be modified after final Project Grant application procedures. $200,000 of FY 2000 funds for Congressional action on the scholarships to enable judges and court appropriation. Single Jurisdiction Project Grants managers to attend out-of-State Section II.D. reserves up to $300,000 education and training programs. Types of Grants Available and Funding for Projects Addressing a Critical Need Scholarships for eligible applicants Schedules of a Single State or Local Jurisdiction. are approved largely on a ‘‘first come, The SJI grant program is designed to To receive a grant under this program, first served’’ basis, although the Institute be responsive to the most important an applicant must demonstrate that (1) may approve or disapprove scholarship needs of the State courts. To meet the The proposed project is essential to requests in order to achieve appropriate full range of the courts’ diverse needs, meeting a critical need of the balances on the basis of geography, the Institute offers five different jurisdiction and (2) the need cannot be program provider, and type of court or categories of grants. The types of grants met solely with State and local applicant (e.g., trial judge, appellate available in FY 2000 and the funding resources within the foreseeable future. judge, court administrator). cycles for each program are provided Applicants are encouraged to submit Scholarships will be approved only for below: proposals to replicate approaches or programs that either (1) address topics programs that have been evaluated as included in the Guideline’s Special Project Grants effective under an SJI grant. Examples of Interest categories (section II.B.); (2) These grants are awarded to support projects that could be replicated are enhance the skills of judges and court innovative education, research, listed in Appendix F. See section VII.A managers; or (3) are part of a graduate demonstration, and technical assistance for Single Jurisdiction Grant application program for judges or court personnel. projects that can improve the procedures. Applicants interested in obtaining a administration of justice in State courts scholarship for a program beginning nationwide. Except for ‘‘Single Technical Assistance Grants between January 1 and March 31, 2000 Jurisdiction’’ project grants awarded Section II.E. reserves up to $400,000 must submit their applications and any under section II.D. (see below), project for Technical Assistance Grants. Under required accompanying documents

VerDate 12-OCT-99 18:15 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\15OCN2.XXX pfrm01 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56023 between October 1 and December 1, identified in recent years’ concept of justice in the State courts of the 1999. For programs beginning between papers and applications. United States. April 1 and June 30, 2000, the Section II.B. of the Guideline includes Incorporated in the State of Virginia applications and documents must be the following Special Interest categories: as a private, nonprofit corporation, the submitted between January 7 and March Improving Public Confidence in the Institute is charged, by statute, with the 7, 2000. For programs beginning Courts; responsibility to: between July 1 and September 30, 2000, Education and Training for Judges A. Direct a national program of the applications and documents must be and Other Key Court Personnel; financial assistance designed to assure submitted between April 3 and June 1, Dispute Resolution and the Courts; that each citizen of the United States is 2000. For programs beginning between Application of Technology; provided ready access to a fair and Court Management, Financing, and October 1 and December 31, 2000, the effective system of justice; Planning; applications and documents must be B. Foster coordination and Substance Abuse and the Courts; cooperation with the Federal judiciary; submitted between July 5 and Children and Families in Court; C. Promote recognition of the September 1, 2000. For programs Improving the Courts’ Response to importance of the separation of powers beginning between January 1 and March Domestic Violence; and 31, 2001, the applications and The Relationship Between State and doctrine to an independent judiciary; documents must be submitted between Federal Courts. and October 2 and December 1, 2000. See D. Encourage education for judges and section VII.F for Scholarship application Conferences support personnel of State court systems procedures. The Institute is soliciting proposals to through national and State conduct a National Conference on organizations, including universities. Continuation and On-Going Support Improving the Adversary System. See To accomplish these broad objectives, Grants section II.B.2.b.(4). the Institute is authorized to provide funds to State courts, national Continuation grants (see sections Recommendations to Grantwriters III.E., V.C. and D., and VII.B) are organizations which support and are intended to enhance the specific Recommendations to Grantwriters supported by State courts, national program or service begun during the may be found in Appendix A. judicial education organizations, and initial grant period. On-going support Only grammatical and technical other organizations that can assist in grants (see sections III.O., V.C. and D., changes were made in the Proposed improving the quality of justice in the and VII.C.) may be awarded for up to a Guideline. The following Grant State courts. three-year period to support national- Guideline is adopted by the State Justice The Institute is supervised by an 11- scope projects that provide the State Institute for FY 2000: member Board of Directors appointed by the President, by and with the consent courts with critically needed services, State Justice Institute Grant Guideline programs, or products. of the Senate. The Board is statutorily Table of Contents composed of six judges, a State court The Guideline establishes a combined administrator, and four members of the target for continuation and on-going I. The Mission of the State Justice Institute public, no more than two of whom can support of approximately 25% of the II. Scope of the Program be of the same political party. total amount projected to be available III. Definitions IV. Eligibility for Award Through the award of grants, for all grants in FY 2000. Grantees V. Types of Projects and Grants; Size of contracts, and cooperative agreements, should accordingly be aware that the Awards the Institute is authorized to perform the award of a grant to support a project VI. Concept Papers following activities: does not constitute a commitment to VII. Applications A. Support research, demonstrations, VIII. Application Review Procedures provide either continuation funding or special projects, technical assistance, on-going support. IX. Compliance Requirements X. Financial Requirements and training to improve the An applicant for a continuation or on- XI. Grant Adjustments administration of justice in the State going support grant must submit a letter Appendix A Recommendations to Grant courts; notifying the Institute of its intent to Writers B. Provide for the preparation, seek such funding, no later than 120 Appendix B Questions Frequently Asked by publication, and dissemination of days before the end of the current grant Grantees information regarding State judicial period. The Institute will then notify the Appendix C List of State Contacts systems; applicant of the deadline for its Regarding Administration of Institute C. Participate in joint projects with application. See sections VII.B. and C. Grants to State and Local Courts Appendix D SJI Libraries: Designated Sites Federal agencies and other private for continuation and on-going support and Contacts grantors; grant application procedures. Appendix E Illustrative List of Model D. Evaluate or provide for the Special Interest Categories Curricula evaluation of programs and projects Appendix F Illustrative List of Replicable funded by the Institute to determine The Guideline includes nine Special Projects their impact upon the quality of Interest categories, i.e., those project Appendix G State Justice Institute criminal, civil, and juvenile justice and areas that the Board has identified as Scholarship Application Forms (Forms the extent to which they have being of particular importance to the S1 and S2) Appendix H Line-Item Budget Form (Form contributed to improving the quality of State courts this year. The selection of E) justice in the State courts; these categories was based on the Board Appendix I Certificate of State Approval E. Encourage and assist in furthering and staff’s experience and observations Form (Form B) judicial education; over the past year; the recommendations F. Encourage, assist, and serve in a received from judges, court managers, I. The Mission of the State Justice consulting capacity to State and local lawyers, members of the public, and Institute justice system agencies in the other groups interested in the The Institute was established by Pub. development, maintenance, and administration of justice; and the issues L. 98–620 to improve the administration coordination of criminal, civil, and

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.003 pfrm02 PsN: 15OCN2 56024 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices juvenile justice programs and services; of other agencies which relates to and 16. Research regarding State judicial and affects the work of courts; decisions relating to child custody G. Be responsible for the certification 8. Studies of the causes of trial and litigation involving domestic violence; of national programs that are intended appellate court delay in resolving cases, 17. Development of training curricula to aid and improve State judicial and establishing and evaluating to assist State courts to develop an systems. experimental programs for reducing understanding of, and appropriate case processing time; responses to child custody litigation II. Scope of the Program 9. Development and testing of involving domestic violence; During FY 2000, the Institute will methods for measuring the performance 18. Dissemination of information and consider applications for funding of judges and courts, and experiments in training materials and provision of support that address any of the areas the use of such measures to improve the technical assistance regarding the issues specified in its enabling legislation. The functioning of judges and the courts; listed in paragraphs 14–17 above; Board, however, has designated nine 10. Studies of court rules and 19. Development of national, regional, program categories as being of special procedures, discovery devices, and and in-State training and educational interest. See section II.B. evidentiary standards to identify programs dealing with criminal and problems with the operation of such A. Authorized Program Areas civil aspects of interstate and rules, procedures, devices, and international parental child abduction; The Institute is authorized to fund standards, and the development of and projects addressing one or more of the alternative approaches to better 20. Other programs, consistent with following program areas listed in the reconcile the requirements of due the purposes of the State Justice State Justice Institute Act, the Battered process with the need for swift and Institute Act, as may be deemed Women’s Testimony Act, the Judicial certain justice, and testing of the utility appropriate by the Institute, including Training and Research for Child of those alternative approaches; projects dealing with the relationship Custody Litigation Act, and the 11. Studies of the outcomes of cases between Federal and State court systems International Parental Kidnapping in selected areas to identify instances in such as where there is concurrent State- Crime Act: which the substance of justice meted Federal jurisdiction and where Federal 1. Assistance to State and local court out by the courts diverges from public courts, directly or indirectly, review systems in establishing appropriate expectations of fairness, consistency, or State court proceedings. procedures for the selection and equity, and the development, testing, Funds will not be made available for removal of judges and other court and evaluation of alternative approaches the ordinary, routine operation of court personnel and in determining to resolving cases in such problem systems or programs in any of these appropriate levels of compensation; areas; areas. 2. Education and training programs 12. Support for programs to increase for judges and other court personnel for court responsiveness to the needs of B. Special Interest Program Categories citizens through citizen education, the performance of their general duties 1. General Description and for specialized functions, and improvement of court treatment of national and regional conferences and witnesses, victims, and jurors, and The Institute is interested in funding seminars for the dissemination of development of procedures for both innovative programs and programs information on new developments and obtaining and using measures of public of proven merit that can be replicated in innovative techniques; satisfaction with court processes to other jurisdictions. The Institute is 3. Research on alternative means for improve court performance; especially interested in funding projects using judicial and nonjudicial personnel 13. Testing and evaluating that: in court decisionmaking activities, experimental approaches to provide a. Formulate new procedures and implementation of demonstration increased citizen access to justice, techniques, or creatively enhance programs to test such innovative including processes which reduce the existing arrangements to improve the approaches, and evaluations of their cost of litigating common grievances, courts; effectiveness; and alternative techniques and b. Address aspects of the State 4. Studies of the appropriateness and mechanisms for resolving disputes judicial systems that are in special need efficacy of court organizations and between citizens; of serious attention; financing structures in particular States, 14. Collection and analysis of c. Have national significance by and support to States to implement information regarding the admissibility developing products, services, and plans for improved court organization and quality of expert testimony on the techniques that may be used in other and financing; experiences of battered women offered States; and 5. Support for State court planning as part of the defense in criminal cases d. Create and disseminate products and budgeting staffs and the provision under State law, as well as sources of that effectively transfer the information of technical assistance in resource and methods to obtain funds to pay and ideas developed to relevant allocation and service forecasting costs incurred to provide such audiences in State and local judicial techniques; testimony, particularly in cases systems, or provide technical assistance 6. Studies of the adequacy of court involving indigent women defendants; to facilitate the adaptation of effective management systems in State and local 15. Development of training materials programs and procedures in other State courts, and implementation and to assist battered women, operators of and local jurisdictions. evaluation of innovative responses to domestic violence shelters, battered A project will be identified as a records management, data processing, women’s advocates, and attorneys to use Special Interest project if it meets the court personnel management, reporting expert testimony on the experiences of four criteria set forth above and (1) it and transcription of court proceedings, battered women in appropriate cases, falls within the scope of the Special and juror utilization and management; and individuals with expertise in the Interest program areas designated 7. Collection and compilation of experiences of battered women to below, or (2) information coming to the statistical data and other information on develop skills appropriate to providing attention of the Institute from the State the work of the courts and on the work such testimony; courts, their affiliated organizations, the

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.005 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56025 research literature, or other sources restorative justice, including methods subsections: (1) Innovative Educational demonstrates that the project responds for involving the community in the Programs; (2) Curriculum Adaptation to another special need or interest of the sentencing process; Projects; (3) Scholarships; and (4) State courts. • Identify and test the elements of National Conferences. Concept papers and applications successful long-term volunteer or other (1) Innovative Educational Programs. which address a Special Interest court-community collaborative This category includes support for the category will be accorded a preference programs; development and pilot-testing of in the rating process. (See the selection • Educate and clearly communicate innovative, high-quality educational criteria listed in sections VI.C.2. and information to litigants and the public programs for trial and appellate judges VIII.) about judicial decisions, the trial and or court personnel that address key appellate court process, and court substantive and administrative issues of 2. Specific Categories operations, and the standards courts concern to the nation’s courts, or help The Board has designated the areas maintain with respect to timeliness, local courts or State court systems set forth below as Special Interest access, and the elimination of bias; and develop or enhance their capacity to program categories. The order of listing • Assure that judges and court deliver quality continuing education. does not imply any ordering of priorities employees meet the highest ethical Programs may be designed for among the categories. For a complete standards and that judicial disciplinary presentation at the local, State, regional, list of projects supported in previous procedures are known, fair, and or national level. Ordinarily, court years in each of these categories, visit effective. education programs should be based on the Institute’s Internet homepage at (2) The Institute is interested in some form of assessment of the needs of http://www.statejustice.org and click on supporting projects that facilitate the target audience; include clearly Awarded Grants List. implementation of State and local plans stated learning objectives that delineate a. Improving Public Confidence in the developed at or as a result of the the new knowledge or skills that Courts. This category includes National Conference on Public Trust participants will acquire (as opposed to demonstration, evaluation, research, and Confidence in the Justice System a description of what will be taught); and education projects designed to held in Washington, DC, on May 13–14, incorporate adult education principles improve the responsiveness of courts to 1999. In particular, the Institute seeks to and multiple teaching/learning public concerns regarding the fairness, support projects that would: methods; and result in the development equity, accessibility, timeliness, and • Compile and disseminate of a disseminable curriculum as defined comprehensibility of the court process, information about practices being used in section III.F. and test innovative methods for by courts around the country that show (a) The Institute is particularly increasing the public’s trust and the promise of enhancing public trust interested in the development of confidence in the State courts. and confidence in the justice system; education programs that: (1) The Institute is particularly • Educate the public about the • Include innovative self-directed interested in supporting innovative business of the courts and their role in learning packages for use by appellate, projects that: the community; trial, juvenile and family court judges • Develop national strategies to • Examine the role of lawyers and and personnel, and distance-learning promote the progress of State court task their impact on public trust in the approaches for these audiences to assist forces and other court-sponsored courts; and those who do not have ready access to programs to eliminate race and ethnic • Test and evaluate technological classroom-centered programs. These bias in the courts, including national approaches designed to enhance public packages and approaches should projects that would support planning access to the courts. include the appropriate use of various and program development at the State (3) The Institute also is interested in media and technologies such as and local level; develop products that supporting State and local court projects Internet-based programming, interactive highlight effective model programs and to implement the action plans CD-ROM or computer disk-based best practices; and educate judges and developed by the teams participating in programs, videos, or other audio and court personnel about relevant products the Institute-supported National visual media, supported by written developed in different States (e.g., Conference on Self-Represented materials or manuals. They also should model judicial education curricula, Litigants Appearing in Court to be held include a meaningful program bench books, court conduct handbooks, in Scottsdale, Arizona, on November evaluation and a self-evaluation process codes of ethics, and legislation); 18–21, 1999. Concept papers proposing that assesses pre- and post-program • Address court-community problems such projects must be mailed by March knowledge and skills; resulting from the influx of legal and 17, 2000, for consideration by the • Familiarize faculty with the illegal immigrants, including projects to Institute’s Board of Directors in May effective use of instructional technology inform judges about the effects of recent 2000. Applications based on these including methods for effectively Federal and State legislation regarding concept papers will be considered by presenting information through distance immigrants; design and assess the Board in July 2000. Applicants are learning approaches including the procedures for use in custody, advised that Institute funds may not be Internet, videos, and satellite visitation, and other domestic relations used to directly or indirectly support teleconferences; cases when key family members or legal representation of individuals in • Assist local courts, State court property are outside the United States; specific cases. systems, and court systems in a and develop protocols to facilitate b. Education and Training for Judges geographic region to develop or enhance service of process, the enforcement of and Other Key Court Personnel. The a comprehensive program of continuing orders of judgment, and the disposition Institute is interested in supporting an education, training, and career of criminal and juvenile cases when a array of projects that will continue to development for judges and court non-U.S. citizen or corporation is strengthen and broaden the availability personnel as an integral part of court involved; of court education programs at the State, operations; • Demonstrate and evaluate regional, and national levels. This • Test the effectiveness of including a approaches to implement the concept of category is divided into four variety of experiential instructional

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.007 pfrm02 PsN: 15OCN2 56026 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices approaches in judicial branch education curricula that may be appropriate for underlying the adversary system, its programs such as field studies and adaptation is contained in Appendix E. strengths and weaknesses, and what interchanges with community programs, The goal of the Curriculum steps can be taken to improve both the organizations, and institutions; Adaptation program is to provide State system and the public’s perception of • Encourage intergovernmental team- and local courts with sufficient support the system. building, collaboration, and planning to modify a model curriculum, course The many topics that such a among the judicial, executive, and module, or national or regional conference could address include: legislative branches of government, or conference program developed with SJI • The types of cases for which the courts within a metropolitan area or funds to meet a particular State’s or adversary process may be the most multi-State region; local jurisdiction’s educational needs; appropriate and the least appropriate; • Develop and test innovative short evaluate it to determine its • Improving access to justice for poor (one-half or one full day) educational appropriateness, quality, and and middle-income litigants; • programs on events or issues of critical effectiveness; and train instructors to Methods for reducing trial length present portions or all of the and expediting the trial process; importance to local courts or courts in • a particular region; and curriculum. It is anticipated that the The best ways of presenting, • Develop and test methods to adapted curriculum will become part of adjudicating, or otherwise resolving the grantee’s ongoing educational complex litigation; determine the cost-effectiveness of • judicial branch education and training. offerings. The education of trial counsel and (b) The Institute is also very interested Only State or local courts may apply litigants about settlement techniques in supporting projects that would for Curriculum Adaptation funding. and methods for determining the value implement action plans and strategies Application procedures may be found in of their cases; • The use of special or blue-ribbon developed by the State teams at the Section VII.E. juries; and National Symposium on the Future of (3) Scholarships for Judges and Court • The use of technology to facilitate Judicial Branch Education in St. Louis, Personnel. The Institute is reserving up the resolution of disputes. Missouri, on October 7–9, 1999, as well to $200,000 to support a scholarship program for State court trial and The conference should involve the as proposals from other applicants participation of judges, attorneys, court designed to assist in implementing and appellate court managers. The purposes of the Institute scholarship program are managers, legal scholars, researchers, disseminating the findings and business leaders, citizen organizations, strategies discussed at the Conference. to: • Enhance the skills, knowledge, and dispute resolution specialists, and (c) The Institute also is interested in abilities of judges and court managers; media representatives. supporting the development and testing • Enable State court judges and court c. Dispute Resolution and the Courts. of curricula on issues of critical managers to attend out-of-State This category includes research, importance to the courts, including educational programs sponsored by evaluation, and demonstration projects those listed in the other Special Interest national and State providers that they to evaluate or enhance the effectiveness categories described in this Chapter, and could not otherwise attend because of of court-connected dispute resolution the following: • limited State, local and personal programs. The Institute is interested in Materials and curricula for budgets; and projects that facilitate comparison appellate, trial, and juvenile and family • Provide States, judicial educators, among research studies by using similar court judges addressing adolescent and and the Institute with evaluative measures and definitions; address the youth development, including the role information on a range of judicial and nature and operation of ADR programs and impact of youth culture (cults and court-related education programs. within the context of the court system gangs), and the impact that exposure to Scholarships will be granted to as a whole; and compare dispute violence at home, in school, and in the individuals only for the purpose of resolution processes to attorney community has on children; attending an out-of-State educational settlement as well as trial. Specific • The specific knowledge and skills program within the United States. topics of interest include: needed to manage drug court programs Application procedures may be found in • Examining the timing for referrals for adults, juveniles, or families; Section VII.F. to dispute resolution services, and the • Federal and State environmental (4) National Conferences. This effect of different referral methods, on laws and the effect those laws have on category includes support for national case outcomes and time to disposition; trial and appellate court processes in the conferences on topics of major concern • Comparing the appropriateness and impacted jurisdictions; and to State court trial and appellate judges effectiveness of facilitative and • Training to enhance the ability of and personnel across the nation. evaluative mediation in various types of court personnel to protect their safety Applicants are encouraged to consider cases; and that of jurors, litigants, witnesses, the use of videoconferences, the • Evaluating the effectiveness of the and other members of the public in Internet, and other technologies to use of family group conferencing court facilities, and in managing cases increase participation and limit travel procedures in dependency, involving individuals or organizations expenses in planning and presenting delinquency, and status offense cases; unwilling to cooperate with legal or conferences. In planning a conference, • Evaluating innovative court- administrative procedures. applicants should provide for a written, connected dispute resolution programs (2) Curriculum Adaptation Projects. video, CD-ROM, or other product that for resolving specific types of cases, The Board is reserving up to $160,000 would widely disseminate information, such as minor criminal cases, probate to support projects that adapt a model findings, and any recommendations proceedings, land-use disputes, and curriculum previously developed with resulting from the conference. complex and multi-party litigation; SJI funds in order to determine its This year, the Institute is particularly • Testing of procedures that courts appropriateness, quality, and interested in supporting a National can use to assure the quality of court- effectiveness for inclusion in the Conference on Improvement of the connected dispute resolution programs, jurisdiction’s judicial branch education Adversary System that would explore including methods of establishing and program. An illustrative list of the the fundamental assumptions maintaining competency standards,

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.008 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56027 training standards, and other techniques • Evaluate approaches for • Strengthen the judge’s and court for assuring program excellence; electronically filing pleadings, briefs, manager’s skills in leadership, planning, • Testing innovative approaches and other documents; approaches to and building community confidence in involving community partnerships, integrate electronic filing and electronic the courts; particularly in the contexts of juvenile document management; and the impact • Enhance the core competencies and restorative justice, and examining of electronic court record systems on required of court managers and staff; the benefits such partnerships offer in case management and court procedures; • Facilitate and implement change ensuring the quality of dispute • Develop model rules or standards to and encourage excellence in court resolution programs; govern the use of electronic filing and operations; • • Evaluating innovative applications electronic court records; Demonstrate and assess the of technology to facilitate dispute • Test innovative applications of effective use of staff teams in court resolution processes; and voice recognition technology in the operations; and • Prevent harassment, threats, and • Developing methods to eliminate adjudication process; • incidents endangering the lives and race, ethnic, or gender bias in court Demonstrate and evaluate the use of property of judges, court employees, connected dispute resolution programs, technology to assist judicial jurors, litigants, witnesses, and other testing approaches for assuring that decisionmaking; • members of the public in court facilities. such programs are open to all members Evaluate the use of digital audio (2) In addition, the Institute is of the community served by the court, and video technology in making a interested in a research and evaluation and assessing whether having a record of court proceedings; • project that would analyze and assess mediator pool that reflects the diversity Demonstrate and evaluate the use of the impact of the ‘‘future and the of the community it serves has an videoconferencing technology to present courts’’ activities that have been impact on the use of mediation by testimony by witnesses in remote conducted over the past decade; identify minorities and its effectiveness. locations, and appellate arguments (but the reasons why some States have been Applicants should be aware that the see the limitations specified below); • Assess the impact of the use of more successful than others in Institute will not provide operational multimedia CD–ROM-based briefs on implementing change; assess what steps support for on-going ADR programs or the courts, parties, counsel, and the trial can be taken or methods developed to start-up costs of non-innovative ADR or appellate process; and facilitate the recommended changes that programs. Courts also should be advised • Evaluate innovative applications of are still appropriate; more fully that it is preferable for an applicant to technology designed to prevent institutionalize long-range planning by use its own funds to support the courthouse incidents that endanger the State court systems and, where operational costs of an innovative lives and property of judges, court appropriate, local courts; and assist each program and request Institute funds to personnel, and courtroom participants. State court system or local court in support related technical assistance, Ordinarily, the Institute will not developing the capacity to identify training, and evaluation elements of the provide support for the purchase of future trends that may significantly program. equipment or software to implement a affect its ability to deliver justice. d. Application of Technology. This technology that is commonly used by f. Substance abuse. This category category includes the testing of courts, such as videoconferencing includes education, technical innovative applications of technology to between courts and jails, optical assistance, research, and evaluation improve the operation of court imaging for recordkeeping, and projects to assist courts in handling a management systems and judicial automated management information large volume of substance abuse-related practices at both the trial and appellate systems. (See also section X.I.2.b. criminal, civil, juvenile, and domestic court levels. regarding other limits on the use of relations cases fairly and expeditiously. The Institute seeks to support local grant funds to purchase equipment and (It does not include providing support experiments with promising but software.) for planning, establishing, operating, or untested applications of technology in e. Court Planning, Management, enhancing a local drug court. the courts that include an evaluation of Financing. The Institute is interested in Applicants interested in obtaining the impact of the technology in terms of supporting projects that explore grants to plan, implement, operate, or costs, benefits, and staff workload, and emerging issues that will affect the State enhance a drug court program should a training component to assure that staff courts as they enter the 21st Century, as contact the Drug Court Program Office, is appropriately educated about the well as projects that develop and test Office of Justice Programs, U.S. purpose and use of the new technology. innovative approaches for managing the Department of Justice.) In this context, ‘‘untested’’ includes courts; securing, managing, and The Institute is particularly interested novel applications of technology demonstrating the effective use of the in projects to: developed for the private sector that resources required to fully meet the • Evaluate the effectiveness of have not previously been applied to the responsibilities of the judicial branch; ‘‘family drug court’’ programs (i.e., courts. and institutionalizing long-range specialized calendars that provide The Institute is particularly interested planning processes. intensely supervised, court-enforced in supporting efforts to: (1) In particular, the Institute is substance abuse treatment and other • Test and evaluate technologies that, interested in demonstration, evaluation, services to families involved in child if successfully implemented, would education, research, and technical neglect, child abuse, domestic violence, significantly re-engineer the way that assistance projects to: or other family cases); courts currently do business; • Facilitate communication, • Evaluate the effectiveness of re- • Test and evaluate technological information-sharing, and coordination entry drug courts on the management of innovations in the jury room to enhance between the juvenile and criminal drug offenders’ behavior following their jurors’ deliberations; courts; release from incarceration and the • Develop and test standards • Assess the effects of innovative impact of this additional responsibility governing electronic access to court management approaches designed to on court operation and caseload records by the public; assure quality services to court users; management;

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.010 pfrm02 PsN: 15OCN2 56028 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

• Develop and test effective justice system meets the needs of girls databases, consistent with the approaches for identifying and treating and children of color; protection of the privacy and safety of substance abuse by judges, lawyers, and • Develop and test innovative victims of violence; court staff, and determining and techniques for improving • Test the effectiveness of innovative lessening the impact of such substance communication, sharing information, sentencing and treatment approaches in abuse on the courts; and coordinating juvenile and criminal cases involving domestic violence and • Document public sector and private courts and divisions; other gender-related crimes including sector managed care programs that • Design or evaluate information sentences that incorporate restorative effectively provide court-ordered systems that not only provide aggregate justice measures; and treatment and other services to adults data, but also are able to track • Implement and train judges and and juveniles; and individual cases, individual juveniles, court personnel on recommended Develop and test State, regional, and and specific families, so that judges and protocols and procedures identified at local educational programs for judges court managers can manage their the National Summit on Fatality and court staff on the implications of caseloads effectively, track placement Reviews held on October 25–27, 1998, managed care for the provision of drug and service delivery, and coordinate in Key West, Florida. Recommendations and alcohol treatment, mental health orders in different proceedings from the Summit and an educational treatment, and other services to adult involving members of the same family; module are available from the in-state and juvenile offenders, neglected and and SJI libraries (see Appendix D) or from • abused children and their families, and Develop and test educational the National Council of Juvenile and persons subject to civil commitment. programs to assure that everyone Family Court Judges’ Family Violence g. Children and Families in Court. coming into contact with courts serving Department (1–800–527–3223). This category includes education, children and families is treated with Institute funds may not be used to demonstration, evaluation, technical dignity, respect, and courtesy. provide operational support to programs assistance, and research projects to h. Improving the Courts’ Response to offering direct services or compensation identify and inform judges of Domestic Violence. This category to victims of crimes. (Applicants innovative, effective approaches for includes innovative education, interested in obtaining such operational handling cases involving children and demonstration, technical assistance, support should contact the Office for families. The Institute is particularly evaluation, and research projects to Victims of Crime (OVC), Office of interested in projects to: improve the fair and effective • Justice Programs, U.S. Department of Develop and test innovative processing, consideration, and Justice, or the agency in their State that protocol, procedures, educational disposition of cases concerning awards OVC funds to State and local programs, and other measures to domestic violence and gender-related victim assistance and compensation determine and address the service needs violent crimes, including projects to: programs.) • Train custody evaluators, guardians of children exposed to family violence i. The Relationship Between State and ad litem, and other independent and the methods for mitigating those Federal Courts. This category includes professionals appearing in custody and effects when issuing protection, education, research, demonstration, and visitation cases about domestic violence custody, visitation, or other orders; evaluation projects designed to facilitate • Assess the impact of procedures to and the impact witnessing such appropriate and effective determine whether improper violence has on children; communication, cooperation, and investigatory techniques may have • Coordinate juvenile, family, and coordination between State and Federal suggested children’s testimony (e.g., criminal court management of domestic courts. The Institute is particularly ‘‘taint hearings’’) on the speed and violence cases; interested in innovative projects that: fairness of child sexual abuse trials; • Evaluate the effectiveness of • Develop and test guidelines, domestic violence courts (i.e., (1) Develop and test curricula and curricula, and other materials to assist specialized calendars or divisions for disseminate information regarding judges in establishing and enforcing considering domestic violence cases and effective methods being used at the trial custody and support orders in cases in related matters), including their impact court, State, and circuit levels to which a child’s parents were never on victims, offenders, and court coordinate cases and administrative married to each other; operations; activities, and share facilities; and • Develop guidelines and materials to • Assess the effectiveness of (2) Develop and test new approaches assist judges and other court officers including jurisdiction over family to: and personnel in critically analyzing violence in a unified family court; (a) Implement the habeas corpus psychological evaluations of children • Demonstrate effective ways to provisions of the Anti-Terrorism Act of and the credibility of clinical experts, coordinate the response to domestic 1996; their reports, and methods of evaluating violence and gender-related crimes of (b) Handle capital habeas corpus cases children; violence among courts, criminal justice fairly and efficiently; • Compile and distribute information agencies, and social services programs, (c) Coordinate and process mass tort about innovative and successful and to assure that courts are fully cases fairly and efficiently at the trial approaches to sentencing and treatment accessible to victims of domestic and appellate levels; alternatives for serious youthful violence and other gender-related (d) Coordinate cases in which there is offenders; violent crimes; concurrent jurisdiction including State • Develop and test procedures and • Develop and test methods for and Federal cases brought under the programs that include victims of facilitating recognition and enforcement Violence Against Women Act; offenses committed by juveniles in the of protection orders issued by a State, (e) Develop a guidebook for judges to juvenile court process (other than Federal, or tribal court in another assist in determining whether punitive victim-offender mediation programs); jurisdiction; damages should be awarded, calculating • Create and test educational • Determine the effective use of the amount in which they should be programs, guidelines, and monitoring information contained in protection awarded, and instructing jurors systems to assure that the juvenile order files stored in court electronic regarding these issues;

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.012 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56029

(f) Exchange information and section may address any of the topics Only a State or local court may apply coordinate calendars among State and included in the Special Interest for a Technical Assistance grant. The Federal courts; and Categories or Statutory Program Areas, application procedures may be found in (g) Share facilities, jury pools, but it need not be innovative. The Board section VII.D. alternative dispute resolution programs, is particularly interested in supporting III. Definitions information regarding persons on projects to replicate programs, pretrial release or probation, and court procedures, or strategies that have been The following definitions apply for services. developed, demonstrated, or evaluated the purposes of this Guideline: C. ‘‘Think Pieces’’ through an SJI grant. (A list of examples A. Accelerated Award of such grants is contained in Appendix This category addresses the F.) An evaluation component is not A grant of up to $40,000 awarded on development of essays of publishable required if a grant is awarded to the basis of a concept paper (including quality directed to the court community. replicate another successful SJI project; a budget and budget narrative) when the The essays should explore emerging however, grants to support replications need for and benefits of the proposed issues that could result in significant are subject to the same limits on amount project are clear and an application changes in court process or judicial and duration as other project grants. would not be needed to provide administration and their implications (See section V.) Ordinarily, the Institute additional information about the for judges, court managers, policy- will not provide support solely for the project’s methodology and budget. See makers, and the public. Grants purchase of equipment or software. section VI.C.1. for more information supporting such projects are limited to Concept papers for single jurisdiction about accelerated awards. no more than $10,000. Applicants projects may be submitted by a State B. Acknowledgment of SJI Support should follow the procedures for court system, an appellate court, or a The prominent display of the SJI logo concept papers requesting an limited or general jurisdiction trial on the front cover of a written product accelerated award of a grant of less than court. All awards under this category or in the opening frames of a videotape $40,000, which are explained in Section are subject to the matching requirements developed with Institute support, and VI.A.3.(b) of this Guideline. set forth in section IX.A.7.a. inclusion of a brief statement on the Possible topics include, but are not The application procedures for Single inside front cover or title page of the limited to: Jurisdiction Grants are the same as those • document or the opening frames of the The implications of changing for Project Grants (see Section VII.A.); videotape identifying the grant number. expectations about the proper role of however, in addition to the information See section IX.A.10.a.(2) for precise judges—from adjudicators to problem- presented in the program narrative, wording of the statement. solvers—on court procedures, court Single Jurisdiction grant applicants operations, and judicial selection; must also demonstrate that: C. Application • A re-examination of judicial ethics 1. The proposed project is essential to as they relate to the evolving role of the A formal request for an Institute grant meeting a critical need of the judge as ‘‘off-the-bench’’ problem- that is invited by the Board of Directors jurisdiction; and solver, e.g., participating in domestic after approval of a concept paper. A violence or other local coordinating 2. The need cannot be met solely with complete application consists of: Form councils, working with State State and local resources within the A—Application; Form B—Certificate of legislatures, and collaborating with foreseeable future. State Approval (for applications from community groups; E. Technical Assistance Grants local trial or appellate courts or • The potential use of local court agencies); Form C—Project Budget/ advisory councils rooted in the The Board will set aside up to Tabular Format or Form C1—Project community as a method of promoting $400,000 to support the provision of Budget/Spreadsheet Format; Form D— public trust and confidence in the court; technical assistance to State and local Assurances; Disclosure of Lobbying • The implications of increasing courts. The program is designed to Activities; a detailed 25-page commerce via the Internet for the State provide State and local courts with description of the need for the project courts, including unique problems that sufficient support to obtain technical and all related tasks, including the time may arise and the new rules and assistance to diagnose a problem, frame for completion of each task, and procedures that may be needed to develop a response to that problem, and staffing requirements; and a detailed address them; implement any needed changes. The budget narrative that provides the basis • An exploration of issues related to Institute will reserve sufficient funds for all costs. See section VII. for a privacy, data security, and public access each quarter to assure the availability of complete description of application to court records in our increasingly technical assistance grants throughout submission requirements. technological society; and the year. • The potential for the creation of Technical Assistance grants are D. Close-out ‘‘cyber-courts’’ through the use of the limited to no more than $30,000 each, The process by which the Institute Internet—a ‘‘courthouse-less court’’ and may cover the cost of obtaining the determines that all applicable instead of a paperless court—and how services of expert consultants; travel by administrative and financial actions and the courts would have to be re- a team of officials from one court to all required grant work have been engineered to accommodate such a examine a practice, program, or facility completed by both the grantee and the development. in another jurisdiction that the Institute. applicant court is interested in D. Single Jurisdiction Projects replicating; or both. Technical E. Concept Paper The Board will set aside up to assistance grant funds ordinarily may A proposal of no more than eight $300,000 to support projects proposed not be used to support production of a double-spaced pages that outlines the by State or local courts that address the videotape. Normally, the technical nature and scope of a project that would needs of only the applicant State or assistance must be completed within 12 be supported with State Justice Institute local jurisdiction. A project under this months after the start-date of the grant. funds, accompanied by a preliminary

VerDate 12-OCT-99 18:15 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\15OCN2.XXX pfrm01 PsN: 15OCN2 56030 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices budget. See section VI. for a complete L. Grantee education, research, demonstration, or description of concept paper submission The organization, entity, or individual technical assistance project that can requirements. to which an award of Institute funds is improve the administration of justice in State courts nationwide. Ordinarily, a F. Continuation Grant made. For a grant based on an application from a State or local court, project grant may not exceed $200,000 A grant lasting no longer than 15 grantee refers to the State Supreme a year; however, a grant in excess of months to permit completion of Court or its designee. $150,000 is likely to be rare and activities initiated under an existing awarded only to support highly Institute grant or enhancement of the M. Human Subjects promising projects that will have a products or services produced during Individuals who are participants in an significant national impact. See section the prior grant period. See section VII.B. experimental procedure or who are VII.A. for a complete description of for a complete description of asked to provide information about project grant application requirements. continuation application requirements. themselves, their attitudes, feelings, S. Project-Related Income G. Curriculum opinions, and/or experiences through an interview, questionnaire, or other data Interest, royalties, registration and The materials needed to replicate an collection technique. tuition fees, proceeds from the sale of education or training program products, and other earnings generated developed with grant funds including, N. Institute as a result of an Institute grant. Project- but not limited to: the learning The State Justice Institute. related income may not be counted as objectives; the presentation methods; a match. For a more complete description sample agenda or schedule; an outline O. Match of different types of project-related of presentations and relevant The portion of project costs not borne income, see section X.G. instructors’ notes; copies of overhead by the Institute. Match includes both in- transparencies or other visual aids; kind and cash contributions. Cash T. Scholarship exercises, case studies, hypotheticals, match is the direct outlay of funds by A grant of up to $1,500 awarded to a quizzes, and other materials for the grantee to support the project. In- judge or court employee to cover the involving the participants; background kind match consists of contributions of cost of tuition for and transportation to materials for participants; evaluation time, services, space, supplies, etc., and from an out-of-State educational forms; and suggestions for replicating made to the project by the grantee or program within the United States. See the program including possible faculty others (e.g., advisory board members) section VII.F. for a complete description or the preferred qualifications or working directly on the project. Under of scholarship application requirements. experience of those selected as faculty. normal circumstances, allowable match U. Single Jurisdiction Project Grant may be incurred only during the project H. Curriculum Adaptation Grant period. When appropriate, and with the A grant that addresses a critical but A grant of up to $20,000 to support an prior written permission of the Institute, not necessarily innovative need of a adaptation and pilot test of an match may be incurred from the date of single State or local jurisdiction that educational program previously the Board of Directors’ approval of an cannot be met solely with State and/or developed with SJI funds. See section award. Match does not include project- local resources within the foreseeable VII.E. for a complete description of related income such as tuition or future. See section II.D. for a description curriculum grant application revenue from the sale of grant products, of single jurisdiction projects and requirements. or the time of participants attending an section VI. and VII.A. for a complete description of single jurisdiction project I. Designated Agency or Council education program. Amounts contributed as cash or in-kind match application requirements. The office or judicial body which is may not be recovered through the sale V. Special Condition authorized under State law or by of grant products during or following delegation from the State Supreme the grant period. A requirement attached to a grant Court to approve applications for funds award that is unique to a particular and to receive, administer, and be P. On-going Support Grant project. accountable for those funds. A grant lasting 36 months to support W. State Supreme Court J. Disclaimer a project that is national in scope and that provides the State courts with The highest appellate court in a State, A brief statement that must be services, programs or products for or, for the purposes of the Institute included at the beginning of a document which there is a continuing important program, a constitutionally or or in the opening frames of a videotape need. See section VIII.B. for a complete legislatively established judicial council produced with State Justice Institute description of on-going support that acts in place of that court. In States funding that specifies that the points of application requirements. having more than one court with final view expressed in the document or tape appellate authority, State Supreme do not necessarily represent the official Q. Products Court shall mean that court which also position or policies of the Institute. See Tangible materials resulting from has administrative responsibility for the section IX.A.10.a.(2) for the precise funded projects including, but not State’s judicial system. State Supreme wording of this statement. limited to: Curricula; monographs; Court also includes the office of the reports; books; articles; manuals; court or council, if any, it designates to K. Grant Adjustment handbooks; benchbooks; guidelines; perform the functions described in this A change in the design or scope of a videotapes; audiotapes; computer Guideline. project from that described in the software; and CD-ROM disks. approved application, acknowledged in X. Subgrantee writing by the Institute. See section R. Project Grant A State or local court which receives XI.A. for a list of the types of changes An initial grant lasting up to 15 Institute funds through the State requiring a formal grant adjustment. months to support an innovative Supreme Court.

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.015 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56031

Y. Technical Assistance Grant institutions other than courts for awards in excess of $150,000 are likely A grant, lasting up to 12 months, of services that cannot be adequately to be rare and to be made, if at all, only up to $30,000 to a State or local court provided through nongovernmental for highly promising proposals that will to support outside expert assistance in arrangements (42 U.S.C. 10705(b)(3)). have a significant impact nationally. diagnosing a problem and developing E. Inter-agency Agreements. The 2. Applicants for on-going support and implementing a response to that Institute may enter into inter-agency grants may request funding in amounts problem. See section VII.D. for a agreements with Federal agencies (42 up to $600,000 over three years, complete description of technical U.S.C. 10705(b)(4)) and private funders although awards in excess of $450,000 assistance grant application to support projects consistent with the are likely to be rare. The Institute will requirements. purposes of the State Justice Institute ordinarily release funds for the second Act. and third years of on-going support IV. Eligibility for Award grants on the following conditions: (1) V. Types of Projects and Grants; Size of The project is performing satisfactorily; The Institute is authorized by Awards Congress to award grants, cooperative (2) appropriations are available to agreements, and contracts to the A. Types of Projects support the project that fiscal year; and following entities and types of The Institute supports the following (3) the Board of Directors determines organizations: general types of projects: that the project continues to fall within A. State and local courts and their 1. Education and training; the Institute’s priorities. 3. Applicants for technical assistance agencies (42 U.S.C. 10705(b)(1)(A)). 2. Research and evaluation; grants may request funding in amounts Each application for funding from a 3. Demonstration; and up to $30,000. State or local court must be approved, 4. Technical assistance. consistent with State law, by the State’s 4. Applicants for curriculum Supreme Court or its designated agency B. Types of Grants adaptation grants may request funding or council. The latter shall receive all The Institute supports the following in amounts up to $20,000. 5. Applicants for scholarships may Institute funds awarded to such courts types of grants: request funding in amounts up to and be responsible for assuring proper 1. Project Grants. $1,500. administration of Institute funds, in See sections II.B. and D., VI., and accordance with section IX.H. of this VII.A. The Institute places no annual D. Length of Grant Periods Guideline. A list of persons to contact limitations on the overall number of 1. Grant periods for all new and in each State regarding approval of project grant awards or the number of continuation projects ordinarily may not applications from State and local courts awards in each special interest category. exceed 15 months. and administration of Institute grants to 2. Continuation Grants. 2. Grant periods for on-going support those courts is contained in Appendix See sections III.E. and VII.B. In FY grants ordinarily may not exceed 36 C. 2000, the Institute is allocating no more months. B. National nonprofit organizations than 25% of available grant funds for 3. Grant periods for technical controlled by, operating in conjunction continuation and on-going support assistance grants and curriculum with, and serving the judicial branches grants. adaptation grants ordinarily may not of State governments (42 U.S.C. 3. On-going Support Grants. exceed 12 months. 10705(b)(1)(B)). See sections III.O. and VII.C. See C. National nonprofit organizations Continuation Grants above for VI. Concept Papers for the education and training of judges limitations on funding availability in FY Concept papers are an extremely and support personnel of the judicial 2000. important part of the application branch of State governments (42 U.S.C. 4. Technical Assistance Grants process because they enable the 10705(b)(1)(C)). An applicant is See section II.E. In FY 2000, the Institute to learn the program areas of considered a national education and Institute is reserving up to $400,000 for primary interest to the courts and to training applicant if: these grants. explore innovative ideas, without 1. The principal purpose or activity of 5. Curriculum Adaptation Grants. imposing heavy burdens on prospective the applicant is to provide education See sections II.B.2.b.(2), III.G., and applicants. The use of concept papers and training to State and local judges VII.E. In FY 2000, the Institute is also permits the Institute to better and court personnel; and reserving up to $160,000 for adaptations project the nature and amount of grant 2. The applicant demonstrates a of curricula previously developed with awards. The concept paper requirement record of substantial experience in the SJI funding. and the submission deadlines for field of judicial education and training. 6. Scholarships. concept papers and applications may be D. Other eligible grant recipients (42 See section II.B.2.b.(3), III.S, and waived by the Executive Director for U.S.C. 10705(b)(2)(A)–(D)). VII.F. In FY 2000, the Institute is good cause (e.g., the proposed project 1. Provided that the objectives of the reserving up to $200,000 for could provide a significant benefit to the project can be served better, the Institute scholarships for judges and court State courts or the opportunity to is also authorized to make awards to: employees. The Institute will reserve conduct the project did not arise until a. Nonprofit organizations with sufficient funds each quarter to assure after the deadline). expertise in judicial administration; the availability of scholarships b. Institutions of higher education; throughout the year. A. Format and Content c. Individuals, partnerships, firms, All concept papers must include a C. Maximum Size of Awards corporations (for-profit organizations cover sheet, a program narrative, and a must waive their fees); and 1. Except as specified below, preliminary budget. d. Private agencies with expertise in applicants for new project grants and judicial administration. continuation grants may request funding 1. The Cover Sheet 2. The Institute may also make awards in amounts up to $200,000 for 15 The cover sheet for all concept papers to Federal, State or local agencies and months, although new and continuation must contain:

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.017 pfrm02 PsN: 15OCN2 56032 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

a. A title that clearly describes the description of how the project would be or, for papers requesting accelerated proposed project; evaluated, including the criteria that awards, the budget narrative and task b. The name and address of the court, would be used to measure its success or schedule. Additional material should organization, or individual submitting impact. not be attached unless it is essential to the paper; d. How would others find out about impart a clear understanding of the c. The name, title, address (if different the project and be able to use the project. from that in b.), and telephone number results? Applicants should describe the b. Applicants submitting more than of a contact person who can provide products that would result, the degree to one concept paper may include material further information about the paper; which they would be applicable to that would be identical in each concept d. The letter of the Special Interest courts across the nation, and to whom paper in a cover letter. This material Category (see section II.B.2.) or the the products and results of the project will be incorporated by reference into number of the statutory Program Area would be disseminated in addition to each paper and counted against the (see section II.A.) that the proposed the SJI-designated libraries (e.g., State eight-page limit for each. A copy of the project addresses most directly; and chief justices, specified groups of trial cover letter should be attached to each e. The estimated length of the judges, State court administrators, copy of each concept paper. proposed project. specified groups of trial court Applicants requesting the Board to administrators, State judicial educators, 6. Sample Concept Papers waive the application requirement and or other audiences). Sample concept papers from previous approve a grant of less than $40,000 funding cycles are available from the 3. The Budget based on the concept paper should add Institute upon request. APPLICATION WAIVER REQUESTED a. Preliminary Budget. A preliminary to the information on the cover page. budget must be attached to the narrative B. Submission Requirements that includes the information specified 2. The Program Narrative With the exception of papers on Form E included in Appendix H of following up on the National The program narrative of a concept this Guideline. Applicants should be Conference on Pro Se Litigants paper should be no longer than aware that prior written Institute Appearing in Court, an original and necessary, but must not exceed eight (8) approval is required for any consultant three copies of all concept papers 1 double-spaced pages on 8 ⁄2 by 11 inch rate in excess of $300 per day and that submitted for consideration in Fiscal paper. Margins must be at least 1 inch Institute funds may not be used to pay Year 2000—including those proposing and type size must be at least 12 point a consultant in excess of $900 per day. projects emanating from the National and 12 cpi. The pages should be b. Concept Papers Requesting Summit on Fatality Reviews held in numbered. The narrative should Accelerated Award of a Grant of Less October 1998; the National Conference describe: than $40,000. Applicants requesting a on Public Trust and Confidence in the a. Why is this project needed and how waiver of the application requirement Justice System held in May 1999; and would it benefit State courts? If the and approval of a grant based on a the National Symposium on the Future project is to be conducted in a specific concept paper under C. in this section of Judicial Branch Education scheduled location(s), applicants should discuss must attach to Form E (see Appendix H) for October 1999—must be sent by first the particular needs of the project site(s) a budget narrative that explains the class or overnight mail or by courier to be addressed by the project, why basis for each of the items listed and (but not by fax or e-mail) no later than those needs are not being met through indicates whether the costs would be November 24, 1999. the use of existing materials, programs, paid from grant funds, through a Concept papers following up on the procedures, services, or other resources, matching contribution, or from other National Conference on Pro Se Litigants and the benefits that would be realized sources. Courts requesting an Appearing in Court must be sent by first by the proposed site(s). accelerated award must also attach a class or overnight mail or by courier by If the project is not site-specific, Certificate of State Approval—Form B March 17, 2000. applicants should discuss the problems (Appendix I) signed by the Chief Justice A postmark or courier receipt will that the proposed project would of the State Supreme Court or the Chief constitute evidence of the submission address, why existing materials, Justice’s designee. date. All envelopes containing concept programs, procedures, services, or other papers should be marked CONCEPT resources cannot adequately resolve 4. Letters of Cooperation or Support PAPER and sent to: State Justice those problems, and the benefits that The Institute encourages concept Institute, 1650 King Street, Suite 600, would be realized from the project by paper applicants to attach letters of Alexandria, Virginia 22314. State courts generally. cooperation and support from the courts Receipt of each concept paper will be b. What would be done if a grant is and related agencies that would be acknowledged by the Institute in awarded? Applicants should include a involved in or directly affected by the writing. Extensions of the deadlines for summary description of the project to be proposed project. Letters of support may submission of concept papers will not conducted and the approach to be taken, be sent under separate cover; however, be granted. including the anticipated length of the to ensure sufficient time to bring them grant period. Applicants requesting a to the Board’s attention, support letters C. Institute Review waiver of the application requirement sent under separate cover must be 1. Review Process for a grant of less than $40,000 should received no later than January 5, 2000. explain the proposed methods for Concept papers will be reviewed conducting the project as fully as space 5. Page Limits competitively by the Institute’s Board of allows, and include a detailed task a. The Institute will not accept Directors. Institute staff will prepare a schedule as an attachment to the concept papers with program narratives narrative summary and a rating sheet concept paper. exceeding eight double-spaced pages assigning points for each relevant c. How would the effects and quality (see A.2. of this section). This page limit selection criterion for those concept of the project be determined? does not include the cover page, budget papers which fall within the scope of Applicants should include a summary form, letters of cooperation or support, the Institute’s funding program and

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.019 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56033 merit serious consideration by the b. In determining which concept information contained in the Board. Staff will also prepare a list of papers will be approved for award or application is true and complete; that those papers that, in the judgment of the selected for development into full submission of the application has been Executive Director, propose projects that applications, the Institute will also authorized by the applicant; and that if lie outside the scope of the Institute’s consider the availability of financial funding for the proposed project is program or are not likely to merit assistance from other sources for the approved, the applicant will comply serious consideration by the Board. The project; the amount and nature (cash or with the requirements and conditions of narrative summaries, rating sheets, and in-kind) of the applicant’s anticipated the award, including the assurances set list of non-reviewed papers will be match; whether the applicant is a State forth in Form D. presented to the Board for its review. court, a national court support or b. Certificate of State Approval Committees of the Board will review education organization, a non-court unit (FORM B). An application from a State concept paper summaries within of government, or another type of entity or local court must include a copy of assigned program areas and prepare eligible to receive grants under the FORM B signed by the State’s Chief recommendations for the full Board. Institute’s enabling legislation (see 42 Justice or Chief Judge, the director of the The full Board of Directors will then U.S.C. 10705(b)), as amended, and designated agency, or the head of the decide which concept paper applicants section IV of this Grant Guideline); the designated council. The signature will be invited to submit formal extent to which the proposed project denotes that the proposed project has applications for funding. The decision would also benefit the Federal courts or been approved by the State’s highest to invite an application is solely that of help the State courts enforce Federal court or the agency or council it has the Board of Directors. constitutional and legislative designated. It denotes further that if The Board may waive the application requirements, and the level of funding for the project is approved by requirement and approve a grant based appropriations available to the Institute the Institute, the court or the specified on a concept paper for a project in the current year and the amount designee will receive, administer, and requiring less than $40,000 when the expected to be available in succeeding be accountable for the awarded funds. need for and benefits of the project are fiscal years. c. Budget Forms (FORM C or C1). clear and the methodology and budget Applicants may submit the proposed require little additional explanation. 3. Notification to Applicants project budget either in the tabular Applicants considering whether to The Institute will send written notice format of FORM C or in the spreadsheet request consideration for an accelerated to all persons submitting concept format of FORM C1. Applicants award should make certain that the papers, informing them of the Board’s requesting $100,000 or more are proposed budget is sufficient to decisions regarding their papers and of strongly encouraged to use the accomplish the project objectives in a the key issues and questions that arose spreadsheet format. If the proposed quality manner. Because the Institute’s during the review process. A decision project period is for more than a year, experience has been that projects to by the Board not to invite an application a separate form should be submitted for conduct empirical research or a program may not be appealed, but applicants each year or portion of a year for which evaluation ordinarily require a more may resubmit the concept paper or a grant support is requested, as well as for thorough explanation of the revision thereof in a subsequent funding the total length of the project. methodology to be used than can be cycle. The Institute will also notify the In addition to FORM C or C1, provided within the space limitations of relevant State contact (all of whom are applicants must provide a detailed a concept paper, the Board is unlikely listed in Appendix C) when the Board budget narrative providing an to waive the application requirement for invites applications submitted by courts explanation of the basis for the such projects. within that State or that specify a estimates in each budget category. (See participating site within that State. 4. below in this section.) 2. Selection Criteria If funds from other sources are a. All concept papers will be VII. Applications required to conduct the project, either as evaluated on the basis of the following A. Project Grants match or to support other aspects of the criteria: project, the source, current status of the (1) The demonstration of need for the An application for a Project Grant request, and anticipated decision date project; must include an application form; must be provided. (2) The soundness and innovativeness budget forms (with appropriate d. Assurances (FORM D). This form of the approach described; documentation); a project abstract and lists the statutory, regulatory, and policy (3) The benefits to be derived from the program narrative; a disclosure of requirements with which recipients of project; lobbying form, when applicable; and Institute funds must comply. (4) The reasonableness of the certain certifications and assurances. e. Disclosure of Lobbying Activities. proposed budget; The Institute will send the required Applicants other than units of State or (5) The proposed project’s application forms to applicants invited local government are required to relationship to one of the ‘‘Special to submit a full application. Applicants disclose whether they, or another entity Interest’’ categories set forth in section may photocopy the forms to make that is part of the same organization as II.B; and completion easier. the applicant, have advocated a position (6) The degree to which the findings, 1. Forms before Congress on any issue, and to procedures, training, technology, or identify the specific subjects of their other results of the project can be a. Application Form (FORM A). The lobbying efforts. (See section IX.A.6.) transferred to other jurisdictions. application form requests basic Single jurisdiction concept papers information regarding the proposed 2. Project Abstract will be rated on the proposed project’s project, the applicant, and the total The abstract should highlight the relation to one of the ‘‘Special Interest’’ amount of funding requested from the purposes, goals, methods and categories set forth in section II.B. and Institute. It also requires the signature of anticipated benefits of the proposed the special requirements listed in an individual authorized to certify on project. It should not exceed 1 single- section II.D. and VII.A. behalf of the applicant that the spaced page on 81⁄2 by 11 inch paper.

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.021 pfrm02 PsN: 15OCN2 56034 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

3. Program Narrative for accomplishing each task. For of the procedures, technology, or example: services tested; or the validity and The program narrative for an (a) For research and evaluation applicability of the research conducted. application may not exceed 25 double- projects, the applicant should include 1 In addition, where appropriate, the spaced pages on 8 ⁄2 by 11 inch paper. the data sources, data collection evaluation process should be designed Margins must be at least 1 inch, and strategies, variables to be examined, and to provide on-going or periodic feedback type size must be at least 12-point and analytic procedures to be used for on the effectiveness or utility of the 12 cpi. The pages should be numbered. conducting the research or evaluation project in order to promote its This page limit does not include the and ensuring the validity and general continuing improvement. The plan forms, the abstract, the budget narrative, applicability of the results. For projects should present the qualifications of the and any appendices containing resumes involving human subjects, the evaluator(s); describe the criteria that and letters of cooperation or discussion of methods should address would be used to evaluate the project’s endorsement. Additional background the procedures for obtaining effectiveness in meeting its objectives; material should be attached only if it is respondents’ informed consent, explain how the evaluation would be essential to impart a clear ensuring the respondents’ privacy and conducted, including the specific data understanding of the proposed project. freedom from risk or harm, and the collection and analysis techniques to be Numerous and lengthy appendices are protection of others who are not the used; discuss why this approach would strongly discouraged. subjects of research but would be be appropriate; and present a schedule The program narrative should address affected by the research. If the potential for completion of the evaluation within the following topics: exists for risk or harm to the human the proposed project period. a. Project Objectives. The applicant subjects, a discussion should be The evaluation plan should be should include a clear, concise included that explains the value of the appropriate to the type of project statement of what the proposed project proposed research and the methods to proposed. For example: is intended to accomplish. In stating the be used to minimize or eliminate such (a) Research. An evaluation approach objectives of the project, applicants risk. suited to many research projects is a should focus on the overall (b) For education and training review by an advisory panel of the programmatic objective (e.g., to enhance projects, the applicant should include research methodology, data collection understanding and skills regarding a the adult education techniques to be instruments, preliminary analyses, and specific subject, or to determine how a used in designing and presenting the products as they are drafted. The panel certain procedure affects the court and program, including the teaching/ should be comprised of independent litigants) rather than on operational learning objectives of the educational researchers and practitioners objectives (e.g., provide training for 32 design, the teaching methods to be used, representing the perspectives affected judges and court managers, or review and the opportunities for structured by the proposed project. data from 300 cases). interaction among the participants; how (b) Education and Training. The most b. Program Areas to be Covered. The faculty would be recruited, selected, valuable approaches to evaluating applicant should note the Special and trained; the proposed number and educational or training programs Interest Category or Categories that are length of the conferences, courses, reinforce the participants’ learning experience while providing useful addressed by the proposed project (see seminars, or workshops to be conducted feedback on the impact of the program section II.B.). If the proposed project and the estimated number of persons and possible areas for improvement. does not fall within one of the Institute’s who would attend them; the materials to One appropriate evaluation approach is Special Interest Categories, the be provided and how they would be to assess the acquisition of new applicant should list the Statutory developed; and the cost to participants. (c) For demonstration projects, the knowledge, skills, attitudes or Program Area or Areas that are applicant should include the understanding through participant addressed by the proposed project. (See demonstration sites and the reasons feedback on the seminar or training section II.A.) they were selected, or if the sites have event. Such feedback might include a c. Need for the Project. If the project not been chosen, how they would be self-assessment on what was learned is to be conducted in a specific identified and their cooperation along with the participant’s response to location(s), the applicant should discuss obtained; and how the program or the quality and effectiveness of faculty the particular needs of the project site(s) procedures would be implemented and presentations, the format of sessions, the to be addressed by the project and why monitored. value or usefulness of the material those needs are not being met through (d) For technical assistance projects, presented, and other relevant factors. the use of existing materials, programs, the applicant should explain the types Another appropriate approach would be procedures, services, or other resources. of assistance that would be provided; to use an independent observer who If the project is not site-specific, the the particular issues and problems for might request both verbal and written applicant should discuss the problems which assistance would be provided; responses from participants in the that the proposed project would how requests would be obtained and the program. When an education project address, and why existing materials, type of assistance determined; how involves the development of curricular programs, procedures, services, or other suitable providers would be selected materials, an advisory panel of relevant resources cannot adequately resolve and briefed; how reports would be experts can be coupled with a test of the those problems. The discussion should reviewed; and the cost to recipients. curriculum to obtain the reactions of include specific references to the (2) Evaluation. Every project design participants and faculty as indicated relevant literature and to the experience must include an evaluation plan to above. in the field. determine whether the project met its (c) Demonstration. The evaluation d. Tasks, Methods and Evaluation. (1) objectives. The evaluation should be plan for a demonstration project should Tasks and Methods. The applicant designed to provide an objective and encompass an assessment of program should delineate the tasks to be independent assessment of the effectiveness (e.g., how well did it performed in achieving the project effectiveness or usefulness of the work?); user satisfaction, if appropriate; objectives and the methods to be used training or services provided; the impact the cost-effectiveness of the program; a

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.023 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56035 process analysis of the program (e.g., would be submitted to the Institute. The the results and distribute the release to was the program implemented as budget should include the cost of a list of national and State judicial designed, and/or did it provide the producing and disseminating the branch organizations. SJI will provide services intended to the targeted product to each in-State SJI library, press release guidelines and a list of population?); the impact of the program State chief justice, State court recipients to grantees at least 30 days (e.g., what effect did the program have administrator, and other judges or court before the end of the grant period. on the court, and/or what benefits personnel. (3) Institute Review. Applicants must resulted from the program?); and the (1) Dissemination Plan. The submit a final draft of all written grant replicability of the program or application must explain how and to products to the Institute for review and components of the program. whom the products would be approval at least 30 days before the (d) Technical Assistance. For disseminated; describe how they would products are submitted for publication technical assistance projects, applicants benefit the State courts, including how or reproduction. For products in a should explain how the quality, they could be used by judges and court videotape or CD–ROM format, timeliness, and impact of the assistance personnel; identify development, applicants must provide for incremental provided would be determined, and production, and dissemination costs Institute review of the product at the develop a mechanism for feedback from covered by the project budget; and treatment, script, rough-cut, and final both the users and providers of the present the basis on which products and stages of development, or their technical assistance. services developed or provided under equivalents. No grant funds may be Evaluation plans involving human the grant would be offered to the courts obligated for publication or subjects should include a discussion of community and the public at large (i.e., reproduction of a final grant product the procedures for obtaining whether products would be distributed without the written approval of the respondents’ informed consent, at no cost to recipients, or if costs are Institute. (See section IX.A.10e.) ensuring the respondents’ privacy and involved, the reason for charging (4) Acknowledgment, Disclaimer, and freedom from risk or harm, and the recipients and the estimated price of the Logo. Applicants must also include in protection of others who are not the product). (See section IX.A.10.b.) all project products a prominent subjects of evaluation but would be Ordinarily, applicants should schedule acknowledgment that support was affected by it. Other than the provision all product preparation and distribution received from the Institute and a of confidentiality to respondents, activities within the project period. disclaimer paragraph based on the human subject protection issues A copy of each product must be sent example provided in section IX.A.10. of ordinarily are not applicable to to the library established in each State the Guideline. The ‘‘SJI’’ logo must participants evaluating an education to collect the materials developed with appear on the front cover of a written program. Institute support. (A list of these e. Project Management. The applicant libraries is contained in Appendix D.) product, or in the opening frames of a should present a detailed management To facilitate their use, all videotaped video, unless the Institute approves plan, including the starting and products should be distributed in VHS another placement. completion date for each task; the time format. g. Applicant Status. An applicant that commitments to the project of key staff Seventeen (17) copies of all project is not a State or local court and has not and their responsibilities regarding each products must be submitted to the received a grant from the Institute project task; and the procedures that Institute. A master copy of each within the past two years should state would ensure that all tasks are videotape, in addition to 17 copies of whether it is either a national non-profit performed on time, within budget, and each videotape product, must also be organization controlled by, operating in at the highest level of quality. In provided to the Institute. conjunction with, and serving the preparing the project time line, Gantt (2) Types of Products and Press judicial branches of State governments; Chart, or schedule, applicants should Releases. The type of product to be or a national non-profit organization for make certain that all project activities, prepared depends on the nature of the the education and training of State court including publication or reproduction of project. For example, in most instances, judges and support personnel. See project products and their initial the products of a research, evaluation, section IV. If the applicant is a dissemination, would occur within the or demonstration project should include nonjudicial unit of Federal, State, or proposed project period. The an article summarizing the project local government, it must explain management plan must also provide for findings that is publishable in a journal whether the proposed services could be the submission of Quarterly Progress serving the courts community adequately provided by non- and Financial Reports within 30 days nationally, an executive summary that governmental entities. after the close of each calendar quarter would be disseminated to the project’s h. Staff Capability. The applicant (i.e., no later than January 30, April 30, primary audience, or both. Applicants should include a summary of the July 30, and October 30). proposing to conduct empirical research training and experience of the key staff Applicants should be aware that the or evaluation projects with national members and consultants that qualify Institute is unlikely to approve more import should describe how they would them for conducting and managing the than one limited extension of the grant make their data available for secondary proposed project. Resumes of identified period. Therefore, the management plan analysis after the grant period. (See staff should be attached to the should be as realistic as possible and section IX.A.13.a.) application. If one or more key staff fully reflect the time commitments of The curricula and other products members and consultants are not known the proposed project staff and developed by education and training at the time of the application, a consultants. projects should be designed for use description of the criteria that would be f. Products. The program narrative in outside the classroom so that they may used to select persons for these the application should contain a be used again by original participants positions should be included. The description of the products to be and others in the course of their duties. applicant also should identify the developed (e.g., training curricula and In addition, recipients of project person who would be responsible for materials, videotapes, articles, manuals, grants must prepare a press release the financial management and financial or handbooks), including when they describing the project and announcing reporting for the proposed project.

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.024 pfrm02 PsN: 15OCN2 56036 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

i. Organizational Capacity. supported by grants from other funding d. Travel. Transportation costs and Applicants that have not received a sources, applicants should make clear per diem rates must comply with the grant from the Institute within the past what costs would be covered by those policies of the applicant organization. If two years should include a statement other grants. Additional background or the applicant does not have an describing their capacity to administer schedules may be attached if they are established travel policy, then travel grant funds, including the financial essential to obtaining a clear rates must be consistent with those systems used to monitor project understanding of the proposed budget. established by the Institute or the expenditures (and income, if any), and Numerous and lengthy appendices are Federal Government. (A copy of the a summary of their past experience in strongly discouraged. Institute’s travel policy is available administering grants, as well as any The budget narrative should cover the upon request.) The budget narrative resources or capabilities that they have costs of all components of the project should include an explanation of the that would particularly assist in the and clearly identify costs attributable to rate used, including the components of successful completion of the project. the project evaluation. Under OMB the per diem rate and the basis for the Unless requested otherwise, an grant guidelines incorporated by estimated transportation expenses. The applicant that has received a grant from reference in this Guideline, grant funds purpose of the travel should also be the Institute within the past two years may not be used to purchase alcoholic included in the narrative. should describe only the changes in its beverages. e. Equipment. Grant funds may be organizational capacity, tax status, or a. Justification of Personnel used to purchase only the equipment financial capability that may affect its Compensation. The applicant should set necessary to demonstrate a new capacity to administer a grant. forth the percentages of time to be technological application in a court or If the applicant is a non-profit devoted by the individuals who would that is otherwise essential to organization (other than a university), it staff the proposed project, the annual accomplishing the objectives of the must also provide documentation of its salary of each of those persons, and the project. Equipment purchases to support 501(c) tax-exempt status as determined number of work days per year used for basic court operations ordinarily will by the Internal Revenue Service and a calculating the percentages of time or not be approved. The applicant should copy of a current certified audit report. daily rates of those individuals. The describe the equipment to be purchased For purposes of this requirement, applicant should explain any deviations or leased and explain why the current means no earlier than two years from current rates or established written acquisition of that equipment is organizational policies. If grant funds prior to the current calendar year. essential to accomplish the project’s If a current audit report is not are requested to pay the salary and goals and objectives. The narrative available, the Institute will require the related costs for a current employee of should clearly identify which organization to complete a financial a court or other unit of government, the equipment is to be leased and which is capability questionnaire which must be applicant should explain why this to be purchased. The method of signed by a Certified Public Accountant. would not constitute a supplantation of procurement should also be described. Other applicants may be required to State or local funds in violation of 42 Purchases for automatic data processing provide a current audit report, a U.S.C. 10706(d)(1). An acceptable equipment must comply with section financial capability questionnaire, or explanation may be that the position to X.I.2.b. both, if specifically requested to do so be filled is a new one established in f. Supplies. The applicant should by the Institute. conjunction with the project or that the j. Statement of Lobbying Activities. grant funds would support only the provide a general description of the Non-governmental applicants must portion of the employee’s time that supplies necessary to accomplish the submit the Institute’s Disclosure of would be dedicated to new or additional goals and objectives of the grant. In Lobbying Activities Form, which duties related to the project. addition, the applicant should provide documents whether they, or another b. Fringe Benefit Computation. The the basis for the amount requested for entity that is a part of the same applicant should provide a description this expenditure category. organization as the applicant, have of the fringe benefits provided to g. Construction. Construction advocated a position before Congress on employees. If percentages are used, the expenses are prohibited except for the any issue, and identifies the specific authority for such use should be limited purposes set forth in section subjects of their lobbying efforts. presented, as well as a description of the IX.A.15. Any allowable construction or k. Letters of Cooperation or Support. elements included in the determination renovation expense should be described If the cooperation of courts, of the percentage rate. in detail in the budget narrative. organizations, agencies, or individuals c. Consultant/Contractual Services h. Telephone. Applicants should other than the applicant is required to and Honoraria. The applicant should include anticipated telephone charges, conduct the project, the applicant describe the tasks each consultant distinguishing between monthly charges should attach written assurances of would perform, the estimated total and long distance charges in the budget cooperation and availability to the amount to be paid to each consultant, narrative. Also, applicants should application, or send them under the basis for compensation rates (e.g., provide the basis used to calculate the separate cover. To ensure sufficient time the number of days multiplied by the monthly and long distance estimates. to bring them to the Board’s attention, daily consultant rates), and the method i. Postage. Anticipated postage costs letters of support sent under separate for selection. Rates for consultant for project-related mailings, including cover must be received no more than 30 services must be set in accordance with distribution of the final product(s), days after the deadline for mailing the section X.I.2.c. Honorarium payments should be described in the budget application. must be justified in the same manner as narrative. The cost of special mailings, other consultant payments. Prior written such as for a survey or for announcing 4. Budget Narrative Institute approval is required for any a workshop, should be distinguished The budget narrative should provide consultant rate in excess of $300 per from routine operational mailing costs. the basis for the computation of all day; Institute funds may not be used to The bases for all postage estimates project-related costs. When the pay a consultant more than $900 per should be included in the budget proposed project would be partially day. narrative.

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.025 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56037

j. Printing/Photocopying. Anticipated application package envelope and send but no less than 120 days before the end costs for printing or photocopying it to: State Justice Institute, 1650 King of the current grant period. project documents, reports, and Street, Suite 600, Alexandria, VA 22314. a. A letter of intent must be no more publications should be included in the Receipt of each application will be than 3 single-spaced pages on 81⁄2 by 11 budget narrative, along with the bases acknowledged in writing. Extensions of inch paper and contain a concise but used to calculate these estimates. the deadline for submission of thorough explanation of the need for k. Indirect Costs. Applicants should applications will not be granted. See continuation; an estimate of the funds to describe the indirect cost rates 3.k. above in this section for deadlines be requested; and a brief description of applicable to the grant in detail. If costs for letters of support. anticipated changes in the scope, focus, often included within an indirect cost or audience of the project. b. Applicants submitting more than rate are charged directly (e.g., a b. Within 30 days after receiving a one application may include material percentage of the time of senior letter of intent, Institute staff will review that would be identical in each managers to supervise product the proposed activities for the next activities), the applicant should specify application in a cover letter. This project period and inform the grantee of that these costs are not included within material will be incorporated by specific issues to be addressed in the its approved indirect cost rate. These reference into each application and continuation application and the date rates must be established in accordance counted against the 25-page limit for the by which the application must be with section X.I.4. If the applicant has program narrative. A copy of the cover submitted. an indirect cost rate or allocation plan letter should be attached to each copy 3. Application Format approved by any Federal granting of each application. agency, a copy of the approved rate B. Continuation Grant Applications An application for a continuation agreement should be attached to the grant must include an application form, application. 1. Purpose and Scope budget forms (with appropriate l. Match. The applicant should Continuation grants are intended to documentation), a project abstract describe the source of any matching support projects with a limited duration conforming to the format set forth in contribution and the nature of the match that involve the same type of activities A.2. of this section, a program narrative, provided. Any additional contributions as the previous project. They are a budget narrative, a Certificate of State to the project should be described in intended to enhance the specific Approval—FORM B (Appendix I) if the this section of the budget narrative as program or service produced or applicant is a State or local court, a well. If in-kind match is to be provided, established during the prior grant disclosure of lobbying form (from the applicant should describe how the period. They may be used, for example, applicants other than units of State or amount and value of the time, services, when a project is divided into two or local government), and any necessary or materials actually contributed would more sequential phases, for secondary appendices. be documented for audit purposes. analysis of data obtained in an Institute- The program narrative should Applicants should be aware that the supported research project, or for more conform to the length and format time spent by participants in education extensive testing of an innovative requirements set forth in A.3. of this courses does not qualify as in-kind technology, procedure, or program section. However, rather than the topics match. developed with SJI grant support. listed there, the program narrative of a Applicants that do not contemplate Continuation grants should be continuation application should making matching contributions distinguished from on-going support include: continuously throughout the course of a. Project Objectives. The applicant grants, which are awarded to support the project or on a task-by-task basis should clearly and concisely state what critically needed long-term national must provide a schedule within 30 days the continuation project is intended to scope projects. See C. below in this after the beginning of the project period accomplish. section. indicating at what points during the b. Need for Continuation. The project period the matching The award of an initial grant to applicant should explain why contributions would be made. (See support a project does not constitute a continuation of the project is necessary sections III.N., VIII.B., IX.A.7., and commitment by the Institute to continue to achieve the goals of the project, and X.E.1.) funding. For a project to be considered how the continuation would benefit the for continuation funding, the grantee participating courts or the courts 5. Submission Requirements must have completed all project tasks community generally, by explaining, for a. Every applicant must submit an and met all grant requirements and example, how the original goals and original and four copies of the conditions in a timely manner, absent objectives of the project would be application package consisting of FORM extenuating circumstances or prior unfulfilled if it were not continued; or A; FORM B, if the application is from Institute approval of changes to the how the value of the project would be a State or local court, or a Disclosure of project design. Continuation grants are enhanced by its continuation. Lobbying Form, if the applicant is not not intended to provide support for a c. Report of Current Project Activities. a unit of State or local government; the project for which the grantee has The applicant should discuss the status Budget Forms (either FORM C or C–1); underestimated the amount of time or of all activities conducted during the the Application Abstract; Program funds needed to accomplish the project previous project period. Applicants Narrative; Budget Narrative; and any tasks. should identify any activities that were necessary appendices. 2. Letters of Intent not completed, and explain why. All applications invited by the d. Evaluation Findings. The applicant Institute’s Board of Directors must be In lieu of a concept paper, a grantee should present the key findings, impact, sent by first class or overnight mail or seeking a continuation grant must or recommendations resulting from the by courier no later than May 10, 2000. inform the Institute, by letter, of its evaluation of the project, if available, A postmark or courier receipt will intent to submit an application for such and how they would be addressed constitute evidence of the submission funding as soon as the need for during the proposed continuation. If the date. Please mark APPLICATION on the continued funding becomes apparent findings are not yet available, the

VerDate 12-OCT-99 18:15 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\15OCN2.XXX pfrm01 PsN: 15OCN2 56038 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices applicant should provide the date by The Board will consider awarding an in the projected costs for the remainder which they would be submitted to the on-going support grant for a period of of the project period. Institute. Ordinarily, the Board will not up to 36 months. The total amount of 2. Letters of Intent consider an application for continuation the grant will be fixed at the time of the funding until the Institute has received initial award. Funds ordinarily will be In lieu of a concept paper, an the evaluator’s report. made available in annual increments as applicant seeking an on-going support e. Tasks, Methods, Staff and Grantee specified in section V.C.2. grant must inform the Institute, by Capability. The applicant should fully The award of an initial grant to letter, of its intent to submit an describe any changes in the tasks to be support a project does not constitute a application for such funding as soon as performed, the methods to be used, the commitment by the Institute to provide the need for continuing funding products of the project, and how and to on-going support at the end of the becomes apparent but no less than 120 whom those products would be original project period. A project is days before the end of the current grant disseminated, as well as any changes in eligible for consideration for an on- period. The letter of intent should be in the assigned staff or the grantee’s going support grant if: the same format as that prescribed for organizational capacity. Applicants a. The project is supported by and has continuation grants in B.2. of this should include, in addition, the criteria been evaluated under a grant from the section. and methods by which the proposed Institute; 3. Format continuation project would be b. The project is national in scope and An application for an on-going evaluated. provides a significant benefit to the support grant must include an f. Task Schedule. The applicant State courts; application form; budget forms (with should present a detailed task schedule c. There is a continuing critical need appropriate documentation); a and timeline for the next project period. for the services, programs or products g. Other Sources of Support. The Certificate of State Approval—FORM B provided by the project, indicated by applicant should indicate why other (Appendix I) if the applicant is a State the level of use and support by members sources of support would be inadequate, or local court; a Disclosure of Lobbying of the court community; inappropriate, or unavailable. Activities form (from applicants other d. The project is accomplishing its than units of State or local government); 4. Budget and Budget Narrative objectives in an effective and efficient a project abstract conforming to the manner; and The applicant should provide a format set forth in A.2. of this section; e. It is likely that the service or complete budget and budget narrative a program narrative; a budget narrative; program provided by the project would conforming to the requirements set forth and any necessary appendices. in A.4. in this section. Changes in the be curtailed or significantly reduced The program narrative should funding level requested should be without Institute support. conform to the length and format discussed in terms of corresponding Each on-going support application requirements set forth in A.3. of this increases or decreases in the scope of must include an evaluation component section; however, rather than the topics activities or services to be rendered. In assessing its effectiveness and operation listed there, the program narrative of addition, the applicant should estimate throughout the grant period. The applications for on-going support grants the amount of grant funds that would evaluation should be independent but should address: remain unobligated at the end of the may be designed collaboratively by the a. Description of Need for and current grant period. evaluator and the grantee. The design Benefits of the Project. The applicant should call for regular feedback from the should provide a detailed discussion of 5. References to Previously Submitted evaluator to the grantee throughout the Material the benefits provided by the project to project period concerning the State courts around the country, A continuation application should not recommendations for mid-course including the degree to which State repeat information contained in a corrections or improvement of the courts, State court judges, or State court previously approved application or project, as well as periodic reports to the managers and personnel are using the other previously submitted materials, Institute at relevant points in the services or programs provided by the but should provide specific references project. project. to such materials where appropriate. An interim evaluation report must be b. Demonstration of Court Support. 6. Submission Requirements submitted 18 months into the 3-year The applicant should demonstrate grant period. The decision to release support for the continuation of the The submission requirements set forth Institute funds to support the third year project from the courts community. in A.5. in this section, other than the of the project will be based on the c. Report on Current Project Activities. mailing deadline, apply to continuation interim evaluation findings and the The applicant should discuss the extent applications. applicant’s response to any deficiencies to which the project has met its goals C. On-going Support Grants noted in the report, as well as the and objectives, identify any activities availability of appropriations and the that have not been completed, and 1. Purpose and Scope project’s consistency with the Institute’s explain why they have not been On-going support grants are intended priorities. completed. to support projects that are national in A final evaluation assessing the d. Evaluation Findings. The applicant scope and provide the State courts with effectiveness, operation of, and should attach a copy of the final services, programs or products for continuing need for the project must be evaluation report regarding the which there is a continuing critical submitted 90 days before the end of the effectiveness, impact, and operation of need. An on-going support grant may 3-year project period. In addition, a the project, specify the key findings or also be used to fund longitudinal detailed annual task schedule must be recommendations resulting from the research that directly benefits the State submitted not later than 45 days before evaluation, and explain how they would courts. On-going support grants are the end of the first and second years of be addressed during the next three subject to the limits on size and the grant period, along with an years. Ordinarily, the Board will not duration set forth in V.C.2. and V.D.2. explanation of any necessary revisions consider an application for on-going

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.028 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56039 support until the Institute has received D. Technical Assistance Grants c. Likelihood of Implementation. the evaluator’s report. What steps have been or would be taken 1. Purpose and Scope e. Objectives, Tasks, Methods, Staff to facilitate implementation of the and Grantee Capability. The applicant Technical assistance grants are consultant’s recommendations upon should describe fully any changes in the awarded to State and local courts to completion of the technical assistance? objectives; tasks to be performed; the obtain the assistance of outside experts For example, if the support or methods to be used; the products of the in diagnosing, developing, and cooperation of specific court officials or project; how and to whom those implementing a response to a particular committees, other agencies, funding products would be disseminated; the problem in a jurisdiction. bodies, organizations, or a court other than the applicant would be needed to assigned staff; and the grantee’s 2. Application Procedures organizational capacity. The grantee adopt the changes recommended by the also should describe the steps it would In lieu of formal applications, consultant and approved by the court, take to obtain support from other applicants for Technical Assistance how would they be involved in the sources for the continued operation of grants may submit, at any time, an review of the recommendations and the project. original and three copies of a detailed development of the implementation f. Task Schedule. The applicant letter describing the proposed project. plan? should present a general schedule for Letters from an individual trial or d. Support for the Project from the the full proposed project period and a appellate court must be signed by the State Supreme Court or its Designated detailed task schedule for the first year presiding judge or manager of that court. Agency or Council. Written concurrence of the proposed new project period. Letters from the State court system must on the need for the technical assistance must be submitted. This concurrence g. Other Sources of Support. The be signed by the Chief Justice or State Court Administrator. may be a copy of SJI Form B (see applicant should describe what efforts it Appendix I) signed by the Chief Justice has taken to secure support for the 3. Application Format of the State Supreme Court or the Chief project from other sources. Although there is no prescribed form Justice’s designee, or a letter from the 4. Budget and Budget Narrative for the letter nor a minimum or State Chief Justice or designee. The concurrence may be submitted with the The applicant should provide a maximum page limit, letters of application should include the applicant’s letter or under separate complete three-year budget and budget cover prior to consideration of the narrative conforming to the following information: a. Need for Funding. What is the application. The concurrence also must requirements set forth in A.4. of this specify whether the State Supreme section, and estimate the amount of critical need facing the court? How would the proposed technical assistance Court would receive, administer, and grant funds that would remain account for the grant funds, if awarded, unobligated at the end of the current help the court meet this critical need? Why cannot State or local resources or would designate the local court or a grant period. Changes in the funding specified agency or council to receive fully support the costs of the required level requested should be discussed in the funds directly. terms of corresponding increases or consultant services? decreases in the scope of activities or b. Project Description. What tasks 4. Budget and Matching State services to be rendered. A complete would the consultant be expected to Contribution budget narrative should be provided for perform, and how would they be A completed Form E, Preliminary the full project as well as for each year, accomplished? Which organization or Budget (see Appendix H) and budget or portion of a year, for which grant individual would be hired to provide narrative must be included with the support is requested. The budget should the assistance, and how was this letter requesting technical assistance. provide for realistic cost-of-living and consultant selected? If a consultant has The estimated cost of the technical staff salary increases over the course of not yet been identified, what procedures assistance services should be broken the requested project period. Applicants and criteria would be used to select the down into the categories listed on the should be aware that the Institute is consultant? (Applicants are expected to budget form rather than aggregated unlikely to approve a supplemental follow their jurisdictions’ normal under the Consultant/Contractual budget increase for an on-going support procedures for procuring consultant category. grant in the absence of well- services.) What is the time frame for The budget narrative should provide documented, unanticipated factors that completion of the technical assistance? the basis for all project-related costs, would clearly justify the requested How would the court oversee the project including the basis for determining the increase. and provide guidance to the consultant, estimated consultant costs, if and who at the court would be compensation of the consultant is 5. References to Previously Submitted responsible for coordinating all project required (e.g., the number of days per Material tasks and submitting quarterly progress task times the requested daily An application for an on-going and financial status reports? consultant rate). Applicants should be support grant should not repeat If the consultant has been identified, aware that consultant rates above $300 information contained in a previously the applicant should provide a letter per day must be approved in advance by approved application or other from that individual or organization the Institute, and that no consultant will previously submitted materials, but documenting interest in and availability be paid more than $900 per day. In should provide specific references to for the project, as well as the addition, the budget should provide for such materials where appropriate. consultant’s ability to complete the submission of two copies of the assignment within the proposed time 6. Submission Requirements consultant’s final report to the Institute. frame and for the proposed cost. The Recipients of technical assistance The submission requirements set forth consultant must agree to submit a grants do not have to submit an audit in A.5. of this section, other than the detailed written report to the court and but must maintain appropriate mailing deadline, apply to applications the Institute upon completion of the documentation to support expenditures. for on-going support grants. technical assistance. (See section IX.A.3.)

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.030 pfrm02 PsN: 15OCN2 56040 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

5. Submission Requirements a. Project Description. What is the 5. Submission Requirements title of the model curriculum to be Letters of application may be Letters of application may be adapted and who developed it? What submitted at any time; however, all of submitted at any time. However, are the project’s goals? Why is this the letters received during a calendar applicants should allow at least 90 days education program needed at the quarter will be considered at one time. between the date of submission and the present time? What program Applicants submitting letters between date of the proposed program to allow components would be implemented, June 12 and September 30, 1999 will be sufficient time for needed planning. and what types of modifications, if any, notified of the Board’s decision by are anticipated in length, format, F. Scholarships December 10, 1999; those submitting learning objectives, teaching methods, letters between October 1, 1999 and 1. Purpose and Scope or content? Who would be responsible January 14, 2000 will be notified by for adapting the model curriculum? The purposes of the Institute March 31, 2000; notification of the Who would the participants be, how scholarship program are to enhance the Board’s decisions concerning letters many would there be, how would they skills, knowledge, and abilities of judges mailed between January 15 and March be recruited, and from where would and court managers; enable State court 11, 2000, will be made by May 26, 2000; they come (e.g., from across the State, judges and court managers to attend out- and notice of decisions regarding letters from a single local jurisdiction, from a of-State educational programs submitted between March 11 and June multi-State region)? sponsored by national and State 10, 2000 will be made by August 25, b. Need for Funding. Why are providers that they could not otherwise 2000. Subject to the availability of attend because of limited State, local sufficient appropriations for fiscal year sufficient State or local resources unavailable to fully support the and personal budgets; and provide 2000, applicants submitting letters States, judicial educators, and the between June 11 and September 29, modification and presentation of the model curriculum? What is the potential Institute with evaluative information on 2000, will be notified by December 15, a range of judicial and court-related 2000. for replicating or integrating the program in the future using State or education programs. If the support or cooperation of Scholarships will be granted to agencies, funding bodies, organizations, local funds, once it has been successfully adapted and tested? individuals only for the purpose of or courts other than the applicant would attending an educational program in c. Likelihood of Implementation. be needed in order for the consultant to another State. An applicant may apply What is the proposed timeline and what perform the required tasks, written for a scholarship for only one process would be used for modifying assurances of such support or educational program during any one and presenting the program? Who cooperation should accompany the application cycle. application letter. Support letters also would serve as faculty, and how were Scholarship funds may be used only may be submitted under separate cover; they selected? What measures would be to cover the costs of tuition and however, to ensure that there is taken to evaluate and facilitate transportation expenses. Transportation sufficient time to bring them to the subsequent improvements in expenses may include round-trip coach attention of the Board’s Technical presentations of the program? airfare or train fare. Scholarship Assistance Committee, letters sent (Ordinarily, an independent evaluation recipients are strongly encouraged to under separate cover must be received of a curriculum adaptation project is not take advantage of excursion or other not less than three weeks prior to the required; however, the results of any special air fares (e.g., reductions offered Board meeting at which the technical evaluation should be included in the when a ticket is purchased 21 days in assistance requests will be considered final report.) advance of the travel date or because the (i.e., by October 21, 1999, and February d. Expressions of Interest by Judges traveler is staying over a Saturday night) 10, April 13, and July 7, 2000). and/or Court Personnel. Does the when making their travel arrangements. E. Curriculum Adaptation Grants proposed program have the support of Recipients who drive to a program site the court system leadership, and of may receive $.31/mile up to the amount 1. Purpose and Scope judges, court managers, and judicial of the advanced-purchase round-trip Curriculum Adaptation grants are education personnel who are expected airfare between their homes and the available to State and local courts to to attend? (This may be demonstrated by program sites. Funds to pay tuition and support replication or modification of a attaching letters of support.) transportation expenses in excess of model training program originally e. Chief Justice’s Concurrence. Local $1,500 and other costs of attending the developed with Institute funds. courts should attach a concurrence form program—such as lodging, meals, Ordinarily, Curriculum Adaptation signed by the Chief Justice of the State materials, transportation to and from grants may not be used to support more or his or her designee. (See Form B, airports, and local transportation than two presentations of a curriculum. Appendix I.) (including rental cars)—at the program site must be obtained from other sources 2. Application Procedures 4. Budget and Matching State Contribution or be borne by the scholarship recipient. In lieu of concept papers and formal Scholarship applicants are encouraged applications, applicants should submit Applicants should attach a copy of to check other sources of financial an original and three photocopies of a budget Form E (see Appendix H) and a assistance and to combine aid from detailed letter. budget narrative (see A.4. in this various sources whenever possible. section) that describes the basis for the A scholarship is not transferable to 3. Application Format computation of all project-related costs another individual. It may be used only Although there is no prescribed and the source of the match offered. As for the course specified in the format for the letter, or a minimum or with other awards to State or local application unless attendance at a maximum page limit, letters of courts, cash or in-kind match must be different course that meets the eligibility application should include the provided in an amount equal to at least requirements is approved in writing by following information: 50% of the grant amount requested. the Institute. Decisions on such requests

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.032 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56041 will be made within 30 days after the support from their immediate extent to which the project will have receipt of the request letter. supervisors. long-term benefits for State courts across the nation; 2. Eligibility Requirements 4. Submission Requirements (7) The degree to which the findings, a. Recipients. Scholarships can be Scholarship applications must be procedures, training, technology, or awarded only to full-time judges of State submitted during the periods specified other results of the project can be or local trial and appellate courts; full- below: transferred to other jurisdictions. time professional, State or local court October 1–December 1, 1999, for (8) The reasonableness of the personnel with management programs beginning between January 1 proposed budget; responsibilities; and supervisory and and March 31, 2000; (9) The demonstration of cooperation management probation personnel in January 7–March 7, 2000, for and support of other agencies that may judicial branch probation offices. Senior programs beginning between April 1 be affected by the project; and judges, part-time judges, quasi-judicial and June 30, 2000; (10) The proposed project’s hearing officers including referees and April 3–June 1, 2000, for programs relationship to one of the ‘‘Special commissioners, State administrative law beginning between July 1 and Interest’’ categories set forth in section judges, staff attorneys, law clerks, line September 30, 2000; II.B. staff, law enforcement officers, and July 5–September 1, 2000, for b. For continuation and on-going other executive branch personnel are programs beginning between October 1 support grant applications, the key not eligible to receive Scholarships. and December 31, 2000; and findings and recommendations of b. Courses. A Scholarship can be October 2–December 1, 2000, for evaluations and the proposed responses awarded only for a course presented in programs beginning between January 1 to those findings and recommendations a State other than the one in which the and March 31, 2001. also will be considered. applicant resides or works that is No exceptions or extensions will be c. In determining which applicants to designed to enhance the skills of new or granted. Applications sent prior to the fund, the Institute will also consider experienced judges and court managers; beginning of an application period will whether the applicant is a State court, address any of the topics listed in the be treated as having been sent one week a national court support or education Institute’s Special Interest categories; or after the beginning of that application organization, a non-court unit of is offered by a recognized graduate period. All the required items must be government, or other type of entity program for judges or court managers. received for an application to be eligible to receive grants under the The annual or mid-year meeting of a considered. If the Concurrence form or Institute’s enabling legislation (see 42 State or national organization of which letter of support is sent separately from U.S.C. 10705(6) (as amended) and the applicant is a member does not the application, the postmark date of the Section IV. above); the availability of qualify as an out-of-State educational last item to be sent will be used in financial assistance from other sources program for scholarship purposes, even applying the above criteria. for the project; the amount and nature though it may include workshops or All applications should be sent by (cash or in-kind) of the applicant’s other training sessions. mail or courier (not fax or e-mail) to: match; the extent to which the proposed Scholarship Program Coordinator, State project would also benefit the Federal Applicants are encouraged not to wait Justice Institute, 1650 King Street, Suite courts or help State courts enforce for the decision on a Scholarship to 600, Alexandria, VA 22314. Federal constitutional and legislative register for an educational program they requirements; and the level of wish to attend. VIII. Application Review Procedures appropriations available to the Institute 3. Forms A. Preliminary Inquiries in the current year and the amount expected to be available in succeeding a. Judicial Education Scholarship The Institute staff will answer fiscal years. Application—FORM S–1 (Appendix G). inquiries concerning application The application form requests basic procedures. The staff contact will be 2. Technical Assistance Grant information about the applicant and the named in the Institute’s letter Applications acknowledging receipt of the educational program the applicant Technical Assistance grant application. would like to attend. It also addresses applications will be rated on the basis the applicant’s commitment to share the B. Selection Criteria of the following criteria: skills and knowledge gained with local a. Whether the assistance would court colleagues and to submit an 1. Project, Continuation, and On-Going address a critical need of the court; evaluation of the program the applicant Support Grant Applications b. The soundness of the technical attends. a. All applications will be rated on the assistance approach to the problem; b. Scholarship Application basis of the criteria set forth below. The c. The qualifications of the Concurrence—FORM S–2 (Appendix G). Institute will accord the greatest weight consultant(s) to be hired, or the specific Judges and court managers applying for to the following criteria: criteria that will be used to select the Scholarships must submit the written (1) The soundness of the consultant(s); concurrence of the Chief Justice of the methodology; d. Commitment on the part of the State’s Supreme Court (or the Chief (2) The demonstration of need for the court to act on the consultant’s Justice’s designee) on the Institute’s project; recommendations; and Judicial Education Scholarship (3) The appropriateness of the e. The reasonableness of the proposed Concurrence form (see Appendix G). proposed evaluation design; budget. The signature of the presiding judge of (4) The applicant’s management plan The Institute also will consider factors the applicant’s court cannot be and organizational capabilities; such as the level and nature of the substituted for that of the Chief Justice (5) The qualifications of the project’s match that would be provided, diversity or the Chief Justice’s designee. Court staff; of subject matter, geographic diversity, managers, other than elected clerks of (6) The products and benefits the level of appropriations available to court, also must submit letters of resulting from the project including the the Institute in the current year, and the

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.033 pfrm02 PsN: 15OCN2 56042 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices amount expected to be available in narrative summary of each application in Appendix C when grants are succeeding fiscal years. and a rating sheet assigning points for approved by the Board to support each relevant selection criterion. When projects that will be conducted by or 3. Curriculum Adaptation Grant necessary, applications may also be involve courts in that State. Applications reviewed by outside experts. 2. The Board anticipates acting upon Curriculum Adaptation grant Committees of the Board will review Curriculum Adaptation grant applications will be rated on the basis applications within assigned program applications within 45 days after of the following criteria: categories and prepare receipt. Grant funds will be available a. The goals and objectives of the recommendations to the full Board. The only after Board approval, and proposed project; full Board of Directors will then decide negotiation of the final terms of the b. The need for outside funding to which applications to approve for grant. support the program; grants. The decision to award a grant is 3. The Institute intends to notify each c. The appropriateness of the solely that of the Board of Directors. Scholarship applicant of the Board approach in achieving the project’s Awards approved by the Board will committee’s decision within 30 days educational objectives; be signed by the Chairman of the Board after the close of the relevant d. The likelihood of effective on behalf of the Institute. application period. implementation and integration into the 2. Technical Assistance and Curriculum State’s or local jurisdiction’s ongoing F. Response to Notification of Approval Adaptation Grant Applications educational programming; and With the exception of those approved e. Expressions of interest by the The Institute staff will prepare a for Scholarships, applicants have 30 judges and/or court personnel who narrative summary of each application days from the date of the letter notifying would be directly involved in or and a rating sheet assigning points for them that the Board has approved their affected by the project. each relevant selection criterion. application to respond to any revisions The Institute will also consider factors Applications will be reviewed requested by the Board. If the requested such as the reasonableness of the competitively by a committee of the revisions (or a reasonable schedule for amount requested, compliance with Board of Directors. The Board of submitting such revisions) have not match requirements, diversity of subject Directors has delegated its authority to been submitted to the Institute within matter, geographic diversity, the level of approve Technical Assistance and 30 days after notification, the approval appropriations available in the current Curriculum Adaptation grants to the may be automatically rescinded and the year, and the amount expected to be committee established for each program. application presented to the Board for available in succeeding fiscal years. Approved awards will be signed by reconsideration. the Chairman of the Board on behalf of 4. Scholarships the Institute. IX. Compliance Requirements Scholarships will be awarded on the 3. Scholarships The State Justice Institute Act basis of: contains limitations and conditions on a. The date on which the application Scholarship applications are reviewed grants, contracts, and cooperative and concurrence (and support letter, if quarterly by a committee of the agreements awarded by the Institute. required) were sent; Institute’s Board of Directors. The Board The Board of Directors has approved b. The unavailability of State or local of Directors has delegated its authority additional policies governing the use of funds to cover the costs of attending the to approve Scholarships to the Institute grant funds. These statutory program or scholarship funds from committee established for the program. and policy requirements are set forth another source; Approved awards will be signed by below. c. The absence of educational the Chairman of the Board on behalf of programs in the applicant’s State the Institute. A. Recipients of Project Grants addressing the topic(s) covered by the D. Return Policy 1. Advocacy educational program for which the Unless a specific request is made, No funds made available by the scholarship is being sought; unsuccessful applications will not be Institute may be used to support or d. Geographic balance among the returned. Applicants are advised that conduct training programs for the recipients; Institute records are subject to the purpose of advocating particular e. The balance of scholarships among provisions of the Federal Freedom of nonjudicial public policies or educational programs; Information Act, 5 U.S.C. 552. encouraging nonjudicial political f. The balance of scholarships among activities. 42 U.S.C. 10706(b). the types of courts represented; and E. Notification of Board Decision g. The level of appropriations 1. The Institute will send written 2. Approval of Key Staff available to the Institute in the current notice to applicants concerning all If the qualifications of an employee or year and the amount expected to be Board decisions to approve, defer, or consultant assigned to a key project staff available in succeeding fiscal years. deny their respective applications. For position are not described in the The postmark or courier receipt will all except Scholarship applications, the application or if there is a change of a be used to determine the date on which Institute also will convey the key issues person assigned to such a position, the the application form and other required and questions that arose during the recipient must submit a description of items were sent. review process. A decision by the Board the qualifications of the newly assigned C. Review and Approval Process to deny an application may not be person to the Institute. Prior written appealed, but it does not prohibit approval of the qualifications of the new 1. Project, Continuation, and On-going resubmission of a proposal based on person assigned to a key staff position Support Grant Applications that application in a subsequent funding must be received from the Institute Applications will be reviewed cycle. With respect to awards other than before the salary or consulting fee of competitively by the Board of Directors. Scholarships, the Institute will also that person and associated costs may be The Institute staff will prepare a notify the designated State contact listed paid or reimbursed from grant funds.

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.035 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56043

3. Audit the course of Institute-sponsored work, State and approval by the Board of Recipients of project grants must such fact shall be promptly and fully Directors. 42 U.S.C. 10705(d). provide for an annual fiscal audit which reported to the Institute. Unless there is c. Other eligible recipients of Institute includes an opinion on whether the a prior agreement between the grantee funds are not required to provide a financial statements of the grantee and the Institute on disposition of such match, but are encouraged to contribute present fairly its financial position and items, the Institute shall determine to meeting the costs of the project. In financial operations are in accordance whether protection of the invention or instances where match is proposed, the with generally accepted accounting discovery shall be sought. The Institute grantee is responsible for ensuring that principles. (See section X.K. of the will also determine how the rights in the total amount proposed is actually Guideline for the requirements of such the invention or discovery, including contributed. If a proposed contribution audits.) Recipients of scholarships or rights under any patent issued thereon, is not fully met, the Institute may curriculum adaptation or technical shall be allocated and administered in reduce the award amount accordingly, assistance grants are not required to order to protect the public interest in order to maintain the ratio originally submit an audit, but must maintain consistent with ‘‘Government Patent provided for in the award agreement appropriate documentation to support Policy’’ (President’s Memorandum for (see sections VIII.B. and X.E). all expenditures. Heads of Executive Departments and 8. Nondiscrimination Agencies, February 18, 1983, and 4. Conflict of Interest statement of Government Patent Policy). No person may, on the basis of race, Personnel and other officials sex, national origin, disability, color, or 6. Lobbying connected with Institute-funded creed be excluded from participation in, programs must adhere to the following a. Funds awarded to recipients by the denied the benefits of, or otherwise requirements: Institute shall not be used, indirectly or subjected to discrimination under any a. No official or employee of a directly, to influence Executive orders program or activity supported by recipient court or organization shall or similar promulgations by Federal, Institute funds. Recipients of Institute participate personally through decision, State or local agencies, or to influence funds must immediately take any approval, disapproval, recommendation, the passage or defeat of any legislation measures necessary to effectuate this the rendering of advice, investigation, or by Federal, State or local legislative provision. otherwise in any proceeding, bodies. 42 U.S.C. 10706(a). 9. Political Activities application, request for a ruling or other b. It is the policy of the Board of No recipient may contribute or make determination, contract, grant, Directors to award funds only to support cooperative agreement, claim, available Institute funds, program applications submitted by organizations personnel, or equipment to any political controversy, or other particular matter that would carry out the objectives of in which Institute funds are used, party or association, or the campaign of their applications in an unbiased any candidate for public or party office. where, to his or her knowledge, he or manner. Consistent with this policy and she or his or her immediate family, Recipients are also prohibited from the provisions of 42 U.S.C. 10706, the using funds in advocating or opposing partners, organization other than a Institute will not knowingly award a public agency in which he or she is any ballot measure, initiative, or grant to an applicant that has, directly referendum. Officers and employees of serving as officer, director, trustee, or through an entity that is part of the partner, or employee or any person or recipients shall not intentionally same organization as the applicant, identify the Institute or recipients with organization with whom he or she is advocated a position before Congress on negotiating or has any arrangement any partisan or nonpartisan political the specific subject matter of the activity associated with a political party concerning prospective employment, or application. has a financial interest. or association, or the campaign of any b. In the use of Institute project funds, 7. Matching Requirements candidate for public or party office. 42 an official or employee of a recipient U.S.C. 10706(a). a. All awards to courts or other units court or organization shall avoid any of State or local government (not 10. Products action which might result in or create including publicly supported the appearance of: a. Acknowledgment, Logo, and institutions of higher education) require (1) Using an official position for Disclaimer. (1) Recipients of Institute a match from private or public sources private gain; or funds must acknowledge prominently (2) Affecting adversely the confidence of not less than 50% of the total amount on all products developed with grant of the public in the integrity of the of the Institute’s award. For example, if funds that support was received from Institute program. the total cost of a project is anticipated the Institute. The ‘‘SJI’’ logo must c. Requests for proposals or to be $150,000, a State court or appear on the front cover of a written invitations for bids issued by a recipient executive branch agency may request up product, or in the opening frames of a of Institute funds or a subgrantee or to $100,000 from the Institute to video product, unless another subcontractor will provide notice to implement the project. The remaining placement is approved in writing by the prospective bidders that the contractors $50,000 (50% of the $100,000 requested Institute. This includes final products who develop or draft specifications, from SJI) must be provided as a match. printed or otherwise reproduced during requirements, statements of work, and/ A cash match, non-cash match, or both the grant period, as well as reprintings or requests for proposals for a proposed may be provided, but the Institute will or reproductions of those materials procurement will be excluded from give preference to those applicants that following the end of the grant period. A bidding on or submitting a proposal to provide a cash match to the Institute’s camera-ready logo sheet is available compete for the award of such award. (For a further definition of from the Institute upon request. procurement. match, see section III.N.) (2) Recipients also must display the b. The requirement to provide match following disclaimer on all grant 5. Inventions and Patents may be waived in exceptionally rare products: ‘‘This [document, film, If any patentable items, patent rights, circumstances upon the request of the videotape, etc.] was developed under processes, or inventions are produced in Chief Justice of the highest court in the [grant/cooperative agreement, number

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.036 pfrm02 PsN: 15OCN2 56044 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

SJI–(insert number)] from the State in the course of an Institute-supported 11. Prohibition Against Litigation Justice Institute. The points of view project, but the Institute shall reserve a Support expressed are those of the [author(s), royalty-free, nonexclusive and No funds made available by the filmmaker(s), etc.] and do not irrevocable right to reproduce, publish, Institute may be used directly or necessarily represent the official or otherwise use, and to authorize indirectly to support legal assistance to position or policies of the State Justice others to use, the materials for purposes parties in litigation, including cases Institute.’’ consistent with the State Justice involving capital punishment. b. Charges for Grant-Related Institute Act. Products/Recovery of Costs. (1) When d. Distribution. In addition to the 12. Reporting Requirements Institute funds fully cover the cost of distribution specified in the grant a. Recipients of Institute funds other developing, producing, and application, grantees shall send: than Scholarships must submit disseminating a product, (e.g., a report, Quarterly Progress and Financial curriculum, videotape or software), the (1) Seventeen (17) copies of each final Reports within 30 days of the close of product should be distributed to the product developed with grant funds to each calendar quarter (that is, no later field without charge. When Institute the Institute, unless the product was than January 30, April 30, July 30, and funds only partially cover the developed under either a curriculum October 30). Two copies of each report development, production, or adaptation or a technical assistance must be sent. The Quarterly Progress dissemination costs, the grantee may, grant, in which case submission of 2 Reports shall include a narrative with the Institute’s prior written copies is required. description of project activities during approval, recover its costs for (2) A mastercopy of each videotape developing, producing, and the calendar quarter, the relationship produced with grant funds to the between those activities and the task disseminating the material to those Institute. requesting it, to the extent that those schedule and objectives set forth in the costs were not covered by Institute (3) One copy of each final product approved application or an approved funds or grantee matching developed with grant funds to the adjustment thereto, any significant contributions. library established in each State to problem areas that have developed and (2) Applicants should disclose their collect materials prepared with Institute how they will be resolved, and the intent to sell grant-related products in support. (A list of these libraries is activities scheduled during the next both the concept paper and the contained in Appendix D. Labels for reporting period. application. Grantees must obtain the these libraries are available from the b. The quarterly financial status report written prior approval of the Institute of Institute upon request.) Recipients of must be submitted in accordance with their plans to recover project costs curriculum adaptation and technical section X.H.2. of this Guideline. A final through the sale of grant products. assistance grants are not required to project progress report and financial Written requests to recover costs submit final products to State libraries. status report shall be submitted within ordinarily should be received during the (4) A press release describing the 90 days after the end of the grant period grant period and should specify the project and announcing the results to a in accordance with section X.L.2. of this nature and extent of the costs to be list of national and State judicial branch Guideline. recouped, the reason that such costs organizations provided by the Institute. 13. Research were not budgeted (if the rationale was e. Institute Approval. No grant funds not disclosed in the approved a. Availability of Research Data for may be obligated for publication or Secondary Analysis. Upon request, application), the number of copies to be reproduction of a final product sold, the intended audience for the grantees must make available for developed with grant funds without the secondary analysis a diskette(s) or data products to be sold, and the proposed written approval of the Institute. sale price. If the product is to be sold tape(s) containing research and Grantees shall submit a final draft of for more than $25, the written request evaluation data collected under an each written product to the Institute for also should include a detailed Institute grant and the accompanying review and approval. These drafts shall itemization of costs that will be code manual. Grantees may recover the be submitted at least 30 days before the recovered and a certification that the actual cost of duplicating and mailing or product is scheduled to be sent for costs were not supported by either otherwise transmitting the data set and publication or reproduction to permit Institute grant funds or grantee manual from the person or organization Institute review and incorporation of matching contributions. requesting the data. Grantees may (3) In the event that the sale of grant any appropriate changes agreed upon by provide the requested data set in the products results in revenues that exceed the grantee and the Institute. Grantees format in which it was created and the costs to develop, produce, and shall provide for timely reviews by the analyzed. disseminate the product, the revenue Institute of videotape or CD–ROM b. Confidentiality of Information. must continue to be used for the products at the treatment, script, rough Except as provided by Federal law other authorized purposes of the Institute- cut, and final stages of development or than the State Justice Institute Act, no funded project or other purposes their equivalents, prior to initiating the recipient of financial assistance from SJI consistent with the State Justice next stage of product development. may use or reveal any research or Institute Act that have been approved by f. Original Material. All products statistical information furnished under the Institute. See sections III.R. and X.G. prepared as the result of Institute- the Act by any person and identifiable for requirements regarding project- supported projects must be originally- to any specific private person for any related income realized during the developed material unless otherwise purpose other than the purpose for project period. specified in the award documents. which the information was obtained. c. Copyrights. Except as otherwise Material not originally developed that is Such information and copies thereof provided in the terms and conditions of included in such products must be shall be immune from legal process, and an Institute award, a recipient is free to properly identified, whether the shall not, without the consent of the copyright any books, publications, or material is in a verbatim or extensive person furnishing such information, be other copyrightable materials developed paraphrase format. admitted as evidence or used for any

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00024 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.037 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56045 purpose in any action, suit, or other and conditions of the award. 42 U.S.C. c. Submit to the Institute one copy of judicial, legislative, or administrative 10708(a). a final report that explains how it proceedings. intends to act on the consultant’s 17. Title to Property c. Human Subject Protection. All recommendations, as well as a copy of research involving human subjects shall At the conclusion of the project, title the consultant’s written report; and be conducted with the informed consent to all expendable and nonexpendable d. Complete a Technical Assistance of those subjects and in a manner that personal property purchased with Evaluation Form at the conclusion of will ensure their privacy and freedom Institute funds shall vest in the recipient the grant period. court, organization, or individual that from risk or harm and the protection of C. Scholarship Recipients persons who are not subjects of the purchased the property if certification is research but would be affected by it, made to and approved by the Institute 1. Scholarship recipients are unless such procedures and safeguards that the property will continue to be responsible for disseminating the would make the research impractical. In used for the authorized purposes of the information received from the course to such instances, the Institute must Institute-funded project or other their court colleagues locally, and if approve procedures designed by the purposes consistent with the State possible, throughout the State (e.g., by grantee to provide human subjects with Justice Institute Act. If such certification developing a formal seminar, circulating relevant information about the research is not made or the Institute disapproves the written material, or discussing the after their involvement and to minimize such certification, title to all such information at a meeting or conference). or eliminate risk or harm to those property with an aggregate or individual Recipients also must submit to the subjects due to their participation. value of $1,000 or more shall vest in the Institute a certificate of attendance at Institute, which will direct the the program, an evaluation of the 14. State and Local Court Applications disposition of the property. educational program they attended, and a copy of the notice of any scholarship Each application for funding from a B. Recipients of Curriculum Adaptation funds received from other sources. A State or local court must be approved, and Technical Assistance Grants consistent with State law, by the State’s copy of the evaluation must be sent to Supreme Court, or its designated agency In addition to the compliance the Chief Justice of their State. A State or council. The Supreme Court or its requirements in A. in this section, or local jurisdiction may impose designee shall receive, administer, and recipients of Curriculum Adaptation additional requirements on scholarship be accountable for all funds awarded on and Technical Assistance grants must recipients. the basis of such an application. 42 comply with the following 2. To receive the funds authorized by U.S.C. 10705(b)(4). Appendix C to this requirements. a scholarship award, recipients must Guideline lists the person to contact in 1. Curriculum Adaptation Grantees submit a Scholarship Payment Voucher each State regarding the administration (Form S3) together with a tuition Recipients of Curriculum Adaptation of Institute grants to State and local statement from the program sponsor, grants must: courts. and a transportation fare receipt (or a. Comply with the same quarterly statement of the driving mileage to and 15. Supplantation and Construction reporting requirements as other Institute from the recipient’s home to the site of grantees (see A.12. above in this To ensure that funds are used to the educational program). section); Scholarship Payment Vouchers supplement and improve the operation b. Include in each grant product a of State courts, rather than to support should be submitted within 90 days prominent acknowledgment that after the end of the course which the basic court services, funds shall not be support was received from the Institute, used for the following purposes: recipient attended. along with the ‘‘SJI’’ logo and a 3. Scholarship recipients are a. To supplant State or local funds disclaimer paragraph (see A.10.a. above supporting a program or activity (such encouraged to check with their tax in this section); and advisors to determine whether the as paying the salary of court employees c. Submit one copy of the manuals, who would be performing their normal scholarship constitutes taxable income handbooks, or conference packets under Federal and State law. duties as part of the project, or paying developed under the grant at the rent for space which is part of the conclusion of the grant period, along X. Financial Requirements court’s normal operations); with a final report that includes any A. Purpose b. To construct court facilities or evaluation results and explains how the structures, except to remodel existing grantee intends to present the program The purpose of this section is to facilities or to demonstrate new in the future. establish accounting system architectural or technological requirements and offer guidance on techniques, or to provide temporary 2. Technical Assistance Grantees procedures to assist all grantees, facilities for new personnel or for Recipients of Technical Assistance subgrantees, contractors, and other personnel involved in a demonstration grants must: organizations in: or experimental program; or a. Comply with the same quarterly 1. Complying with the statutory c. Solely to purchase equipment. reporting requirements as other Institute requirements for the award, grantees (see A.12. above in this disbursement, and accounting of funds; 16. Suspension of Funding section); 2. Complying with regulatory After providing a recipient reasonable b. Ensure that each technical requirements of the Institute for the notice and opportunity to submit assistance report prepared by a financial management and disposition written documentation demonstrating consultant includes a prominent of funds; why fund termination or suspension acknowledgment that support was 3. Generating financial data to be used should not occur, the Institute may received from the Institute, along with in planning, managing, and controlling terminate or suspend funding of a the ‘‘SJI’’ logo and a disclaimer projects; and project that fails to comply substantially paragraph (see A.10.a. above in this 4. Facilitating an effective audit of with the Act, the Guideline, or the terms section); funded programs and projects.

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.039 pfrm02 PsN: 15OCN2 56046 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

B. References awarded to such courts; be responsible 1. Properly accounts for receipt of Except where inconsistent with for assuring proper administration of funds under each grant awarded and the specific provisions of this Guideline, the Institute funds; and be responsible for expenditure of funds for each grant by following regulations, directives and all aspects of the project, including category of expenditure (including reports are applicable to Institute grants proper accounting and financial matching contributions and project and cooperative agreements under the recordkeeping by the subgrantee. These income); same terms and conditions that apply to responsibilities include: 2. Assures that expended funds are Federal grantees. The following (1) Reviewing Financial Operations. applied to the appropriate budget circulars supplement the requirements The State Supreme Court or its designee category included within the approved of this section for accounting systems should be familiar with, and grant; and financial recordkeeping and periodically monitor, its subgrantees’ 3. Presents and classifies historical provide additional guidance on how financial operations, records system, costs of the grant as required for these requirements may be satisfied. and procedures. Particular attention budgetary and evaluation purposes; (Circulars may be obtained from OMB should be directed to the maintenance 4. Provides cost and property controls by calling 202–395–3080 or visiting the of current financial data. to assure optimal use of grant funds; OMB website at www.whitehouse.gov/ (2) Recording Financial Activities. 5. Is integrated with a system of OMB). The subgrantee’s grant award or contract internal controls adequate to safeguard 1. Office of Management and Budget obligation, as well as cash advances and the funds and assets covered, check the (OMB) Circular A–21, Cost Principles other financial activities, should be accuracy and reliability of the for Educational Institutions. recorded in the financial records of the accounting data, promote operational 2. Office of Management and Budget State Supreme Court or its designee in efficiency, and assure conformance with (OMB) Circular A–87, Cost Principles summary form. Subgrantee expenditures any general or special conditions of the for State and Local Governments. should be recorded on the books of the grant; 3. Office of Management and Budget State Supreme Court OR evidenced by 6. Meets the prescribed requirements (OMB) Circular A–88 (revised), Indirect report forms duly filed by the for periodic financial reporting of Cost Rates, Audit and Audit Follow-up subgrantee. Non-Institute contributions operations; and at Educational Institutions. applied to projects by subgrantees 7. Provides financial data for 4. Office of Management and Budget should likewise be recorded, as should planning, control, measurement, and (OMB) Circular A–102, Uniform any project income resulting from evaluation of direct and indirect costs. Administrative Requirements for program operations. Grants-in-Aid to State and Local (3) Budgeting and Budget Review. The E. Total Cost Budgeting and Accounting Governments. State Supreme Court or its designee Accounting for all funds awarded by 5. Office of Management and Budget should ensure that each subgrantee the Institute must be structured and (OMB) Circular A–110, Grants and prepares an adequate budget as the basis executed on a total project cost basis. Agreements with Institutions of Higher for its award commitment. The detail of That is, total project costs, including Education, Hospitals and other Non- each project budget should be Institute funds, State and local matching Profit Organizations. maintained on file by the State Supreme shares, and any other fund sources 6. Office of Management and Budget Court. included in the approved project budget (OMB) Circular A–128, Audits of State (4) Accounting for Non-Institute serve as the foundation for fiscal and Local Governments. Contributions. The State Supreme Court administration and accounting. Grant 7. Office of Management and Budget or its designee will ensure, in those applications and financial reports (OMB) Circular A–122, Cost Principles instances where subgrantees are require budget and cost estimates on the for Non-profit Organizations. required to furnish non-Institute basis of total costs. 8. Office of Management and Budget matching funds, that the requirements (OMB) Circular A–133, Audits of and limitations of the SJI Grant 1. Timing of Matching Contributions Institutions of Higher Education and Guideline are applied to such funds. Matching contributions need not be Other Non-profit Institutions. (5) Audit Requirement. The State applied at the exact time of the C. Supervision and Monitoring Supreme Court or its designee is obligation of Institute funds. Ordinarily, Responsibilities required to ensure that subgrantees have the full matching share must be met the necessary audit requirements obligated during the award period; 1. Grantee Responsibilities set forth by the Institute (see sections K. however, with the prior written All grantees receiving awards from below and IX.C.) permission of the Institute, the Institute are responsible for the (6) Reporting Irregularities. The State contributions made following approval management and fiscal control of all Supreme Court, its designees, and its of the grant by the Institute’s Board of funds. Responsibilities include subgrantees are responsible for Directors but before the beginning of the accounting for receipts and promptly reporting to the Institute the grant may be counted as match. expenditures, maintaining adequate nature and circumstances surrounding Grantees that do not contemplate financial records, and refunding any financial irregularities discovered. making matching contributions expenditures disallowed by audits. continuously throughout the course of a D. Accounting System 2. Responsibilities of State Supreme project, or on a task-by-task basis, are Court a. Each application for funding The grantee is responsible for required to submit a schedule within 30 from a State or local court must be establishing and maintaining an days after the beginning of the project approved, consistent with State law, by adequate system of accounting and period indicating at what points during the State’s Supreme Court, or its internal controls for itself and for the project period the matching designated agency or council. (See ensuring that an adequate system exists contributions will be made. If a III.H.) for each of its subgrantees and proposed cash match is not fully met, b. The State Supreme Court or its contractors. An acceptable and adequate the Institute may reduce the award designee shall receive all Institute funds accounting system: amount accordingly to maintain the

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00026 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.040 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56047 ratio of grant funds to matching funds maintained so that requested 4. Income from the Sale of Grant stated in the award agreement. information can be readily located. Products Grantees and subgrantees are also 2. Records for Match a. When grant funds fully cover the obligated to protect records adequately cost of producing and disseminating a All grantees must maintain records against fire or other damage. When limited number of copies of a product, which clearly show the source, amount, records are stored away from the the grantee may, with the written prior and timing of all matching grantee’s/subgrantee’s principal office, a approval of the Institute, sell additional contributions. In addition, if a project written index of the location of stored copies reproduced at its expense at a has included, within its approved records should be on hand, and ready reasonable market price, as long as the budget, contributions which exceed the access should be assured. required matching portion, the grantee income is applied to court improvement must maintain records of those 4. Access projects consistent with the State Justice Institute Act. When grant funds only contributions in the same manner as it Grantees and subgrantees must give does Institute funds and required partially cover the costs of developing, any authorized representative of the producing and disseminating a product, matching shares. For all grants made to Institute access to and the right to State and local courts, the State the grantee may, with the written prior examine all records, books, papers, and approval of the Institute, recover costs Supreme Court has primary documents related to an Institute grant. responsibility for grantee/subgrantee for developing, reproducing, and compliance with the requirements of G. Project-Related Income disseminating the material to the extent this section. (See C.2. above in this that those costs were not covered by section.) Records of the receipt and disposition Institute grant funds or grantee of project-related income must be matching contributions. If the grantee F. Maintenance and Retention of maintained by the grantee in the same recovers its costs in this manner, then Records manner as required for the project funds amounts expended by the grantee to All financial records, supporting that gave rise to the income and must be develop, produce, and disseminate the documents, statistical records, and all reported to the Institute. (See H.2. below material may not be considered match. other records pertinent to grants, in this section) The policies governing b. If the sale of products occurs during subgrants, cooperative agreements, or the disposition of the various types of the project period, the costs and income contracts under grants must be retained project-related income are listed below. generated by the sales must be reported by each organization participating in a 1. Interest on the Quarterly Financial Status project for at least three years for Reports and documented in an auditable purposes of examination and audit. A State and any agency or manner. Whenever possible, the intent State Supreme Courts may impose instrumentality of a State, including to sell a product should be disclosed in record retention and maintenance institutions of higher education and the concept paper and application or requirements in addition to those hospitals, shall not be held accountable reported to the Institute in writing once prescribed in this section. for interest earned on advances of a decision to sell products has been project funds. When funds are awarded made. The grantee must request 1. Coverage to subgrantees through a State, the approval to recover its product The retention requirement extends to subgrantees are not held accountable for development, reproduction, and books of original entry, source interest earned on advances of project dissemination costs as specified in documents supporting accounting funds. Local units of government and section X.A.10.b. transactions, the general ledger, nonprofit organizations that are grantees 5. Other subsidiary ledgers, personnel and must refund any interest earned. payroll records, canceled checks, and Grantees shall ensure minimum Other project income shall be treated related documents and records. Source balances in their respective grant cash in accordance with disposition documents include copies of all grant accounts. instructions set forth in the grant’s terms and subgrant awards, applications, and and conditions. required grantee/subgrantee financial 2. Royalties and narrative reports. Personnel and H. Payments and Financial Reporting The grantee/subgrantee may retain all Requirements payroll records shall include the time royalties received from copyrights or and attendance reports for all other works developed under projects or 1. Payment of Grant Funds individuals reimbursed under a grant, from patents and inventions, unless the subgrant or contract, whether they are The procedures and regulations set terms and conditions of the grant forth below are applicable to all employed full-time or part-time. Time provide otherwise. and effort reports will be required for Institute grant funds and grantees. consultants. 3. Registration and Tuition Fees a. Request for Advance or Reimbursement of Funds. Grantees will 2. Retention Period Registration and tuition fees shall be receive funds on a ‘‘check-issued’’ basis. The three-year retention period starts used to pay project-related costs not Upon receipt, review, and approval of a from the date of the submission of the covered by the grant, or to reduce the Request for Advance or Reimbursement final expenditure report or, for grants amount of grant funds needed to by the Institute, a check will be issued which are renewed annually, from the support the project. Registration and directly to the grantee or its designated date of submission of the annual tuition fees may be used for other fiscal agent. A request must be limited expenditure report. purposes only with the prior written to the grantee’s immediate cash needs. approval of the Institute. Estimates of The Request for Advance or 3. Maintenance registration and tuition fees, and any Reimbursement, along with the Grantees and subgrantees are expenses to be offset by the fees, should instructions for its preparation, will be expected to see that records of different be included in the application budget included in the official Institute award fiscal years are separately identified and forms and narrative. package.

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.042 pfrm02 PsN: 15OCN2 56048 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

b. Continuation and On-Going sources of funds for the project, as well when the rate of compensation to be Support Awards. For purposes of as information on obligations and paid a consultant exceeds $300 a day. submitting Requests for Advance or outlays. A copy of the Financial Status Institute funds may not be used to pay Reimbursement, recipients of Report, along with instructions for its a consultant more than $900 per day. continuation and on-going support preparation, is included in each official 3. Travel Costs grants should treat each grant as a new Institute Award package. If a grantee project and number the requests requests substantial payments for a Transportation and per diem rates accordingly (i.e., on a grant rather than project prior to the completion of a must comply with the policies of the a project basis). For example, the first given quarter, the Institute may request grantee. If the grantee does not have an request for payment from a continuation a brief summary of the amount established written travel policy, then grant or each year of an on-going requested, by object class, to support the travel rates must be consistent with support would be number 1, the second Request for Advance or Reimbursement. those established by the Institute or the number 2, etc. (See Appendix B, c. Additional Requirements for Federal Government. Institute funds Questions Frequently Asked by Continuation and On-going Support may not be used to cover the Grantees, for further guidance.) Grants. Grantees receiving continuation transportation or per diem costs of a c. Termination of Advance and or on-going support grants should member of a national organization to Reimbursement Funding. When a number their quarterly Financial Status attend an annual or other regular grantee organization receiving cash Reports on a grant rather than a project meeting of that organization. advances from the Institute: basis. For example, the first quarterly 4. Indirect Costs (1) Demonstrates an unwillingness or report for a continuation grant or each These are costs of an organization that inability to attain program or project year of an on-going support award are not readily assignable to a particular goals, or to establish procedures that should be number 1, the second number project but are necessary to the will minimize the time elapsing 2, etc. between cash advances and operation of the organization and the disbursements, or cannot adhere to 3. Consequences of Non-Compliance performance of the project. The cost of guideline requirements or special with Submission Requirement operating and maintaining facilities, conditions; Failure of the grantee to submit depreciation, and administrative (2) Engages in the improper award required financial and progress reports salaries are examples of the types of and administration of subgrants or may result in suspension or termination costs that are usually treated as indirect contracts; or of grant payments. costs. The Institute’s policy requires all (3) Is unable to submit reliable and/ costs to be budgeted directly; however, or timely reports; the Institute may I. Allowability of Costs if a grantee has an indirect cost rate terminate advance financing and require 1. General approved by a Federal agency as set the grantee organization to finance its forth below, the Institute will accept operations with its own working capital. Except as may be otherwise provided that rate. Payments to the grantee shall then be in the conditions of a particular grant, a. Approved Plan Available. (1) The made by check to reimburse the grantee cost allowability is determined in Institute will accept an indirect cost rate for actual cash disbursements. In the accordance with the principles set forth or allocation plan approved for a grantee event the grantee continues to be in OMB Circular A–87, Cost Principles during the preceding two years by any deficient, the Institute may suspend for State and Local Governments; A–21, Federal granting agency on the basis of reimbursement payments until the Cost Principles Applicable to Grants allocation methods substantially in deficiencies are corrected. and Contracts with Educational accord with those set forth in the d. Principle of Minimum Cash on Institutions; and A–122, Cost Principles applicable cost circulars. A copy of the Hand. Grantees should request funds for Non-Profit Organizations. No costs approved rate agreement must be based upon immediate disbursement may be recovered to liquidate submitted to the Institute. requirements. Grantees should time obligations incurred after the approved (2) Where flat rates are accepted in their requests to ensure that cash on grant period. Circulars may be obtained lieu of actual indirect costs, grantees hand is the minimum needed for from OMB by calling 202–395–3080 or may not also charge expenses normally disbursements to be made immediately visiting the OMB website at included in overhead pools, e.g., or within a few days. Idle funds in the www.whitehouse.gov/OMB. accounting services, legal services, hands of subgrantees impair the goals of 2. Costs Requiring Prior Approval building occupancy and maintenance, good cash management. etc., as direct costs. a. Pre-agreement Costs. The written (3) When utilizing total direct costs as 2. Financial Reporting prior approval of the Institute is the base, organizations with approved a. General Requirements. To obtain required for costs considered necessary indirect cost rates usually exclude financial information concerning the to the project but which occur prior to contracts under grants from any use of funds, the Institute requires that the award date of the grant. overhead recovery. The negotiated grantees/subgrantees submit timely b. Equipment. Grant funds may be agreement will stipulate that contracts reports for review. used to purchase or lease only that are excluded from the base for overhead b. Two copies of the Financial Status equipment essential to accomplishing recovery. Report are required from all grantees, the goals and objectives of the project. b. Establishment of Indirect Cost other than scholarship recipients, for The written prior approval of the Rates. To be reimbursed for indirect each active quarter on a calendar- Institute is required when the amount of costs, a grantee must first establish an quarter basis. This report is due within automated data processing (ADP) appropriate indirect cost rate. To do 30 days after the close of the calendar equipment to be purchased or leased this, the grantee must prepare an quarter. It is designed to provide exceeds $10,000 or software to be indirect cost rate proposal and submit it financial information relating to purchased exceeds $3,000. to the Institute within three months Institute funds, State and local matching c. Consultants. The written prior after the start of the grant period to shares, project income, and any other approval of the Institute is required assure recovery of the full amount of

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.044 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56049 allowable indirect costs. The rate must Federal agency and satisfy audit during the final calendar quarter of the be developed in accordance with requirements of the cognizant Federal project and the close-out period, principles and procedures appropriate agency must submit two copies of the including to whom project products to the type of grantee institution audit report prepared for that Federal have been disseminated; provide a involved as specified in the applicable agency to the Institute in order to satisfy summary of activities during the entire OMB Circular. the provisions of this section. Cognizant project; specify whether all the c. No Approved Plan. If an indirect Federal agencies do not send reports to objectives set forth in the approved cost proposal for recovery of actual the Institute. Therefore, each grantee application or an approved adjustment indirect costs is not submitted to the must send copies of this report directly have been met and, if any of the Institute within three months after the to the Institute. objectives have not been met, explain start of the grant period, indirect costs why not; and discuss what, if anything, 2. Resolution and Clearance of Audit will be irrevocably disallowed for all could have been done differently that Reports months prior to the month that the might have enhanced the impact of the indirect cost proposal is received. Timely action on recommendations project or improved its operation. J. Procurement and Property by responsible management officials is These reporting requirements apply at Management Standards an integral part of the effectiveness of an the conclusion of any non-scholarship audit. Each grantee must have policies grant, even when the project will 1. Procurement Standards and procedures for acting on audit continue under a continuation or on- For State and local governments, the recommendations by designating going support grant. Institute has adopted the standards set officials responsible for: Follow-up; forth in Attachment O of OMB Circular maintaining a record of the actions 2. Extension of Close-out Period taken on recommendations and time A–102. Institutions of higher education, Upon the written request of the schedules; responding to and acting on hospitals; other non-profit organizations grantee, the Institute may extend the audit recommendations; and submitting will be governed by the standards set close-out period to assure completion of periodic reports to the Institute on forth in Attachment O of OMB Circular the Grantee’s close-out requirements. recommendations and actions taken. A–110. Requests for an extension must be 2. Property Management Standards 3. Consequences of Non-Resolution of submitted at least 14 days before the Audit Issues end of the close-out period and must The property management standards explain why the extension is necessary as prescribed in Attachment N of OMB Ordinarily, the Institute will not make and what steps will be taken to assure Circulars A–102 and A–110 apply to all a new grant award to an applicant that that all the grantee’s responsibilities Institute grantees and subgrantees has an unresolved audit report will be met by the end of the extension except as provided in section IX.A.17. involving Institute awards. Failure of period. All grantees/subgrantees are required to the grantee to resolve audit questions be prudent in the acquisition and may also result in the suspension or XI. Grant Adjustments management of property with grant termination of payments for active funds. If suitable property required for Institute grants to that organization. All requests for programmatic or budgetary adjustments requiring the successful execution of projects is L. Close-Out of Grants already available within the grantee or Institute approval must be submitted in subgrantee organization, expenditures of 1. Grantee Close-Out Requirements a timely manner by the project director. grant funds for the acquisition of new All requests for changes from the Within 90 days after the end date of approved application will be carefully property will be considered the grant or any approved extension unnecessary. reviewed for both consistency with this thereof (see L.3. below in this section), Guideline and the enhancement of grant K. Audit Requirements the following documents must be goals and objectives. submitted to the Institute by grantees 1. Implementation (other than scholarship recipients): A. Grant Adjustments Requiring Prior Each recipient of a grant from the a. Financial Status Report. The final Written Approval Institute other than a scholarship, report of expenditures must have no There are several types of grant curriculum adaptation, or technical unliquidated obligations and must adjustments that require the prior assistance grant must provide for an indicate the exact balance of written approval of the Institute. annual fiscal audit. This requirement unobligated funds. Any unobligated/ Examples of these adjustments include: also applies to a State or local court unexpended funds will be deobligated receiving a subgrant from the State from the award by the Institute. Final 1. Budget revisions among direct cost Supreme Court). The audit may be of payment requests for obligations categories that individually or in the the entire grantee or subgrantee incurred during the award period must aggregate exceed five percent of the organization or of the specific project be submitted to the Institute prior to the approved original budget or the most funded by the Institute. Audits end of the 90-day close-out period. recently approved revised budget. The conducted in accordance with the Grantees on a check-issued basis, who Institute will view budget revisions Single Audit Act of 1984 and OMB have drawn down funds in excess of cumulatively. Circular A–128, or OMB Circular A–133 their obligations/expenditures, must For continuation and on-going will satisfy the requirement for an return any unused funds as soon as it is support grants, funds from the original annual fiscal audit. The audit must be determined that the funds are not award may be used during the new conducted by an independent Certified required. In no case should any unused grant period and funds awarded through Public Accountant, or a State or local funds remain with the grantee beyond a continuation or on-going support grant agency authorized to audit government the submission date of the final may be used to cover project-related agencies. Grantees must send two copies financial status report. expenditures incurred during the of the audit report to the Institute. b. Final Progress Report. This report original award period, with the prior Grantees that receive funds from a should describe the project activities written approval of the Institute.

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.045 pfrm02 PsN: 15OCN2 56050 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

2. A change in the scope of work to make minor changes in methodology, agreement must be submitted for prior be performed or the objectives of the approach, or other aspects of the grant approval of the Institute at the earliest project (see D. below in this section). to expedite achievement of the grant’s possible time. The contract or agreement 3. A change in the project site. objectives with subsequent notification must state, at a minimum, the activities 4. A change in the project period, of the SJI program manager. to be performed, the time schedule, the such as an extension of the grant period policies and procedures to be followed, E. Date Changes and/or extension of the final financial or the dollar limitation of the agreement, progress report deadline (see E. below). A request to change or extend the and the cost principles to be followed in 5. Satisfaction of special conditions, if grant period must be made at least 30 determining what costs, both direct and required. days in advance of the end date of the indirect, will be allowed. The contract 6. A change in or temporary absence grant. A revised task plan should or other written agreement must not of the project director (see F. and G. accompany a request for a no-cost affect the grantee’s overall responsibility below). extension of the grant period, along with for the direction of the project and 7. The assignment of an employee or a revised budget if shifts among budget accountability to the Institute. consultant to a key staff position whose categories will be needed. A request to qualifications were not described in the change or extend the deadline for the State Justice Institute Board of Directors application, or a change of a person final financial report or final progress Robert A. Miller, Chairman, Chief Justice, assigned to a key project staff position report must be made at least 14 days in Supreme Court of South Dakota, Pierre, (see section IX.A.2.). advance of the report deadline (see SD Joseph F. Baca, Vice-Chairman, Justice, New 8. A change in or temporary absence section X.L.3.). Mexico Supreme Court, Santa Fe, NM of the person responsible for the F. Temporary Absence of the Project Sandra A. O’Connor, Secretary, States financial management and financial Director Attorney of Baltimore County, Towson, reporting for the grant. MD 9. A change in the name of the grantee Whenever an absence of the project Terrence B. Adamson, Esq., Executive organization. director is expected to exceed a Committee Member, Senior Vice- 10. A transfer or contracting out of continuous period of one month, the President, The National Geographic grant-supported activities (see H. plans for the conduct of the project Society, Washington, D.C below). director’s duties during such absence Mr. Robert N. Baldwin, State Court 11. A transfer of the grant to another must be approved in advance by the Administrator, Supreme Court of Institute. This information must be Virginia, Richmond, VA recipient. Carlos R. Garza, Esq., Administrative Judge 12. Preagreement costs (see section provided in a letter signed by an (ret.), Vienna, VA X.I.2.a.). authorized representative of the grantee/ Sophia H. Hall, Presiding Judge, Juvenile 13. The purchase of automated data subgrantee at least 30 days before the Court, Circuit Court of Cook County, processing equipment and software (see departure of the project director, or as Chicago, IL section X.I.2.b.) soon as it is known that the project Tommy Jewell, District Judge, Albuquerque, 14. Consultant rates (see section director will be absent. The grant may NM X.I.2.c.). be terminated if arrangements are not Arthur A. McGiverin, Chief Justice, Supreme 15. A change in the nature or number approved in advance by the Institute. Court of Iowa, Des Moines, IA Keith McNamara, Esq., McNamara & of the products to be prepared or the G. Withdrawal of/Change in Project McNamara, Columbus, OH manner in which a product would be Director Florence K. Murray, Justice (ret.), Supreme distributed. Court of Rhode Island, Providence, RI If the project director relinquishes or B. Requests for Grant Adjustments David I. Tevelin, Executive Director (ex expects to relinquish active direction of officio) All grantees and subgrantees must the project, the Institute must be David I. Tevelin, promptly notify their SJI program notified immediately. In such cases, if Executive Director. managers, in writing, of events or the grantee/subgrantee wishes to proposed changes that may require terminate the project, the Institute will Appendix A—Recommendations to adjustments to the approved project forward procedural instructions upon Grant Writers design. In requesting an adjustment, the notification of such intent. If the grantee Over the past 13 years, Institute staff have grantee must set forth the reasons and wishes to continue the project under the reviewed approximately 3,600 concept basis for the proposed adjustment and direction of another individual, a papers and 1,700 applications. On the basis any other information the program statement of the candidate’s of those reviews, inquiries from applicants, manager determines would help the qualifications should be sent to the and the views of the Board, the Institute Institute’s review. Institute for review and approval. The offers the following recommendations to help grant may be terminated if the potential applicants present workable, C. Notification of Approval/Disapproval understandable proposals that can meet the qualifications of the proposed funding criteria set forth in this Guideline. If the request is approved, the grantee individual are not approved in advance The Institute suggests that applicants make will be sent a Grant Adjustment signed by the Institute. certain that they address the questions and by the Executive Director or his H. Transferring or Contracting Out of issues set forth below when preparing a designee. If the request is denied, the concept paper or application. Concept papers Grant-Supported Activities grantee will be sent a written and applications should, however, be explanation of the reasons for the No principal activity of a grant- presented in the formats specified in sections denial. supported project may be transferred or VI. and VII. of the Guideline, respectively. contracted out to another organization D. Changes in the Scope of the Grant 1. What is the subject or problem you wish without specific prior approval by the to address? Major changes in scope, duration, Institute. All such arrangements must be Describe the subject or problem and how training methodology, or other formalized in a contract or other written it affects the courts and the public. Discuss significant areas must be approved in agreement between the parties involved. how your approach will improve the advance by the Institute. A grantee may Copies of the proposed contract or situation or advance the state of the art or

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.047 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56051 knowledge, and explain why it is the most will be used to inform the field about the 9. How much detail should be included in appropriate approach to take. When statistics project, such as the publication of law review the budget narrative? or research findings are cited to support a or journal articles, or the distribution of key The budget narrative of an application statement or position, the source of the materials. A statement that a report or should provide the basis for computing all citation should be referenced in a footnote or research findings ‘‘will be made available to’’ project-related costs, as indicated in section a reference list. the field is not sufficient. The specific means VII.A.4. of the Guideline. To avoid common 2. What do you want to do? of distribution or dissemination as well as shortcomings of application budget the types of recipients should be identified. narratives, applicants should include the Explain the goal(s) of the project in simple, Reproduction and dissemination costs are following information: straightforward terms. The goals should allowable budget items. Personnel estimates that accurately provide describe the intended consequences or the amount of time to be spent by personnel expected overall effect of the proposed 6. What are the specific costs involved? involved with the project and the total project (e.g., to enable judges to sentence The budget in both concept papers and associated costs, including current salaries drug-abusing offenders more effectively, or to applications should be presented clearly. for the designated personnel (e.g., Project dispose of civil cases within 24 months), Major budget categories such as personnel, Director, 50% for one year, annual salary of rather than the tasks or activities to be benefits, travel, supplies, equipment, and $50,000 = $25,000). If salary costs are conducted (e.g., hold three training sessions, indirect costs should be identified separately. computed using an hourly or daily rate, the or install a new computer system). The components of ‘‘Other’’ or annual salary and number of hours or days To the greatest extent possible, an ‘‘Miscellaneous’’ items should be specified in in a work-year should be shown. applicant should avoid a specialized the application budget narrative, and should Estimates for supplies and expenses vocabulary that is not readily understood by not include set-asides for undefined supported by a complete description of the the general public. Technical jargon does not contingencies. supplies to be used, the nature and extent of enhance a paper, nor does a clever but printing to be done, anticipated telephone uninformative title. 7. What, if any, match is being offered? charges, and other common expenditures, 3. How will you do it? Courts and other units of State and local with the basis for computing the estimates government (not including publicly- × × Describe the methodology carefully so that included (e.g., 100 reports 75 pages each supported institutions of higher education) .05/page = $375.00). Supply and expense what you propose to do and how you would are required by the State Justice Institute Act do it are clear. All proposed tasks should be estimates offered simply as ‘‘based on to contribute a match (cash, non-cash, or experience’’ are not sufficient. set forth so that a reviewer can see a logical both) of at least 50 percent of the grant funds progression of tasks, and relate those tasks In order to expedite Institute review of the requested from the Institute. All other budget, make a final comparison of the directly to the accomplishment of the applicants also are encouraged to provide a project’s goal(s). When in doubt about amounts listed in the budget narrative with matching contribution to assist in meeting whether to provide a more detailed those listed on the budget form. In the rush the costs of a project. explanation or to assume a particular level of to complete all parts of the application on The match requirement works as follows: knowledge or expertise on the part of the time, there may be many last-minute If, for example, the total cost of a project is reviewers, provide the additional changes; unfortunately, when there are anticipated to be $150,000, a State or local information. A description of project tasks discrepancies between the budget narrative court or executive branch agency may request also will help identify necessary budget and the budget form or the amount listed on up to $100,000 from the Institute to items. All staff positions and project costs the application cover sheet, it is not possible implement the project. The remaining should relate directly to the tasks described. for the Institute to verify the amount of the $50,000 (50% of the $100,000 requested from The Institute encourages applicants to attach request. A final check of the numbers on the letters of cooperation and support from the SJI) must be provided as match. form against those in the narrative will courts and related agencies that will be Cash match includes funds directly preclude such confusion. contributed to the project by the applicant, or involved in or directly affected by the 10. What travel regulations apply to the by other public or private sources. It does not proposed project. budget estimates? include income generated from tuition fees or 4. How will you know it works? the sale of project products. Non-cash match Transportation costs and per diem rates Include an evaluation component that will refers to in-kind contributions by the must comply with the policies of the determine whether the proposed training, applicant, or other public or private sources. applicant organization, and a copy of the procedure, service, or technology This includes, for example, the monetary applicant’s travel policy should be submitted accomplished the objectives it was designed value of time contributed by existing as an appendix to the application. If the to meet. Concept papers and applications personnel or members of an advisory applicant does not have a travel policy should present the criteria that will be used committee (but not the time spent by established in writing, then travel rates must to evaluate the project’s effectiveness; participants in an educational program be consistent with those established by the identify program elements which will require attending program sessions). When match is Institute or the Federal Government (a copy further modification; and describe how the offered, the nature of the match (cash or in- of the Institute’s travel policy is available evaluation will be conducted, when it will kind) should be explained and, at the upon request). The budget narrative should occur during the project period, who will application stage, the tasks and line items for state which policies apply to the project. conduct it, and what specific measures will which costs will be covered wholly or in part The budget narrative also should include be used. In most instances, the evaluation by match should be specified. the estimated fare, the number of persons should be conducted by persons not traveling, the number of trips to be taken, and 8. Which of the two budget forms should be the length of stay. The estimated costs of connected with the implementation of the used? procedure, training, service, or technique, or travel, lodging, ground transportation, and the administration of the project. Section VII.A.1.c. of the SJI Grant other subsistence should be listed and The Institute has also prepared a more Guideline encourages use of the spreadsheet explained separately. It is preferable for the thorough list of recommendations to grant format of Form C1 if the application requests budget to be based on the actual costs of writers regarding the development of project $100,000 or more. Form C1 also works well traveling to and from the project or meeting evaluation plans. Those recommendations for projects with discrete tasks, regardless of sites. If the points of origin or destination are are available from the Institute upon request. the dollar value of the project. Form C, the not known at the time the budget is prepared, tabular format, is preferred for projects an average airfare may be used to estimate 5. How will others find out about it? lacking a number of discrete tasks, or for the travel costs. For example, if it is Include a plan to disseminate the results of projects requiring less than $100,000 of anticipated that a project advisory committee the training, research, or demonstration Institute funding. Generally, use the form will include members from around the beyond the jurisdictions and individuals that best lends itself to representing most country, a reasonable airfare from a central directly affected by the project. The plan accurately the budget estimates for the point to the meeting site, or the average of should identify the specific methods which project. airfares from each coast to the meeting site

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00031 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.048 pfrm02 PsN: 15OCN2 56052 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices may be used. Applicants should arrange 1. After the grant has been awarded, when Guideline, quarterly financial reporting, or travel so as to be able to take advantage of are the first quarterly reports due? payment requests, should be addressed to the advance-purchase price discounts whenever Quarterly Progress Reports and Financial Grants Financial Manager listed in the award possible. Status Reports must be submitted within 30 letter. days after the end of every calendar quarter— It is helpful to include the grant number 11. May grant funds be used to purchase assigned to the award on all correspondence equipment? i.e., no later than January 30, April 30, July 30, and October 30—regardless of the to the Institute. Generally, grant funds may be used to project’s start date. The reporting periods 4. Why are special conditions attached to the purchase only the equipment that is covered by each quarterly report end 30 days award document? necessary to demonstrate a new technological before the respective deadline for the report. In some instances, a list of special application in a court, or that is otherwise When an award period begins December 1, conditions is attached to the award essential to accomplishing the objectives of for example, the first Quarterly Progress document. Special conditions may be the project. The budget narrative must list the Report describing project activities between imposed to establish a schedule for reporting equipment to be purchased and explain why December 1 and December 31 will be due on certain key information, assure that the January 30. A Financial Status Report should the equipment is necessary to the success of Institute has an opportunity to offer be submitted even if funds have not been the project. Written prior approval is suggestions at critical stages of the project, obligated or expended. required when the amount of computer and provide reminders of some (but not By documenting what has happened over hardware to be purchased or leased exceeds necessarily all) of the requirements contained the past three months, Quarterly Progress $10,000, or the software to be purchased in the Grant Guideline. Accordingly, it is Reports provide an opportunity for project exceeds $3000. important for grantees to check the special staff and Institute staff to resolve any conditions carefully and discuss with their 12. To what extent may indirect costs be questions before they become problems, and Program Managers any questions or problems included in the budget estimates? make any necessary changes in the project they may have with the conditions. Most time schedule, budget allocations, etc. The It is the policy of the Institute that all costs concerns about timing, response time, and Quarterly Project Report should describe should be budgeted directly; however, if an the level of detail required can be resolved project activities, their relationship to the indirect cost rate has been approved by a in advance through a telephone conversation. approved timeline, and any problems Federal agency within the last two years, an The Institute’s primary concern is to work encountered and how they were resolved, indirect cost recovery estimate may be with grantees to assure that their projects and outline the tasks scheduled for the accomplish their objectives, not to enforce included in the budget. A copy of the coming quarter. It is helpful to attach copies rigid bureaucratic requirements. However, if approved rate agreement should be submitted of relevant memos, draft products, or other a grantee fails to comply with a special as an appendix to the application. requested information. An original and one condition or with other grant requirements, If an applicant does not have an approved copy of a Quarterly Progress Report and the Institute may, after proper notice, rate agreement and cannot budget directly for attachments should be submitted to the suspend payment of grant funds or terminate all costs, an indirect cost rate proposal Institute. the grant. should be prepared in accordance with Additional Quarterly Progress Report or Sections IX., X., and XI. of the Grant Section X.I.4. of the Guideline, based on the Financial Status Report forms may be Guideline contain the Institute’s applicant’s audited financial statements for obtained from the grantee’s Program Manager administrative and financial requirements. the prior fiscal year. (Applicants lacking an at SJI, or photocopies may be made from the Institute Finance Division staff are always audit should budget all project costs supply received with the award. available to answer questions and provide directly.) 2. Do reporting requirements differ for assistance regarding these provisions. 13. What meeting costs may be covered with continuation and on-going support grants? 5. What is a Grant Adjustment? grant funds? Recipients of continuation or on-going A Grant Adjustment is the Institute’s form SJI grant funds may cover the reasonable support grants are required to submit for acknowledging the satisfaction of special cost of meeting rooms, necessary audio- quarterly progress and financial status conditions, or approving changes in grant visual equipment, meeting supplies, and reports on the same schedule and with the activities, schedule, staffing, sites, or budget working meals. same information as recipients of a grant for allocations requested by the project director. a single new project. It also may be used to correct errors in grant 14. Does the budget truly reflect all costs A continuation grant and each yearly grant required to complete the project? documents or deobligate funds from the under an on-going support award should be grant. After preparing the program narrative considered as a separate phase of the project. portion of the application, applicants may The reports should be numbered on a grant 6. What schedule should be followed in find it helpful to list all the major tasks or rather than project basis. Thus, the first submitting requests for reimbursements or activities required by the proposed project, quarterly report filed under a continuation advance payments? including the preparation of products, and grant or a yearly increment of an on-going Requests for reimbursements or advance note the individual expenses, including support award should be designated as payments may be made at any time after the personnel time, related to each. This will number one, the second as number two, and project start date and before the end of the help to ensure that, for all tasks described in so on, through the final progress and 90-day close-out period. However, the the application (e.g., development of a financial status reports due within 90 days Institute follows the U.S. Treasury’s policy videotape, research site visits, distribution of after the end of the grant period. limiting advances to the minimum amount a final report), the related costs appear in the 3. What information about project activities required to meet immediate cash needs. budget and are explained correctly in the should be communicated to SJI? Given normal processing time, grantees budget narrative. should not seek to draw down funds for In general, grantees should provide prior periods greater than 30 days from the date of Appendix B—Questions Frequently notice of critical project events such as the request. Asked by Grantees advisory board meetings or training sessions so that the Institute Program Manager can 7. Do procedures for submitting requests for The Institute’s staff works with grantees to attend if possible. If methodological, reimbursement or advance payment differ help assure the smooth operation of the schedule, staff, budget allocations, or other for continuation or on-going support grants? project and compliance with the Guideline. significant changes become necessary, the The basic procedures are the same for any On the basis of monitoring more than 1,000 grantee should contact the Program Manager grant. A continuation grant or the yearly grants, the Institute staff offers the following prior to implementing any of these changes, grant under an on-going support award suggestions to aid grantees in meeting the so that possible questions may be addressed should be considered as a separate phase of administrative and substantive requirements in advance. Questions concerning the the project. Payment requests should be of their grants. financial requirements section of the numbered on a grant rather than a project

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.050 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56053 basis. The first request for funds from a ‘‘conduct, or require each recipient to cognizant Federal agencies. Therefore, the continuation grant or a yearly increment provide for, an annual fiscal audit’’ (see 42 grantee needs to submit a copy of the audit under an on-going support award should be U.S.C. 10711(c)(1)), the Grant Guideline sets report prepared for such a cognizant Federal designated as number one, the second as forth options for grantees to comply with this agency directly to SJI. The Institute’s audit number two, and so on through the final statutory requirement. (See Section X.K.) requirements may be found in Section X.K. payment request for that grant. SJI will accept audits conducted in of the Grant Guideline. accordance with the Single Audit Act of 1984 8. If things change during the grant period, and OMB Circulars A–128, or A–133, in can funds be reallocated from one budget Appendix C—List of State Contacts satisfaction of the annual fiscal audit category to another? Regarding Administration of Institute requirement. Grantees that are required to Grants to State and Local Courts The Institute recognizes that some undertake these audits in conjunction with flexibility is required in implementing a Federal grants may include SJI funds as part Mr. Frank Gregory, Administrative Director, project design and budget. Thus, grantees of the audit even if the receipt of SJI funds Administrative Office of the Courts, 300 may shift funds among direct cost budget would not require such audits. This approach Dexter Avenue, Montgomery, AL 36104, categories. When any one reallocation or the gives grantees an option to fold SJI funds into (334) 242–0300 cumulative total of reallocations are expected the governmental audit rather than to Ms. Stephanie J. Cole, Administrative to exceed five percent of the approved project undertake a separate audit to satisfy SJI’s Director, Alaska Court System, 303 K budget, a grantee must specify the proposed Guideline requirements. Street, Anchorage, AK 99501, (907) 264– changes, explain the reasons for the changes, In sum, educational and nonprofit 0547 and request Institute approval. organizations that receive payments from the Mr. Eliu F. Paopao, Court Administrator, The same standard applies to continuation Institute that are sufficient to meet the High Court of American Samoa, PO Box and on-going support grants. In addition, applicability thresholds of OMB Circular A– 309, Pago Pago, 011 (684) 633–1150 prior written Institute approval is required to 133 must have their annual audit conducted Mr. David K. Byers, Administrative Director shift leftover funds from the original award in accordance with Government Auditing of the Courts, Supreme Court of Arizona, to cover activities to be conducted under the Standards issued by the Comptroller General 1501 West Washington Street, Suite 411, renewal award, or to use renewal grant of the United States rather than with Phoenix, AZ 85007, (602) 542–9301 monies to cover costs incurred during the generally accepted auditing standards. original grant period. Mr. James D. Gingerich, Director, Grantees in this category that receive Administrative Office of the Courts, 9. What is the 90-day close-out period? amounts below the minimum threshold Supreme Court of Arkansas, Justice referenced in Circular A–133 must also Following the last day of the grant, a 90- Building, Little Rock, AR 72201, (501) submit an annual audit to SJI, but they would 682–9400 day period is provided to allow for all grant- have the option to conduct an audit of the related bills to be received and posted, and Mr. William C. Vickrey, State Court entire grantee organization in accordance grant funds drawn down to cover these Administrator, Administrative Office of with generally accepted auditing standards; expenses. No obligations of grant funds may the Courts, 455 Golden Gate Avenue, include SJI funds in an audit of Federal funds be incurred during this period. The last day Suite 5622, San Francisco, CA 94107, conducted in accordance with the Single on which an expenditure of grant funds can (415) 865–4200 Audit Act of 1984 and OMB Circulars A–128 be obligated is the end date of the grant Mr. Steven V. Berson, State Court or A–133; or conduct an audit of only the SJI period. Similarly, the 90-day period is not Administrator, Colorado Judicial funds in accordance with generally accepted intended as an opportunity to finish and Department, 1301 Pennsylvania Street, auditing standards. (See Guideline Section disseminate grant products. This should Suite 300, Denver, CO 80203–5012, (303) X.K.) Circulars may be obtained from OMB occur before the end of the grant period. 861–1111 by calling 202–395–3080 or visiting the OMB During the 90 days following the end of the Honorable Robert C. Leuba, Chief Court website at www.whitehouse.gov/OMB. award period, all monies that have been Administrator, Supreme Court of obligated should be expended. All payment 12. Does SJI have a CFDA number? Connecticut, 231 Capitol Avenue, requests must be received by the end of the Auditors often request that a grantee Drawer N, Station A, Hartford, CT 06106, 90-day ‘‘close-out-period.’’ Any unexpended provide the Institute’s Catalog of Federal (860) 566–4461 monies held by the grantee that remain after Domestic Assistance (CFDA) number for Mr. Lawrence P. Webster, Director, the 90-day follow-up period must be returned guidance in conducting an audit in Administrative Office of the Courts, to the Institute. Any funds remaining in the accordance with Government Accounting Carvel State Office Building, 11th Floor, grant that have not been drawn down by the Standards. 820 N. French Street, Wilmington, DE grantee will be deobligated. Because SJI is not a Federal agency, it has 19801, (302) 577–8481 10. Are funds granted by SJI ‘‘Federal’’ not been issued such a number, and there are Mr. Ulysses Hammond, Executive Officer, funds? no additional compliance tests to satisfy District of Columbia Courts, 500 Indiana under the Institute’s audit requirements Avenue, NW, Washington, DC 20001, The State Justice Institute Act provides (202) 879–1700 that, except for purposes unrelated to this beyond those of a standard governmental Mr. Kenneth Palmer, State Courts question, ‘‘the Institute shall not be audit. Administrator, Supreme Court Building, considered a department, agency, or Moreover, because SJI is not a Federal 500 South Duval Street, Tallahassee, FL instrumentality of the Federal Government.’’ agency, SJI funds should not be aggregated 32399–0156, (850) 922–5081 42 U.S.C. 10704(c)(1). Because SJI receives with Federal funds to determine if the appropriations from Congress, some grantee applicability threshold of Circular A–133 has Mr. George Lange III, Director, auditors have reported SJI grants funds as been reached. For example, if in fiscal year Administrative Office of the Courts, 47 ‘‘Other Federal Assistance.’’ This 1997 grantee ‘‘X’’ received $10,000 in Federal Trinity Avenue, Suite 414, Atlanta, GA classification is acceptable to SJI but is not funds from a Department of Justice (DOJ) 30334, (404) 656–5171 required. grant program and $20,000 in grant funds Mr. Daniel J. Tydingco, Executive Officer, from SJI, the minimum A–133 threshold Supreme Court of Guam, Guam Judicial 11. If SJI is not a Federal Agency, do OMB would not be met. The same distinction Center, 120 West O’Brien Drive, Agana, circulars apply with respect to audits? would preclude an auditor from considering Guam 96910, 011 (671) 475–3278 Unless they are inconsistent with the the additional SJI funds in determining what Mr. Michael F. Broderick, Administrative express provisions of the SJI Grant Guideline, Federal requirements apply to the DOJ funds. Director of the Courts, The Judiciary, Office of Management and Budget (OMB) Grantees who are required to satisfy either State of Hawaii, 417 S. King Street, Room Circulars A–110, A–21, A–87, A–88, A–102, the Single Audit Act, OMB Circulars A–128, 206, Honolulu, HI 96813, (808) 539–4900 A–122, A–128 and A–133 are incorporated or A–133 and who include SJI grant funds in Ms. Patricia Tobias, Administrative Director into the Grant Guideline by reference. those audits, need to remember that because of the Courts, Supreme Court Building, Because the Institute’s enabling legislation of its status as a private non-profit 451 West State Street, Boise, ID 83702, specifically requires the Institute to corporation, SJI is not on routing lists of (208) 334–2246

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00033 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.051 pfrm02 PsN: 15OCN2 56054 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Mr. Joseph A. Schillaci, Director, Honorable Richard J. Williams, Acting Mr. Daniel Becker, State Court Administrator, Administrative Office of the Illinois Administrative Director, Administrative 450 South State, Salt Lake City, UT Courts, 222 N. LaSalle Street, 13th Floor, Office of the Courts, 25 Market Street, 84114–0241, (801) 578–3806 Chicago, IL 60601, (312) 793–3250 Trenton, NJ 08625, (609) 984–0275 Mr. Lee Suskin, Court Administrator, Ms. Lilia G. Judson, Executive Director, Mr. John M. Greacen, Director, Supreme Court of Vermont, 109 State Division of State Court Administration, Administrative Office of the Courts, 237 Street, Montpelier, VT 05609–0701, (802) Indiana Supreme Court, 115 W. Don Gaspar, Room 25, Sante Fe, NM 828–3278 Washington, Suite 1080, Indianapolis, IN 87501–2178, (505) 827–4800 Ms. Viola E. Smith, Court Administrator, 46204–3417, (317) 232–2542 Honorable Jonathan Lippman, Chief Territorial Court of the Virgin Islands, Mr. William J. O’Brien, State Court Administrative Judge, Office of Court P.O. Box 70, Charlotte Amalie, St. Administrator, Supreme Court of Iowa, Administration, 25 Beaver Street, 11th Thomas, Virgin Islands 00804, (340) State House, Des Moines, IA 50319, (515) Floor, New York, NY 10004, (212) 428– 774–6680 281–5241 2100 Mr. Robert N. Baldwin, State Court Dr. Howard P. Schwartz, Judicial Honorable Thomas W. Ross, Administrative Administrator, Supreme Court of Administrator, Kansas Judicial Center Director of the Courts, North Carolina Virginia, 100 North Ninth Street, 3rd 301 West 10th Street, Topeka, KS 66612, Administrative Office of the Courts, 2 Floor, Richmond, VA 23219, (804) 786– (785) 296–4873 East Morgan Street, Raleigh, NC 27601, 6455 Ms. Cicely Jaracz Lambert, Director, (919) 733–7107 Ms. Mary Campbell McQueen, State Court Administrative Office of the Courts, 100 Mr. Keithe E. Nelson, State Court Administrator, Supreme Court of Mill Creek Park, Frankfort, KY 40601– Administrator, Supreme Court of North Washington, Temple of Justice, PO Box 9230, (502) 573–2350 Dakota, State Capitol Building, 600 East 41174, Olympia, WA 98504–1174, (360) Dr. Hugh M. Collins, Judicial Administrator, Boulevard Avenue, Dept. 180, Bismarck, 357–2121 Supreme Court of Louisiana, 1555 ND 58505–0530, (701) 328–4216 Mr. James M. Albert, Acting Administrative Poydras Street, Suite 1540, New Orleans, Ms. Margarita M. Palacios, Acting Director, Director, West Virginia Supreme Court of LA 70112–3701, (504) 568–5747 Supreme Court of the Commonwealth of Appeals, E–100, State Capitol Bldg., Mr. James T. Glessner, State Court the Northern Mariana Islands, PO Box 1900 Kanawha Blvd. East, Charleston, Administrator, Administrative Office of 2165 CK, Saipan, MP 96950, (670) 236– WV 25305–0833, (304) 558–0145 the Courts, PO Box 4820, Portland, ME 9800 Mr. J. Denis Moran, Director of State Courts, 04112–4820, (207) 822–0792 Mr. Steven C. Hollon, Administrative 213 Northeast State Capitol, Madison, WI Mr. George B. Riggin, Jr., State Court Director, Supreme Court of Ohio, State 53702, (608) 266–6828 Administrator, Administrative Office of Office Tower 30 East Broad Street, Ms. Holly A. Hansen, State Court the Courts, Courts of Appeal Bldg., 361 Columbus, OH 43266–0419, (614) 466– Administrator, Supreme Court of Rowe Boulevard, Annapolis, MD 21401, 2653 Wyoming, Supreme Court Building, 2301 (410) 260–1401 Mr. Howard W. Conyers, Administrative Capital Avenue, Cheyenne, WY 82002, Honorable Barbara A. Dortch-Okara, Chief Director of the Courts, Administrative (307) 777–7480 Justice for Administration and Office of the Courts 1925 N. Stiles, Suite Management, Administrative Office of 305, Oklahoma City, OK 73105, (405) Appendix D—SJI Libraries: Designated the Trial Courts, Two Center Plaza, Fifth 521–2450 Sites and Contacts Floor, Boston, MA 02108, (617) 742– Ms. Kingsley W. Click, State Court 8575 Administrator, Office of the State Court Alabama Mr. John D. Ferry, Jr., State Court Administrator, Supreme Court Building, Supreme Court Library Administrator, 309 N. Washington Salem, OR 97310, (503) 986–5900 Mr. Timothy A. Lewis, State Law Librarian, Square, Lansing, MI 48909, (517) 373– Ms. Nancy M. Sobolevitch, Court Alabama Supreme Court Bldg., 300 2222 Administrator, Administrative Office of Dexter Avenue, Montgomery, AL 36104, Ms. Sue K. Dosal, State Court Administrator, Pennsylvania Courts, Supreme Court of (334) 242–4347 Supreme Court of Minnesota, 25 Pennsylvania, 1515 Market Street, Suite Constitution Avenue, St. Paul, MN 1414, Philadelphia, PA 19102, (215) Alaska 55155, (651) 296–2474 560–6337 Anchorage Law Library Mr. Rick D. Patt, Acting Director, Ms. Mercedes M. Bauermeister, Administrative Office of the Courts, Administrative Director of the Courts, Ms. Cynthia S. Fellows, State Law Librarian, Supreme Court of Mississippi, PO Box General Court of Justice, Office of Court Alaska State Court Law Library, 820 W. 117, Jackson, MS 39205, (601) 354–7408 Administration, 6 Vela Street, Hato Rey, Fourth Ave., Anchorage, AK 99501, (907) Mr. Ronald L. Larkin, State Courts PR 00919, (787) 763–3358 264–0583 Administrator, Supreme Court of Dr. Robert C. Harrall, State Court Arizona Missouri, PO Box 104480, Jefferson City, Administrator, Supreme Court of Rhode MO 65110, (573) 751–3585 Island, 250 Benefit Street, Providence, RI State Law Library Mr. Patrick A. Chenovick, State Court 02903, (401) 277–3263 Ms. Gladys Ann Wells, Collection Administrator, Supreme Court of Ms. Rosalyn Woodson Frierson, Director, Development, Research Division, Montana, Justice Building, Room 315, South Carolina Court Administration, Arizona Dept. of Library, Archives and 215 North Sanders, Helena, MT 59620– 1015 Sumter Street, Suite 200, Columbia, Public Records, State Law Library, 1501 3002, (406) 444–2621 SC 29201, (803) 734–1800 W. Washington, Phoenix, AZ 85007, Mr. Joseph C. Steele, State Court Mr. Michael L. Buenger, State Court (602) 542–4035 Administrator, Administrative Office of Administrator, Unified Judicial System, the Courts/Probation, State Capitol 500 East Capitol Avenue, Pierre, SD Arkansas Building, Room 1220, Lincoln, NE 57501, (605) 773–3474 Administrative Office of the Courts 68509, (404) 471–3730 Ms. Cornelia A. Clark, Director, Ms. Karen Kavenau, State Court Administrative Office of the Courts, Mr. James D. Gingerich, Director, Supreme Administrator, Administrative Office of Tennessee Supreme Court, 511 Union Court of Arkansas, Justice Building, the Courts, Supreme Court Building, 201 Street, Suite 600, Nashville, TN 37243– Little Rock, AR 72201–1078, (501) 682– South Carson Street, Suite 250, Carson 0607, (615) 741–2687 9400 City, NV 89701–4702, (702) 687–5076 Mr. Jerry L. Benedict, Administrative Mr. Donald Goodnow, Director, Director, Office of Court Administration, Administrative Office of the Courts, Two Tom C. Clark State Courts Building, 205 Noble Drive, Concord, NH 03301, (603) West 14th Street, Suite 600, Austin, TX 271–2521 78701, (512) 463–1625

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00034 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.053 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56055

California Indiana Montana Administrative Office of the Courts Supreme Court Library State Law Library Mr. William C. Vickrey, State Court Dennis Lager, Supreme Court Librarian, Ms. Judith Meadows, State Law Librarian, Administrator, Administrative Office of Supreme Court Library, State House, State Law Library of Montana, 215 North the Courts, 455 Golden Gate Avenue, Room 316, Indianapolis, IN 46204, (317) Sanders, Helena, MT 59620, (406) 444– Suite 5622, San Francisco, CA 94107, 232–2557 3660 (415) 865–4200 Iowa Nebraska Colorado Administrative Office of the Court Administrative Office of the Courts Supreme Court Library Dr. Jerry K. Beatty, Executive Director, Mr. Joseph C. Steele, State Court Ms. Lois Calvert, Supreme Court Law Judicial, Education & Planning, Administrator, Administrative Office of Librarian, Colorado State Judicial Administrative Office of the Courts, State the Courts/Probation, State Capitol Building, 2 East 14th Avenue, Denver, Capital Building, Des Moines, IA 50319, Building, Room 1220, Lincoln, NE CO 80203, (303) 837–3720 (515) 281–8279 68509, (402) 471–3730 Connecticut Kansas Nevada State Library Supreme Court Library National Judicial College Ms. Denise D. Jernigan, Head, Law/ Mr. Fred Knecht, Law Librarian, Kansas Clara Kelly, Law Librarian, National Judicial Legislative Reference Unit, Connecticut Supreme Court Library, 301 West 10th College, Judicial College Building, State Library, Hartford, CT 06106, (860) Street, Topeka, KS 66612, (913) 296– University of Nevada, Reno, NV 89550, 566–2516 3257 (702) 784–6747 Kentucky Delaware New Jersey State Law Library Administrative Office of the Courts New Jersey State Library Ms. Sallie Howard, State Law Librarian, State Mr. Michael E. McLaughlin, Deputy Director, Marjorie Garwig, Supervising Law Librarian, Law Library, State Capital, Room 200, New Jersey State Law Library, 185 West Administrative Office of the Courts, Frankfort, KY 40601, (502) 564–4848 Carvel State Office Building, 820 North State Street, PO Box 520, Trenton, NJ French Street, 11th Floor, PO Box 8911, Louisiana 08625–0250, (609) 292–6230 Wilmington, DE 19801, (302) 577–8481 State Law Library New Mexico District of Columbia Ms. Carol Billings, Director, Louisiana Law Supreme Court Library Executive Office, District of Columbia Courts Library 301 Loyola Avenue, New Mr. Thaddeus Bejnar, Librarian, Supreme Orleans, LA 70112, (504) 568–5705 Court Library, Post Office Drawer L, Mr. Ulysses Hammond, Executive Officer, Santa Fe, NM 87504, (505) 827–4850 District of Columbia Courts, 500 Indiana Maine Avenue, NW., Washington, D.C. 20001, State Law and Legislative Reference Library New York (202) 879–1700 Ms. Lynn E. Randall, State Law Librarian, 43 Supreme Court Library Florida State House Station, Augusta, ME 04333, Ms. Colleen Stella, Principal Law Librarian, (207) 287–1600 Administrative Office of the Courts New York State Supreme, Court Law Maryland Library, Onondaga County Court House, Mr. Kenneth Palmer, State Court 401 Montgomery Street, Syracuse, NY Administrator, Supreme Court Building, State Law Library 13202, (315) 435–2063 500 South Duval Street, Tallahassee, FL Mr. Michael S. Miller, Director, Maryland 32399–1900, (850) 922–5081 State Law Library, Court of Appeal North Carolina Georgia Building, 361 Rowe Boulevard, Supreme Court Library Annapolis, MD 21401, (410) 260–1430 Administrative Office of the Courts Ms. Louise Stafford, Massachusetts Librarian, North Carolina Supreme, Court George Lange III, Director, Administrative Library, PO Box 28006, 2 East Morgan Office of the Courts, 47 Trinity Avenue, Middlesex Law Library Street, Raleigh, NC 27601, (919) 733– Suite 414, Atlanta, GA 30334, (404) 656– Ms. Sandra Lindheimer, Librarian, Middlesex 3425 5171 Law Library, Superior Court House, 40 North Dakota Hawaii Thorndike Street, Cambridge, MA 02141, (617) 494–4148 Supreme Court Library Supreme Court Library Michigan Ms. Marcella Kramer, Assistant Law Ms. Ann Koto, State Law Librarian, The Librarian, Supreme Court Law Library, Supreme Court Law Library, 417 South Michigan Judicial Institute 600 East Boulevard Avenue, Dept. 182, King St., Room 119, Honolulu, HI 96813, Mr. Kevin Bowling, Director, Michigan 2nd Floor, Judicial Wing, Bismarck, ND (808) 539–4965 Judicial Institute, 222 Washington 58505–0540, (701) 328–2229 Idaho Square North, PO Box 30205, Lansing, MI 48909, (517) 334–7804 Northern Mariana Islands AOC Judicial Education Library/State Law Supreme Court of the Northern Mariana Library Minnesota Islands Ms. Beth Peterson, State Law Librarian, Idaho State Law Library (Minnesota Judicial Center) Honorable Marty W.K. Taylor, Chief Justice, State Law Library, Supreme Court Mr. Marvin R. Anderson, State Law Supreme Court of the Northern Mariana Building, 451 West State St., Boise, ID Librarian, Supreme Court of Minnesota, Islands, PO Box 2165, Saipan, MP 96950, 83720, (208) 334–3316 25 Constitution Avenue, St. Paul, MN (670) 234–5275 55155, (612) 297–2084 Illinois Ohio Supreme Court Library Mississippi Supreme Court Library Ms. Brenda Larison, Supreme Court of Mississippi Judicial College Mr. Paul S. Fu, Law Librarian, Supreme Illinois Library, 200 East Capitol Avenue, Mr. Leslie Johnson, Director, University of Court Law Library, Supreme Court of Springfield, IL 62701–1791, (217) 782– Mississippi, PO Box 8850, University, Ohio, 30 East Broad Street, Columbus, 2425 MS 38677, (601) 232–5955 OH 43266–0419, (614) 466–2044

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00035 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.056 pfrm02 PsN: 15OCN2 56056 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Oklahoma Vermont Curriculum Adaptation Grant. A list of all Administrative Office of the Courts Supreme Court of Vermont SJI-supported education projects is available on the SJI website (http:// Mr. Howard W. Conyers, Administrative Mr. Lee Suskin, Court Administrator, www.statejustice.org). Please also check with Director, 1915 North Stiles, Suite 305, Supreme Court of Vermont, 109 State the JERITT project (517/353–8603) and with Oklahoma City, OK 73105, (405) 521– Street, Montpelier, VT 05609–0701, (802) your State SJI-designated library (see 2450 828–3278 Appendix D) for information on other SJI- Oregon Virginia supported curricula that may be appropriate for in-State adaptation. Administrative Office of the Courts Administrative Office of the Courts Mr. Robert N. Baldwin, State Court Alternative Dispute Resolution Ms. Kingsley W. Click, State Court Administrator, Supreme Court of Administrator, Office of the State Court Judicial Settlement Manual (National Judicial Virginia, Administrative Offices, 100 Administrator, Supreme Court Building, College: SJI–89–089) North Ninth Street, 3rd Floor, Richmond, Salem, OR 97810, (503) 986–5900 Improving the Quality of Dispute Resolution VA 28219 (804) 786–6455 (Ohio State University College of Law: Pennsylvania Washington SJI–93–277) State Library of Pennsylvania Comprehensive ADR Curriculum for Judges Washington State Law Library (American Bar Association: SJI–95–002) Ms. Sharon Anderson, State Justice Ms. Deborah Norwood, State Law Librarian, Domestic Violence and Custody Mediation Depository, State Library of Washington State Law Library, Temple (American Bar Association: SJI–96–038) Pennsylvania, Collection Management, of Justice, P.O. Box 40751, Olympia, WA Room G–48 Forum Building, P.O. Box 98504–0751 (206) 357–2136 Court Coordination 1601, Harrisburg, PA 17105–1601, (717) Bankruptcy Issues for State Trial Court 787–5718 West Virginia Judges (American Bankruptcy Institute: Administrative Office of the Courts SJI–91–027) Puerto Rico Mr. Richard H. Rosswurm, Chief Deputy, Intermediate Sanctions Handbook: Office of Court Administration West Virginia Supreme Court of Appeals, Experiences and Tools for Policymakers Alfredo Rivera-Mendoza, Esq., Director, Area State Capitol, 1900 Kanawha, Charleston, (Center for Effective Public Policy: IAA– of Planning and Management, Office of WV 25305 (304) 348–0145 88–NIC–001) Regional Conference Cookbook: A Practical Court Administration, P.O. Box 917, Wisconsin Hato Rey, R 00919 Guide to Planning and Presenting a State Law Library Regional Conference on State-Federal Rhode Island Ms. Marcia Koslov, State Law Librarian, State Judicial Relationships (U.S. Court of Roger Williams Law School Library Law Library, 310E State Capitol, P.O. Appeals for the 9th Circuit: SJI–92–087) Bankruptcy Issues and Domestic Relations Mr. Kendall Svengalis, Law Librarian, Licht Box 7881, Madison, WI 53707 (608) 266– 1424 Cases (American Bankruptcy Institute: Judicial Complex, 250 Benefit Street, SJI–96–175) Providence, RI (401) 254–4546 Wyoming Court Management South Carolina Wyoming State Law Library Managing Trials Effectively: A Program for Coleman Karesh Law Library (University of Ms. Kathy Carlson, Law Librarian, Wyoming State Trial Judges (National Center for South Carolina School of Law) State Law Library, Supreme Court State Courts/National Judicial College: Building, 2801 Capitol Avenue, SJI–87–066/067, SJI–89–054/055, SJI– Mr. Steve Hinckley, Library Director, Cheyenne, WY 82002, (307) 777–7509 Coleman Karesh Law Library, U.S.C. Law 91–025/026) Center, University of South Carolina, National Caseflow Management Principles and Columbia, SC 29208 (803) 777–5944 Practices (Institute for Court Manage- American Judicature Society ment/National Center for State Courts: Tennessee Ms. Clara Wells, Assistant for Information SJI–87–056) Tennessee State Law Library and Library Services, 25 East A Manual for Workshops on Processing Washington Street, Suite 1600, Chicago, Felony Dispositions in Limited Judge Connie Clark, Director, Administrative IL 60602, (312) 558–6900 Jurisdiction Courts (National Center for Office of the Courts, State of Tennessee, State Courts: SJI–90–052) 511 Union, Nashville, TN 37243–0607, National Center for State Courts Managerial Budgeting in the Courts; (615) 741–2687 Ms. Peggy Rogers, Acquisitions/Serials Performance Appraisal in the Courts; Librarian, 300 Newport Avenue, Texas Managing Change in the Courts; Court Williamsburg, VA 23187–8798, (804) Automation Design; Case Management State Law Library 253–2000 for Trial Judges; Trial Court Performance Standards (Institute for Court Ms. Kay Schleuter, Director, State Law JERITT Library, P.O. Box 12367, Austin, TX Management/National Center for State 78711, (512) 463–1722 Maureen Conner, Project Director, Judicial Courts: SJI–91–043) Education Reference, Information, and Strengthening Rural Courts of Limited U.S. Virgin Islands Technical Transfer Project (JERITT), Jurisdiction and Team Training for Library of the Territorial Court of the Virgin Michigan State University, 560 Baker Judges and Clerks (Rural Justice Center: Islands (St. Thomas) Hall, East Lansing, MI 48824, (517) 353– SJI–90–014, SJI–91–082) 8608 Interbranch Relations Workshop (Ohio Librarian, The Library, Territorial Court of Appendix E—Illustrative List of Model Judicial Conference: SJI–92–079) the Virgin Islands, Post Office Box 70, Integrating Trial Management and Caseflow Charlotte Amalie, St. Thomas, U.S. Curricula Management (Justice Management Virgin Islands 00804 The following list includes examples of Institute: SJI–93–214) Utah model SJI-supported curricula that State Leading Organizational Change (California judicial educators may wish to adapt for Administrative Office of the Courts: SJI– Utah State Judicial Administration Library presentation in education programs for 94–068) Ms. Debbie Christiansen, Utah State Judicial, judges and other court personnel with the Privacy Issues in Computerized Court Record Administration Library, AOC, 450 South assistance of a Curriculum Adaptation Grant. Keeping: An Instructional Guide for State, P.O. Box 140241, Salt Lake City, Please refer to section VII.E. for information Judges and Judicial Educators (National UT 84114–0241, (801) 533–6371 on submitting a letter application for a Judicial College: SJI–94–015)

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00036 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.057 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56057

Managing Mass Tort Cases (National Judicial A Videotape Training Program in Ethics and Judicial Education For Appellate Court College: SJI–94–141) Professional Conduct for Nonjudicial Judges Employment Responsibilities of State Court Court Personnel and The Ethics Career Writing Program for Appellate Judges Judges (National Judicial College: SJI– Fieldbook: Tool For Trainers (American (American Academy of Judicial 95–025) Judicature Society: SJI–93–068) Education: SJI–88–086) Court Interpreter Training Course for Spanish Dealing with the Common Law Courts: A Civil and Criminal Procedural Innovations Interpreters (International Institute of Model Curriculum for Judges and Court for Appellate Courts (National Center for Buffalo: SJI–93–075) Staff (Institute for Court Management/ State Courts: SJI–94–002) National Center for State Courts: SJI–96– Doing Justice: Improving Equality Before the 159) Law Through Literature-Based Seminars Judicial Education Faculty, and Program Caseflow Management (Justice Management for Judges and Court Personnel (Brandeis Development Institute: SJI–98–041) University: SJI–94–019) Indian Welfare Act’’; ‘‘Defendants, Victims, The Leadership Institute in Judicial Courts and Communities and Witnesses with Mental Retardation Education and The Advanced Leadership Institute in Judicial A National Program for Reporting on the (National Judicial College: SJI–94–142) Multi-Cultural Training for Judges and Court Education (University of Memphis: SJI– Courts and the Law (American 91–021) Judicature Society: SJI–88–014) Personnel (St. Petersburg Junior College: SJI–95–006) ‘‘Faculty Development Instructional Victim Rights and the Judiciary: A Training Program’’ from Curriculum Review and Implementation Project (National Ethical Standards for Judicial Settlement: Developing a Judicial Education Module (National Judicial College: SJI–91–039) Organization for Victim Assistance: SJI– Resource Manual and Training for Judicial 89–083) (American Judicature Society: SJI–95– 082) Education Mentors (National Association National Guardianship Monitoring Project: Code of Ethics for the Court Employees of of State Judicial Educators: SJI–95–233) Trainer and Trainee’s Manual (American California (California Administrative Institute for Faculty Excellence in Judicial Association of Retired Persons: SJI–91– Office of the Courts: SJI 95–245) Education, (National Council of Juvenile 013) Workplace Sexual Harassment Awareness and Family Court Judges: SJI–96–042) Access to Justice: The Impartial Jury and the and Prevention (California Orientation and Mentoring of Judges and Justice Systemand When Implementing Administrative Office of the Courts: SJI Court Personnel the Court-Related Needs of Older People 96–089) and Persons with Disabilities: An Just Us On Justice: A Dialogue on Diversity Legal Institute for Special and Limited Instructional Guide (National Judicial Issues Facing Virginia Courts (Virginia Jurisdiction Judges (National Judicial College: SJI–91–054) Supreme Court: SJI–96–150) College: SJI–89–043, SJI–91–040) You Are the Court System: A Focus on When Bias Compounds: Insuring Equal Pre-Bench Training for New Judges Customer Service (Alaska Court System: Treatment for Women of Color in the (American Judicature Society: SJI–90– SJI–94–048) Courts (National Judicial Education 028) Serving the Public: A Curriculum for Court Program: SJI 96–161) A Unified Orientation and Mentoring Employees (American Judicature When Judges Speak Up: Ethics, the Public, Program for New Judges of All Arizona Society: SJI–96–040) and the Media (American judicature Trial Courts (Arizona Supreme Court: Courts and Their Communities: Local Society: SJI–96–152) SJI–90–078) Planning and the Renewal of Public Court Organization and Structure (Institute Trust and Confidence: A California Family Violence and Gender-Related Violent Crime for Court Management/National Center Statewide Conference (California for State Courts: SJI–91–043) Administrative Office of the Courts: SJI– National Judicial Response to Domestic Judicial Review of Administrative Agency 98–008) Violence: Civil and Criminal Curricula Decisions (National Judicial College: SJI– Public Trust and Confidence in the Courts (Family Violence Prevention Fund: SJI– 91–080) (Mid-Atlantic Association for Court 87–061, SJI–89–070, SJI–91–055). New Employee Orientation Facilitators Guide Management: SJI–98–208) Domestic Violence: A Curriculum for Rural (Minnesota Supreme Court: SJI–92–155) Courts (Rural Justice Center: SJI–88–081) ACA National Conference: Public Trust and Magistrates Correspondence Course (Alaska Judicial Training Materials on Spousal Confidence (Arizona Courts Association: Court System: SJI–92–156) SJI–99–063) Support; Judicial Training Materials on Child Custody and Visitation (Women Computer-Assisted Instruction for Court Criminal Process Judges’ Fund for Justice: SJI–89–062) Employees (Utah Administrative Office of the Courts: SJI–94–012) Search Warrants: A Curriculum Guide for Judicial Response to Stranger and Nonstranger Rape and Sexual Assault Bench Trial Skills and Demeanor: An Magistrates (American Bar Association Interactive Manual (National Judicial Criminal Justice Section: SJI–88–035) (National Judicial Education Program: SJI–92–003) College: SJI 94–058) Diversity, Values, and Attitudes Domestic Violence & Children: Resolving Ethical Issues in the Election of Judges (National Judicial College: SJI–94–142) Troubled Families, Troubled Judges Custody and Visitation Disputes (Family (Brandeis University: SJI–89–071) Violence Prevention Fund: SJI–93–255) Juveniles and Families in Court Adjudicating Allegations of Child Sexual The Crucial Nature of Attitudes and Values Fundamental Skills Training Curriculum for in Judicial Education (National Council Abuse When Custody Is In Dispute (National Judicial Education Program: SJI Juvenile Probation Officers (National of Juvenile and Family Court Judges: SJI– Council of Juvenile and Family Court 90–058) 95–019) Handling Cases of Elder Abuse: Judges: SJI–90–017) Enhancing Diversity in the Court and Interdisciplinary Curricula for Judges Child Support Across State Lines: The Community (Institute for Court and Court Staff (American Bar Uniform Interstate Family Support Act Management/National Center for State Association: SJI–93–274) from Uniform Interstate Family Support Courts: SJI–91–043) Act: Development and Delivery of a Cultural Diversity Awareness in Nebraska Health and Science Judicial Training Curriculum (ABA Courts from Native American Environmental Law Resource Handbook Center on Children and the Law: SJI 94– Alternatives to Incarceration Project (University of New Mexico Institute for 321) (Nebraska Urban Indian Health Public Law: SJI–92–162) Coalition: SJI–93–028) A Judge’s Deskbook on the Basic Strategic and Futures Planning Race Fairness and Cultural Awareness Philosophies and Methods of Science: Minding the Courts into the Twentieth Faculty Development Workshop Model Curriculum (University of Century (Michigan Judicial Institute: SJI– (National Judicial College: SJI–93–063) Nevada, Reno: SJI–97–030) 89–029)

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00037 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.059 pfrm02 PsN: 15OCN2 56058 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

An Approach to Long-Range Strategic Measurement of Trial Court Performance Arizona Pro Per Information System Planning in the Courts (Center for Public Grantee: Supreme Court of Virginia, Contact: (QuickCourt) Policy Studies: SJI–91–045) Beatrice Monahan, 100 North Ninth Grantee: Arizona Supreme Court, Contact: Substance Abuse Street, Third Floor, Richmond, VA Jeannie Lynch, Administrative Office of 23219, (804) 786–6455, Grant No: SJI– the Court, 1501 West Washington Street, Effective Treatment for Drug-Involved 91–042 Suite 411, Phoenix, AZ 85007–3330, Offenders: A Review & Synthesis for (602) 542–9554, Grant No: SJI–91–084 Judges and Court Personnel (Education Probate Caseflow Management Project Using Judges and Court Personnel to Development Center, Inc.: SJI–90–051) Grantee: Ohio Supreme Court/Trumbull Facilitate Access to Courts by Limited Good Times, Bad Times: Drugs, Youth, and County Probate Court, Contact: Hon. English Speakers the Judiciary (Professional Development Susan Lightbody, 160 High Street, NW, and Training Center, Inc.: SJI–91–095) Warren, OH 44481, (216) 675–2566, Grantee: Washington Office of the Gaining Momentum: A Model Curriculum for Grant No: SJI–92–081; SJI–92–081–P94– Administrator for the Courts, Contact: Drug Courts (Florida Office of the State 1; SJI–92–081–P95–1 Joanne Moore, 1206 South Quince Street, Courts Administrator: SJI–94–291) PO Box 41170, Olympia, WA 98504– Implementing Quality Methods in Court Judicial Response to Substance Abuse: 1170, (206) 753–3365, Grant No: SJI–92– Operations Children, Adolescents, and Families 147 Grantee: Oregon Supreme Court, Contact: (National Council of Juvenile and Family Pro se Forms and Instructions Packets Court Judges: SJI–95–030) Scott Crampton, Supreme Court Building, Salem, OR 97310, (503) 378– Grantee: Michigan Supreme Court, Contact: Appendix F—Illustrative List of 5845, Grant No: SJI–92–170 Pamela Creighton 611 W. Ottawa Street, Replicable Projects Lansing, MI 48909, Grant No: SJI–94–003 Applying TQM Concepts to Systemwide The following list includes examples of Problems of the Maine Judicial Branch Understanding the Judicial Process: A Curriculum and Community Service Program SJI-supported projects that might Grantee: Maine Supreme Judicial Court, successfully adapted and replicated in other Contact: James T. Glessner, PO Box 4820, Grantee: Drake University, Contact: Timothy in other jurisdictions. Please see section VI. Portland, Maine 04101, (207) 822–0792, Buzzell, Opperman Hall, Des Moines, IA for information on submitting a concept Grant No: SJI–93–072 50311, (515) 271–3205, Grant No: SJI– paper requesting a grant to replicate one of 94–022 Arizona-Sonora Judicial Relations Project these or another SJI-supported project. A list Court Self-Service Center of all SJI-supported projects is available on Grantee: Arizona Supreme Court, Contact: Grantee: Maricopa County Superior Court, the Institute’s website (http:// Dennis Metrick, 1501 W. Washington Contact: Bob James, 201 W. Jefferson, 4th www.statejustice.org). Street, Phoenix, Arizona 85007–3327, (602) 542–4532, Grant No: SJI–93–202 Floor, Phoenix, AZ 85003, (602) 506– Application of Technology 6314, Grant No: SJI–94–324 Implementing Strategic Planning in the Trial Automated Teller Machines for Juror Courts Computer-Based Interpreter Test Delivery Payment System Grantee: Center for Public Policy Studies, Grantee: District of Columbia Courts, Contact: Contact: David Price, 999 18th Street, Grantee: Maryland Administrative Office of Philip Braxton, 500 Indiana Avenue, Suite 900, Denver, CO 80202, (303) 863– the Courts, Contact: Elizabeth Veronis, NW, Washington, DC 20001, (202) 879– 0900, Grant No: SJI–94–021 361 Rowe Boulevard, Annapolis, 1700, Grant No: SJI–92–139 Maryland 21401, (410) 974–2141, Grant Interstate Compacts and Cooperation in No: SJI–96–164 Analytical Judicial Desktop Guardianship Cases Public Opinion and the Courts Grantee: Fund for the City of New York, Grantee: National College of Probate Judges, Grantee: New Mexico Administrative Office Contact: Michele Sviridoff, Mid-Town Contact: Paula Hannaford, PO Box 8978, of the Courts, Contact: John M. Greacen, Community Court, 314 W. 54th Street, Williamsburg, Virginia 23187–8798, 237 Don Gaspar, Room 25, Santa Fe, New York, New York 10019, (212) 484– (757) 253–2000, Grant No: SJI–97–241 2721, Grant No: SJI–94–323 New Mexico 87501–2178, (505) 827– Courts and Communities 4800 Grant No: SJI–97–026 Children and Families in Court AARP Volunteers: A Resource for Sentencing Parent Education and Custody Effectiveness Strengthening Guardianship Services (PEACE) Program Facilitating the Appropriate Use of Grantee: American Association of Retired Grantee: Hofstra University, Contact: Andrew Intermediate Sanctions Persons, Contact: Wayne Moore, 601 E Shephard, 1000 Fulton Avenue, Grantee: Center for Effective Public Policy, Street, NW, Washington, DC 20049, (202) Hampstead, NY 11550–1090, (516) 463– Contact: Peggy McGarry, 8403 Colesville 434–2165, Grant Nos: SJI–88–033 /SJI– 5890, Grant No: SJI–93–265 Road, Suite 720, (301) 589–9383, Grant 91–013 A Judge’s Guide to Culturally Competent No: SJI–95–078 Responses to Latino Family Violence Establishing a Consumer Research and Service Development Process Within the Substance Abuse Grantee: Center for Public Policy Studies, Judicial System Alabama Alcohol and Drug Abuse Court Contacts: Stephen Weller, John Martin, Referral Officer Program 999 18th Street, Suite 900, Denver, Grantee: Supreme Court of Virginia, Contact: Colorado 80202, Grant No: SJI–96–230 Beatrice Monahan, Administrative Grantee: Alabama Administrative Office of Offices, Third Floor, 100 North Ninth the Courts, Contact: Angelo Trimble, 817 Court Management, Coordination and Street, Richmond, VA 23219, (804) 786– South Court Street, Montgomery, AL Planning 6455, Grant No: SJI–89–068 36130–0101, (334) 834–7990, Grant Nos: SJI–88–030/SJI–89–080/SJI–90–005 Tribal Court-State Court Forums: A How To- Tele-Court: A Michigan Judicial System Do-It Guide to Prevent and Resolve Public Information Program Substance Abuse Assessment and Jurisdictional Disputes and Improve Intervention to Reduce Driving Under the Cooperation Between Tribal and State Courts Grantee: Michigan Supreme Court, Contact: Influence of Alcohol Recidivism Judy Bartell, State Court Administrative Grantee: National Center for State Courts, Office, 611 West Ottawa Street, PO Box Grantee: California Administrative Office of Contact: Frederick Miller, 1331 17th 30048, Lansing, MI 48909, (517) 373– the Courts c/o El Cajon, Municipal Court, Street, Suite 402, Denver, Colorado 0130, Grant No: SJI–91–015 Contact: Fred Lear, 250 E. Main Street, 80202–1554, (303) 293–3063, Grant No: El Cajon, CA 92020, (619) 441–4336, SJI–91–011) Grant No: SJI–88–029/SJI–90–008

VerDate 12-OCT-99 14:22 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00038 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.061 pfrm02 PsN: 15OCN2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56059

Court Referral Officer Program Are you seeking/have you received a lllllllllllllllllllll scholarship for this course from another Signature Grantee: New Hampshire Supreme Court, ll ll lllllllllllllllllllll Contact: Jim Kelley, Supreme Court source? Yes No If so, please specify the source(s) and Date Building, Concord, NH 03301, (603) 271– lllllllllllllll 2521, Grant No: SJI–92–142 amounts(s) Please return this form and Form S–2 to: Additional Inforamtion: Please attach a Scholarship Coordinator, State Justice Appendix G—State Justice Institute current resume or professional summary, and Institute, 1650 King Street, Suite 600, provide the information requested below. Alexandria Virginia 22314 (Form S2) Scholarship Application (You may attach additional pages if This application does not serve as a necessary.) State Justice Institute registration for the course. Please contact the 1. Please describe your need to acquire the Scholarship Application skills and knowledge taught in this course. education provider. Concurrence 2. Please describe how will taking this llllllllllllllllllll Applicant Information: course benefit you, your court, and the I, 1. Applicant Name: lllllllllll State’s courts generally. Name of Chief Justice (or Chief Justice’s (Last) (First) (M) 3. Is there an educational program Designee) 2. Position: lllllllllllllll currently available through your State on this have reviewed the application for a llllllllllll topic? scholarship to attend the program entitled 3. Name of Court: lllllllllllllllllllll 4. Address: lllllllllllllll 4. Are State or local funds available to prepared by lllllllllllllll Street/P.O. Box support your attendance at the proposed lllllllllllllllllllll course? If so, what amount(s) will be Name of Applicant provided? and concur in its submission to the State City State Zip Code 5. How long have you served as a judge or Justice Institute. The applicant’s 5. Telephone No. llllllllllll llllllll court manager? participation in the program would benefit 6. Congressional District: lllllllllllllllllllll the State; the applicant’s absence to attend Program Information: 6. How long do you anticipate serving as the program would not present an undue a judge or court manager, assuming 7. Course Name: llllllllllll hardship to the court; public funds are not reelection or reappointment? available to enable the applicant to attend 8. Course Dates: llllllllllll 0–1 year 2–4 years 5–7 years this course; and receipt of a scholarship 9. Course Provider: lllllllllll llllllllll 8–10 years 11+ years would not diminish the amount of funds 10. Location Offered: 7. What continuing professional education made available by the State for judicial Estimated Expenses: (Please note: programs have you attended in the past year? branch education. Scholarships are limited to tuition and Please indicate which were mandatory (M) lllllllllllllllllllll transportation expenses to and from the site and which were non-mandatory (V). Signature lllllllllllllllllllll of the course up to a maximum of $1,500.) Statement of Applicant’s Commitment Tuition: $ llllllllllllllll Name If a scholarship is awarded, I will share the lllllllllllllllllllll Transportation: $ llllllllllll skills and knowledge I have gained with my Title (Airfare, train fare, or, if you plan to drive, court colleagues locally, and if possible, lllllllllllllllllllll an amount equal to the approximate distance Statewide, and I will submit an evaluation of Date and mileage rate.) the educational program to the State Justice Amount Requested: $ llllllllll Institute and to the Chief Justice of my State. Appendix H—Line-Item Budget Form

FOR CONCEPT PAPERS, CURRICULUM ADAPTATION AND TECHNICAL ASSISTANCE GRANT REQUESTS

Category match SJI funds Cash match In-kind

Personnel ...... $ll $ll $ll Fringe Benefits ...... $ll $ll $ll Consultant/Contractual ...... $ll $ll $ll Travel ...... $ll $ll $ll Equipment ...... $ll $ll $ll Supplies ...... $ll $ll $ll Telephone ...... $ll $ll $ll Postage ...... $ll $ll $ll Printing/Photocopying ...... $ll $ll $ll Audit ...... $ll $ll $ll Other ...... $ll $ll $ll Indirect Costs (%) ...... $ll $ll $ll Total ...... $ll $ll $ll Project Total: $lll Concept papers requesting an acccelerated award, Curriculum Adaptation grant requests, and Technical Assistance grant requests should be accompanied by a budget narrative explaining the basis for each line-item listed in the proposed budget.

VerDate 12-OCT-99 18:15 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00039 Fmt 4701 Sfmt 4703 E:\FR\FM\15OCN2.XXX pfrm01 PsN: 15OCN2 56060 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Financial assistance has been or will be prepared by lllllllllllllll lllllllllllllllllllll sought for this project from the following Name of Applicant Signature other source: approves its submission to the State Justice lllllllllllllllllllll lllllllllllllllllllll Institute, and Date [ ] agrees to receive and administer and be lllllllllllllllllllll Appendix I—State Justice Institute accountable for all funds awarded by the Name Certificate of State Approval Institute pursuant to the application. lllllllllllllllllllll [ ] designates lllllllllllll llllllllllllllllll Title The Name of Trial or Appellate Court or Agency Name of State Supreme Court or Designated as the entity to receive, administer, and be [FR Doc. 99–26469 Filed 10–14–99; 8:45 am] Agency or Council accountable for all funds awarded by the BILLING CODE 6820±SC±P has reviewed the application entitled lll Institute pursuant to the application.

VerDate 12-OCT-99 18:15 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00040 Fmt 4701 Sfmt 4703 E:\FR\FM\15OCN2.XXX pfrm01 PsN: 15OCN2 eDt 2OT9 43 c 4 99Jt100 O000Fm001Ft41 ft41 :F\MA5C.0 fm2PsN:15OCR2 pfrm02 E:\FR\FM\A15OC0.001 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 14:33Oct14, 1999 VerDate 12-OCT-99 federal register October 15,1999 Friday Rule United StatesNavyRegulations;Final 32 CFRPart700 Department oftheNavy Defense Department of Part III 56061 56062 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

DEPARTMENT OF DEFENSE Subpart BÐThe Department of the Navy 700.504 Statutory Authority and 700.201 Origin and authority of the Responsibility of the Headquarters, Department of the Navy Department of the Navy. Marine Corps. 700.202 Mission of the Department of the 700.505 Delegated authority and 32 CFR Part 700 Navy. responsibility. 700.203 Composition. Subpart FÐThe United States Coast Guard 700.204 The Principal Elements of the RIN 0703±AA55 (When Operating as a Service of the Navy) Department of the Navy. 700.601 Relationship and operation as a United States Navy Regulations Subpart CÐThe Secretary of the Navy service in the Navy. 700.602 The Commandant of the Coast The Secretary of the Navy AGENCY: Department of the Navy, DOD. Guard. 700.301 Responsibilities of the Secretary of 700.603 Duties and responsibilities. ACTION: Final rule. the Navy. 700.302 Responsibilities within the Subpart GÐCommanders in Chief and Other Commanders SUMMARY: The Department of the Navy Department of the Navy. is amending the Navy Regulations 700.303 Succession. Titles and Duties of Commanders incorporating new subparts and 700.304 Recommendations to Congress. 700.305 Assignment of functions. 700.701 Titles of Commanders. modifying some existing subparts. This 700.306 Assignment of duty and titles. 700.702 Responsibility and authority of revision will allow the published Navy 700.307 Powers with respect to the Coast commanders. Regulations to comport with the 1990 Guard. 700.703 To announce assumption of Navy Regulations currently in use. command. The Office of the Secretary of the Navy 700.704 Readiness. DATES: This rule is effective November 700.310 Composition. 700.705 Observance of international law. 15, 1999. 700.311 Sole responsibilities. 700.706 Keeping immediate superiors 700.312 Authority over organizational informed. FOR FURTHER INFORMATION CONTACT: matters. Staffs of Commanders LCDR James L. Roth, JAGC, USN, Office 700.320 The Civilian Executive Assistants. of the Judge Advocate General, 700.321 The Under Secretary of the Navy. 700.710 Organization of a staff. Washington Navy Yard, 1322 Patterson 700.322 Assistant Secretaries of the Navy; 700.711 Authority and responsibilities of Ave., SE., Suite 3000, Washington, DC statutory authorization. officers of a staff. 20374–5066, Attention: Code 13, (703) 700.323 The Assistant Secretary of the Navy Administration and Discipline 604–8228. (Financial Management). 700.324 The Assistant Secretary of the Navy 700.720 Administration and discipline: SUPPLEMENTARY INFORMATION: On 14 (Manpower and Reserve Affairs). Staff embarked. September 1990, the Secretary of the 700.325 The Assistant Secretary of the Navy 700.721 Administration and discipline: Staff based ashore. Navy (SECNAV) issued revised and (Installations and Environment). 700.326 The Assistant Secretary of the Navy 700.722 Administration and discipline: amended Navy Regulations (NAVREGS) Staff unassigned to an administrative in accordance with 10 U.S.C 6011. (Research, Development and Acquisition). command. These regulations superseded the 700.327 The General Counsel of the Navy. 700.723 Administration and discipline: NAVREGS amended in 1978. (See 45 FR Separate and detached command. The Office the Secretary of the Navy/The 80277, 4 December 1980). Since that Subpart HÐThe Commanding Officer time, no changes have been published to Staff Assistants reflect the current NAVREGS. In 700.330 The Staff Assistants. 700.801 Applicability. 700.331 The Judge Advocate General. 700.802 Responsibility. accordance with 5 U.S.C. § 552, the 700.804 Organization of Commands. Department of the Navy must publish 700.332 The Naval Inspector General. 700.333 The Chief of Naval Research. 700.809 Persons found under incriminating these regulations as amended. 700.334 The Chief of Information. circumstances. 700.810 Rules for visits. List of Subjects in 32 CFR Part 700 700.335 The Chief of Legislative Affairs. 700.336 The Director, Office of Program 700.811 Dealers, tradesmen, and agents. Armed Forces. Appraisal. 700.812 Postal matters. 700.337 The Auditor General. 700.815 Deaths. For the reasons set forth in the 700.816 The American National Red Cross. preamble, revise part 700 of title 32 of Subpart DÐThe Chief of Naval Operations 700.819 Records. the Code of Federal Regulations as 700.401 Precedence. 700.822 Delivery of personnel to civil follows: 700.402 Succession. authorities and service of subpoena or 700.403 Statutory authority and other process. Part 700ÐUnited States Navy responsibility of the Chief of Naval 700.826 Physical security. 700.827 Effectiveness for service. Regulations and Official Records Operations. 700.404 Statutory authority and 700.828 Search by foreign authorities. Subpart AÐNavy Regulations responsibility of the Office of the Chief 700.832 Environment pollution. of Naval Operations. 700.834 Care of ships, aircraft, vehicles and 700.101 Origin and history of United States 700.405 Delegated authority and their equipment. Navy Regulations. responsibility. 700.835 Work, facilities, supplies, or 700.102 Statutory authority for issuance of 700.406 Naval Vessel Register, services for other Government United States Navy Regulations. classification of naval craft, and status of departments, State or local governments, 700.103 Purpose and effect of United States ships and service craft. foreign governments, private parties and Navy Regulations. morale, welfare and recreational Subpart EÐThe Commandant of the Marine 700.104 Statutory authority for prescription activities. of other regulations. Corps 700.105 Issuance of directives by other 700.501 Precedence. Commanding Officers Afloat officers and officials. 700.502 Succession. 700.840 Unauthorized persons on board. 700.106 Control of administrative 700.503 Statutory authority and 700.841 Control of passengers. requirements. responsibility of the Commandant of the 700.842 Authority over passengers. 700.107 Maintenance of Navy Regulations. Marine Corps. 700.844 Marriages on board.

VerDate 12-OCT-99 17:57 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\15OCR2.XXX pfrm02 PsN: 15OCR2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56063

700.845 Maintenance of logs. Duties of Individuals her statutory functions, powers and 700.846 Status of logs. 700.1138 Responsibilities concerning duties. 700.847 Responsibility of a master of an in- marijuana, narcotics, and other service ship of the Military Sealift controlled substances. § 700.102 Statutory authority for issuance Command. 700.1139 Rules for preventing collisions, of United States Navy Regulations. 700.848 Relations with merchant seamen. afloat and in the air. 700.855 Status of boats. Title 10, United States Code, section 700.856 Pilotage. Rights and Restrictions 6011, provides that United States Navy 700.857 Safe navigation and regulations 700.1162 Alcoholic beverages. Regulations shall be issued by the governing operation of ships and aircraft. 700.1165 Fraternization prohibited. Secretary of the Navy. Regulations 700.859 Quarantine. 700.1166 Sexual harassment. issued under this authority are 700.860 Customs and immigration 700.1167 Supremacist activity. permanent regulations of general inspections. Authority: 10 U.S.C. 6011 applicability, as opposed to regulations Special Circumstances/Ships in Naval issued by the Secretary under § 700.104. Stations and Shipyards Subpart AÐNavy Regulations § 700.103 Purpose and effect of United 700.871 Responsibility for safety of ships § 700.101 Origin and history of United States Navy Regulations. and craft at a naval station or shipyard. States Navy Regulations. 700.872 Ships and craft in drydock. United States Navy Regulation is the 700.873 Inspection incident to (a) United States Navy Regulations principle regulatory document of the commissioning of ships. began with the enactment by the Department of the Navy, endowed with Continental Congress of the ‘‘Rules for the sanction of law, as to duty, Special Circumstances/Prospective the Regulation of the Navy of the United Commanding Officers responsibility, authority, distinctions Colonies’’ on November 28, 1775. The and relationships of various commands, 700.880 Duties of the prospective first issuance by the United States commanding officer of a ship. officials and individuals. Other Government which covered this subject directives issued within the Department Subpart IÐThe Senior Officer Present matter was ‘‘An Act for the Government of the Navy shall not conflict with, alter of the Navy of the United States,’’ Contents or amend any provision of Navy enacted on March 2, 1799. This was Regulations. 700.901 The senior officer present. followed the next year by ‘‘An Act for 700.902 Eligibility for command at sea. the Better Government of the Navy of § 700.104 Statutory authority for 700.903 Authority and responsibility. prescription of other regulations. 700.904 Authority of senior officer of the the United States.’’ Marine Corps present. (b) In the years preceding the Civil The Secretary of the Navy may 700.922 Shore patrol. War, twelve successor publications were prescribe regulations to carry out his or 700.923 Precautions for health. promulgated under a number of titles by her functions, powers and duties under 700.924 Medical or dental aid to persons the President, the Navy Department and Title 10, United States Code. not in the naval service. the Secretary of the Navy. A decision by 700.934 Exercise of power of consul. the Attorney General that the last of the § 700.105 Issuance of directives by other 700.939 Granting of asylum and temporary pre-Civil War issuances was invalid led officers and officials. refuge. to the inclusion in the 1862 naval Responsible officers and officials of Subpart JÐPrecedence, Authority and appropriations bill of a provision that the Department of the Navy may issue, Command ‘‘the orders, regulations, and or cause to be issued, directives Authority instructions heretofore issued by the concerning matters over which they Secretary of the Navy be, and they are exercise command, control or 700.1020 Exercise of authority. hereby, recognized as the regulations of 700.1026 Authority of an officer who supervision, which do not conflict with, succeeds to command. the Navy Department, subject, however, alter or amend these regulations. 700.1038 Authority of a sentry. to such alterations as the Secretary of the Navy may adopt, with the § 700.106 Control of administrative Detail to Duty approbation of the President of the requirements. 700.1052 Orders to active service. United States.’’ (a) Directives will be issued with due 700.1053 Commander of a task force. (c) Thirteen editions of Navy regard for the imposition of workload 700.1054 Command of a naval base. Regulations were published in resulting therefrom and benefits or 700.1055 Command of a naval shipyard. accordance with this authority (later 700.1056 Command of a ship. advantages to be gained. Issuance of 700.1057 Command of an air activity. codified as Section 1547, Revised new directives will be in accordance 700.1058 Command of a submarine. Statutes) between 1865 and 1948. The with the following: 1973 edition of Navy Regulations was 700.1059 Command of a staff corps activity. (1) Directives which implement or published under authority of 10 United amplify directives from higher authority Subpart KÐGeneral Regulations States Code (U.S.C.) 6011, which will not be issued unless absolutely Standards of Conduct provided that ‘‘United States Navy essential. 700.1101 Demand for court-martial. Regulations shall be issued by the 700.1113 Endorsement of commercial Secretary of the Navy with the approval (2) Administrative reporting product or process. of the President.’’ In 1981, this requirements will not be imposed 700.1120 Personal privacy and rights of provision was amended to eliminate the unless the expected value of the individuals regarding their personal requirement for presidential approval. information to be gained is significantly records. (d) While leaving this provision greater than the cumulative burden Official Records unaffected, Congress enacted the imposed. 700.1121 Disclosure, publication and Goldwater-Nichols Department of (b) Each officer or official issuing a security of official information. Defense Reorganization Act of 1986 directive or imposing a reporting 700.1126 Correction of naval records. (Pub. L. 99–443), which granted each of requirement will periodically, in 700.1127 Control of official records. the service secretaries the authority to accordance with instructions to be 700.1128 Official records in civil courts. prescribe regulations to carry out his or issued by appropriate authority, review

VerDate 12-OCT-99 17:57 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\15OCR2.XXX pfrm02 PsN: 15OCR2 56064 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations such directive or report with a view the conduct of naval affairs to the War be coordinated between the Army, the toward the following: Department. On 30 April 1798, the Air Force and the Navy. (1) Reduction of directives by Congress established a separate (c) The Marine Corps, within the cancellation or consolidation; or Department of the Navy with the Department of the Navy, shall be (2) Reduction of reporting Secretary of the Navy as its chief officer. organized, trained, and equipped to requirements by elimination of the On 11 July 1798, the United States provide fleet marine forces of combined report, reduction in the frequency of the Marine Corps was established as a arms, together with supporting air report, or combination with other separate service, and in 1834 was made components, for service with the fleet in reports. a part of the Department of the Navy. the seizure or defense of advanced naval (c) When issuance of a directive or a (b) The National Security Act of 1947, bases and for the conduct of such land tasking will result in imposition of as amended, is the fundamental law operations as may be essential to the additional administrative requirements governing the position of the prosecution of a naval campaign. In on commands not within the chain of Department of the Navy in the addition, the Marine Corps shall command or the issuing authority, the organization for national defense. In provide detachments and organizations first common superior of the commands 1949, the Act was amended to establish for service on armed vessels of the affected by the requirement must concur the Department of Defense as an Navy, shall provide security in the issuance. Executive Department, and to establish detachments for the protection of naval the Departments of the Army, Navy and property at naval stations and bases, and § 700.107 Maintenance of Navy Air Force (formerly established as shall perform such other duties as the Regulations. Executive Departments by the 1947 Act) President may direct. However, these (a) The Chief of Naval Operations is as military departments within the additional duties may not detract from responsible for maintaining Navy Department of Defense. or interfere with the operations for Regulations, and for ensuring that Navy (c) The Goldwater-Nichols which the Marine Corps is primarily Regulations conforms to the current Department of Defense Reorganization organized. needs of the Department of the Navy. Act of 1986 further defined the roles of (d) The Marine Corps shall develop, When any person in the Department of the military departments within the in coordination with the Army and the the Navy deems it advisable that Department of Defense. In addition to Air Force, those phases of amphibious additions, changes or deletions should establishing the office of Vice Chairman operations that pertain to the tactics, be made to Navy Regulations, he or she of the Joint Chiefs of Staff, and further technique and equipment used by shall forward a draft of the proposed emphasizing the operational chain of landing forces. addition, change or deletion, with a command, the Act provided detailed (e) The Marine Corps is responsible, statement of the reasons therefor, to the statements of the roles of the Secretary in accordance with integrated joint Chief of Naval Operations via the chain of the Navy, the Chief of Naval mobilization plans, for the expansion of of command. The Chief of Naval Operations, the Commandant of the peacetime components of the Marine Operations shall endeavor to obtain the Marine Corps, and their respective Corps to meet the needs of war. concurrence of the Commandant of the principal assistants. § 700.203 Composition. Marine Corps, the Judge Advocate (d) The responsibilities and authority (a) The Department of the Navy is General and appropriate offices and of the Department of the Navy are separately organized under the commands. Unresolved issues vested in the Secretary of the Navy, and Secretary of the Navy. It operates under concerning such additions, changes or are subject to reassignment and the authority, direction and control of deletions shall be forwarded to the delegation by the Secretary. The the Secretary of Defense. Secretary of the Navy for appropriate Secretary is bound by the provisions of (b) The Department of the Navy is action. Any additions, changes or law, the direction of the President and composed of the following: deletions to the U.S. Navy Regulations the Secretary of Defense and, along with (1) The Office of the Secretary of the must be approved by the Secretary of all persons in charge of Government Navy; the Navy. agencies, the regulations of certain non- (2) The Office of the Chief of Naval (b) Changes to Navy Regulations will defense agencies addressing their Operations; be numbered consecutively and issued respective areas of functional (3) The Headquarters, Marine Corps; as page changes. Advance changes may responsibility. (4) The entire operating forces, be used when required; these will be § 700.202 Mission of the Department of the including naval aviation, of the Navy numbered consecutively and Navy. and of the Marine Corps, and the reserve incorporated in page changes at frequent (a) The Navy, within the Department components of those operating forces; intervals. (5) All field activities, headquarters, of the Navy, shall be organized, trained, forces, bases, installations, activities and and equipped primarily for prompt and Subpart BÐThe Department of the functions under the control or sustained combat incident to operations Navy supervision of the Secretary of the Navy; at sea. It is responsible for the and § 700.201 Origin and authority of the preparation of naval forces necessary for Department of the Navy. (6) The Coast Guard when it is the effective prosecution of war except operating as a service in the Navy. (a) The naval affairs of the country as otherwise assigned, and, in began with the war for independence, accordance with integrated joint § 700.204 The principal elements of the the American Revolution. On 13 mobilization plans, for the expansion of Department of the Navy. October 1775, Congress passed the peacetime components of the Navy (a) The Department of the Navy legislation for ships. This, in effect, to meet the needs of war. consists of three elements; the Navy created the continental Navy. Two (b) The Navy shall develop aircraft, Department, the Operating Forces of the battalions of Marines were authorized weapons, tactics, technique, Navy and the Marine Corps, and the on 10 November 1775. Under the organization and equipment of naval Shore Establishment. Constitution, the First Congress on 7 combat and service elements. Matters of (b) The Navy Department refers to the August 1789 assigned responsibility for joint concern as to these functions shall central executive offices of the

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.006 pfrm02 PsN: 15OCR2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56065

Department of the Navy located at the (h) Such other activities as may be § 700.306 Assignment of duty and titles. seat of Government. The Navy prescribed by law or by the president or The Secretary of the Navy may: Department is organizationally Secretary of Defense. (a) Assign, detail and prescribe the comprised of the Office of the Secretary duties of members of the Navy and of the Navy, the Office of the Chief of § 700.302 Responsibilities within the Marine Corps and civilian personnel of Department of the Navy. Naval Operations, and the Headquarters, the Department of the Navy; and Marine Corps. In addition, the The Secretary is the head of the (b) Change the title of any officer or Headquarters, Coast Guard, is included Department of the Navy. The Secretary activity of the Department of the Navy when the Coast Guard is operating as a is responsible for, and has the authority not prescribed by law. service in the Navy. necessary to conduct, all affairs of the Department of the Navy, including the § 700.307 Powers with respect to the (c) The operating forces of the Navy Coast Guard. and the Marine Corps comprise the following functions: Whenever the Coast Guard operates as several fleets, seagoing forces, Fleet (a) Recruiting; a service in the Navy under Section 3 of Marine Forces, other assigned Marine (b) Organizing; Title 14, United States Code, the Corps Forces, the Military Sealift (c) Supplying; Secretary of the Navy has the same Command and other forces and (d) Equipping (including research and powers and duties with respect to the activities that may be assigned thereto development); Coast Guard as the Secretary of by the President or the Secretary of the (e) Training; Transportation has when the Coast Navy. (f) Servicing; Guard is not so operating. (d) The shore establishment is (g) Mobilizing; comprised of shore activities with (h) Demobilizing; The Office of the Secretary of the Navy defined missions approved for (i) Administering (including the establishment by the Secretary of the morale and welfare of personnel); § 700.310 Composition. Navy. (j) Maintaining; The function of the Office of the (k) The construction, outfitting and Secretary of the Navy is to assist the Subpart CÐThe Secretary of the Navy repair of military equipment; and Secretary in carrying out his or her (l) The construction, maintenance and responsibilities. The Office of the The Secretary of the Navy repair of buildings, and interests in real Secretary of the Navy is composed of § 700.301 Responsibilities of the Secretary property necessary to carry out the the following: of the Navy. responsibilities specified in this article. (a) The Civilian Executive Assistants: (1) The Under Secretary of the Navy; The Secretary of the Navy is § 700.303 Succession. (2) The Assistant Secretary of the responsible to the Secretary of Defense If the Secretary of the Navy dies, Navy (Financial Management); for: resigns, is removed from office, is absent (3) The Assistant Secretary of the (a) The functioning and efficiency of or is disabled, the person who is highest Navy (Manpower and Reserve Affairs); the Department of the Navy; on the following list, and who is not (4) The Assistant Secretary of the (b) The formulation of policies and absent or disabled, shall perform the Navy (Research, Development and programs by the Department of the Navy duties of the Secretary until the Acquisition); that are fully consistent with national President directs another person to (5) The Assistant Secretary of the security objectives and policies perform those duties or until the Navy (Installations and Environment); established by the President or the absence or disability ceases: and Secretary of Defense; (a) The Under Secretary of the Navy; (6) The General Counsel of the (c) The effective and timely (b) The Assistant Secretaries of the Department of the Navy. implementation of policy, program and Navy, in the order prescribed by the (b) The Staff Assistants: (1) The Judge Advocate General of the budget decisions and instructions of the Secretary of the Navy and approved by President or the Secretary of Defense Navy; the Secretary of Defense; (2) The Naval Inspector General; relating to the functions of the (c) The Chief of Naval Operations; Department of the Navy; (3) The Chief of Naval Research; (d) The Commandant of the Marine (4) The Chief of Information; (d) Carrying out the functions of the Corps. Department of the Navy so as to fulfill (5) The Chief of Legislative Affairs; (to the maximum extent practicable) the § 700.304 Recommendations to Congress. (6) The Auditor General of the Navy; (7) The Director, Office of Program current and future operational After first informing the Secretary of Appraisal; and requirement of the unified and specified Defense, the Secretary of the Navy may (8) Such other officers and officials as combatant commands; make such recommendations to may be established by law or as the (e) Effective cooperation and Congress relating to the Department of Secretary of the Navy may establish or coordination between the Department of Defense as he or she considers designate. the Navy and the other military appropriate. departments and agencies of the § 700.311 Sole responsibilities. Department of Defense to provide for § 700.305 Assignment of functions. (a) The Office of the Secretary of the more effective, efficient and economical The Secretary of the Navy may assign Navy shall have sole responsibility administration and eliminate such functions, powers, and duties as he within the Office of the Secretary of the duplication; or she considers appropriate to the Navy, the Office of the Chief of Naval (f) The presentation and justification Under Secretary of the Navy and to the Operations and the Headquarters, of the position of the Department of the Assistant Secretaries of the Navy. Marine Corps, for the following Navy on the plans, programs and Officers of the Navy and the Marine functions: policies of the Department of Defense; Corps shall, as directed by the Secretary, (1) Acquisition; (g) The effective supervision and report on any matter to the Secretary, (2) Auditing; control of the intelligence activities of the Under Secretary or any Assistant (3) Comptroller (including financial the Department of the Navy; and Secretary. management);

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.008 pfrm02 PsN: 15OCR2 56066 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

(4) Information management; designated under paragraph (b) of this the administration of the affairs of the (5) Inspector general; section: Department of the Navy. The Civilian (6) Legislative affairs; (i) To the Chief of Naval Operations Executive Assistants carry out their (7) Public affairs; and the Office of the Chief of Naval duties with the professional assistance (8) Research and development, except Operations: and of the Office of the Chief of Naval for military requirements and (ii) To the Commandant of the Marine Operations and Headquarters, Marine operational test and evaluation, which Corps and the Headquarters, Marine Corps, as presided over by the Chief of are the responsibilities of the Office of Corps; and Naval Operations and Commandant of the Chief of Naval Operations and the (2) Ensure that each such office or the Marine Corps, respectively. Headquarters Marine Corps. entity provides the Chief of Naval (c) The Civilian Executive Assistants (b) The following offices within the Operations and the Commandant of the are authorized and directed to act for Office of the Secretary of the Navy are Marine Corps such staff support as the the Secretary within their assigned areas designated to conduct the functions Chief of Naval Operations and the of responsibility. specified in paragraph (a) of this Commandant of the Marine Corps section. No office or other entity may be consider necessary to perform their § 700.321 The Under Secretary of the Navy. established or designated within the respective duties and responsibilities. Office of the Chief of Naval Operations (d) The vesting in the Office of the (a) The Under Secretary of the Navy or the Headquarters, Marine Corps, to Secretary of the Navy of the shall perform such duties and exercise conduct any of the functions specified responsibility for the conduct of a such powers as the Secretary of the in paragraph (a) of this section, except function specified in paragraph (a) of Navy shall prescribe. as noted in paragraph (a)(8) of this this section does not preclude other (b) The Under Secretary of the Navy section. elements of the Department of the Navy is designated as the deputy and (1) The Assistant Secretary of the (including the Office of the Chief of principal assistant to the Secretary of Navy (Research, Development and Naval Operations and the Headquarters, the Navy. The Under Secretary of the Acquisition) is the Acquisition Marine Corps) from providing advice or Navy acts with full authority of the Executive for the Department of the assistance to the Chief of Naval Secretary in the general management of Navy. The Assistant Secretary of the Operations and the Commandant of the the Department of the Navy and supervision of offices, organizations and Navy (Research, Development and Marine Corps, or otherwise participating functions as assigned by the Secretary. Acquisition) (ASN(RD&A)) is in that function within the executive responsible for research, development part of the Department under the § 700.322 Assistant Secretaries of the and acquisition, except for military direction of the office assigned Navy; statutory authorization. requirements and operational test and responsibility for that function in the There are four Assistant Secretaries of evaluation, which remain functions of Office of the Secretary of the Navy. the Navy. The Assistant Secretaries the Office of the Chief of Naval shall perform such duties and exercise Operations and Headquarters Marine § 700.312 Authority over organizational matters. such powers as the Secretary of the Corps. In addition to Acquisition Navy may prescribe in accordance with Executive, ASN(RD&A) is also the Navy Subject to the approval or guidance of law. Senior Procurement Executive and the Secretary of the Navy, the Civilian Senior Department of the Navy Executive Assistants, the Chief of Naval § 700.323 The Assistant Secretary of the Information Resource Management Operations, the Commandant of the Navy (Financial Management). Official. Responsibilities include Marine Corps and the Staff Assistants The Assistant Secretary of the Navy developing acquisition policy and are individually authorized to organize, (Financial Management) is the procedures for all Department of the assign and reassign responsibilities Comptroller of the Navy, and is Navy research, development, within their respective commands or responsible for all matters related to the production, shipbuilding and offices, including the establishment and financial management of the production/logistics support programs; disestablishment of such component Department of the Navy, including: and Department of the Navy organizations as may be necessary, (a) Budgeting; (b) Accounting; international technology transfer. subject to the following: (a) The authority to disestablish may (c) Disbursing; (2) The Auditor General is responsible (d) Financing; for the internal auditing function within not be exercised with respect to any organizational component of the (e) Internal review; the Department of the Navy. (f) Progress and statistical reporting; (3) The Assistant Secretary of the Department established by law. (b) The Secretary retains the authority and Navy (Financial Management) is (g) Supervision of offices and responsible for comptrollership, to approve the establishment and disestablishment of shore activities. organizations as assigned by the including financial management, within Secretary of the Navy. the Department of the Navy. The Office of the Secretary of the Navy/ (4) The Naval Inspector General is The Civilian Executive Assistants § 700.324 The Assistant Secretary of the responsible for the inspector general Navy (Manpower and Reserve Affairs). function within the Department of the § 700.320 The Civilian Executive The Assistant Secretary of the Navy Navy. Assistants. (Manpower and Reserve Affairs) is (5) The Chief of Legislative Affairs is (a) The Civilian Executive Assistants, responsible for: responsible for legislative affairs within as identified in § 700.310, are assigned (a) The overall supervision of the Department of the Navy. department-wide responsibilities manpower and reserve component (6) The Chief of Information is essential to the efficient administration affairs of the Department of the Navy, responsible for public affairs within the of the Department of the Navy. including policy and administration of Department of the Navy. (b) Each Civilian Executive Assistants, affairs related to military (active and (c) The Secretary shall: within his or her assigned area of inactive) and civilian personnel; and (1) Prescribe the relationship of each responsibility, is the principal civilian (b) Supervision of offices and office or other entity established or advisor and assistant to the Secretary on organizations as assigned by the

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.010 pfrm02 PsN: 15OCR2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56067

Secretary, specifically the Naval Council (2) Procurement of services, including (2) Exercises broad supervision, of Personnel Boards and the Board for the fiscal, budgetary and accounting general guidance and coordination for Correction of Naval Records. aspects, for the Navy and Marine Corps; all Department of the Navy inspection, (3) Litigation involving the issues evaluation and appraisal organizations § 700.325 The Assistant Secretary of the enumerated above; and to minimize duplication of efforts and Navy (Installations and Environment). (4) Other matters as directed by the the number of necessary inspections; The Assistant Secretary of the Navy Secretary of the Navy. (3) Through analysis of available (Installations and Environment) is (b) The General Counsel maintains a information, identifies areas of responsible for: close working relationship with the weakness in the Department of the Navy (a) Policy relating to Navy Judge Advocate General on all matters as they relate to matters of integrity and installations, facilities, environment, of common interest. efficiency and provides appropriate safety, shore resources management and recommendations for improvement. To quality improvement; The Office of the Secretary of the Navy/ accomplish these functions, the (b) Development, implementation and The Staff Assistants Inspector General shall have evaluation of military construction, § 700.330 The Staff Assistants. unrestricted access, by any means, to any information maintained by any facilities management and engineering, The Staff Assistants, as identified in naval activity deemed necessary, unless strategic homeporting, housing, utilities, § 700.310, assist the Secretary of the specifically restricted by the Secretary and base utilization issues; Navy, or one or more of the Civilian of the Navy; (c) Environmental policy, safety, Executive Assistants, in the (4) Receives allegations of occupational health, and Marine Corps administration of the Navy. They inefficiency, misconduct, impropriety, and Navy environmental affairs, supervise all functions and activities mismanagement or violations of law, including environmental protection, internal to their offices and assigned and investigates or refers such matters restoration, compliance and legislation, field activities, if any, and are for investigation, as is appropriate; and natural resource programs, hazardous responsible to the Secretary or to one of material/waste minimization, plastics (5) Serves as principal advisor to the the Civilian Executive Assistants for the Secretary of the Navy, the Chief of Naval reduction and control, afloat utilization of resources by, and the environmental issues, state and federal Operations and the Commandant of the operating efficiency of, all activities Marine Corps on all inspection and agency and environmental organization under their supervision or command. coordination, and the National investigation matters. Their duties are as provided by law or (b) In addition, the Naval Inspector Environmental Policy Act; and as assigned by the Secretary. (d) Advising on fiscal resources General has various functions, including related to shore appropriations. § 700.331 The Judge Advocate General. (but not limited to): (1) Providing of an alternative to the (a) The Judge Advocate General of the § 700.326 The Assistant Secretary of the normal chain of command channel for Navy commands the Office of the Judge Navy (Research, Development and receipt of complaints of personnel; Acquisition). Advocate General and is the Chief of the (2) Serving as the official to whom Judge Advocate General’s Corps. The The Assistant Secretary of the Navy employees may complain without fear Judge Advocate General: of reprisal; (Research, Development and (1) Provides or supervises the Acquisition) is responsible for: (3) Cooperating with the Inspector provision of all legal advice and related General, Department of Defense; (a) Research, development and services throughout the Department of acquisition, except for military (4) Providing oversight of intelligence the Navy, except for the advice and and special activities; requirements and operational test and services provided by the General evaluation; (5) Serving as the Department of the Counsel; Navy coordinator for fraud, waste and (b) Direct management of acquisition (2) Performs the functions required or efficiency matters; programs; authorized by law; (6) Serving as Navy Program Manager (c) All aspects of the acquisition (3) Provides legal and policy advice to and focal point for the Department of process within the Department of the the Secretary of the Navy on military the Navy and Navy Hotline programs; Navy; justice, administrative law, claims, and (d) All acquisition policy, including operational and international law, and (7) Designation as the centralized technology base and advanced litigation involving these issues; and organization within the Department of technology development, procurement, (4) Acts on other matters as directed Defense to monitor and ensure the competition, contracts and business by the Secretary. coordination of criminal, civil, management, logistics, product (b) The Judge Advocate General administrative and contractual remedies integrity, and education and training of maintains a close working relationship for all significant cases, including the acquisition workforce. with the General Counsel on all matters investigation of fraud or corruption of common interest. § 700.327 The General Counsel of the related to procurement activities affecting the Department of the Navy. Navy. § 700.332 The Naval Inspector General. (a) The General Counsel is head of the (a) Under the direction of the § 700.333 The Chief of Naval Research. Office of the General Counsel and is Secretary of the Navy, the Naval (a) The Chief of Naval Research shall responsible for providing legal advice, Inspector General: command the Office of the Chief of counsel, and guidance within the (1) Inspects, investigates or inquires Naval Research, the Office of Naval Department of the Navy on the into any and all matters of importance Research, the Office of Naval following matters: to the Department of the Navy with Technology and assigned shore (1) Business and commercial law, particular emphasis on readiness, activities. environmental law, civilian personnel including, but not limited to (b) The Office of Naval Research shall law, real and personal property law and effectiveness, efficiency, economy and perform such duties as the Secretary of patent law; integrity; the Navy prescribes relating to:

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.012 pfrm02 PsN: 15OCR2 56068 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

(1) The encouragement, promotion, members of committees of the United successor is appointed or the absence or planning, initiation and coordination of States Congress and their staffs which disability ceases. naval research; are necessary in the transaction of (b) If there is a vacancy in the position (2) The conduct of naval research in official Government business (except of Vice Chief of Naval Operations or the augmentation of and in conjunction appropriations matters) affecting the Vice Chief of Naval Operations is absent with the research and development Department of the Navy; and or disabled, unless the President directs conducted by other agencies and offices (b) Furnish staff support, advice and otherwise, the most senior officer of the of the Department of the Navy; and assistance to the Secretary of the Navy, Navy in the Office of the Chief of Naval (3) The supervision, administration the Chief of Naval Operations, the Operations who is not absent or and control of activities within or for Commandant of the Marine Corps and disabled and who is not restricted in the the Department of the Navy relating to all other principal civilian and military performance of duty shall perform the patents, inventions, trademarks, officials of the Department of the Navy duties of the Chief of Naval Operations copyrights and royalty payments, and concerning congressional aspects of the until a successor to the Chief of Naval matters connected therewith. Department of the Navy policies, plans Operations or the Vice Chief of Naval and programs (except appropriations Operations is appointed or until the § 700.334 The Chief of Information. matters). absence or disability of the Chief of (a) The Chief of Information is the Naval Operations or Vice Chief of Naval direct representative of the Secretary of § 700.336 The Director, Office of Program Operations ceases, whichever occurs the Navy in all public affairs and Appraisal. first. internal relations matters. The Chief of (a) The Director, Office of Program Information is authorized to implement Appraisal, directs, under the immediate § 700.403 Statutory authority and supervision of the Secretary of the Navy, responsibility of the Chief of Naval Navy public affairs and internal Operations. relations policies and to coordinate the Office of Program Appraisal. those Navy and Marine Corps activities (b) The Office of Program Appraisal (a) Except as otherwise prescribed by law, and subject to the statutory of mutual interest. will assist the Secretary in assuring that (b) The Chief of Naval Operations and existing and proposed Navy and Marine authority of the Secretary of the Navy to the Commandant of the Marine Corps Corps programs provide the optimum assign functions, powers and duties, the are delegated responsibilities for: means of achieving the objectives of the Chief of Naval Operations performs (1) Conduct of their respective Department of the Navy. duties under the authority, direction services’ internal information programs; and control of the Secretary of the Navy § 700.337 The Auditor General. (2) Conduct of their respective and is directly responsible to the services’ community relations programs; (a) The Auditor General of the Navy Secretary. (b) Subject to the authority, direction and is responsible for: and control of the Secretary of the Navy, (3) Implementing the Secretary of the (1) Serving as Director of the Naval the Chief of Naval Operations shall: Navy’s public affairs policy and Audit Service; and (2) Developing and implementing (1) Preside over the Office of the Chief directives. of Naval Operations; (c) The Chief of Information will Navy internal audit policies, programs and procedures within the framework of (2) Transmit the plans and report to the Chief of Naval Operations recommendations of the Office of the for support of the responsibilities Government auditing standards. (b) The Auditor General can provide Chief of Naval Operations to the outlined in paragraph (b) of this section, information and may provide assistance Secretary and advise the Secretary with and will provide such staff support as and support to the Chief of Naval regard to such plans and the Chief of Naval Operations considers Operations and the Commandant of the recommendations; necessary to perform those duties and Marine Corps to enable them to (3) After approval of the plans or responsibilities. discharge their duties and recommendations of the Office of the (d) The Deputy Chief of Information responsibilities. Chief of Naval Operations by the for Marine Corps Matters may report Secretary, act as the agent of the directly to the Secretary regarding Subpart DÐThe Chief of Naval Secretary in carrying them into effect; public information matters related Operations (4) Exercise supervision, consistent solely to the Marine Corps. The Deputy with the statutory authority assigned to Chief will promptly inform the Chief of § 700.401 Precedence. commanders of unified or specified Information regarding the substance of The Chief of Naval Operations, while combatant commands, over such of the all independent contacts with the so serving, has the grade of admiral. In members and organizations of the Navy Secretary pertaining to Marine Corps the performance of duties within the and the Marine Corps as the Secretary matters. The Deputy Chief of Department of the Navy, the Chief of determines; Information for Marine Corps Matters Naval Operations takes precedence (5) Perform the duties prescribed for will report to the Commandant of the above all other officers of the naval a member of the Armed Forces Policy Marine Corps for support of the service, except an officer of the naval Council and other statutory duties; and responsibilities outlined in paragraph service who is serving as Chairman or (6) Perform such other military duties, (b) of this section, and will provide such Vice Chairman of the Joint Chiefs of not otherwise assigned by law, as are staff support as the Commandant Staff. assigned to the Chief of Naval considers necessary to perform those Operations by the President, the duties and responsibilities. § 700.402 Succession. Secretary of Defense or the Secretary of When there is a vacancy in the the Navy. § 700.335 The Chief of Legislative Affairs. position of Chief of Naval Operations, or (c) The Chief of Naval Operations The mission of the Chief of Legislative during the absence or disability of the shall also perform the statutory duties Affairs is to: Chief of Naval Operations: prescribed for a member of the Joint (a) Plan, develop and coordinate (a) The Vice Chief of Naval Chiefs of Staff. relationships between representatives of Operations shall perform the duties of (1) To the extent that such action does the Department of the Navy and the Chief of Naval Operations until a not impair the independence of the

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.014 pfrm02 PsN: 15OCR2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56069

Chief of Naval Operations in the (b)(1) Internal to the administration of long range objectives, immediate performance of duties as a member of the Department of the Navy, the Chief requirements, and fiscal limitations; and the Joint Chiefs of Staff, the Chief of of Naval Operations, consistent with the to provide assistance to the Assistant Naval Operations shall inform the statutory authority assigned to Secretary of the Navy (Research, Secretary of the Navy regarding military commanders of unified or specified Development and Acquisition) in the advice rendered by members of the Joint combatant commands, under the review and appraisal of the overall Navy Chiefs of Staff on matters affecting the direction of the Secretary of the Navy, program to ensure fulfillment of stated Department of the Navy. shall command: requirements; (2) Subject to the authority, direction (i) The operating forces of the Navy; (8) To formulate Navy strategic plans and control of the Secretary of Defense, and and policies and participate in the the Chief of Naval Operations shall keep (ii) Such shore activities as may be formulation of Joint and combined the Secretary of the Navy fully informed assigned by the Secretary. strategic plans and policies and related of significant military operations (2) The Chief of Naval Operations command relationships; and affecting the duties and responsibilities shall be responsible to the Secretary of (9) Subject to guidance from the of the Secretary of the Navy. the Navy for the Utilization of resources Assistant Secretary of the Navy by, and the operating efficiency of, the (Financial Management), to formulate § 700.404 Statutory authority and Office of the Chief of Naval Operations, responsibility of the Office of the Chief of budget proposals for the Office of the Naval Operations. the Operating Forces of the Navy and Chief of Naval Operations, the assigned shore activities. Operating Forces of the Navy and (a) The Office of the Chief of Naval (c) In addition, the Chief of Naval Operations shall furnish professional assigned shore activities, and other Operations has the following specific activities and programs as assigned. assistance to the Secretary, the Under responsibilities: Secretary and the Assistant Secretaries (d) The Chief of Naval Operations, (1) To organize, train, equip, prepare under the direction of the Secretary of of the Navy, and to the Chief of Naval and maintain the readiness of Navy Operations. Under the authority, the Navy, shall exercise overall forces, including those for assignment to authority throughout the Department of direction and control of the Secretary of unified or specified commands, for the the Navy, the Office of the Chief of the Navy in matters related to: performance of military missions as (1) The effectiveness of the support of Naval Operations shall: directed by the President, the Secretary (1) Subject to § 700.311(a), prepare for the Operating Forces of the Navy and of Defense or the Chairman of the Joint such employment of the Navy, and for assigned shore activities; Chiefs of Staff; such recruiting, organizing, supplying, (2) The coordination and direction of (2) To determine current and future equipping (including those aspects of assigned Navy wide programs and requirements of the Navy (less Fleet research and development assigned by functions, including those assigned by Marine Forces and other assigned the Secretary of the Navy), training, higher authority; Marine Corps forces) for manpower, servicing, mobilizing, demobilizing, (3) Matters essential to naval military material, weapons, facilities and administering, and maintaining of the administration, such as: services, including the determination of Navy, as will assist in the execution of (i) Security; quantities, military performance any power, duty or function of the (ii) Intelligence; requirements and times, places and Secretary or the Chief of Naval (iii) Discipline; priorities of need; Operations; (iv) Communications; and (2) Investigate and report upon the (3) To exercise leadership in (v) Matters related to the customs and efficiency of the Navy and its maintaining a high degree of traditions of the naval service; preparation to support military competence among Navy officer, (4) Except for those areas wherein operations by combatant commands; enlisted and civilian personnel in such responsibility rests with the (3) Prepare detailed instructions for necessary fields of specialization, Commandant of the Marine Corps, the the execution of approved plans and through education training and equal coordination of activities of the supervise the execution of those plans opportunities for personal advancement, Department of the Navy in matters and instructions; and maintaining the morale and concerning effectiveness, efficiency and (4) As directed by the Secretary or the motivation of Navy personnel and the economy. Chief of Naval Operations, coordinate prestige of a Navy career; § 700.406 Naval Vessel Register, the action of organizations of the Navy; (4) To plan and provide health care for personnel of the naval service, their classification of naval craft, and status of and ships and service craft. (5) Perform such other duties, not dependents and eligible beneficiaries; otherwise assigned by law, as may be (5) To direct the organization, (a) The Chief of Naval Operations prescribed by the Secretary. administration, training and support of shall be responsible for the Naval Vessel (b) Except as otherwise specifically the Naval Reserve; Register (except the Secretary of the prescribed by law, the Office of the (6) To inspect and investigate Navy shall strike vessels from the Chief of Naval Operations shall be components of the Department of the Register) and the assignment of organized in such manner, and its Navy to determine and maintain classification for administrative members shall perform such duties and efficiency, discipline, readiness, purposes to water borne craft and the have such titles as the Secretary may effectiveness and economy, except in designation of status for each ship and prescribe. those areas where such responsibility service craft. rests with the Commandant of the (b) Commissioned vessels and craft § 700.405 Delegated authority and Marine Corps; shall be called ‘‘United States Ship’’ or responsibility. (7) To determine the requirements of ‘‘U.S.S.’’ (a) The Chief of Naval Operations is naval forces and activities, to include (c) Civilian manned ships, of the the principal naval advisor and naval requirements for research, development, Military Sealift Command or other executive to the Secretary of the Navy test, and evaluation to plan and provide commands, designated ‘‘active status, in on the conduct of the naval activities of for the conduct of test and evaluation service’’ shall be called ‘‘United States the Department of the Navy. which are adequate and responsive to Naval Ship’’ or ‘‘U.S.N.S.’’

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.016 pfrm02 PsN: 15OCR2 56070 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

(d) Ships and service craft designated assign functions, powers and duties, the and to the Commandant of the Marine ‘‘active status, in service,’’ except those Commandant of the Marine Corps Corps. described by paragraph (c) of this performs duties under the authority, (1) Under the authority, direction and section, shall be referred to by name, direction and control of the Secretary of control of the Secretary of the Navy, the when assigned, classification, and hull the Navy and is directly responsible to Headquarters, Marine Corps shall: number (e.g., ‘‘HIGHPOINT PCH–1’’ or the Secretary. (i) Subject to § 700.311(a), prepare for ‘‘YOGN–8’’). (b) Subject to the authority, direction such employment of the Marine Corps, (e) The Chief of Naval Operations and control of the Secretary of the Navy, and for such recruiting, organizing, shall designate hospital ships and the Commandant of the Marine Corps supplying, equipping (including those medical aircraft as he or she deems shall: aspects of research and development necessary. Such designation shall be in (1) Preside over the Headquarters, assigned by the Secretary of the Navy), compliance with the Geneva Marine Corps; training, servicing, mobilizing, Convention for the Amelioration of the (2) Transmit the plans and demobilizing, administering, and Conditions of Wounded, Sick and Ship recommendations of the Headquarters, maintaining of the Marine Corps, as will wrecked Members of the Armed Forces Marine Corps, to the Secretary and assist in the execution of any power, at Sea of 12 August 1949. The Chief of advise the Secretary with regard to such duty or function of the Secretary or the Naval Operations shall ensure plans and recommendations; Commandant; compliance with the notice shall ensure (3) After approval of the plans or (ii) Investigate and report upon the compliance with the notice provisions recommendations of the Headquarters, efficiency of the Marine Corps and its of that Convention. Marine Corps, by the Secretary, act as preparation to support military the agent of the Secretary in carrying operations by combatant commands; Subpart EÐThe Commandant of the them into effect; (iii) Prepare detailed instructions for Marine Corps (4) Exercise supervision, consistent the execution of approved plans and § 700.501 Precedence. with the statutory authority assigned to supervise the execution of those plans The Commandant of the Marine commanders of unified or specified and instructions; Corps, while so serving, has the grade of combatant commands, over such of the (iv) As directed by the Secretary or general. In the performance of duties members and organizations of the Navy the Commandant, coordinate the action within the Department of the Navy, the and the Marine Corps as the Secretary of organizations of the Marine Corps; Commandant of the Marine Corps takes determines; and precedence above all other officers of (5) Perform the duties prescribed for (v) Perform such other duties, not the Marine Corps, except an officer of a member of the Armed Forces Policy otherwise assigned by law, as may be the Marine Corps who is serving as Council and other statutory duties; and prescribed by the Secretary. Chairman or Vice Chairman of the Joint (6) Perform such other military duties, (2) [Reserved] (b) Except as otherwise specifically Chiefs of Staff. not otherwise assigned by law, as are assigned to the Commandant of the prescribed by law, the Headquarters, § 700.502 Succession. Marine Corps by the President, the Marine Corps, shall be organized in When there is a vacancy in the office Secretary of Defense or the Secretary of such manner, and its members shall of Commandant of the Marine Corps, or the Navy. perform such duties and have such during the absence or disability of the (c) The Commandant of the Marine titles, as the Secretary may prescribe. Commandant: Corps shall also perform the statutory duties prescribed for a member of the § 700.505 Delegated authority and (a) The Assistant Commandant of the responsibility. Marine Corps shall perform the duties of Joint Chiefs of Staff. the Commandant until a successor is (1) To the extent that such action does (a)(1) Internal to the administration of appointed or the absence or disability not impair the independence of the the Department of the Navy, the ceases; or Commandant of the Marine Corps in the Commandant of the Marine Corps, (b) If there is a vacancy in the office performance of duties as a member of consistent with the statutory authority of the Assistant Commandant of the the Joint Chiefs of Staff, the assigned to commanders of unified or Marine Corps or the Assistant Commandant of the Marine Corps shall specified combatant commands, under Commandant is absent or disabled, inform the Secretary of the Navy the direction of the Secretary of the unless the President directs otherwise, regarding military advice rendered by Navy, shall command: the most senior officer of the Marine members of the Joint Chiefs of Staff on (i) The operating forces of the Marine Corps in the Headquarters, Marine matters affecting the Department of the Corps; and Corps, who is not absent or disabled and Navy. (ii) Such shore activities as may be who is not restricted in the performance (2) Subject to the authority, direction assigned by the Secretary. of duty shall perform the duties of the and control of the Secretary of Defense, (2) The Commandant shall be Commandant until a successor to the the Commandant of the Marine Corps responsible to the Secretary of the Navy Commandant or the Assistant shall keep the Secretary of the Navy for the utilization of resources by, and Commandant is appointed or until the fully informed of significant military the operating efficiency of, all absence or disability of the operations affecting the duties and commands and activities under such Commandant or the Assistant responsibilities of the Secretary of the command. (b) In addition, the Commandant has Commandant ceases, whichever occurs Navy. the following specific responsibilities: first. § 700.504 Statutory authority and (1) To plan for and determine the § 700.503 Statutory authority and responsibility of the Headquarters, Marine needs of the Marine Corps for responsibility of the Commandant of the Corps. equipment, weapons or weapons Marine Corps. (a) The Headquarters, Marine Corps, systems, materials, supplies, facilities, (a) Except as otherwise prescribed by shall furnish professional assistance to maintenance, and supporting services. law and subject to the statutory the Secretary, the Under Secretary and This responsibility includes the authority of the Secretary of the Navy to the Assistant Secretaries of the Navy, determination of Marine Corps

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.018 pfrm02 PsN: 15OCR2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56071 characteristics of equipment and and other insignia of honor on the same applies to those matters not specifically material to be procured or developed, basis as personnel in the naval service delegated by law to some other and the training required to prepare or serving in any capacity with the executive department; Marine Corps personnel for combat. It Navy; and (i) Develop, establish, maintain and also includes the operation of the (3) To the extent practicable, Coast operate, with due regard to the Marine Corps Material Support System. Guard personnel, ships, aircraft and requirements of national defense, aids to (2) Subject to guidance from the facilities will be utilized as organized maritime navigation, ice breaking Assistant Secretary of the Navy Coast Guard units. facilities, for the promotion of safety on, (Financial Management), to formulate under and over the high seas and waters budget proposals for the Headquarters, § 700.602 The Commandant of the Coast subject to the jurisdiction of the United Guard. Marine Corps, the Operating Forces of States; the Marine Corps, and other activities (a) The Commandant of the Coast (j) Engage in oceanographic surveys in and programs as assigned. Guard is the senior officer of the United conjunction with the Office of the (3) To develop, in coordination with States Coast Guard. Oceanographer of the Navy; and other military services, the doctrines, (b) When reporting to the Secretary of (k) Continue in effect under the tactics and equipment employed by the Navy, the Commandant will report Secretary of the Navy those other landing forces in amphibious to the Chief of Naval Operations. functions, powers and duties vested in operations. (c) The Chief of Naval Operations the Commandant by appropriate orders (4) To formulate Marine Corps shall represent the Coast Guard before and regulations of the Secretary of strategic plans and policies and the Joint Chiefs of Staff. Transportation on the day prior to the effective date of transfer of the Coast participate in the formulation of joint § 700.603 Duties and responsibilities. and combined strategic plans and Guard to the Department of the Navy In exercising command over the Coast policies and related command until specifically modified or Guard while operating as a service of relationships. terminated by the Secretary of the Navy. the Navy, the Commandant shall: (5) To plan for and determine the (a) Organize, train, prepare and present and future needs, both Subpart GÐCommanders In Chief and maintain the readiness of the Coast quantitative and qualitative, for Other Commanders Guard to function as a specialized manpower, including reserve personnel service in the Navy for the performance Titles and Duties of Commanders and civilian personnel, of the United of national defense missions, as States Marine Corps. This includes § 700.701 Titles of Commanders. directed; responsibility for leadership in (a) The commander of a principal (b) Plan for and determine the present maintaining a high degree of organization of the operating forces of and future needs of the Coast Guard, competence among Marine Corps officer the Navy, as determined by the chief of both quantitative and qualitative, for and enlisted personnel and Marine Naval Operations, or the officer who has personnel, including reserve personnel; Corps civilian personnel in necessary succeeded to such command as (c) Budget for the Coast Guard, except fields of specialization through provided elsewhere in these regulations, as may be otherwise directed by the education, training and equal shall have the title ‘‘Commander in Secretary of the Navy; Chief.’’ The name of the organization opportunities for personal advancement; (d) Plan for and determine the support under the command of such an officer and for leadership in maintaining the needs of the Coast Guard for equipment, shall be added to form his or her official morale and motivation of Marine Corps materials, weapons or combat systems, title. personnel and the prestige of a career in supplies, facilities, maintenance and the Marine Corps. (b) The commander of each other supporting services; organization of units of the operating Subpart FÐThe United States Coast (e) Exercise essential military forces of the Navy or marine corps, or Guard (When Operating as a Service in administration of the Coast Guard. This organization of units of shore activities, the Navy) includes, but is not limited to, such shall have the title ‘‘Commander,’’ matters as discipline, communications, ‘‘Commandant,’’ ‘‘Commanding § 700.601 Relationship and operation as a personnel records and accounting, service in the Navy. General’’ or other appropriate title. The conforming, as practicable, to Navy name of the organization under the (a) Upon the declaration of war or procedures; command of such an officer shall be when the President directs, the Coast (f) In conjunction with the Director of added to form his or her official title. Guard shall operate as a service in the Naval Intelligence, and the National Navy, and shall be subject to the orders Intelligence Community, where § 700.702 Responsibility and authority of of the Secretary of the Navy. While so appropriate, establish and maintain an commanders. operating as a service in the Navy, and intelligence and security capability to (a) Commanders shall be responsible to the extent practicable, Coast Guard provide support for the maritime for the satisfactory accomplishment of operations shall be integrated and defense zones, port security, narcotics the mission and duties assigned to their uniform with Navy operation. interdiction, anti-terrorist activity, commands. Their authority shall be (b) Whenever the Coast Guard fishery activity, pollution monitoring commensurate with their operates as a service in the Navy: and other Coast Guard missions; responsibilities. Normally, commanders (1) Applicable appropriations of the (g) Enforce or assist in enforcing shall exercise authority through their Coast Guard to cover expenses shall be Federal laws on and under the high seas immediate subordinate commanders, available for transfer to the Department and waters subject to the jurisdiction of but they may communicate directly of the Navy and supplemented, as the United States; with any of their subordinates. required, from applicable (h) Administer, promulgate and (b) Commanders shall ensure that appropriations of the Department of the enforce regulations for the promotion of subordinate commands are fully aware Navy; safety of life and property on and under of the importance of strong, dynamic (2) Personnel of the Coast Guard shall the high seas and waters subject to the leadership and its relationship to the be eligible to receive gratuities, medals jurisdiction of the United States. This overall efficiency and readiness of naval

VerDate 12-OCT-99 17:57 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\15OCR2.XXX pfrm02 PsN: 15OCR2 56072 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations forces. Commanders shall exercise (f) Develop, in accordance with (d) The staff of a flag or general officer positive leadership and actively develop directives issued by higher authority, may include one or more personal aides. the highest qualities of leadership in training strategies and plans for their persons with positions of authority and commands. § 700.711 Authority and responsibilities of officers of a staff. responsibility throughout their commands. § 700.705 Observance of international law. (a) The chief of staff and aide or chief (c) Subject to orders of higher At all times, commanders shall staff officer, under the commander, shall authority, and subject to the provisions observe, and require their commands to be responsible for supervising and of § 700.106 of these regulations, observe, the principles of international coordinating the work of the staff and commanders shall issue such law. Where necessary to fulfill this shall be kept informed of all matters regulations and instructions as may be responsibility, a departure from other pertaining to that work. All persons necessary for the proper administration provisions of Navy Regulations is attached to the staff, except a vice of their commands. authorized. commander or deputy responsible (d) Commanders shall hold the same directly to the commander shall be § 700.706 Keeping immediate superiors subordinate to the chief of staff and aide relationship to their flagships, or to informed. shore activities of the command in or chief staff officer while he or she is Commanders shall keep their which their headquarters may be executing the duties of that office. immediate superiors appropriately located, in regard to internal (b) The officers of a staff shall be informed of: administration and discipline, as to any responsible for the performance of those (a) The organization of their duties assigned to them by the other ship or shore activity of their commands, the prospective and actual commands. commander and shall advise the movements of the units of their commander on all matters pertaining § 700.703 To announce assumption of commands, and the location of their thereto. In the performance of their staff command. headquarters; duties they shall have no command (a) Upon assuming command, (b) Plans for employment of their authority of their own. In carrying out commanders shall so advise appropriate forces; such duties, they shall act for, and in superiors, and the units of their (c) The condition of their commands the name of, the commander. commands. and of any required action pertaining (b) When appropriate, commanders thereto which is beyond their capacity Administration and Discipline shall also advise the following officers or authority; (d) Intelligence information which § 700.720 Administration and discipline: and officials located within the area Staff embarked. may be of value; encompassed by the command In matters of general discipline, the concerning their assumption of (e) Any battle, engagement or other significant action involving units of staff of a commander embarked and all command. enlisted persons serving with the staff (1) Senior commanders of other their commands; (f) Any important service or duty shall be subject to the internal United States armed services; performed by persons or units of their regulations and routine of the ship. (2) Officials of other federal agencies; They shall be assigned regular stations and commands; and (g) Unexecuted orders and matters of for battle and emergencies. Enlisted (3) Officials of foreign governments. interest upon being relieved of persons serving with the staff shall be § 700.704 Readiness. command. assigned to the ship for administration and discipline, except in the case of a Commanders shall take all practicable Staffs of Commanders steps to maintain their commands in a staff embarked for passage only, and state of readiness to perform their § 700.710 Organization of a staff. provided in that case that an missions. In conformity with the orders (a) The term ‘‘staff’’ means those organization exists and is authorized to and policies of higher authority, they officers and other designated persons act for such purposes. shall: assigned to a commander to assist him § 700.721 Administration and discipline: (a) Organize the forces and resources or her in the administration and Staff based ashore. under their command and assign duties operation of his or her command. When a staff is based ashore, the to their principal subordinate (b) The officer detailed as chief of staff enlisted persons serving with the staff commanders; and aide to a fleet admiral or admiral shall, when practicable, be assigned to (b) Prepare plans for the employment normally shall be a vice admiral or a an appropriated activity for purposes of of their forces to meet existing and rear admiral. The officer detailed as administration and discipline. The staff foreseeable situations; chief of staff and aide to a vice admiral officers may be similarly assigned. (c) Collaborate with the commanders or rear admiral shall normally be a rear Members of a staff assigned for any of other United States armed services admiral or a captain. The detailing of a purpose to a command or activity shall and with appropriate officials of other vice commander or a deputy to a conform in matters of general discipline federal agencies and foreign commander shall be reserved for to the internal regulations and routine of governments located within the area selected commanders. An officer that command or activity. encompassed by their commands; detailed as chief staff officer to another (d) Maintain effective intelligence and officer shall normally not be of the same § 700.722 Administration and discipline: keep themselves informed of the grade as that officer. Staff unassigned to an administrative political and military aspects of the (c) The staff shall be organized into command. national and international situation; such divisions as may be prescribed by (a) When it is not practicable to assign (e) Make, or cause to be made, the commander concerned or by higher enlisted persons serving with the staff of necessary inspections to ensure the authority. These divisions shall conform a commander to an established activity readiness, effectiveness and efficiency in nature and designation, as practicable for administration and discipline, the of the components of their commands; and as appropriate, to those of the staffs commander may designate an officer of and of superiors. the staff to act as the commanding

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.022 pfrm02 PsN: 15OCR2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56073 officer of such persons and shall notify which is not in accordance with such the consent of the proper foreign the Judge Advocate General and the orders or instructions, does so upon his authorities, except where the Commandant of the Marine Corps, or or her own responsibility and shall investigation shows that he entered the the Chief of Naval Personnel, as report immediately the circumstances to command from territory of the foreign appropriate, of such action. the officer from whom the prior orders state, or that he is a citizen or subject (b) If the designating commander or instructions were received. Of of that state. desires the commanding officer of staff particular importance is the (c) If the investigation indicates that enlisted personnel to possess authority commanding officer’s duty to take all such person has committed or to convene courts-martial, the necessary and appropriate action in self- attempted to commit an offense commander should request the Judge defense of the command. punishable under the authority of the Advocate General to obtain such (c) The commanding officer shall be commanding officer, the latter shall take authorization from the Secretary of the responsible for economy within his or such action as he deems necessary. Navy. her command. To this end the (d) If the investigation indicates that commanding officer shall require from such a person is a fugitive from justice, § 700.723 Administration and discipline: or has committed or attempted to Separate and detached command his or her subordinates a rigid compliance with the regulations commit an offense which requires Any flag or general officer in governing the receipt, accounting, and actions beyond the authority of the command, any officer authorized to expenditure of public money and commanding officer, the latter shall, at convene general courts-martial, or the materials, and the implementation of the first opportunity, deliver such senior officer present may designate improved management techniques and person, together with a statement of the organizations which are separate or procedures. circumstances, to the proper civil detached commands. Such officer shall (d) The commanding officer and his authorities. state in writing that it is a separate or or her subordinates shall exercise (e) In all cases under paragraph (d) of detached command and shall inform the leadership through personal example, this section, a report shall be made Judge Advocate General of the action moral responsibility, and judicious promptly to the Chief of Naval taken. If authority to convene courts- attention to the welfare of persons under Operations or the Commandant of the martial is desired for the commanding their control or supervision. Such Marine Corps, as appropriate. officer or officer in charge of such leadership shall be exercised in order to § 700.810 Rules for visits. separate or detached command, the achieve a positive, dominant influence officer designating the organization as (a) Commanding officers are on the performance of persons in the responsible for the control of visitors to separate or detached shall request the Department of the Navy. Judge Advocate general to obtain their commands and shall comply with authorization from the Secretary of the § 700.804 Organization of commands. the relevant provisions of Department of the Navy concerning classified Navy. All commands and other activities of information and physical security. the Department of the Navy shall be Subpart HÐThe Commanding Officer (b) Commanding officers shall take organized and administered in such measures and impose such Commanding Officers in General accordance with law, United States restrictions on visitors as are necessary Navy Regulations, and the orders of § 700.801 Applicability. to safeguard the classified material competent authority. All orders and under their jurisdiction. Arrangements In addition to commanding officers, instructions of the commanding officer for general visiting shall always be made the provisions of this chapter shall shall be in accordance therewith. with due regard for physical security apply, where pertinent, to aircraft § 700.809 Persons found under and based on the assumption that commanders, officers in charge foreign agents will be among the (including warrant officers and petty incriminating circumstances. (a) The commanding officer shall keep visitors. officers when so detailed) and those (c) Commanding officers and others persons standing the command duty. under restraint or surveillance, as necessary, any person not in the armed officially concerned shall exercise § 700.802 Responsibility. services of the United States who is reasonable care to safeguard the persons (a) The responsibility of the found under incriminating or irregular and property of visitors to naval commanding officer for his or her circumstances within the command, activities as well as taking those command is absolute, except when, and and shall immediately initiate an necessary precautions to safeguard the persons and property within the to the extent, relieved therefrom by investigation. competent authority, or as provided (b) Should an investigation indicate command. otherwise in these regulations. The that such person is not a fugitive from § 700.811 Dealers, tradesmen, and agents. authority of the commanding officer is justice or has not committed or (a) In general, dealers or tradesmen or commensurate with his or her attempted to commit an offense, he shall their agents shall not be admitted within responsibility. While the commanding be released at the earliest opportunity, a command, except as authorized by the officer may, at his or her discretion, and except: commanding officer: when not contrary to law or regulations, (1) If not a citizen of the United (1) To conduct public business; delegate authority to subordinates for States, and the place of release is under (2) To transact specific private the execution of details, such delegation the jurisdiction of the United States, the business with individuals at the request of authority shall in no way relieve the nearest federal immigration authorities of the latter; or commanding officer of his or her shall be notified as to the time and place (3) To furnish services and supplies continued responsibility for the safety, of release sufficiently in advance to which are necessary and are not well-being, and efficiency of the entire permit them to take such steps as they otherwise, or are insufficiently, command. deem appropriate. available to the personnel of the (b) A commanding officer who (2) Such persons shall not be released command. departs from his or her orders or in territory not under the jurisdiction of (b) Personal commercial solicitation instructions, or takes official action the United States without first obtaining and the conduct of commercial

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.024 pfrm02 PsN: 15OCR2 56074 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations transactions are governed by policies of § 700.819 Records. (b) Except as may be provided by the Department of Defense. The commanding officer shall require international agreement, the commanding officer of a shore activity § 700.812 Postal matters. that records relative to personnel, material and operations, as required by shall not permit his or her command to Commanding officers shall ensure current instructions, are maintained be searched by any person representing that mail and postal funds are properly by those responsible therefor. a foreign state, nor permit any of the administered in accordance with personnel within the confines of his or instructions issued by the Postmaster § 700.822 Delivery of personnel to civil her command to be removed from the General and approved for the naval authorities and service of subpoena or command by such person, so long as he service by the Chief of Naval other process. or she has the power to resist. Operations, and instructions issued by (a) Commanding officers or other the Chief of Naval Operations, the Chief persons in authority shall not deliver § 700.832 Environmental pollution. of Naval Personnel, or the Commandant any person in the naval service to civil The commanding officer shall of the Marine Corps, as appropriate; and authorities except as provided by the cooperate with Federal, state and local that postal clerks or other persons Manual of the Judge Advocate General. governmental authorities in the authorized to handle mail perform their (b) Commanding officers are prevention, control and abatement of duties strictly in accordance with those authorized to permit the service of environmental pollution. If the instructions. subpoenas or other process as provided requirements of any environmental law cannot be achieved because of § 700.815 Deaths. by the Manual of the Judge Advocate General. operational considerations, insufficient The commanding officer, in the event resources or other reason, the of the death of any person within his or § 700.826 Physical security. commanding officer shall report to the her command, shall ensure that the (a) The commanding officer shall take immediate superior in the chain of cause of death and the circumstances appropriate action to safeguard command. The commanding officer under which death occurred are personnel, to prevent unauthorized shall be aware of existing policies established, that the provisions of the access to installations, equipment, regarding pollution control, and should Manual of the Judge Advocate General materials and documents, and to recommend remedial measures when are adhered to in documenting the cause safeguard them against acts of sabotage, appropriate. and circumstances, and that the damage, theft, or terrorism. appropriate casualty report is submitted. (b) The commanding officer shall take § 700.834 Care of ships, aircraft, vehicles and their equipment. § 700.816 The American National Red action to protect and maintain the Cross. security of the command against The commanding officer shall cause such inspections and tests to be made (a) Pursuant to the request of the dangers from fire, windstorms, or other and procedures carried out as are Secretary of the Navy, and subject to acts of nature. prescribed by competent authority, such instructions as the Secretary may § 700.827 Effectiveness for service. together with such others as he or she issue, the American National Red Cross deems necessary, to ensure the proper is authorized to conduct a program of The commanding officer shall: preservation, repair, maintenance and welfare, including social, financial, (a) Exert every effort to maintain the operation of any ship, aircraft, vehicle, medical and dental aid, for naval command in a state of maximum and their equipment assigned to his or personnel; to assist in matters pertaining effectiveness for war or other service her command. to prisoners of war; and to provide such consistent with the degree of readiness other services as are appropriate as may be prescribed by proper § 700.835 Work, facilities, supplies, or functions for the Red Cross. The authority. Effectiveness for service is services for other Government American National Red Cross is the only directly related to the state of personnel departments, State or local governments, volunteer society authorized by the and material readiness; and foreign governments, private parties and Government to render medical and (b) Make him or herself aware of the morale, welfare, and recreational activities. dental aid to the armed forces of the progress of any repairs, the status of (a) Work may be done for or on United States. Other organizations spares, repair parts and other facilities, supplies, or services furnished desiring to render medical and dental components, personnel readiness and to departments and agencies of the aid may do so only through the Red other factors or conditions that could Federal and State governments, local Cross. lessen the effectiveness of his or her governments, foreign governments, (b) Requests for Red Cross services command. When the effectiveness is private parties, and morale, welfare, and shall be made to the Chief of Naval lessened appreciably, that fact shall be recreational activities with the approval Personnel or the Commandant of the reported to appropriate superiors. of a commanding officer provided: Marine Corps or, in the case of medical (1) The cost does not exceed § 700.828 Search by foreign authorities. services, to the Commander, Naval limitations the Secretary of the Navy Medical Command. (a) The commanding officer shall not may approve or specify; and (c) Activities and personnel of the permit a ship under his or her command (2) In the case of private parties, it is American National Red Cross in areas to be searched on any pretense in the interest of the government to do subject to naval jurisdiction shall whatsoever by any person representing so and there is no issue of competition conform to such administrative a foreign state, nor permit any of the with private industry; and regulations as may be prescribed by personnel within the confines of his or (3) In the case of foreign governments, appropriate naval authority. her command to be removed from the a disqualification of a government has (d) Red Cross personnel shall be command by such person, so long as he not been issued for the benefits of this considered to have the status of has the capacity to repel such act. If article. commissioned officers, subject to such force should be exerted to compel (b) Work shall not be started nor restrictions as may be imposed by the submission, the commanding officer is facilities, supplies, or services furnished Chief of Naval Personnel or the to resist that force to the utmost of his morale, welfare, and recreational Commandant of the Marine Corps. or her power. activities not classified as

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.026 pfrm02 PsN: 15OCR2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56075 instrumentalities of the United States, or Commanding Officers Afloat § 700.845 Maintenance of logs. state or local governments or private (a) A deck log and an engineering log § 700.840 Unauthorized persons on board. parties, until funds to cover the shall be maintained by each ship in estimated cost have been deposited with The commanding officer shall satisfy commission, and by such other ships the commanding officer or unless him or herself that there is no and craft as may be designated by the otherwise provided by law. unauthorized person on board before Chief of Naval Operations. (c) Work shall not be started, nor proceeding to sea or commencing a (b) A compass record shall be facilities, supplies, or services furnished flight. maintained as an adjunct to the deck other Federal Government departments log. An engineer’s bell book shall be and agencies, or expenses charged to § 700.841 Control of passengers. maintained as an adjunct to the non-appropriated funds of morale, (a) Control of passage in and engineering log. welfare and recreational activities protracted visits to aircraft and ships of (c) The Chief of Naval Operations classified as instrumentalities of the the Navy by all persons, within or shall prescribe regulations governing the United States, until reimbursable without the Department of the Navy, contents and preparation of the deck funding arrangements have been made. shall be exercised by the Chief of Naval and engineering logs and adjunct (d) Work, facilities, supplies, or Operations. records. services furnished non-appropriated (d) In the case of a ship or craft (b) Nothing in this section shall be fund activities classified as equipped with automated data logging interpreted as prohibiting the senior instrumentalities of the United States in equipment, the records generated by officer present from authorizing the the Navy Comptroller Manual shall be such equipment satisfy the requirements passage in ships and aircraft of the Navy funded in accordance with regulations of this section. of the Comptroller of the Navy. by such persons as he or she judges (e) Supplies or services may be necessary in the public interest or in the § 700.846 Status of logs. furnished to naval vessels and military interest of humanity. The senior officer The deck log, the engineering log, the aircraft of friendly foreign governments present shall report the circumstances to compass record, the bearing hooks, the (unless otherwise provided by law or the Chief of Naval Operations when he engineer’s bell book, and any records international treaty or agreement): or she gives such authorization. generated by automated data logging (1) On a reimbursable basis without § 700.842 Authority over passengers. equipment shall each constitute an an advancement of funds, when in the official record of the command. best interest of the United States: Except as otherwise provided in these (i) Routine port services (including regulations or in orders from competent § 700.847 Responsibility of a master of an authority, all passengers in a ship or in-service ship of the Military Sealift pilotage, tugs, garbage removal, Command. linehandling and utilities) in territorial aircraft of the naval service are subject waters or waters under United States to the authority of the commanding (a) In an in-service ship of the control. officer and shall conform to the internal Military Sealift Command, the master’s (ii) Routine airport services (including regulations and routine of the ship or responsibility is absolute, except when, air traffic control, parking, servicing and aircraft. The commanding officer of and to the extent, relieved therefrom by use of runways). such ship or aircraft shall take no competent authority. The authority of (iii) Miscellaneous supplies disciplinary action against a passenger the master is commensurate with the (including fuel, provisions, spare parts, not in the naval service, other than that master’s responsibility. The master is and general stores) but not ammunition. authorized by law. The commanding responsible for the safety of the ship and Supplies are subject to approval of the officer may, when he or she deems such all persons on board. He or she is cognizant fleet or force commanders an action to be necessary for the safety responsible for the safe navigation and when provided overseas. of the ship or aircraft or of any persons technical operation of the ship and has (iv) With approval of Chief of Naval embarked, subject a passenger not in the paramount authority over all persons on Operations in each instance, overhauls, naval service to such restraint as the board. He or she is responsible for the repairs, and alterations together with circumstances require until such time as preparation of the abandon ship bill and necessary equipment and its installation delivery to the proper authorities is has exclusive authority to order the ship required in connection therewith, to possible. A report of the matter shall be abandoned. The master may, using vessels and military aircraft. made to an appropriate superior of the discretion, and when not contrary to (2) Routine port and airport services passenger. law or regulation, delegate authority for may be furnished at no cost to the operation of shipboard functions to foreign government concerned where § 700.844 Marriages on board. competent subordinates. However, such such services are provided by persons of The commanding officer shall not delegation of authority shall in no way the naval service without direct cost to perform a marriage ceremony on board relieve the master of continued the Department of the Navy. his or her ship or aircraft. He or she responsibility for the safety, well-being, (f) In cases of emergency involving shall not permit a marriage ceremony to and efficiency of the ship. possible loss of life or valuable property, be performed on board when the ship or (b) All orders and instructions of the work may be started or facilities aircraft is outside the territory of the master shall be in accordance with furnished prior to authorization, or United States, except: appropriate laws of the United States, provision for payment, but in all such and all applicable orders and cases a detailed report of the facts and (a) In accordance with local laws and regulations of the Navy, Military Sealift circumstances shall be made promptly the laws of the state, territory, or district Command, and the Office of Personnel to the Secretary of the Navy or the in which the parties are domiciled, and Management. A master who departs appropriate authority. (b) In the presence of a diplomatic or from the orders or instructions of (g) Charges and accounting for any consular official of the United States, competent authority or takes official work, supplies, or services shall be as who has consented to issue the action contrary to such orders or prescribed in the Navy Comptroller certificates and make the returns instructions, shall report immediately Manual. required by the consular regulations. the circumstances to the authority from

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.028 pfrm02 PsN: 15OCR2 56076 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations whom the prior orders or instructions to a vessel in those waters shall have (1) Doubt exists as to the sanitary were received. control of the navigation and movement regulations or health conditions of the of the vessel. Also see the provisions of port or area; § 700.848 Relations with merchant these regulations concerning the seamen. (2) A quarantine condition exists navigation of ships at a naval shipyard aboard the ship or aircraft; When in foreign waters, the or station, or in entering or leaving (3) Coming from a suspected port or commanding officer, with the approval drydock. area, or one actually under quarantine. of the senior officer present, may receive on board as supernumeraries for rations § 700.857 Safe navigation and regulations (d) No concealment shall be made of and passage: governing operation of ships and aircraft. any circumstance that may subject a ship or aircraft of the Navy to (a) Distressed seamen of the United (a) The commanding officer is quarantine. States for passage to the United States, responsible for the safe navigation of his (e) Should there appear at any time on provided they bind themselves to be or her ship or aircraft, except as board a ship or aircraft conditions amenable in all respects to Navy prescribed otherwise in these which present a hazard of introduction Regulations. regulations for ships at a naval shipyard of a communicable disease outside the (b) As prisoners, seamen from or station, in drydock, or in the Panama ship or aircraft, the commanding officer merchant vessels of the United States, Canal. During an armed conflict, an or aircraft commander shall at once provided that the witnesses necessary to exercise simulating armed conflict, or report the fact to the senior officer substantiate the charges against them an authorized law enforcement activity, present, to other appropriate higher are received, or adequate means adopted competent authority may modify the use authorities and, if in port, to the health to ensure the presence of such witnesses of lights or other safeguards against authorities having quarantine on arrival of the prisoners at the place collision. Except in time of actual armed jurisdiction. The commanding officer or where they are to be delivered to the conflict, such modifications will be aircraft commander shall prevent all civil authorities. authorized only when ships or aircraft contracts likely to spread disease until clearly will not be hazarded. § 700.855 Status of boats. pratique is received. The commanding (b) Professional standards and (a) Boats shall be regarded in all officer of a ship in port shall hoist the regulations governing shiphandling, safe appropriate signal. matters concerning the rights, privileges navigation, safe anchoring and related and comity of nations as part of the ship operational matters shall be § 700.860 Customs and immigration or aircraft to which they belong. promulgated by the Chief of Naval inspections. (b) In ports where war, insurrection or Operations. armed conflict exists or threatens, the (a) The commanding officer or aircraft (c) Professional standards and commanding officer shall: commander shall facilitate any proper (1) Require that boats away from the regulations governing the operation of examination which it may be the duty ship or aircraft have some appropriate naval aircraft and related matters shall of a customs officer or immigration and competent person in charge; and be promulgated by the Chief of Naval officer of the United States to make on (2) See that steps are taken to make Operations or the Commandant of the board the ship or aircraft. The their nationality evident at all times. Marine Corps, as appropriate. commanding officer or air craft (d) The Commanding Officer is commander shall not permit a foreign § 700.856 Pilotage. responsible for ensuring that weather customs officer or an immigration (a) The commanding officer shall: and oceanic effects are considered in the officer to make any examination (1) Pilot the ship under all ordinary effective and safe operation of his or her whatsoever, except as hereinafter circumstances, but he may employ ship or aircraft. provided, on board the ship, aircraft or pilots whenever, in his or her judgment boats under his or her command. § 700.859 Quarantine. such employment is prudent; (b) When a ship or aircraft of the Navy (2) Not call a pilot on board until the (a) The commanding officer or aircraft or a public vessel manned by naval ship is ready to proceed; commander of a ship or aircraft shall personnel and operating under the (3) Not retain a pilot on board after comply with all quarantine regulations direction of the Department of the Navy the ship has reached her destination or and restrictions, United States or is carrying cargo for private commercial a point where the pilot is no longer foreign, for the port or area within account, such cargo shall be subject to required; which the ship or aircraft is located. the local customs regulations of the (4) Give preference to licensed pilots; (b) The commanding officer shall give port, domestic or foreign, in which the and all information required by authorized ship or aircraft may be, and in all (5) Pay pilots no more than the local foreign officials, insofar as permitted by matters relating to such cargo, the rates. military security, and will meet the procedure prescribed for private (b) A pilot is merely an adviser to the quarantine requirements promulgated merchant vessels and aircraft shall be commanding officer. The presence on by proper authority for United States or followed. Government-owned stores or board of a pilot shall not relieve the foreign ports. However, nothing in this cargo in such ship or aircraft not landed commanding officer or any subordinate section shall be interpreted as nor intended to be landed nor in any from his or her responsibility for the authorizing commanding officers to manner trafficked in, are, by the proper performance of the duties with permit on board inspections by foreign established precedent of international which he or she may be charged officials, or to modify in any manner the courtesy, exempt from customs duties, concerning the navigation and handling provisions of § 700.828 of these but a declaration of such stores or cargo, of the ship. For an exception to the regulations. when required by local customs provisions of this paragraph, see ‘‘Rules (c) The commanding officer shall regulations, shall be made. and Regulations Covering Navigation of allow no intercourse with a port or area Commanding officers shall prevent, as the Panama Canal and Adjacent or with other ships or aircraft until after far as possible, disputes with the local Waters,’’ (35 CFR Chapter I, subchapter consultation with local health authorities in such cases, but shall C) which directs that the pilot assigned authorities when: protect the ship or aircraft and the

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.030 pfrm02 PsN: 15OCR2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56077

Government-owned stores and cargo ship. The commanding officer of the § 700.872 Ships and craft in drydock. from any search or seizure. naval station or shipyard shall be (a) The commanding officer of a ship (c) Upon arrival from a foreign responsible for providing requested in drydock shall be responsible for country, at the first port of entry in services in a timely and adequate effecting adequate closure, during such United States territory, the commanding manner. periods as they will be unattended, of officer, or the senior officer of ships or (c) When a ship or craft not under her all openings in the ship’s bottom upon aircraft in company, shall notify the own power is being moved by direction which no work is being undertaken by collector of the port. Each individual of the commanding officer of a naval the docking activity. The commanding aboard shall, in accordance with station or shipyard, that officer shall be officer of the docking activity shall be customs regulations, submit a list of responsible for any damage that may responsible for the closing, at the end of articles purchased or otherwise acquired result therefrom. The pilot or other working hours, of all valves and other by him abroad. Dutiable articles shall person designated for the purpose shall openings in the ship’s bottom upon not be landed until the customs officer be in direct charge of such movement, which work is being undertaken by the has completed his inspection. and all persons on board shall cooperate docking activity, when such closing is (d) Commanding officers of naval with and assist the pilot as necessary. practicable. vessels and aircraft transporting United Responsibility for such actions in a (b) Prior to undocking, the States civilian and foreign military and private shipyard will be assigned by commanding officer of a ship shall civilian passengers shall satisfy contract to the contractor. report to the docking officer any themselves that the passenger clearance (d) When a ship operating under her material changes in the amount and requirements of the Immigration and own power is being drydocked, the location of weights on board which have Naturalization Service are complied commanding officer shall be fully been made by the ship’s force while in with upon arrival at points within the responsible for the safety of his ship dock, and shall ensure, and so report, jurisdiction of the United States. until the extremity of the ship first to that all sea valves and other openings in Clearance for such passengers by an enter the drydock reaches the dock sill the ship’s bottom are properly closed. immigration officer is necessary upon and the ship is pointed fair for entering The level of water in the dock shall not arrival from foreign ports and at the the drydock. The docking officer shall be permitted to rise above the keel completion of movements between any then take charge and complete the blocks prior to receipt of this report. The of the following: Continental United docking, remaining in charge until the above valves and openings shall be States (including Alaska and Hawaii), ship has been properly landed, bilge tended during flooding of the dock. the Canal Zone, Puerto Rico, Virgin blocks hauled, and the dock pumped (c) When a ship or craft, not in Islands, Guam, American Samoa, or down. In undocking, the docking officer commission, is in a naval drydock, the other outlying places subject to United shall assume charge when flooding the provisions of this article shall apply, States jurisdiction. Commanding dock preparatory to undocking is except that the commanding officer of officers, prior to arriving, shall advise started, and shall remain in charge until the docking activity or his the cognizant naval or civilian port the extremity of the ship last to leave representative shall act in the capacity authority of the aforementioned the dock clears the sill, and the ship is of the commanding officer of the ship or passengers aboard and shall detain them pointed fair for leaving the drydock, craft. for clearance as required by the when the ship’s commanding officer (d) When a naval ship or craft is in Immigration and Naturalization Service. shall assume responsibility for the drydock in a private shipyard, (e) The provisions of this section shall safety and control of the ship. responsibility for actions normally not be construed to require delaying the (e) When a naval ship is to be assigned by the commanding officer of movements of any ship or aircraft of the drydocked in a private shipyard under the docking activity will be assigned by Navy in the performance of her assigned a contract being administered by a contract to the contractor. duty. supervisor of shipbuilding, the responsibilities of the commanding § 700.873 Inspection incident to Special Circumstances/Ships in Naval officer are the same as in the case of commissioning of ships. Stations and Shipyards drydocking in a naval shipyard. The When a ship is to be commissioned, § 700.871 Responsibility for safety of responsibilities for the safety of the the authority designated to place such ships and craft at a naval station or actual drydocking, normally assigned to ship in commission shall, just prior to shipyard. the commanding officer of a naval commissioning, cause an inspection to (a) The commanding officer of a naval shipyard through the docking officer, be made to determine the cleanliness station or shipyard shall be responsible will be assigned by contract to the and readiness of the ship to receive its for the care and safety of all ships and contractor. The supervisor of crew and outfit. In the case of the craft at such station or shipyard not shipbuilding is responsible, however, delivery of a ship by a contractor, the under a commanding officer or assigned for ensuring that the contractor above inspection shall precede to another authority, and for any facilities, methods, operations, and acceptance of the ship. A copy of the damage that may be done by or to them. qualifications meet the standards of report of this inspection shall be In addition, the commanding officer of efficiency and safety prescribed by Navy furnished the officer detailed to a naval station or shipyard shall be directives. command the ship and to appropriate responsible for the safe execution of (f) If the ship is elsewhere than at a commands. work performed by that activity upon naval station or shipyard, the Special Circumstances/Prospective any ship located at the activity. relationship between the commanding Commanding Officers (b) It shall be the responsibility of the officer and the supervisor of commanding officer of a ship in shipbuilding, or other appropriate § 700.880 Duties of the prospective commission which is undergoing official, shall be the same as that commanding officer of a ship. overhaul, or which is otherwise between the commanding officer and (a) Except as may be prescribed by the immobilized at a naval station or the commanding officer of a naval Chief of Naval Operations, the shipyard, to request such services as are station or naval shipyard as specified in prospective commanding officer of a necessary to ensure the safety of the this article. ship not yet commissioned shall have

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.032 pfrm02 PsN: 15OCR2 56078 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations no independent authority over the (d) The Chief of Naval Operations § 700.922 Shore patrol. preparation of the ship for service by shall be responsible for providing the (a) When liberty is granted to any virtue of his assignment to such duty, commanding officer or prospective considerable number of persons, except until the ship is commissioned and commanding officer of a naval nuclear in an area that can absorb them without placed under his or her command. The powered ship with the authority and danger of disturbance or disorder, the prospective commanding officer shall: direction necessary to carry out his or senior officer present shall cause to be (1) Procure from the commander of her responsibilities. established, temporarily or the naval shipyard or the supervisor of permanently, in charge of an officer, a shipbuilding the general arrangement Subpart IÐThe Senior Officer Present sufficient patrol of officers, petty plans of the ship, and all pertinent Contents officers, and noncommissioned officers information relative to the general to maintain order and suppress any condition of the ship and the work § 700.901 The senior officer present. unseemly conduct on the part of any being undertaken on the hull, person on liberty. The senior patrol machinery and equipment, upon Unless some other officer has been so officer shall communicate with the chief reporting for duty; designated by competent authority, the of police or other local officials and (2) Inspect the ship as soon after ‘‘senior officer present’’ is the senior make such arrangements as may be reporting for duty as practicable, and line officer of the Navy on active duty, practicable to aid the patrol in carrying frequently thereafter, in order to keep eligible for command at sea, who is out its duties properly. Such duties may him or herself informed of the state of present and in command of any part of include providing assistance to military her preparation for service. If, during the Department of the Navy in the personnel in relations with civil courts the course of these inspections he or she locality or within an area prescribed by and police, arranging for release of notes an unsafe or potentially unsafe competent authority, except where service personnel from civil authorities condition, he or she shall report such personnel of both the Navy and the to the parent command, and providing fact to the commander of the naval Marine Corps are present on shore and other services that favorably influence shipyard or the supervisor of the officer of the Marine Corps who is discipline and morale. shipbuilding and to his or her superior in command is senior to the senior line (b) A patrol shall not be landed in any for resolution; officer of the Navy. In such cases, the foreign port without first obtaining the (3) Keep him or herself informed as to officer of the Marine Corps shall be the consent of the proper local officials. the progress of the work being done, senior officer present on shore. Tact must be used in requesting including tests of equipment, and make permission; and, unless it is given such recommendations to the § 700.902 Eligibility for command at sea. willingly and cordially, the patrol shall commander of the naval shipyard or the All officers of the line of the Navy, not be landed. If consent cannot be supervisor of shipbuilding as he or her including Naval Reserve, on active duty, obtained, the size of liberty parties shall she deems appropriate; except those designated for the be held to such limits as may be (4) Ensure that requisitions are performance of engineering, submitted for articles to outfit the ship necessary to render disturbances aeronautical engineering or special unlikely. which are not otherwise being provided; duties, and except those limited duty (5) Prepare the organization of the (c) Officers and enlisted personnel on officers who are not authorized to patrol duty in a foreign country ship; perform all deck duties afloat, are (6) Train the nucleus crew to normally should not be armed. In the eligible for command at sea. effectively and efficiently take charge of United States, officers and men may be and operate the ship upon § 700.903 Authority and responsibility. armed as prescribed by the senior officer commissioning; and present. (7) Make such reports as may be At all times and places not excluded (d) No officer or enlisted person who required by higher authority, and in these regulations, or in orders from is a member of the shore patrol or beach include therein a statement of any competent authority, the senior officer guard, or is assigned in support thereof, deficiency in material or personnel. present shall assume command and shall partake of or indulge in any form (b) If the prospective commanding direct the movements and efforts of all of intoxicating beverage or other form of officer does not consider the ship in persons in the Department of the Navy intoxicant while on duty, on post, or at proper condition to be commissioned at present, when, in his or her judgment, other times prescribed by the senior the time the commander of the naval the exercise of authority for the purpose patrol officer. The senior patrol officer shipyard or the supervisor of of cooperation or otherwise is necessary. shall ensure that the provisions of this shipbuilding signifies his intention of The senior officer present shall exercise paragraph are strictly observed and shall transferring the ship to the prospective this authority in a manner consistent report promptly in writing to the senior commanding officer, he or she shall with the operational command officer present all violations of these report that conclusion with his reasons responsibility vested in the commanders provisions that may come to his or her therefor, in writing, to the commander of unified or specified commands. notice. All officers and enlisted of the naval shipyard or the supervisor § 700.904 Authority of senior officer of the personnel of the patrol shall report to of shipbuilding and to the appropriate Marine Corps present. the senior patrol officer all violations of higher authority. the provisions of this paragraph on the (c) If the ship is elsewhere than at a The authority and responsibility of part of those under them. naval shipyard, the relationship the senior officer present are also between the prospective commanding conferred upon the senior commanding § 700.923 Precautions for health. officer and the supervisor of officer of the Marine Corps present with The senior officer present shall take shipbuilding, or other appropriate respect to those units of the Marine precautions to preserve the health of the official, shall be the same as that Corps, including Navy personnel persons under his or her authority. He between the prospective commanding attached, which are in the locality and or she shall obtain information officer and the commander of a naval not under the authority of the senior regarding the healthfulness of the area shipyard as specified in this article. officer present. and medical facilities available therein

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.034 pfrm02 PsN: 15OCR2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56079 and shall adopt such measures as are the case has been referred to higher confinement or otherwise incapable of required by the situation. authorities for instructions. discharging their duties, exercise (iii) Persons whose temporary refuge authority over all persons who are § 700.924 Medical or dental aid to persons is terminated will be released to the subordinated to them. not in the naval service. protection of the authorities designated (b) A person in the naval service, The senior officer present may require in the message authorizing release. although on leave, may exercise the officers of the Medical Corps and (iv) While temporary refuge can be authority: Dental Corps under his or her authority granted in the circumstances set forth (1) When in a naval ship or aircraft to render emergency professional aid to above, permanent asylum will not be and placed on duty by the commanding persons not in the naval service when granted. officer or aircraft commander. such aid is necessary and demanded by (v) Foreign nationals who request (2) When in a ship or aircraft of the the laws of humanity or the principles assistance in forwarding requests for armed services of the United States, of international courtesy. political asylum in the United States other than a naval ship or aircraft, as the commanding officer of naval personnel § 700.934 Exercise of power of consul. will not be received on board, but will be advised to apply in person at the embarked, or when placed on duty by When upon the high seas or in any nearest American Embassy or Consulate. such officer. foreign port where there is no resident If a foreign national is already on board, (3) When senior officer at the scene of consul of the United States, the senior however, such person will not be a riot or other emergency, or when officer present afloat has the authority to placed on duty by such officer. surrendered to foreign jurisdiction or exercise all powers of a consul in control unless at the personal direction relation to mariners of the United States. § 700.1026 Authority of an officer who of the Secretary of the Navy. succeeds to command. § 700.939 Granting of asylum and (3) The Chief of Naval Operations or (a) An officer who succeeds to temporary refuge. Commandant of the Marine Corps, as command due to incapacity, death, (a) If an official of the Department of appropriate, will be informed by the departure on leave, detachment without the Navy is requested to provide asylum most expeditious means of all action relief or absence due to orders from or temporary refuge, the following taken pursuant to paragraphs (a)(1)(i) competent authority of the officer procedures shall apply: and (a)(1)(ii) of this section, as well as detailed to command, has the same (1) On the high seas or in territories the attendant circumstances. Telephone authority and responsibility as the under exclusive United States or voice communications will be used officer whom he or she succeeds. jurisdiction (including territorial seas, where possible, but must be confirmed (b) An officer who succeeds to the Commonwealth of Puerto Rico, as soon as possible with an immediate command during the temporary absence territories under United States precedence message, information to the of the commanding officer shall make administration, and possessions): Secretary of State (for actions taken no changes in the existing organization, (i) At his or her request, an applicant pursuant to paragraphs (a)(2)(i) and and shall endeavor to have the routine for asylum will be received on board (a)(2)(v) of this section, also make the and other affairs of the command any naval aircraft or waterborne craft, appropriate American Embassy or carried on in the usual manner. Navy or Marine Corps activity or Consular Office an information (c) When an officer temporarily station. addressee). If communication by succeeding to command signs official (ii) Under no circumstances shall the telephone or voice is not possible, correspondence, the word ‘‘Acting’’ person seeking asylum be surrendered notification will be effected by an shall appear below his or her signature. to foreign jurisdiction or control, unless immediate precedence message, as § 700.1038 Authority of a sentry. described above. The Chief of Naval at the personal direction of the Secretary A sentry, within the limits stated in Operations or Commandant of the of the Navy or higher authority. Persons his or her orders, has authority over all Marine Corps will cause the Secretary of seeking political asylum should be persons on his or her post. afforded every reasonable care and the Navy and the Deputy Director for protection permitted by the Operations of the National Military Detail to Duty Command Center to be notified without circumstances. § 700.1052 Orders to active service. (2) In territories under foreign delay. (a) No person who is on leave of jurisdiction (including foreign territorial (b) Personnel of the Department of the absence or not on active service shall be seas, territories, and possessions): Navy shall neither directly nor ordered into active service or on duty (i) Temporary refuge shall be granted indirectly invite persons to seek asylum or temporary refuge. without permission of the Commandant for humanitarian reasons on board a of the Marine Corps, or the Chief of naval aircraft or waterborne craft, Navy Naval Personnel, as appropriate, except: or Marine Corps activity or station, only Subpart JÐPrecedence, Authority and Command (1) In the case of a person on leave of in extreme or exceptional circumstances absence, by the officer who granted the wherein life or safety of a person is put Authority leave or a superior, or in imminent danger, such as pursuit by (2) By the senior officer present on a a mob. When temporary refuge is § 700.1020 Exercise of authority. foreign station. granted, such protection shall be (a) All persons in the naval service on (b) In the event that the senior officer terminated only when directed by the active service, and those on the retired present of a foreign station issues any Secretary of the Navy or higher list with pay, and transferred members orders as contemplated by this article, authority. of the Fleet Reserve and the Fleet he or she shall report the facts, (ii) A request by foreign authorities for Marine Corps Reserve, are at all times including the reasons for issuing such return of custody of a person under the subject to naval authority. While on orders, to the Commandant of the protection of temporary refuge will be active service they may, if not on leave Marine Corps or the Chief of Naval reported to the CNO or Commandant of of absence except as noted below, on the Personnel, without delay. the Marine Corps. The requesting sick list, taken into custody, under (c) Retired officers of the Navy and foreign authorities will be informed that arrest, suspended from duty, in Marine Corps may be ordered to active

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.035 pfrm02 PsN: 15OCR2 56080 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations service, with their consent, in time of flight tactical purposes. The officer a court martial either on him or herself peace. In time of war or a national detailed to command a naval air training or on any other person in the naval emergency, such retired officers may, at squadron or an air unit organized for service. the discretion of the Secretary of the administrative purposes shall be a line Navy, be ordered to active service. officer of the naval service, designated § 700.1113 Endorsement of commercial product or process. as a naval aviator or naval flight officer, § 700.1053 Commander of a task force. eligible for command. If a naval air Except as necessary during contract (a) A commander in chief, and any training squadron has been designated a administration to determine other naval commander, may detail in multi-service training squadron, the specification or other compliance, no command of a task force, or other task officer detailed to command that person in the Department of the Navy, command, any eligible officer within his squadron may be a line officer from any in his or her official capacity, shall or her command whom he or she armed service designated as the endorse or express an opinion of desires. All other officers ordered to the equivalent of a naval aviator naval flight approval or disapproval of any task force or the task command shall be officer and otherwise eligible to commercial product or process. considered subordinate to the command an aviation squadron or unit § 700.1120 Personal privacy and rights of designated commander. under that officer’s pertinent service individuals regarding their personal (b) All orders issued under the regulations. records. authority of this article shall continue in (c) The officer detailed to command a effect after the death or disability of the (a) Except as specifically provided in naval air activity of a technical nature this section, maintenance of personal officer issuing them until they are on shore may be an officer of the line revoked by his or her successor in records of individuals, and the release in the navy not eligible for command at of those records, shall be in accordance command or higher authority. sea, but designated as a naval aviator or (c) The powers delegated to a with the provisions of the Privacy Act a naval flight officer or designated for and directives issued by the Secretary of commander by this article are not aeronautical engineering duty. conferred on any other officer by virtue the Navy. (d) The officer detailed to command a (b) Except as specifically provided in of the fact that he or she is the senior Marine Corps air unit organized for officer present. this section, the release of departmental flight tactical purpose shall be an officer records to private parties shall be in § 700.1054 Command of a naval base. of the Marine Corps, designated as a accordance with the provisions of the The officer detailed to command a naval aviator or naval flight officer. Freedom of Information Act and (e) Other than an air training naval base shall be an officer of the line directives issued by the Secretary of the squadron, an officer of the Navy shall in the Navy, eligible for command at Navy. not normally be detailed to command an sea. aviation unit of the Marine Corps nor Official Records § 700.1055 Command of a naval shipyard. shall an officer of the Marine Corps § 700.1121 Disclosure, publication and The officer detailed to command a normally be detailed to command an security of official information. aviation unit of the Navy. Aircraft units naval shipyard shall be trained in the (a) No person in the Department of the of the Marine Corps may, however, be technical aspects of building and repair Navy shall convey or disclose by oral or assigned to ships or to naval air of ships and shall have had substantial written communications, publication, activities in the same manner as aircraft previous experience in the technical graphic (including photographic) or units of the navy and, conversely, and management phases of such work. other means, any classified information aircraft units of the navy may be so Such officer may have been designated except as provided in directives assigned to Marine Corps air activities. for engineering duty. governing the release of such A group composed of aircraft units of information. Additionally, no person in § 700.1056 Command of a ship. the Navy and aircraft units of the the Department of the Navy shall (a) The officer detailed to command a Marine Corps may be commanded either communicate or otherwise deal with commissioned ship shall be an officer of by an officer of the Navy or an officer foreign entities, even on an unclassified the line in the Navy eligible for of the Marine Corps. command at sea. basis, when this would commit the (b) The officer detailed to command § 700.1058 Command of a submarine. Department of the Navy to disclose an aircraft carrier, an aircraft tender, or The officer detailed to command a classified military information except as a ship with a primary task of operating submarine shall be an officer of the line may be required in that person’s official or supporting aircraft shall be an officer in the Navy, eligible for command at sea duties and only after coordination with of the line in the navy, eligible for and qualified for command of and approval by a release authority command at sea, designated as a naval submarines. designated by competent authority. aviator or naval flight officer. (b) No person in the Department of § 700.1059 Command of a staff corps the Navy shall convey or disclose by § 700.1057 Command of an air activity. activity. oral or written communication, (a) The officer detailed to command a Officers in a staff corps shall be publication or other means except as naval aviation school, a naval air detailed to command only such may be required by his or her official station, or a naval air unit organized for activities as are appropriate to their duties, any information concerning the flight tactical purposes shall be an corps. Department of Defense or forces, or any officer of the line in the navy, person, thing, plan or measure designated as a naval aviator or naval Subpart KÐGeneral Regulations pertaining thereto, where such flight officer, eligible for command at Standards of Conduct information might be of possible sea. assistance to a foreign power; nor shall (b) For the purposes of Title 10 U.S.C. § 700.1101 Demand for court-martial. any person in the Department of the § 5942, a naval air training squadron is Except as otherwise provided in the Navy make any public speech or permit not considered to be a naval aviation Uniform Code of Military Justice, no publication of an article written by or school or a naval air unit organized for person in the naval service may demand for that person which is prejudicial to

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.038 pfrm02 PsN: 15OCR2 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56081 the interests of the United States. The (c) Applications for such corrections or aircraft of the Department of the Navy regulations concerned with the release should be submitted to the Secretary of or within any naval base, station or of information to the public through any the Navy (Board for Correction of Naval other place under the jurisdiction of the media will be as prescribed by the Records) in accordance with procedural Department of the Navy by all persons Secretary of the Navy. regulations established by the Secretary is prohibited. (c) No person in the Department of the of the Navy and approved by the (c) The term ‘‘controlled substance’’ Navy shall disclose any information Secretary of Defense. means: a drug or other substance whatever, whether classified or included in Schedule I, II, III, IV, or V § 700.1127 Control of official records. unclassified, or whether obtained from established by section 202 of the official records or within the knowledge (a) No person, without proper Comprehensive Drug Abuse Prevention of the relator, which might aid or be of authority, shall withdraw official and Control Act of 1970 (84 Stat. 1236), assistance in the prosecution or support records or correspondence from the as updated and republished under the of any claim against the United States. files, or destroy them, or withhold them provisions of that Act (21 U.S.C. 812). The prohibitions prescribed by the first from those persons authorized to have access to them. § 700.1139 Rules for preventing collisions, sentence of this paragraph are not afloat and in the air. applicable to an officer or employee of (b) Except as specifically provided in this section, maintenance of personal (a) All persons in the naval service the United States who is acting in the responsible for the operation of naval proper course of, and within the scope records of individuals, and the release of those records, shall be in accordance ships, craft and aircraft shall diligently of, his or her official duties, provided observe the International Rules for that the disclosure of such information with the provisions of the Privacy Act and directives issued by the Secretary of Preventing Collisions at Sea (commonly is otherwise authorized by stature, called the COLREGS) (33 CFR chapter I), Executive Order of the President or the Navy. (c) Except as specifically provided in Inland Navigation Rules (33 CFR departmental regulation. this section, the release of departmental chapter I), domestic and international (d) Any person in the Department of records to private parties shall be in air traffic regulations (14 CFR chapter I), the Navy receiving a request from the accordance with the provisions of the and such other rules and regulations as public for Department of the Navy Freedom of Information Act and may be established by the Secretary of records shall be governed by the directives issued by the Secretary of the Transportation or other competent provisions of the Freedom of Navy. authority for regulating traffic and Information Act and implementing preventing collisions on the high seas, directives issued by the Secretary of the § 700.1128 Official records in civil courts. in inland waters or in the air, where Navy. (a) Department of the Navy personnel such laws, rules and regulations are (e) Persons in the Department of the shall not provide official information, applicable to naval ships and aircraft. In Navy desiring to submit manuscripts to testimony, or documents, submit to those situations where such law, rule or commercial publishers on professional, interview, or permit a view or visit, for regulation is not applicable to naval political or international subjects shall litigation purposes, without special ships, craft or aircraft, they shall be comply with regulations promulgated written authorization. operated with due regard for the safety by the Secretary of the Navy. (b) Department of the Navy personnel of others. (f) No persons in the naval service on shall not provide, with or without (b) Any significant infraction of the active duty or civilian employee of the compensation, opinion or expert laws, rules and regulations governing Department of the Navy shall act as testimony concerning official traffic or designed to prevent collisions correspondent of a news service or Department of Defense information, on the high seas, in inland waters, or in periodical, or as a television or radio subjects, personnel or activities, except the air which may be observed by news commentator or analyst, unless on behalf of the United States or a party persons in the naval service shall be assigned to such duty in connection represented by the Department of promptly reported to their superiors, with the public affairs activities of the Justice, or with special written including the Chief of Naval Operations Department of the Navy, or authorized authorization. or Commandant of the Marine Corps by the Secretary of the Navy. Except as when appropriate. Duties of Individuals authorized by the Secretary of the Navy, (c) Reports need not be made under no person assigned to duty in § 700.1138 Responsibilities concerning this article if the facts are otherwise connection with public affairs activities marijuana, narcotics, and other controlled reported in accordance with other of the Department of the Navy shall substances. directives, including duly authorized receive any compensation for acting as (a) All personnel shall endeavor to safety programs. such correspondent, commentator or prevent and eliminate the unauthorized Rights and Restrictions analyst. use of marijuana, narcotics and other controlled substances within the naval § 700.1162 Alcoholic beverages. § 700.1126 Correction of naval records. service. (a) Except as may be authorized by the (a) Any military record in the (b) The wrongful possession, use, Secretary of the Navy, the introduction, Department of the Navy may be introduction, manufacture, distribution possession or use of alcoholic beverages corrected by the Secretary of the Navy, and possession, or introduction with on board any ship, craft, aircraft, or in acting through the Board for Correction intent to distribute, of a controlled any vehicle of the Department of the of Naval Records, when the Secretary substance by persons in the naval Navy is prohibited. The transportation considers that such action should be service are offenses under Article 112a, of alcoholic beverages for personal use taken in order to correct an error or to Uniform Code of Military Justice. Except ashore is authorized, subject to the remove an injustice. for authorized medicinal or other discretion of the officer in command or (b) Applications for corrections under authorized purposes, the possession, officer in charge, or higher authority, this article may be made only after use, introduction, sale, or other transfer when the beverages are delivered to the exhaustion of all other administrative of marijuana, narcotics or other custody of the officer in command or remedies afforded by law or regulation. controlled substances on board any ship officer in charge of the ship, craft, or

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.040 pfrm02 PsN: 15OCR2 56082 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations aircraft in sealed packages, securely discredit on the naval service, personal the work environment are also engaging packed, properly marked and in relationships are prohibited: in sexual harassment. compliance with customs laws and (1) Between an officer and an enlisted regulations, and stored in securely member which are unduly familiar and § 700.1167 Supremacist activity. locked compartments, and the do not respect differences in rank and No person in the naval service shall transportation can be performed without grade; participate in any organization that undue interference with the work or (2) Between officer members which espouses supremacist causes; attempts duties of the ship, craft, or aircraft. are unduly familiar and do not respect to create illegal discrimination based on Whenever an alcoholic beverage is differences in rank and grade where a race, creed, color, sex, religion, or brought on board any ship, craft, or direct senior-subordinate supervisory national origin; advocates the use of aircraft for transportation for personal relationship exists; and force or violence against the use ashore, the person who brings it on (3) Between enlisted members which Government of the United States or the board shall at that time file with the are unduly familiar and do not respect Government of any state, territory, officer in command or officer in charge differences in rank and grade where a district, or possession thereof, or the of the ship, craft or aircraft, a statement direct senior-subordinate supervisory Government of any subdivision therein; of the quantity and kind of alcoholic relationship exists. or otherwise engages in efforts to beverage brought on board, together (c) Violation of this article may result deprive individuals of their civil rights. with a certification that its importation in administrative or punitive action. The term ‘‘participate’’, as used in this will be in compliance with customs and This article applies in its entirety to all article, includes acts or conduct, internal revenue laws and regulations regular and reserve personnel. performed alone or in concert with and applicable State or local laws at the § 700.1166 Sexual harassment. another, such as demonstrating, place of debarkation. rallying, fundraising, recruiting, (b) The introduction, possession and (a) Sexual harassment will not be training, or organizing or leading such use of alcoholic beverages for personal condoned or tolerated in the organizations. The term ‘‘participate’’ consumption or sale is authorized Department of the Navy. It is a form of also includes engaging in any other within naval activities and other places arbitrary discrimination which is activities in relation to such ashore under naval jurisdiction to the unprofessional, unmilitary, and which organizations or in furtherance of the extent and in such manner as the adversely affects morale and discipline objectives of such organizations when Secretary of the Navy may prescribe. and ultimately the mission effectiveness such activities are detrimental to good of the command involved. order, discipline, or mission § 700.1165 Fraternization prohibited. (b) Personnel who use implicit or accomplishment. (a) Personal relationships between explicit sexual behavior to control, officer and enlisted members which are influence or affect the career, promotion Dated: September 16, 1999. unduly familiar and which do not opportunities, duty assignments or pay Nieva Van Leer, respect differences in rank are of any other person are engaging in Lieutenant, Judge Advocate General’s Corps, inappropriate and violate long-standing sexual harassment. Naval personnel U.S. Naval Reserve, Alternate Federal Register traditions of the naval service. who make deliberate or repeated Liaison Officer. (b) When prejudicial to good order offensive verbal comments, gestures or [FR Doc. 99–25254 Filed 10–14–99; 8:45 am] and discipline or of a nature to bring physical contact of a sexual nature in BILLING CODE 3810±FF±U

VerDate 12-OCT-99 14:33 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.042 pfrm02 PsN: 15OCR2 eDt 2OT9 43 c 4 99Jt100 O000Fm001Ft41 ft41 :F\MA5C.6 fm2PsN:15OCN3 pfrm02 E:\FR\FM\A15OC3.066 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 14:38Oct14, 1999 VerDate 12-OCT-99 federal register October 15,1999 Friday Year 2000;Notice Proposed ComprehensivePlanforFiscal Delinquency Prevention Office ofJuvenileJusticeand Justice Department of Part IV 56083 56084 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

DEPARTMENT OF JUSTICE Plan when it is published in final form 77). Illicit drug use by juveniles, which following the public comment period. had declined during the 1980’s, has Office of Juvenile Justice and The programs described here represent increased since 1992 (p. 74), although Delinquency Prevention OJJDP’s current thinking and initial the National Household Survey on Drug priorities for this fiscal year. These Abuse reported that the percentage of [OJP(OJJDP)±1252] priorities also reflect feedback from 12- to 17-year-olds who reported using RIN No. 1121±ZB86 OJJDP’s ongoing outreach to the field illegal drugs in the preceding month asking for their ideas on priority areas dropped from 11.4 percent in 1997 to Proposed Comprehensive Plan for and the most promising types of 9.9 percent in 1998. Looking at arrest Fiscal Year 2000 programs for those areas. data, while drug arrests continued to Notice of the official solicitation of increase for both juveniles and adults AGENCY: Office of Justice Programs, grant or cooperative agreement between 1993 and 1997, arrests for most Office of Juvenile Justice and applications for competitive programs to serious violent offenses and property Delinquency Prevention, Justice. be funded under the Final offenses declined—with violent crime ACTION: Notice of proposed program Comprehensive Plan will be published arrests down 6 percent for juveniles and plan for fiscal year 2000. at a later date in the Federal Register. property crime arrests down 3 percent No proposals, concept papers, or other (p. 117). In 1997, the juvenile violent SUMMARY: The Office of Juvenile Justice forms of application should be crime arrest rate, which had increased and Delinquency Prevention is submitted at this time. 62 percent from 1988 to 1994, was at its publishing this notice of its Proposed Background lowest level in this decade: just 7 Comprehensive Plan for fiscal year (FY) percent above the 1989 rate, but still 25 2000. In developing its program plan for percent above the 1988 rate (p. 120). DATES: Comments must be received on Parts C and D each year, OJJDP must Even in the area of violent behaviors or before November 29, 1999. take into consideration the latest that do not reach the attention of the ADDRESSES: Comments may be mailed to available data on juvenile crime and justice system, positive trends are seen. Shay Bilchik, Administrator, Office of victimization in the United States and A recent Centers for Disease Control and Juvenile Justice and Delinquency view these statistics in relation to those Prevention (CDC) biennial survey of Prevention, 810 Seventh Street, NW., of recent years. To know where the 16,000 9th through 12th graders found Washington, DC 20531. Nation’s juveniles are headed, it is sharp decreases in certain categories of necessary to know where they are and FOR FURTHER INFORMATION CONTACT: violent activity by teenagers between where they have been. OJJDP’s Juvenile Eileen M. Garry, Director, Information 1991 and 1997. For example, 18.3 Offenders and Victims: 1999 National percent of the students surveyed in 1997 Dissemination Unit, at 202–307–5911. Report (National Report) 1 uses the latest [This is not a toll-free number.] reported having carried a gun, knife, or data available from the Federal Bureau club in the previous month, compared SUPPLEMENTARY INFORMATION: The Office of Investigation and other sources to with 26.1 percent of those surveyed in of Juvenile Justice and Delinquency provide a comprehensive picture of the 1991, and the percentage carrying such Prevention (OJJDP) is a component of nature of juvenile crime and violence weapons on school property decreased the Office of Justice Programs in the across the Nation. from 11.8 percent in 1993 to 8.5 percent U.S. Department of Justice. Pursuant to At the end of the 1990’s, juvenile in 1997. The frequency of fighting also the provisions of Section 204(b)(5)(A) of crime and violence are continuing a declined, with 37 percent of the 1997 the Juvenile Justice and Delinquency downward trend that began in 1994, surveyed youth reporting involvement Prevention Act of 1974, as amended, 42 bringing a halt to the dramatic annual in a physical fight in the previous year, U.S.C. § 5601 et seq. (JJDP Act), the increases that had alarmed the Nation compared with nearly 43 percent of Administrator of OJJDP is publishing for since 1988. The National Report those surveyed in 1991. public comment a Proposed indicates that in 1997, homicides of This mixture of some reassuring and Comprehensive Plan describing the juveniles, which had peaked in 1993, some still troubling statistics serves as a program activities that OJJDP proposes fell to their lowest level in the decade reminder that while great progress has to carry out during fiscal year (FY) 2000 (p. 16). Despite well-publicized been made in reducing juvenile under Parts C and D of Title II of the instances of shocking school violence, delinquency, violence, and JJDP Act, codified at 42 U.S.C. § 5651– students are safer at school than victimization, much more needs to be 5665a, 5667, 5667a. Taking into elsewhere, and school crime declined done. Although it is impossible to consideration comments received on from 1993 through 1996 (p. 31). In 1997, definitively identify the reasons for the this Proposed Comprehensive Plan, the homicides involving a juvenile downward trend in juvenile violence, Administrator will develop and publish perpetrator were the lowest in the factors cited by the authors of the CDC OJJDP’s Final Comprehensive Plan decade but still 21 percent above the study include community policing and describing the particular program average of the 1980’s (p. 53). Serious an expansion of violence prevention activities that OJJDP intends to fund violence by juveniles dropped 33 programs. As research and evaluation, during FY 2000, using in whole or in percent between 1993 and 1997, much of it supported by OJJDP funding, part funds appropriated under Parts C compared with a reduction of 25 continue to provide information about and D of Title II of the JJDP Act. percent in violence by adults in the what works in the areas of prevention OJJDP acknowledges that at this time same period (p. 62). On the other hand, and intervention, policymakers, its reauthorization legislation is in gang problems now affect more practitioners, and citizens can make conference and the Department of jurisdictions than ever before— informed decisions as to what programs Justice’s FY 2000 appropriation is not including rural and suburban areas (p. and approaches will best serve to yet final. Depending on the outcome of reinforce and continue existing trends these legislative actions, the structure of 1 Copies of the National Report can be obtained away from juvenile delinquency, by calling OJJDP’s Juvenile Justice Clearinghouse at OJJDP’s programs may be altered. If that 800–638–8736 or by visiting OJJDP’s Web site at violence, and victimization. occurs, OJJDP will make any necessary www.ojjdp.ncjrs.org and clicking on In this Proposed Comprehensive Plan, modifications to this Proposed Program ‘‘Publications.’’ OJJDP describes its priorities for funding

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.066 pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56085 activities authorized under Part C Abuse Act of 1990, as amended, 42 • Internal review of existing programs (National Programs) and Part D (Gang- U.S.C. § 13001 et seq. by OJJDP staff. Free Schools and Communities; OJJDP focuses its assistance funding • Internal review of proposed Community-Based Gang Intervention) of and support activities on the programs by OJP bureaus and Title II of the Juvenile Justice and development and implementation of Department of Justice components. • Delinquency Prevention (JJDP) Act. The programs with the greatest potential for Review of information and data activities authorized under Parts C and from OJJDP grantees and contractors. reducing juvenile delinquency and • D constitute part, but not all, of OJJDP’s improving the juvenile justice system by Review of information contained in overall responsibilities, which are establishing partnerships with State and State comprehensive plans. • Review of comments from youth outlined briefly below. local governments, American Indian service providers, juvenile justice In 1974, the JJDP Act established and Alaska Native jurisdictions, and practitioners, and researchers who OJJDP as the Federal agency responsible public and private agencies and provide input in proposed new program for providing national leadership, organizations. OJJDP performs its role of areas. coordination, and resources to develop national leadership in juvenile justice • Consideration of suggestions made and implement effective methods to and delinquency prevention through a by juvenile justice policymakers prevent and reduce juvenile cycle of activities. These include concerning State and local needs. delinquency and improve the quality of collecting data and statistics to • Consideration of all comments juvenile justice in the United States. determine the extent and nature of received during the period of public OJJDP administers State Formula Grants issues affecting juveniles, funding comment on this Proposed under Part B of Title II, State Challenge research and studies that can lead to Comprehensive Plan. Grants under Part E of Title II, and demonstrations funded by discretionary Community Prevention Grants under grants, evaluating demonstration Discretionary Grant Continuation Title V of the JJDP Act to assist States projects, sharing lessons learned from Policy and territories to fund a range of the field with practitioners through a OJJDP has listed on the following delinquency prevention, control, and range of information dissemination pages continuation projects currently juvenile justice system improvement vehicles, providing seed money to funded in whole or in part with Part C activities. OJJDP provides support States and local governments through and Part D funds and eligible for activities for these and other programs formula and block grants to implement continuation funding in FY 2000, either under statutory set-asides that are used programs, projects, or reform efforts, within an existing project period or to provide related research, evaluation, and providing training and technical through an extension for an additional statistics, demonstration, and training assistance to assist States and local project or budget period. A grantee’s and technical assistance services. governments to implement programs eligibility for continued funding for an Under Part C of Title II of the JJDP effectively and to maintain the integrity additional budget period within an Act, OJJDP funds Special Emphasis of model programs as they are being existing project period depends on the programs and—through its National replicated. grantee’s compliance with funding Institute for Juvenile Justice and As noted previously, OJJDP is a eligibility requirements and Delinquency Prevention—numerous component of the Office of Justice achievement of the prior year’s research, evaluation, statistics, Programs (OJP). This Department of objectives. The amount of award is demonstration, training and technical Justice agency emphasizes the based on prior projections, assistance, and information importance of coordination among its demonstrated need, and fund dissemination activities. OJJDP funds components and with other Federal availability. school and community-based gang agencies whenever possible in order to The only projects described in this prevention, intervention, and obtain maximum results from OJP Proposed Program Plan are those that suppression programs under Part D and programs and initiatives. OJJDP’s would receive Part C or Part D FY 2000 mentoring programs under Part G of coordination efforts include joint continuation funding under project Title II of the JJDP Act. OJJDP also funding, interagency agreements, and period or discretionary continuation coordinates Federal activities related to partnerships to develop, implement, assistance awards and program areas juvenile justice and delinquency and evaluate projects. This proposed that OJJDP is considering for new prevention through the Concentration of plan reflects OJJDP’s coordination awards under Part C or Part D in FY Federal Efforts Program and serves as efforts. For a more complete picture of 2000. This plan does not include the staff agency for the Coordinating OJP program activities that affect the descriptions of other OJJDP programs, Council on Juvenile Justice and field of juvenile justice, readers are including mentoring programs under Delinquency Prevention; both of these encouraged to review the Office of Part G of Title II of the JJDP Act, the activities are authorized in Part A of Justice Programs Fiscal Year 2000 Drug Prevention Program, the Enforcing Title II of the JJDP Act. Another OJJDP Program Plan when it becomes Underage Drinking Laws Program, the responsibility under the JJDP Act is to available. (Readers should check the Safe Schools Initiative, the Tribal Youth administer the Title IV Missing and OJP Web site at www.ojp.usdoj.gov Program, the Safe Start: Children Exploited Children’s Program. periodically for an announcement of the Exposed to Violence Initiative, and the Other programs administered by availability of the OJP Program Plan.) Juvenile Accountability Incentive Block OJJDP include the Drug Prevention Grants Program. When appropriate, Fiscal Year 2000 Program Planning Program, the Enforcing Underage OJJDP issues separate solicitations for Activities Drinking Laws Program, the Safe applications for funding for these or Schools Initiative, the Tribal Youth The OJJDP program planning process other programs that are not authorized Program, the Safe Start: Children for FY 2000 is being coordinated with under Parts C and D. Readers interested Exposed to Violence Initiative, and the the Assistant Attorney General, Office of in learning about all OJJDP funding Juvenile Accountability Incentive Block Justice Programs (OJP), and all OJP opportunities are encouraged to call Grants Program. OJJDP also administers components. The program planning OJJDP’s Juvenile Justice Clearinghouse programs under the Victims of Child process involves the following steps: at 800–638–8736 or visit OJJDP’s Web

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.067 pfrm02 PsN: 15OCN3 56086 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices site at www.ojjdp.ncjrs.org and click on system to juvenile delinquents, status for translating innovation and research ‘‘Grants & Funding.’’ offenders, and dependent, neglected, findings to infrastructure. Consideration for continuation and abused children. Continuation Programs funding for an additional project period • OJJDP supports efforts in the area of for previously funded discretionary corrections, detention, and community- OJJDP organizes its proposed grant programs will be based on several based alternatives to preserve the public programs under four broad categories factors, including the following: safety in a manner that serves the that reflect its program goals and the • The extent to which the project appropriate development and best use principles of the Comprehensive responds to the applicable requirements of secure detention and corrections Strategy. The following summaries of the JJDP Act. options, while at the same time fostering briefly describe some of the types of • Responsiveness to OJJDP and the use of community-based programs activities proposed for continuation Department of Justice FY 2000 program for juvenile offenders. funding in each category, subject to the priorities. • OJJDP seeks to support law appropriations for Parts C and D for FY • Compliance with performance enforcement, public safety, and other 2000. requirements of prior grant years. justice agency efforts to prevent juvenile • Compliance with fiscal and delinquency, intervene in the Public Safety and Law Enforcement regulatory requirements. development of chronic delinquent Eight programs related to the • Compliance with any special careers, and collaborate with the important public policy issue of conditions of the award. juvenile justice system to meet the proliferating youth gangs are a major • Availability of funds (based on needs of dependent, neglected, and focus of OJJDP’s proposals in this appropriations and program priority abused children. category. The programs range from determinations). In 1993, OJJDP published its demonstrations and replications of In accordance with Section 262 Comprehensive Strategy for Serious, (d)(1)(B) of the JJDP Act, as amended, 42 models to technical assistance and from Violent, and Chronic Juvenile Offenders, evaluation to data collection and U.S.C. § 5665a, the competitive process which set forth a research-based for the award of Part C funds is not analysis. Funds would also be provided comprehensive approach for addressing to a partnership between youth and required if the Administrator makes a the problems of juvenile crime and written determination waiving the health services agencies to continue victimization and for achieving its school-based activities and efforts to competitive process: program goals. The Comprehensive 1. With respect to programs to be address the effects on children of Strategy was developed to assist States exposure to domestic violence. Two carried out in areas in which the and local communities in preventing at- President declares under the Robert T. programs deal with a problem of risk youth from becoming serious, increasing public concern, gun violence. Stafford Disaster Relief and Emergency violent, and chronic juvenile offenders Assistance Act codified at 42 U.S.C. An evaluation is looking at the effect of and in crafting a practical response to transferring the responsibility for child § 5121 et seq. that a major disaster or those who do. Over the past few years, emergency exists, or protective investigations to law OJJDP has tested and refined the enforcement agencies. 2. With respect to a particular prevention and graduated sanctions program described in Part C that is components of the Comprehensive Delinquency Prevention and uniquely qualified. Strategy. In 1996, OJJDP began assisting Intervention Introduction to Fiscal Year 2000 three pilot sites to formulate the OJJDP proposes to fund a range of Program Plan Comprehensive Strategy plans at the programs that focus on reducing risk In administering the discretionary local level. Lessons learned from those factors and increasing protective factors grants program under Parts C and D of sites are being used in eight States to in children’s lives. The types of Title II, OJJDP has identified four goals implement a strategic planning and programs include demonstrations, as the major elements of a sound policy implementation process through State pilots, and replications of model that ensures public safety and security partnerships with up to six local programs; outreach; studies and while establishing effective juvenile jurisdictions that are developing and evaluations; and training and technical implementing their own comprehensive assistance. Beginning with early justice and delinquency prevention 2 programs. Achieving these goals, which strategies. programs such as prenatal nurse home are discussed below, is vital to This Proposed Plan also supports the visitation, OJJDP’s delinquency protecting the long-term safety of the Coordinating Council’s 1996 National prevention and intervention efforts public from juvenile delinquency and Juvenile Justice Action Plan, which feature arts programs for at-risk youth violence. grew out of the Comprehensive Strategy. and for those in detention and • OJJDP promotes delinquency This Action Plan, which the corrections facilities; programs that prevention and early intervention efforts Coordinating Council is currently assess the role of alcohol, illegal drugs, that reduce the flow of juvenile updating, provides eight objectives to mental health problems, and learning offenders into the juvenile justice reduce juvenile violence and describes disorders in juvenile delinquency and system, the numbers of serious and ways to meet these objectives. Together, programs that study effective violent offenders, and the development the Comprehensive Strategy and the interventions for these risk factors. of chronic delinquent careers. While Action Plan constitute a sound strategy Funding is also proposed for programs removing serious and violent juvenile to reduce truancy and keep students 2 For more information about the Comprehensive offenders from the street serves to Strategy, readers can request a copy of OJJDP Fact from dropping out of school, conflict protect the public, long-term solutions Sheet No. 9883, An Update on the Comprehensive resolution programs, programs that lie primarily in taking aggressive steps Strategy for Serious, Violent, and Chronic Juvenile discourage violence and hatred, and to stop delinquency before it starts or Offenders, by calling the Juvenile Justice programs that provide opportunities for becomes a pattern of behavior. Clearinghouse at 800–638–9736. Additional positive development and promote • information is available from the Comprehensive OJJDP seeks to improve the juvenile Strategy program section of OJJDP’s Web site at public awareness of effective solutions justice system and the response of the www.ojjdp.ncjrs.org/strategy/index.html. to juvenile crime.

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.068 pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56087

Strengthening the Juvenile Justice center whose tasks include investigating challenge the ability of the justice System the reasons for the overrepresentation of system to provide appropriate In this category, OJJDP proposes to minorities in the Texas juvenile justice treatment. system. Finally, national-level statistical support efforts to develop 3. Monitoring and Understanding the support, training and technical comprehensive approaches to juvenile ‘‘Whys’’ Behind Juvenile Crime Trends assistance programs, and a justice and delinquency prevention, clearinghouse are included in the OJJDP is considering support for a including programs designed to reform overarching category, as are an OJJDP rigorous study to better understand juvenile justice systems in specific management evaluation contract and juvenile crime trends. Numerous locations. Some programs attempt to telecommunications assistance. explanations have been offered for the increase youth’s accountability for their Descriptions of the specific programs recent decline in the juvenile violent behavior and to prevent violence, while in each of the five categories follow the crime rate but none with a solid others seek to improve the quality of discussion of new programs. empirical basis. A local-level inquiry youth’s legal representation and the would explore a wide range of factors equity and efficiency of the treatment of New Programs including policy, programmatic and youth (including girls and minorities) at As stated earlier, because this community initiatives, and other all points within the juvenile justice Proposed Plan is being published before potential variables that may help system, including points where the the FY 2000 appropriation is enacted, explain community trends. Both justice and mental health systems possible new programming can be retrospective and prospective intersect and the time when youth discussed only in the most general approaches are contemplated for better return to the community from terms. If there should be sufficient understanding juvenile crime trends. residential facilities. In addition, OJJDP funding to support new programs in 4. Developing Blueprint Programs would fund programs focusing on addition to those proposed for Through Replication and Evaluation providing the information base continuation funding, OJJDP is necessary for sound policymaking. considering 10 broad areas in which Another effort under consideration Examples include censuses and surveys new programs might be funded in FY involves building on the work currently of juveniles in facilities and on 2000. The public is asked to comment being done through the Blueprints for probation, an accurate program on these proposed areas, which are Violence Prevention project at the directory for use in the censuses and described briefly below. Center for the Study and Prevention of surveys, and a data analysis project. Violence (CSPV) at the University of 1. Improving the Juvenile Sanctioning Colorado. In the course of identifying 10 Child Abuse and Neglect and System effective ‘‘blueprint’’ programs, CSPV Dependency Courts OJJDP is considering several efforts to also found a number of highly Three programs fall within this improve the juvenile sanctioning promising programs that fit some, but category: Safe Kids/Safe Streets: system. As a result of new State laws not all, of its criteria for proven Community Approaches to Reducing over the past decade, juvenile effectiveness. OJJDP is considering Abuse and Neglect and Preventing correctional systems are increasingly funding a new project that would Delinquency, its national evaluation, being burdened with older, more violent replicate some of these promising and a research program focusing offenders, while still having programs in communities that specifically on the issue of child responsibility to serve less serious demonstrate a capacity to implement neglect. offenders. Areas of interest for possible and rigorously evaluate them, with the Overarching new programs concerning sanctions goal of increasing the number of include screening and assessment, key programs that communities can In addition to the activities in the four clinical issues, school-based probation confidently implement to reduce their categories described above, OJJDP services, educational needs of juveniles levels of youth violence, substance supports programs in a broader, in corrections and detention, training abuse, and delinquency through overarching category. These are and technical assistance for juvenile prevention, early intervention, and programs with significant elements probation officers, improvements in and treatment. common to more than one of the other alternatives to detention, and 5. Replicating Effective Juvenile four categories. Among the overarching correctional treatment and transition Delinquency Prevention and Treatment programs is a major longitudinal study programs for juvenile offenders. of the causes and correlates of Program Models on Native American delinquency, which is also providing an 2. Developing and Studying Programs Tribal Lands and in Alaskan Native opportunity for an examination of the Addressing Female Offenders Communities intergenerational transmission of OJJDP proposes to support In this program area, OJJDP would antisocial behavior. School violence is demonstration projects to test promising support an effort to assist Native addressed by a university-based programs that target the unique needs of American tribes in adapting a selected consortium and by a national resource female offenders. Recent research group of program models proven to be center. One initiative is assisting six indicates that females have become effective in communities outside Native communities in implementing increasingly involved in more serious American settings. The process would comprehensive programs to reduce and violent delinquent behavior, but draw on ethnographic and applied youth violence and delinquency. research on female delinquency is often behavioral science skills and Another program is evaluating a secondary to the study of males. techniques. The end products would demonstration program for reducing Although male and female delinquents include a replicable process to facilitate truancy. Research-based guidance will experience many of the same problems future tribal adaption and a set of be provided to States and others to (e.g., chaotic home environments, ‘‘generic’’ program models with improve juvenile justice services for poverty, substance abuse), female potential permutations reflecting students with disabilities. OJJDP offenders have unique needs (e.g., variations across Native American proposes to continue a crime prevention sexual abuse and teen pregnancy) that cultures. Four tribes funded by OJJDP

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.070 pfrm02 PsN: 15OCN3 56088 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices from 1992 to 1995 demonstrated that in this area, nor is there an examine certain programs, provide Native American tribes and Alaskan understanding of how these activities assistance to them if warranted, and Native communities can benefit from relate to each other or build upon an report to the Committees on assistance designed to accelerate existing knowledge base. Appropriations of both the House and program development but that they the Senate on its intention for each one. 9. Developing Prevention and Treatment require a significant level of technical Programs for Status Offenders These programs will also be listed in the assistance rooted in understanding of Final Program Plan. Native American culture, history, and OJJDP is considering funding tradition. programs that would identify the extent Fiscal Year 2000 Program Listing and nature of status offending, Overarching 6. Developing and Evaluating Model inventory best practices in addressing Practices Regarding the Efficacy of this behavior from around the county, Center for Students with Disabilities in Delinquency and Dependency Courts and support demonstration and the Juvenile Justice System Coalition for Juvenile Justice OJJDP is considering two efforts to replication of effective programs for Evaluation of the Truancy Reduction assist the juvenile court system in dealing with these offenders. Juveniles Program appropriately and efficiently handling who commit status offenses (truancy, Hamilton Fish National Institute on cases involving juvenile delinquency running away, curfew violations, School and Community Violence and dependency: one would evaluate incorrigibility, etc.) are very often taking Insular Area Support the effectiveness of model dependency their first steps into the juvenile justice Intergenerational Transmission of courts that are being implemented system. Prevention and treatment at this Antisocial Behavior Project throughout the United States and one early stage are less expensive and more Juvenile Justice Clearinghouse would develop a model juvenile effective than efforts to change Juvenile Justice Statistics and Systems delinquency court, including effective subsequent delinquent behavior. Development risk and needs assessment, best National Resource Center for Safe practices intake and probation services, 10. Supporting Field Initiated Research Schools and placement options. OJJDP would and Evaluation Programs National Training and Technical determine best practices by a survey of OJJDP is considering support for field- Assistance Center courts. initiated research and evaluation OJJDP Management Evaluation Contract projects that complement the new and OJJDP Technical Assistance Support 7. Reducing Lead and Environmental current programs outlined in this Contract—Juvenile Justice Resource Hazards Proposed Program Plan. OJJDP would Center OJJDP is considering support for a provide funding for innovative and Program of Research on the Causes and coordinated, interagency prevention, rigorous research that supports its Correlates of Delinquency education, and intervention program to mission in significant and creative SafeFutures: Partnerships To Reduce build local capacity through training ways. Topics explored in past OJJDP- Youth Violence and Delinquency and technical assistance to solve the funded field-initiated research include Technical Assistance for State problem of lead and other mental health issues in the juvenile Legislatures environmental hazards that affect justice system; juvenile sex offending; Telecommunications Assistance Texas Juvenile Crime Prevention Center children. Funding might also be gangs; evaluation of juvenile justice at Prairie View A&M University— provided for a limited pilot programs for female juvenile offenders; Enhancing Personal Training and demonstration. Children with elevated juvenile justice system operations, Understanding Minority levels of lead in their blood frequently sanctions, and treatments; and Native Overrepresentation in the Juvenile suffer from physical, neurobiological, American juvenile justice and Justice System and cognitive impairment, and possibly delinquency prevention. from later behavioral problems, Training and Technical Assistance including aggression and delinquency. Fiscal Year 2000 Programs Coordination for the SafeFutures and The programs that OJJDP proposes to Safe Kids/Safe Streets Initiatives 8. Addressing the Problem of Juvenile fund in FY 2000 are listed Sex Offending Public Safety and Law Enforcement alphabetically and summarized within Child Development-Community- OJJDP is considering support for an each of the five categories: Overarching, effort to inventory the research, Oriented Policing (CD–CP) Public Safety and Law Enforcement, Education on Gun Violence and Safety evaluation, and treatment efforts Strengthening the Juvenile Justice Evaluation of the Comprehensive currently under way and completed in System, Delinquency Prevention and Community-Wide Approach to Gang the area of juvenile sex offending, to Intervention, and Child Abuse and Prevention, Intervention, and assess these efforts, to identify needs Neglect and Dependency Courts. Suppression Program that might be supported in the future, With regard to implementation sites Evaluation of the Partnerships To and to outline an action plan to address and other descriptive data and Reduce Juvenile Gun Violence these issues. An additional product information, program priorities within Program would be an assessment of the each category will be determined based Evaluation of the Rural Gang Initiative feasibility of developing a technical on grantee performance, application Evaluation of the Transfer of assistance and training program. OJJDP quality, fund availability, and other Responsibility for Child Protective would also consider support for the factors. Investigations to Law Enforcement development of assessment instruments. As part of the appropriations process, Agencies Multiple efforts in the areas of research, Congress is likely to identify a number Gang-Free Communities Initiative evaluation, and service programs for of programs for funding consideration Gang Prevention Through Targeted juvenile sex offenders are under way, with regard to the grantee(s), the amount Outreach (Boys & Girls Clubs) but no unified inventory exists to of funds, or both. These programs will Juvenile Justice Law Enforcement provide an understanding of the status be listed in the Final Program Plan. Training and Technical Assistance of knowledge or treatment opportunities Congress is also likely to direct OJJDP to Program

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.071 pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56089

National Youth Gang Center Evaluation of the Department of Labor’s The Center for Students with Partnerships To Reduce Juvenile Gun Education and Training for Youthful Disabilities in the Juvenile Justice Violence Offenders Initiative System will provide guidance and Rural Gang Initiative Demonstration Evaluation of the Intensive Community- assistance to States, schools, justice Sites Based Aftercare Program programs, families, and communities to Technical Assistance to Gang-Free Evaluation of Teen Courts design, implement, and evaluate Schools and Communities Initiatives Helping Communities To Promote comprehensive educational programs, Training and Technical Assistance for Youth Development based on research-validated practices, the Rural Gang Initiative Intensive Community-Based Aftercare for students with disabilities who are Demonstration and Technical within the juvenile justice system. Delinquency Prevention and Assistance Program This program will be implemented by Intervention Juvenile Defender Training, Technical the University of Maryland through an Advertising Campaign—Investing in Assistance, and Resource Center award by the U.S. Department of Youth for a Safer Future The Juvenile Justice Prosecution Unit Education. No additional applications America’s Promise: Enhanced Juvenile Residential Facility Census will be solicited in FY 2000. Collaboration Linking Balanced and Restorative Coalition for Juvenile Justice Arts and At-Risk Youth Justice and Adolescents (LIBRA) Arts Programs for Juvenile Offenders in National Juvenile Justice Data Analysis This project supports the Coalition in Detention and Corrections Project its efforts to meet the statutory mandates Assessing Alcohol, Drug, and Mental National Juvenile Justice Program through the development of a technical Health Disorders Directory assistance capability that provides Communities in Schools—Federal The National Longitudinal Survey of training, technical assistance, and Interagency Partnership Youth 97 information to the State Juvenile Justice The Congress of National Black Performance-Based Standards for Advisory Groups. This would be Churches: National Anti-Drug Abuse/ Juvenile Correction and Detention accomplished through a series of Violence Campaign (NADVC) Facilities regional training and information A Demonstration Afterschool Program San Francisco Juvenile Justice Local workshops and a national conference Diffusion of State Risk-and Protective- Action Plan—Delancy Street Initiative designed to address the needs of the Factor Focused Prevention Survey of Juvenile Probation membership of the Coalition. This project would be implemented Hate Crime Technical Assistance to Native by the current grantee, the Coalition for Multisite, Multimodal Treatment Study American Tribes and Alaskan Native Juvenile Justice. No additional of Children With Attention Deficit/ Communities applications would be solicited in FY Hyperactivity Disorder TeenSupreme Career Preparation 2000. National Center for Conflict Resolution Initiative Education Training and Technical Support for Evaluation of the Truancy Reduction Nurse Home Visitation State and Local Jurisdictional Teams Demonstration Program Partnerships for Preventing Violence To Focus on Juvenile Corrections and In FY 1999, OJJDP awarded funds to Proactive Youth Program Detention Overcrowding Professional Development in Effective eight sites around the country to Classroom and Conflict Management Child Abuse and Neglect and implement truancy reduction projects. Risk Reduction Via Promotion of Youth Dependency Courts These sites included Athens, GA; Contra Development Costa, CA; Honolulu, HA; Houston, TX; National Evaluation of the Safe Kids/ Jacksonville, FL; King County, WA; Strengthening Services for Chemically Safe Streets Program Involved Children, Youth, and Suffolk County, NY; and Tacoma, WA. Research on Child Neglect Grantees represent a diversity of models Families Safe Kids/Safe Streets: Community Training and Technical Assistance and geographic locations. OJJDP also Approaches to Reducing Abuse and selected the Colorado Foundation for Program for the Arts Programs for Neglect and Preventing Delinquency Juvenile Offenders in Detention and Families and Children (CFFC) to Corrections Initiative Overarching conduct the national evaluation of the Truancy Reduction Demonstration Truancy Reduction Demonstration Center for Students With Disabilities in Program Program. As part of the evaluation, the Juvenile Justice System CFFC will (1) determine how Strengthening the Juvenile Justice During FY 1999, OJJDP undertook a community collaboration can impact System joint initiative with the Office of Special truancy reduction and lead to systemic Balanced and Restorative Justice (BARJ) Education and Rehabilitative Services, reform, and (2) assist OJJDP in the Training Project U.S. Department of Education to development of a community Building Blocks for Youth establish a Center for Students with collaborative truancy reduction program Census of Juveniles in Residential Disabilities in the Juvenile Justice model and identify the essential Placement System. The Secretary of Education and elements of that model. To this end, Circles of Care Program the Attorney General expect this project CFFC is helping project sites to further Community Assessment Center to have a significant impact on the identify and document the nature of the Comprehensive Children and Families improvement of juvenile justice system truancy problem in their communities, Mental Health Training and Technical services for students with disabilities. enhance the process of effective truancy Assistance Improvements in the areas of reduction planning and collaboration, Development of the Comprehensive prevention, educational services, and and incorporate that process into the Strategy for Serious, Violent, and reintegration based on a combination of implementation of the Truancy Chronic Juvenile Offenders research, training, and technical Reduction Demonstration Program at Development of Conduct Disorder in assistance will lead to improved results each site. In addition, CFFC is assisting Girls for children and youth with disabilities. sites in collecting information on truant

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.072 pfrm02 PsN: 15OCN3 56090 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices youth and documenting services. The delinquent behavior across three juvenile court administrators and judges project is scheduled to last 31⁄2 years. generations in a particularly high-risk need ready access to information that This project will be implemented by sample. Results of the study should will support the operation, the current grantee, Colorado provide useful findings with policy management, and decisionmaking of the Foundation for Families and Children. implications for prevention programs. full-service juvenile court system. No additional applications will be The program is being funded under an Knowledge and decisionmaking (which solicited in FY 2000. FY 1998 interagency agreement between should be the hallmark of every juvenile Hamilton Fish National Institute on OJJDP and the National Institute of justice system) requires not just the School and Community Violence Mental Health. collection of data, but the collaboration The project will be implemented by of the community leaders who will give The Institute, with assistance from the current grantee, SUNY Research meaning to the data. This is the focus of OJJDP, was founded in 1997 to serve as Foundation. No additional applications the forthcoming book, Juvenile Justice a national resource to test the will be solicited in FY 2000. With Eyes Open, which will be effectiveness of school violence Juvenile Justice Clearinghouse published in FY 2000 as part of the prevention methods and to develop Statistics and Systems Development more effective violence prevention A component of the National Criminal Project (Systems Development Track). strategies. The Institute’s goal is to Justice Reference Service (NCJRS), the Also in FY 2000, NCJJ will use the determine what works and what can be Juvenile Justice Clearinghouse (JJC) principles outlined in this publication replicated to reduce violence in collects, synthesizes, and disseminates to develop and field-test an approach America’s schools and their immediate information on all aspects of juvenile that local jurisdictions can employ to communities. The Institute works with justice. OJJDP established the systematically identify and then fulfill a consortium of seven universities Clearinghouse in 1979 to serve the their local information needs. This whose key staff have expertise in juvenile justice community, legislators, includes training local juvenile justice adolescent violence, criminology, law the media, and the public. JJC offers toll- leaders in the rational decisionmaking enforcement, substance abuse, juvenile free telephone access to information; model (RDM) as a design tool for justice, gangs, public health, education, prepares specialized responses to management information systems; behavior disorders, social skills information requests; produces, developing data specifications for an development and prevention programs. warehouses, and distributes OJJDP effective information system to meet The George Washington University publications; exhibits at national operational, management, and research develops and tests violence prevention conferences; maintains a comprehensive needs; identifying data needs from strategies in collaboration with the juvenile justice library and database; collateral service providers and data following universities: Eastern Kentucky and administers several electronic that would be of use to collaterals; and University, Florida State University, information resources. NCJRS is modeling agreements and protocols Morehouse School of Medicine, administered by the National Institute of with collateral service providers to Syracuse University, University of Justice (NIJ) under a competitively share case-level and/or aggregate data. Oregon, and University of Wisconsin- awarded contract to Aspen Systems This project would be implemented Milwaukee. Corporation. by the current grantee, the National This project will be implemented by This program will be implemented by Center for Juvenile Justice. No the current grantee, George Washington the current contractor, Aspen Systems additional applications would be University. No additional applications Corporation. No additional applications solicited in FY 2000. will be solicited in FY 2000. will be solicited in FY 2000. National Resource Center for Safe Insular Area Support Juvenile Justice Statistics and Systems Schools The purpose of this statutorily Development Program Since 1984, OJJDP and the U.S. required program is to provide support The Juvenile Justice Statistics and Department of Education have provided to the U.S. Virgin Islands, Guam, Systems Development (SSD) Program joint funding to promote safe schools. American Samoa, and the was competitively awarded in 1990 to This work has focused national Commonwealth of the Northern Mariana the National Center for Juvenile Justice attention on cooperative solutions to Islands. Funds are available to address (NCJJ) to improve national, State, and problems that disrupt the educational the special needs and problems of local statistics on juveniles as victims process. Because an estimated 3 million juvenile delinquency in these insular and offenders. The SSD project has incidents of crime occur in America’s areas, as specified by Section 261(e) of traditionally consisted of three tracks of schools each year, it is clear that this the JJDP Act of 1974, as amended, 42 work: National Statistics, problem continues to plague many U.S.C. § 5665(e). Dissemination, and Systems schools, threatening students’ safety and Development. In FY 2000, NCJJ will undermining the learning environment. Intergenerational Transmission of continue many activities under the first With FY 1998 funding, the U.S. Antisocial Behavior Project two tracks, including maintaining an Department of Education’s Safe and The purpose of this project is to extensive library of data files, producing Drug-Free Schools Program and OJJDP expand on the Rochester Youth Easy Access software packages and the established the National Resource Development Study by examining the Web-based OJJDP Statistical Briefing Center for Safe Schools under a 3-year development of antisocial behavior and Book, and continuing to service requests project period. This project expanded delinquency in the children of the for juvenile justice information. In FY the scope and provision of previous original Rochester, NY, subjects of 2000, additional funding from OJJDP training and technical assistance to OJJDP’s Program of Research on the will also enable NCJJ to enhance communities and school districts across Causes and Correlates of Delinquency. activities under the Systems the country. The grantee is working to By age 21, 40 percent of the original Development track of the project. help schools develop and put in place Rochester subjects were parents. This To meet the challenge of managing comprehensive safe school plans. It provides a unique opportunity to the cases of youth within their does this through onsite training and examine and track the development of jurisdiction effectively and efficiently, consultation to schools and

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.073 pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56091 communities, by creating and database of training and technical meetings and conferences, and provides distributing resource materials and assistance materials, and continued to administrative support to various tools, through Web-based information respond to training and technical Federal councils and boards. services, and by partnering with State- assistance requests from the field. This contract will be implemented by level agencies to build State capacity to In FY 1999, NTTAC was operated by the current contractor, Aspen Systems assist local education agencies. Through OJJDP staff with the support of the Corporation. No additional applications the inclusion on the project’s Advisory Juvenile Justice Clearinghouse, will be solicited in FY 2000 providing clearinghouse services and Committee of representatives of Program of Research on the Causes and maintenance of the 800 number. The Hamilton Fish National Institute on Correlates of Delinquency School and Community Violence and Fourth Grantee-Contractor meeting was other school-related training and conducted by OJJDP staff in Chicago and Since 1986, this longitudinal study technical assistance providers, this the training and technical protocols has addressed a variety of issues related project has developed training materials developed in 1998 were discussed for to juvenile violence and delinquency and information resources based on the final issue. These are being finalized and has produced a massive amount of latest research findings on effective and will be disseminated in FY 2000. A information on the causes and correlates programs and best practices. contract was awarded to Caliber of delinquent behavior. Three project The project will continue to be Associates to continue implementation sites participate: Institute of Behavioral implemented by the current grantee, of the Center. Science, University of Colorado at Northwest Regional Educational This project will be implemented by Boulder; Western Psychiatric Institute Laboratory. No additional applications the current grantee, Caliber Associates. and Clinic, University of Pittsburgh; and will be solicited in FY 2000. No additional applications will be Hindelang Criminal Justice Research solicited in FY 2000. Center, University at Albany, State National Training and Technical University of New York. The sites OJJDP Management Evaluation Contract Assistance Center pursue both collaborative research The National Juvenile Justice and This contract was competitively efforts and site-specific research. Results Delinquency Prevention Training and awarded in FY 1999 to Caliber from the study have been used Technical Assistance Center (NTTAC) Associates for a period of 3 years to extensively in the field of juvenile was established in FY 1995 under a provide OJJDP with an expert resource justice and contributed significantly to competitive 3-year project period award. to perform independent program the development of OJJDP’s NTTAC serves as a national training and evaluations and assist in implementing Comprehensive Strategy for Serious, technical assistance clearinghouse, evaluation activities. Evaluations may Violent, and Chronic Juvenile Offenders inventorying and coordinating the be conducted on OJJDP-funded and other program initiatives. integrated delivery of juvenile justice programs and on other programs This program will be implemented by training and technical assistance designed to prevent and treat juvenile the current grantees. No additional resources and establishing a database of delinquency. The time and cost of each applications will be solicited in FY these resources. evaluation depends on program 2000. NTTAC’s funding in FY 1996 complexity, availability of data, and provided services in the form of purpose of the evaluation. Because the Safe Futures: Partnerships To Reduce coordinated technical assistance purpose of many evaluations is to Youth Violence and Delinquency support for OJJDP’s SafeFutures and inform management decisions, the OJJDP is awarding grants of up to $1.4 gang program initiatives, continued completion of an evaluation and million annually to each of six promotion of collaboration between submission of a report may be required communities for a 5-year project period OJJDP training and technical assistance in a specific and, often, short time that began in FY 1995, to assist in providers, developed training/technical period. implementing comprehensive assistance materials, and completed and This program will be implemented by community programs designed to disseminated the first OJJDP Training the current contractor, Caliber reduce youth violence and delinquency. and Technical Assistance Resource Associates. No additional applications Boston, MA; Contra Costa County, CA; Catalog. will be solicited in FY 2000. Fort Belknap, MT (tribal site); Imperial In FY 1997, NTTAC disseminated a County, CA (rural site); St. Louis, MO; OJJDP Technical Assistance Support second, updated Training and Technical and Seattle, WA, were competitively Contract—Juvenile Justice Resource Assistance Resource Catalog; created a selected to receive awards under the Center Web site for the Center and a ListServe SafeFutures program on the basis of for the Children, Youth and Affinity This contract has been competitively their substantial planning and progress Group; held three focus groups on needs awarded since the mid-1980’s when in community assessment and strategic assessments; and coordinated and OJJDP identified the need for technical planning to address delinquency. provided 38 instances of technical assistance support in carrying out its SafeFutures seeks to prevent and assistance in conjunction with OJJDP’s mission. The Juvenile Justice Resource control youth crime and victimization training and technical assistance Center (JJRC) provides technical through the creation of a continuum of grantees and contractors. assistance and support to OJJDP, its care in communities. This continuum In FY 1998, NTTAC finalized the grantees, and the Coordinating Council enables communities to be responsive to jurisdictional team training and on Juvenile Justice and Delinquency the needs of youth at critical stages of technical assistance packages on critical Prevention in the areas of program their development by providing an needs in the juvenile justice system, development, evaluation, training, and appropriate range of prevention, updated the resource catalog, facilitated research. With assistance from expert intervention, treatment, and sanctions the annual OJJDP training and technical consultants, JJRC coordinates the peer programs. assistance grantee and contractor review process for OJJDP grant Each of the six sites will continue to meeting, continued to update the applications and grantee reports, provide a set of services that builds on repository of training and technical conducts research and prepares reports community strengths and existing assistance materials and the electronic on current juvenile justice issues, plans services and fills in gaps within their

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.074 pfrm02 PsN: 15OCN3 56092 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices existing continuum. These services has produced 21 telecasts. In FY 1999, skills courses. Each year for 3 years an include family strengthening; after OJJDP continued the cooperative intensive 2-week course will be offered school activities; mentoring; treatment agreement with EKU to provide program to the coordinators on managing and alternatives for juvenile female support and technical assistance for a monitoring service delivery and basic offenders; mental health services; day variety of information technologies and research and evaluation skills treatment; graduated sanctions for to explore linkages with key constituent development. serious, violent, and chronic juvenile groups to advance mutual information Funding in FY 2000 will allow offenders; and gang prevention, goals and objectives. During the past PVAMU to implement and test the intervention, and suppression. During year, EKU has experimented with curriculum that has been developed in the fourth year of the project, specific cybercasting ‘‘live’’ satellite the first 2 years, hold a third 2-week attention will be given to care videoconferences on the Internet. This project would be implemented seminar that develops skills in coordination and program managing and monitoring services and sustainability. by the current grantee, Eastern Kentucky A national evaluation is being University. No additional applications basic research and evaluation skills of conducted by the Urban Institute to would be solicited in FY 2000. the youth development coordinators, determine the success of the initiative and continue support for the study of Texas Juvenile Crime Prevention Center and track lessons learned at each of the the overrepresentation of minorities in at Prairie View A&M University— six sites. OJJDP has also committed a the Waller County Juvenile Court. Enhancing Personal Training and The project will be implemented by cadre of training and technical Understanding Minority assistance (TTA) resources to the current grantee, the Texas Juvenile Overrepresentation in the Juvenile Crime Prevention Center at Prairie View SafeFutures through a full-time TTA Justice System coordinator for SafeFutures and a host A&M University). No additional of partner organizations committed to This 3-year project was initially applications will be solicited in FY assisting SafeFutures sites. funded in FY 1998. The purpose of the 2000. SafeFutures activities will be carried program was to create the Texas out by the six current grantees. No Juvenile Crime Prevention Center at Training and Technical Assistance additional applications will be solicited Prairie View A&M University (the Coordination for the SafeFutures and in FY 2000. Center) and to have the Center Safe Kids/Safe Streets Initiatives undertake three initial tasks. These tasks OJJDP would continue funding for Technical Assistance for State included the development of a master’s long-term training and technical Legislatures degree in Forensic Psychology, the assistance to the SafeFutures and Safe Since FY 1995, OJJDP has awarded development of a training institute for Kids/Safe Streets initiatives. This annual grants to the National the coordinators of 13 community youth coordination effort builds local capacity Conference of State Legislatures to development projects, and a study to for implementing and sustaining provide relevant, timely information on investigate the factors contributing to effective continuum-of-care and systems comprehensive approaches in juvenile the disproportionate representation of chance approaches in six SafeFutures justice to aid State legislators in minority youth in the Texas juvenile and five Safe Kids/Safe Streets sites. improving State juvenile justice justice system. Project activities include assessment, systems. Nearly every State has enacted, The master’s degree in Forensic identification, and coordination of the or is considering, statutory changes Psychology includes a minimum of 30 implementation of training and affecting the juvenile justice system. semester hours, exclusive of thesis. The technical assistance needs at each of the This project has helped policymakers development of the curriculum and an sites and the administration of cross-site understand the ramifications and instrument to test its effectiveness will training. nuances of juvenile justice reform. The occur in the first 2 years of the grant. grant has improved capacity for the The courses for the master’s degree will This program would be implemented delivery of information services to be taught in the second and third years by the current grantee, Patricia legislatures. The project also supports with the testing of the effectiveness of Donahue. No additional applications increased communication between State the curriculum being completed by the would be solicited in FY 2000. end of the third year. The objectives of legislators and State and local leaders Public Safety and Law Enforcement who influence decisionmaking this curriculum development are to regarding juvenile justice issues. increase the understanding, knowledge, Child Development—Community- The project would be implemented by and skills of in-service professionals Oriented Policing (CD–CP) the current grantee, the National regarding juvenile behaviors; to increase Conference on State Legislatures. No the number of qualified professionals The Child Development— additional applications would be working with juvenile offenders; and to Community-Oriented Policing (CD–CP) solicited in FY 2000. decrease the number of juveniles who program is an innovative partnership become repeat offenders. between the New Haven Department of Telecommunications Assistance The training institute at Prairie View Police Services and the Child Study OJJDP uses information technology A&M University (PVAMU) will focus Center at the Yale University School of and distance training to facilitate access training on the coordinators of the Texas Medicine that addresses the to information and training for juvenile Department of Protective and Regulatory psychological burdens on children, justice professionals. This cost-effective Services Community Youth families, and the broader community as medium enhances OJJDP’s ability to Development Project. The 12 counties in children witness increasing levels of share with the field salient elements of Texas with the highest number of community violence. In FY 1993, OJJDP the most effective or promising juvenile arrests were selected to design provided support to document approaches to various juvenile justice comprehensive approaches to support Yale’New Haven’s child-centered, issues. In FY 1995, OJJDP awarded a families and enhance the positive community-oriented policing model. competitive grant to Eastern Kentucky development of youth. PVAMU is The model consists of interrelated University (EKU) to produce live offering the project coordinators training of police officers, consultation, satellite teleconferences. To date, EKU program management and evaluation and teaming mental health

VerDate 12-OCT-99 17:59 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\15OCN3.XXX pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56093 clinicians with law enforcement in of data, provide assistance for design for sites that are funded to intervening onsite with children and completion of interviews, and provide implement the model in subsequent families who witness violence. OJJDP, ongoing feedback to project sites. years. FY 2000 funding would support with first-year support from the Office This project will be implemented by the first year of the outcome evaluation. of Justice Programs’ Bureau of Justice the current grantee, the University of The current grantee is the National Assistance, funded a 3-year replication Chicago, School of Social Service Council on Crime and Delinquency. A of the model in Buffalo, NY; Charlotte, Administration. No additional decision regarding the funding NC; Nashville, TN; and Portland, OR. applications will be solicited in FY mechanism to support an outcome Other OJP components joined OJJDP in 2000. evaluation would be made in FY 2000. funding an expansion of CD–CP in FY Evaluation of the Partnerships To Evaluation of the Transfer of 1998. This expansion moved the project Reduce Juvenile Gun Violence Program into school-based activities and the area Responsibility for Child Protective of addressing exposure to violence in This project began with a competitive Investigations to Law Enforcement domestic settings and would continue to award in FY 1997 to document and Agencies do so in FY 2000. evaluate the process of community In response to concerns about the This project would be continued by mobilization, planning, and increasing demands on public child collaboration needed to develop a the current grantee, the Yale University welfare agencies, the safety of children, comprehensive, collaborative approach School of Medicine, in collaboration and the effectiveness of law to reducing gun violence involving with the New Haven Department of enforcement and social service agencies juveniles. The Partnerships to Reduce Police Services. No additional to deliver critical services, the State of Juvenile Gun Violence Program is being applications would be solicited in FY Florida has passed legislation that implemented in three sites: Baton 2000. allows for the transfer of the entire Rouge, Louisiana; Oakland, California: responsibility for child protective Education on Gun Violence and Safety and Syracuse, New York. The grantee, investigations to a law enforcement OJJDP proposes to continue COSMOS Corporation, would complete agency. Currently, three counties in partnering with the Bureau of Justice data collection for the impact portion of Assistance to support Education on Gun this evaluation and submit a final report Florida are in various stages of Violence and Safety. This project seeks in the next year. In addition to working implementing this transfer of to educate gunowners and parents about with the three Partnership sites, responsibility. This new project for FY how to safely use and store guns and COSMOS Corporation completed work 2000 will compare the outcomes in the how to protect children from gun in FY 1998 on the Promising Strategies three counties where responsibility is violence. Through a coordinated To Reduce Gun Violence Report. being transferred to the Sheriff’s Office communications, education, grassroots, COSMOS would develop a training and with three comparison counties in the and media campaign, the project will technical assistance protocol based on State of Florida. The project will reach gunowners and other caring its experience with the Partnership sites primarily be concerned with whether adults with important information on and the gun violence report. This children are safer, whether perpetrators preventing youth’s illegal access to and training and technical assistance of severe child abuse are more likely to unlawful use of guns. In FY 2000, based package would be used with additional face criminal sanctions, and whether upon critical communications research communities across the country that are there are impacts on other parts of the with gunowners, the communications focused on reducing gun violence child welfare system. Also, a thorough campaign will disseminate appropriate through a collaborative planning process evaluation will be conducted to educational materials. process. describe and compare the The program will be implemented by This evaluation and training implementation process across the three the current grantee, the National Crime development would be implemented by counties. Prevention Council and the Ad Council. the current grantee, COSMOS This project will be conducted by the No additional applications will be Corporation. No additional applications School of Social Work at the University solicited in FY 2000. would be solicited in FY 2000. of Pennsylvania. No additional applications will be solicited in FY Evaluation of the Comprehensive Evaluation of the Rural Gang Initiative 2000. Community-Wide Approach to Gang This initiative is a continuation of Gang-Free Communities Initiative Prevention, Intervention, and ongoing efforts to test OJJDP’s Suppression Program Comprehensive Gang Model. In FY In FY 2000, OJJDP will continue to OJJDP will continue funding this 1999, four rural sites began conducting explore the possibility of supporting up evaluation in FY 2000. Under a comprehensive assessments of their to 15 communities in assessing the competitive cooperative agreement local gang problem and engaging in youth gang problem and replicating the awarded in FY 1995, the evaluation program design to implement the OJJDP Comprehensive Gang Model. grantee assisted the five program sites Comprehensive Gang Model. These sites Although funding levels for these (Bloomington, IL; Mesa, AZ; Riverside, are Elk City, OK; Glenn County, CA; Mt. projects have not yet been determined, CA; San Antonio, TX; and Tucson, AZ) Vernon, IL; and Longview, WA.. The these communities will most likely in establishing realistic and measurable National Council on Crime and receive ‘‘challenge’’ grants or ‘‘seed’’ objectives, documenting program Delinquency (NCCD) is conducting case money to establish these programs and implementation, and measuring the studies to document and analyze the 1- to conduct a self-evaluation of their impact of this comprehensive approach. year community assessment and efforts. Technical assistance and It has also provided interim feedback to program planning efforts in the four support will be provided to these the program implementors and trained sites. These case studies will contribute communities through OJJDP’s National the local site interviewers. The grantee to the development of a model approach Youth Gang Center. will continue to gather and analyze data to assessment of community gang A separate program announcement for required to evaluate the program, problems in rural areas. NCCD will also this initiative is tentatively planned in monitor and oversee the quality control be developing an outcome evaluation FY 2000.

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.077 pfrm02 PsN: 15OCN3 56094 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices

Gang Prevention Through Targeted communitywide youth violence crime, (2) produce timely information Outreach (Boys & Girls Clubs) reduction strategies, police management on the nature and scope of the youth The purpose of this program is to of youth programs, tribal juvenile crime, gang problem, and (3) continue efforts to enable local Boys & Girls Clubs to and Chief Executive Officer responses to foster integration of gang-related items prevent youth from entering gangs, delinquency and violence. into other relevant surveys and national Throughout the program, the core intervene with gang members in the data collection efforts. issues of youth violence are examined This program would be implemented early stages of gang involvement, and through an appropriate set of responses by the current grantee, the Institute for divert youth from gang activities into to youth violence that are consistent Intergovernmental Research. No more constructive programs. This with effective police practice and a additional applications would be program reflects the ongoing positive future for America’s youth. In solicited in FY 2000. collaboration between OJJDP and the addition, key leaders from law Partnerships To Reduce Juvenile Gun Boys & Girls Clubs to reduce problems enforcement, prosecution services, the Violence of juvenile delinquency and violence. courts, corrections, probation, and other The Boys & Girls Clubs of America juvenile justice agencies are offered OJJDP will award continuation grants provides training and technical information, materials, solutions to to each of three competitively selected assistance to local gang prevention and management issues, and technical communities that initially received intervention sites, including some at assistance in the prevention and control funds in FY 1997 to increase the SafeFutures and OJJDP Comprehensive of youth crime. effectiveness of existing youth gun Gang sites, and other clubs and FY 1998 and 1999 funds supported violence reduction strategies by organizations through regional trainings the continuation of eight State, local, enhancing and coordinating prevention, and national conferences. In FY 1999, and tribal program workshops: The intervention, and suppression strategies the Boys & Girls Clubs added as many Chief Executive Officer Youth Violence and strengthening linkages among as 30 new gang prevention sites, 5 new Forum (CEO Forum); Managing Juvenile community residents, law enforcement, gang intervention sites, and at least 2 Operations (MJO); Gang, Gun, and Drug and the juvenile justice system. Baton ‘‘Targeted Reintegration’’ sites where Policy; School Administrators for Rouge, LA; Oakland, CA; and Syracuse, clubs work to provide services to youth Effective Operations Leading to NY, were selected to receive 3-year returning to the community from Improved Children and Youth Services awards. The goals of this initiative are juvenile correctional facilities to prevent (SAFE POLICY); Youth-Oriented to reduce juveniles’ illegal access to them from returning to gangs and Community Policing; Tribal Justice guns and address the reasons they carry violence. The Boys & Girls Clubs of Training and Technical Assistance; the and use guns in violent exchanges. A America will also hold a Delinquency Serious Habitual Offender national evaluation currently under way and Gang Prevention Symposium in Comprehensive Action Program will document the process of March 2000. A national evaluation of (SHOCAP); and the Youth Violence community mobilization, planning, and this program is being implemented by Reduction Comprehensive Action collaboration needed to develop a Public/Private Ventures. Program. comprehensive, collaborative approach This program would be implemented This program will be implemented by to reducing juvenile gun violence. by the current grantee, the Boys & Girls the current grantee, the International The Partnerships To Reduce Juvenile Clubs of America. No additional Association of Chiefs of Police under a Gun Violence program will be carried applications would be solicited in FY cooperative agreement with OJJDP. No out by the three current grantees, Baton 2000. additional applications will be solicited Rouge, LA; Oakland, CA; and Syracuse, Juvenile Justice Law Enforcement in FY 2000. NY. No additional applications will be solicited in FY 2000. Training and Technical Assistance National Youth Gang Center Program The proliferation of gang problems Rural Gang Initiative Demonstration Over the past decade, alarming over the past two decades led OJJDP to Sites reports of youth violence have appeared develop a comprehensive, coordinated In FY 1999, OJJDP supported four with increasing frequency in response to America’s gang problem. rural communities (Elk City, OK; Glenn publications and the news media. Law This response involved five program County, CA; Longview, WA; and Mount enforcement agencies across the Nation components, one of which was Vernon, IL) to conduct a comprehensive are responding to this sense of national implementation and operation of the assessment of the local youth gang emergency by changing many of their National Youth Gang Center (NYGC). problem in these communities. Each site policies and practices to cope with Competitively funded with FY 1994 has collected relevant data from juvenile crime and victimization. funds to expand and maintain the body multiple sources, including police, The Juvenile Justice Law Enforcement of critical knowledge about youth gangs schools, courts, and community Training and Technical Assistance and effective responses to them, NYGC residents, and has gathered various Program examines adolescent violence provides support services to the types of data, including gang crime data, in the United States both as a social National Youth Gang Consortium, data on the presence of risk factors for phenomenon and a policy issue. The composed of Federal agencies with gang membership, community program covers the range of youth responsibilities in this area. NYGC is demographics, and community surveys violence issues from crime statistics to also providing technical assistance for and focus groups. Once data collection new legislation. The program also sets the Rural Gang Initiative planning and is complete, the communities will use forth comprehensive analysis of key assessment phase. OJJDP proposes to these data in a comprehensive program areas of youth violence policy and extend the NYGC project an additional planning process to adapt and practice: youth firearm possession and year and provide FY 2000 funds to implement the OJJDP Comprehensive use, school violence and safety, youth- NYGC to (1) conduct more indepth Gang Model. In FY 2000, OJJDP will oriented community policing, gang and analyses of the National Youth Gang consider supporting these communities drug involvement, serious habitual Survey results that track changes in in the implementation of the OJJDP offenders, multidisciplinary gang membership and gang-related Comprehensive Gang Model. An

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.079 pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56095 independent evaluation of this effort Crime Prevention Council (NCPC) arts program that combines the arts with will also be conducted, along with advertising campaign Investing in Youth job training and conflict resolution technical assistance through the for A Safer Future through the transfer skills. This project includes summer National Youth Gang Center. of funds to the Bureau of Justice jobs or paid internships to enable youth This initiative would be implemented Assistance (BJA) under an intra-agency to put into practice the job and conflict by the four current grantees: Elk City, agreement. OJJDP and BJA are working resolution skills they are learning. By OK; Glenn County, CA; Longview, WA; with the NCPC Media Unit to produce, combining the arts with practical life and Mount Vernon, IL. No additional disseminate, and support effective experiences, at-risk youth gain valuable applications will be solicited for this public service advertising and related insights into their own abilities and the initiative in FY 2000. media to inform the public of effective possibilities that await them in the solutions to juvenile crime and to world of work if they continue to attend Technical Assistance to Gang-Free motivate young people and adults to get school, study, and graduate. The goal of Schools and Communities Initiatives involved and support these solutions. this program is to prevent and reduce In FY 1999, OJJDP began planning for The featured solutions include effective the incidence of juvenile delinquency, a potential school-centered gang prevention programs and intervention crime, and other problem behaviors initiative and a multisite replication of strategies. (e.g., substance abuse, teen pregnancy, the OJJDP Comprehensive Gang Model. The program would be administered truancy, and dropping out of school) in In FY 2000, OJJDP will consider by the Bureau of Justice Assistance at-risk youth 14 to 17 years old by supporting the National Youth Gang through its existing grant to the National providing a multicomponent arts Center with funds to provide technical Crime Prevention Council. No program that includes life skills assistance during the developmental additional applications would be training, the link between art and stages of this initiative and during the solicited in FY 2000. employment, and practical experiences implementation of these efforts in America’s Promise: Enhanced in the workforce. In FY 1999, in selected communities across the Collaboration collaboration with the Bureau of Justice country. The National Youth Gang Assistance, the Safe and Drug-Free Center is currently providing technical The Presidents’ Summit for America’s Schools Program of the U.S. Department assistance on OJJDP’s model to Future held in April 1997 in of Education, the National Endowment communities involved in OJJDP’s Rural Philadelphia represented the first-ever for the Arts, and the U.S. Department of Gang Initiative and to other OJJDP call to action by all living Presidents on Labor, OJJDP awarded grants to three grantees. a social initiative to encourage competitively selected communities OJJDP will consider a supplemental concerned citizens, communities, and (Chicago, IL; Philadelphia, PA; and award to the National Youth Gang the business, nonprofit, and government Tulsa, OK) to develop and implement Center to provide the technical sectors to work together to improve the this pilot demonstration program in the assistance. No new applications will be lives of children in the United States. arts. The grantees are receiving training solicited in FY 2000. The goals of America’s Promise, the and technical assistance support 501.c.3 established by General Colin through a provider selected by the Training and Technical Assistance for Powell in response to this summit, state National Endowment for the Arts and the Rural Gang Initiative that young people should have access to OJJDP In FY 1998, OJJDP provided five fundamental resources that are This program would be implemented supplemental funding support to the necessary to maximize their potential: by the current grantees, Chicago, National Youth Gang Center to provide (1) An ongoing relationship with a Philadelphia, and Tulsa. No additional training and technical assistance to caring adult (mentor, tutor, coach); (2) applications would be solicited in FY demonstration sites under OJJDP’s Rural safe places and structured activities 2000. during nonschool hours to learn and Gang Initiative. In FY 2000, training and Arts Programs for Juvenile Offenders in grow; (3) a healthy start; (4) marketable technical assistance would continue to Detention and Corrections be provided to those sites chosen to skills through effective education; and OJJDP would provide continuation implement the OJJDP Comprehensive (5) an opportunity to give back through support for arts programs for youth in Gang model. Training and technical community service. Hundreds of juvenile detention centers and assistance would focus on adapting the communities and organizations have corrections facilities. This initiative is OJJDP model to rural jurisdictions and made commitments to reaching these designed to increase opportunities to on implementing the model in a goals. OJJDP has been supporting those commitments through its various establish visual, performing, media, and theoretically sound manner. Assistance literacy artist-in-residence programs in would be delivered through onsite programs and initiatives over the past 2 years but now proposes to commit juvenile detention centers and visits, conferences, meetings, and other corrections facilities. The corrections means such as telephone and electronic funding support to America’s Promise, to enhance the program’s focus on and detention sites are encouraging the media. development of these programs by This initiative would be implemented volunteerism, and to support further coordination and expansion of existing convening interested arts organizations by the current grantee, the National and juvenile justice agencies to provide Youth Gang Center. No additional community resources, service programs, and initiatives that address the needs of training in arts program development to applications would be solicited in FY three competitively selected 2000. the Nation’s children and youth. The program will be implemented by demonstration sites (Gainesville, TX; Delinquency Prevention and America’s Promise. No additional Riviera Beach, FL; and Rochester, NY) Intervention applications will be solicited in FY and three competitively selected 2000. enhancement sites (Bronx, NY; Seattle, Advertising Campaign—Investing in WA; and Whittier, CA). The Youth for a Safer Future Arts and At-Risk Youth demonstration sites will develop and OJJDP would continue its support, OJJDP is considering continuation implement new arts-based programs for which began in FY 1997, of the National funding for an afterschool and summer adjudicated youth, and the

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.080 pfrm02 PsN: 15OCN3 56096 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices enhancement sites will demonstrate The project would be implemented by The program would be implemented practices that have achieved sustainable the current grantee, Northwestern by the current grantee, the Congress of programs. In addition to being required University. No additional applications National Black Churches. No additional to provide juvenile offenders in will be solicited in FY 2000. applications would be solicited in FY detention and corrections facilities with 2000. Communities In Schools, Inc.—Federal arts programming, sites also are required Interagency Partnership A Demonstration Afterschool Program to develop collaborative arts programs for youth returning to their This program would continue an The Demonstration Afterschool communities. The grantees are receiving ongoing national school dropout Program was funded in FY 1998 as a training and technical assistance prevention model developed and pilot afterschool program to reduce support through a provider selected by implemented by Communities In juvenile delinquency and increase the National Endowment for the Arts Schools, Inc. (CIS). CIS, Inc., provides school retention. This program, known and OJJDP training and technical assistance in as Estrella, offers the basic building This program would be implemented adapting and implementing the CIS blocks that are critical for preventing by the six current grantees. No model in States and local communities. juvenile delinquency and provides additional applications would be The model brings social, employment, youth with a chance to succeed solicited in FY 2000. mental health, drug prevention, academically and physically in an entrepreneurship, and other resources to environment that is conducive to Assessing Alcohol, Drug, and Mental high-risk youth and their families in the learning. Through a curriculum of Health Disorders Among Juvenile school setting. Where they exist, CIS hands-on science and reading projects Detainees State organizations assume primary and supervised recreation, Estrella is This project would supplement an responsibility for local program providing a constructive alternative to ongoing National Institute of Mental replication during the Federal afternoons of unsupervised free time. Health longitudinal study assessing Interagency Partnership. The Elementary students are the target alcohol, drug, and mental health Partnership is based on enhancing (1) population for this effort. New Mexico disorders among juveniles in detention CIS, Inc., training and technical Mathematics, Engineering, Science in Cook County, Illinois. The project has assistance capabilities; (2) CIS capability Achievement (NM MESA) provides the three primary goals: (1) to determine to introduce selected initiatives for academic component of the program, how alcohol, drug, and mental disorders youth at the local level; (3) the and middle and high school students act develop over time among juvenile information dissemination capability of as mentors to the elementary students in detainees; (2) to investigate whether CIS; and (4) the capability of CIS to a highly interactive learning juvenile detainees receive needed network with Federal agencies on behalf environment. The Regents of the psychiatric services after their cases of State and local CIS programs. With University of New Mexico’s Institute for reach disposition (and they are back in OJJDP’s support, CIS, Inc. would place Social Research designed this program the community or serving sentences); a special focus within the CIS Network and is evaluating it, using both and (3) to study the development of on family strengthening initiatives that qualitative and quantitative methods. dangerous and risky behaviors related to benefit both youth and their families. This project is at two sites, Loma Linda violence, substance use, and HIV/AIDS. The program would be implemented and Desert Trail Schools in the Gadsden The study is investigating how violence, by the current grantee, Communities In Independent School District, in Don drug use, and HIV/AIDS risk behaviors Schools, Inc. No additional applications Ana County, New Mexico, and serves develop over time, what the antecedents would be solicited in FY 2000. approximately 50 middle school of these behaviors are, and how these The Congress of National Black students and 100 elementary school behaviors are interrelated. This project Churches: National Anti-Drug Abuse/ students from the six Gadsden High is unique because the sample is so large: Violence Campaign (NADVC) School feeder schools. it includes 1,833 youth from Chicago This project will be implemented by who were arrested and interviewed The Congress of National Black the current grantee, the Regents of the between 1996 and 1998. The sample is Churches (CNBC) addresses the University of New Mexico. No stratified by gender, race (African problems of juvenile drug abuse, additional applications will be solicited American, non-Hispanic white, violence, and hate crime through its in FY 2000. Hispanic), and age (10–13, 14–17). national public awareness and Initial interviews have been completed, mobilization strategy. The strategy Diffusion of State Risk- and Protective- and extensive archival data (arrest and coordinates black religious leadership, Factor-Focused Prevention incarceration history, health and mental in cooperation with the U.S. Department Since FY 1997, OJJDP has provided health treatment, etc.) collected on each of Justice and other Federal agencies funds to the National Institute on Drug subject. The investigators have been and organizations, to mobilize Abuse, through an interagency tracking the subjects, and are now community residents to combat juvenile agreement, to support this 5-year study beginning to reinterview the drug abuse and drug-related violence. of the public health approach to adolescents. Because of their extensive The CNBC National Anti-Drug Abuse/ prevention, focusing on risk and and thorough tracking procedures, the Violence Campaign (NADVC) is a protective factors for substance abuse at investigators will be able to reinterview partner in the Education Development the State and community levels. The subjects regardless of whether they are Center’s (EDC’s) Juvenile Hate Crime study is identifying factors that back in the community, incarcerated, or Initiative. NADVC’s training and influence the adoption of the public have left the immediate area. The large technical assistance have helped sites health approach and assessing the sample size will provide sufficient leverage funds from public and private association between this approach and statistical power to study rarer disorders sources. The NADVC model for the the levels of risk and protective factors (especially comorbidity), patterns of development of prevention programs is and substance abuse among adolescents. drug use, and risky, life-threatening easily tailored to a local community’s The study will also examine State behaviors. OJJDP funding for this project assessment of its drug, delinquency, substance abuse data gathered from began in FY 1998. violence, and hate crime problems. 1988 through 2001 and use interviews

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.081 pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56097 to describe the process of implementing for policymakers at four national/State grantee provides training and technical the epidemiological risk- and protective- trainings targeted to reach juvenile assistance through onsite training and factor approach in Colorado, Kansas, justice, criminal justice, education, consultation for teams from schools, Illinois, Maine, Oregon, Utah, and youth-serving programs and youth; communities, and juvenile facilities; by Washington. develop a civil rights and hate crime providing resource materials including This project will be implemented by prevention guide for youth in English Conflict Resolution Education: A Guide the current grantee, the Social and Spanish for hate crime response to Implementing Programs in Schools, Development Research Group at the and prevention; and develop a training/ Youth-Serving Organizations, and University of Washington School of resource guide to assist juvenile justice, Community and Juvenile Justice Settings Social Work. No additional applications criminal justice educators, and other and an enhanced, interactive CD–ROM will be solicited in FY 2000. professionals who may or may not that teaches conflict resolution skills Hate Crime attend the OJJDP policymaker training. through the presentation of real-life EDC would produce an English and situations that confront young people; Under an OJJDP grant competitively Spanish version of the National Center and by partnering with State-level awarded in FY 1993, the Education for Hate Crime Prevention brochure and agencies to establish State training Development Center (EDC) developed continue to build partnerships with institutes and otherwise build local Healing the Hate: A National Bias Crime other national organizations involved in capacity to implement successful CRE Prevention Curriculum for Middle hate crime prevention. programs for youth. The Center also Schools, a multipurpose curriculum for This project would be implemented facilitates peer-to-peer mentoring. hate crime prevention in middle schools by the current grantee, Education The project will be implemented by and other educational settings. In FY Development Center. No additional the current grantee, the Illinois State Bar 1996, through an interagency agreement applications would be solicited in FY Association—Illinois LEARN. No with the U.S. Department of Education, 2000. additional applications will be solicited OJJDP expanded this grant to provide in FY 2000. training and technical assistance to Multisite, Multimodal Treatment Study youth, educators, juvenile justice and of Children With Attention Deficit/ Nurse Home Visitation law enforcement professionals, Hyperactivity Disorder In FY 2000, OJJDP would continue the representatives of local public/private OJJDP will transfer funds under an integration of Prenatal and Early community agencies and organizations, interagency agreement with the National Childhood Nurse Home Visitation into and the faith community. In FY 1999, Institute of Mental Health (NIMH) to five Operation Weed and Seed sites EDC provided training and technical support this research, funded (Clearwater, FL; Fresno, CA; Los assistance to new sites and further principally by NIMH. In 1992, NIMH Angeles, CA; Oakland, CA; and disseminated a training manual through began a study of the long-term efficacy Oklahoma City, OK) and one combined education and juvenile justice networks. of stimulant medication and intensive Weed and Seed/Safe Futures site (St. In the training area, EDC conducted a behavioral and educational treatment Louis, MO). Operation Weed and Seed regional, multidisciplinary training for for children with attention deficit/ is a national initiative to make practitioners. This training presented hyperactivity disorder (ADHD). communities safe through law current knowledge and best practices in Although ADHD is classified as a enforcement activities and to rebuild the areas of hate crime prevention and childhood disorder, up to 70 percent of crime-ridden communities across the response. EDC also conducted two afflicted children continue to country through social services and trainings designed according to a train- experience symptoms in adolescence economic redevelopment. SafeFutures is the-trainers model, to create a cadre of and adulthood. The study will continue an OJJDP initiative to assist in trainers across the Nation to teach the through 2000 and will follow the implementing comprehensive importance of innovative, effective hate original families and a comparison community programs designed to crime prevention and response group. OJJDP’s participation, which reduce youth violence, delinquency, strategies. Finally, EDC conducted hate began in FY 1998, will allow for and victimization through the creation crime prevention training sessions for investigation into the subjects’ of a continuum of care in communities. policymakers at 15 national/State delinquent behavior and contact with The integration of the Prenatal and Early trainings targeted to reach juvenile the legal system, including arrests and Childhood Nurse Home Visitation justice, criminal justice, education, court referrals. Program is co-funded by OJJDP, OJP’s youth-serving programs, and youth. EDC OJJDP will support this study through Executive Office for Weed and Seed, also developed a hate crime prevention an interagency agreement with the and the U.S. Department of Health and World Wide Web site (www.edc.org/ National Institute of Mental Health. No Human Services. hatecrime/html). During FY 1999, EDC additional applications will be solicited Several rigorous studies of the produced a Spanish language version of in FY 2000. Prenatal and Early Childhood Nurse Healing the Hate: A National Bias Crime Home Visitation Program model Prevention Curriculum for Middle National Center for Conflict Resolution indicate that it reduces the risks for Schools. In addition, EDC established Education early antisocial behavior and prevents partnerships with other national Funded under a competitively problems associated with youth crime organizations involved in hate crime awarded cooperative agreement in FY and delinquency, such as child abuse, prevention to maximize services, 1995, the National Center for Conflict maternal substance abuse, and maternal provide outreach opportunities, avoid Resolution Education works to integrate criminal involvement. A 15-year duplication of efforts, and promote conflict resolution education (CRE) followup of the original Nurse Home interdependent relationships in which programming into all levels of education Visitation program found that referrals, information, and training are in schools, juvenile facilities, and adolescents whose mothers received routinely exchanged. youth-serving organizations. In FY 1998, home visitation services over a decade With continuation funding in FY OJJDP entered into a partnership with earlier were less likely to have run 2000, EDC would continue to conduct the U.S. Department of Education to away, been arrested, and been convicted hate crime prevention training sessions expand and enhance this project. The of a crime than those whose mothers

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.082 pfrm02 PsN: 15OCN3 56098 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices had not received a nurse home visitor. that unite youth with law enforcement American and Caucasian children in They also had lower levels of cigarette officers, educators, and other positive several elementary schools in lower and alcohol use. adult role models. PAL programs and socioeconomic neighborhoods of The current program being activities are open to all youth between Columbia, SC. This project is designed implemented in the six sites targets low the ages of 5 and 18 and their families. to promote coping-competence and income, first-time mothers and their Special outreach efforts are made to reduce risk for conduct problems, infants to accomplish three goals: (1) target at-risk youth, including children aggression, substance use, delinquency Improve pregnancy outcomes by from persistently low-income families, and violence, and school failure helping women alter their health-related children with incarcerated family beginning in early elementary school. behaviors, including use of cigarettes, members, Native American youth living Children are being followed alcohol and drugs; improve their on reservations, and juveniles involved longitudinally throughout the 5 years of nutrition; and reduce risk factors for in gang activities. Local PAL programs the project. The program is funded premature delivery; (2) improve child have been initiated in the following through an interagency agreement with health and development by helping New Mexico communities: Bloomfield, the National Institute of Mental Health parents provide more responsible and Cochiti, Gallup, Las Cruces, Lordsburg, (NIMH), whose grantee is the University competent care for their children; and Roswell, Santa Fe, and Tohatchi. During of South Carolina. Funding has also (3) improve families’ economic self- FY 2000, additional programs will be been provided by the Centers for sufficiency by helping parents develop developed in Clovis, Grants, and Silver Disease Control and Prevention and the a vision for their own future, plan future City and in Dona Ana County. This National Institute on Drug Abuse. pregnancies, continue their education, program is being evaluated by the This program will be implemented and find work. Regents of the University of New under the interagency agreement with The project would be implemented by Mexico’s Institute for Social Research. the National Institute of Mental Health the current grantee, the University of The research design includes a process by the current grantee, the University of Colorado Health Services Center. No and outcome evaluation that will South Carolina. No additional additional applications would be document and assess the applications will be solicited in FY solicited in FY 2000. implementation, effectiveness, and 2000. Partnerships for Preventing Violence impact of this program. This project will be implemented by Strengthening Services for Chemically This program will continue for a the current grantee, the Regents of the Involved Children, Youth, and Families second year in a multiple funding University of New Mexico. No agreement among OJJDP, the U.S. The U.S. Departments of Justice and additional applications will be solicited Health and Human Services (HHS) Department of Education, and the U.S. in FY 2000. Department of Health and Human provide services to children affected by Services to provide support for distance Professional Development in Effective parental substance use or abuse. OJJDP training using satellite Classroom and Conflict Management administers this training and technical videoconferencing as the medium. The This North Carolina pilot initiative assistance program, which began in FY project, funded under a 3-year grant, was designed to improve classroom 1998, with funds transferred to OJJDP by consists of a series of six live, management and to assist in the HHS’s Substance Abuse and Mental interactive satellite training broadcasts creation of safe learning environments. Health Services Administration, through that focus on violence prevention Funds will be awarded in FY 2000 to a cooperative agreement with the Child programs and strategies that have the current grantee, the Center for the Welfare League of America (CWLA), a proven promising or effective. The Study of School Violence, to complete nonprofit organization. CWLA training is targeted to school and the initial phase of its pilot in recognizes that children and youth in community violence prevention partnership with the University of North the child welfare and juvenile justice personnel, health care providers, law Carolina and the North Carolina State systems are among the most at risk for enforcement officials, and other service Board of Education. The purpose of the developing an alcohol or other drug providers representing a variety of pilot program is to increase the ability problem (AOD). Typically these community-based and youth-serving of teachers and administrators to model children have more risk factors than organizations. To date, three events and use sound conflict resolution other children and fewer protective have been held with a fourth planned by practices by integrating skills training factors. This is especially true of youth October 15, 1999. into preservice curriculums at North in residential placement who have often The project will be implemented by Carolina schools of education and by witnessed or committed violent acts, the current grantee, Harvard University working with the North Carolina State have been physically or psychologically School of Public Health. No additional Board of Education to change abused, have experienced failure and applications will be solicited in FY curriculum requirements to include truancy in school, and have mental 2000. conflict resolution skills training in the health and substance abuse problems. Staff members in the residential child Proactive Youth Program context of effective classroom management. care system often have little or no In FY 1998, OJJDP funded the New The project will be implemented by substance abuse training. CWLA’s 1997 Mexico Proactive Youth Program. The the current grantee, the Center for the AOD survey documented that less than New Mexico Police Activities League Study of School Violence. No additional 25 percent of State child welfare (PAL) has implemented a statewide applications will be solicited in FY agencies provide training to group prevention project consisting of 2000. residential staffs on recognizing and recreational, educational, and cultural dealing with AOD problems. What activities for at-risk youth and their Risk Reduction Via Promotion of Youth further complicates this matter is that families. The goal of this effort is to Development partnerships between AOD programs reduce negative behavior and promote This program, also known as Early and child welfare facilities rarely exist, healthy behavioral patterns among New Alliance, is a large-scale prevention creating a lack of coordinated services Mexico’s youth by providing activities study involving hundreds of African for children of substance abusers and/or

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.084 pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56099 for substance abusing youth in Truancy Reduction Demonstration use of restitution, community service, residential care. Program and other innovative programs as part of As a 2-year project, CWLA proposes In FY 1998, OJJDP, the Executive a jurisdictionwide juvenile justice to identify five residential child welfare Office for Weed and Seed within the change from traditional retributive or sites, one in each of the CWLA’s five Office of Justice Programs, and the U.S. rehabilitative system models to regions, to demonstrate the effectiveness Department of Education jointly balanced and restorative justice of integrating AOD prevention/ engaged in a grant program to address orientation and procedures. The specific treatment strategies into existing child truancy. This program specifically steps for achieving this goal involve welfare and juvenile justice programs outlines four major comprehensive preparation of materials and training of and services, in order to educate staff components: (1) System reform and personnel interested in restorative and improve outcomes for adolescents accountability, (2) a service continuum justice and the ‘‘balanced approach.’’ participating in the programs. CWLA to address the needs of children and The steps also include providing onsite would also provide technical assistance adolescents who are truant, (3) data technical assistance to selected State to other member agencies replicating the collection and evaluation, and (4) a and local jurisdictions committed to various program models identified community education and awareness implementing the balanced approach. through their evaluations of the program from kindergarten through Materials development in FY 2000 will programs. grade 12 that addresses the need to include documents containing This jointly funded project would be prevent truancy and to intervene with information on restorative justice implemented by CWLA. No additional youth who are truant. The goals of this programs, practices, and policy applications would be solicited in FY program are to develop and implement directions. The materials will be useful 2000. or expand and strengthen for training juvenile justice system comprehensive truancy programs that practitioners and managers on the BARJ Training and Technical Assistance pool education, justice system, law model and for onsite technical Program for the Arts Programs for enforcement, social services and assistance. The training and technical Juvenile Offenders in Detention and community resources; identify truant assistance will be delivered at regional Corrections Initiative youth; cooperatively design and and national roundtables, juvenile OJJDP is collaborating with the implement comprehensive, systemwide justice conferences, and specialized National Endowment for the Arts in programs to meet the needs of truants; workshops. ‘‘Training of trainers’’ providing the technical assistance and design and maintain systems for programs will also be offered. There will program for the Arts Programs for tracking truant youth. OJJDP has be some concentration of BARJ Juvenile Offenders in Detention and awarded funds for this program to eight technical assistance at the State level Corrections Initiative. Grady Hillman sites: three non-Weed-and-Seed sites and on advancing judges’ and prosecutors’ leadership in the area of has been awarded a grant to provide received up to $100,000 each (Honolulu, restorative justice. Further, there will be technical assistance in the area of art- HI; Jacksonville, FL; and King County, an effort to involve corporations and based programming for juvenile WA), and five Weed and Seed sites foundations in supporting BARJ and offenders to support program received up to $50,000 each (Athens, initial exploration of introducing BARJ development and implementation; GA; Houston, TX; Martinez, CA; in higher education. Tacoma, WA; and Yaphank, NY). All provide ongoing technical assistance, This project will be implemented by sites are currently involved in a 6- and publish a document on the the current grantee, Florida Atlantic implementation of arts programming in month planning phase. University. No additional applications It is anticipated that during the next juvenile corrections and detention. The will be solicited in FY 2000. technical assistance will be for the 2 years, this program would focus on purpose of ensuring focused, the development of implementation and Building Blocks for Youth professional technical support for evaluation plans that link youth and The goals of this initiative are to program development and adolescents who are truant with protect minority youth in the justice implementation, including program community-based services and system and promote rational and design, artist selection and training, and programs, as well as on a full effective juvenile justice policies. These interaction between the arts implementation of the community’s goals are accomplished by the following organizations and the juvenile justice comprehensive systemwide plan to components: (1) Conducting research on system. The technical assistance prevent and intervene with the problem issues such as the impact on minority materials that will be developed through of truancy. This program would be youth of new State laws and the this national initiative will provide a evaluated by the Colorado Foundation implications of privatization of juvenile blueprint for communities that seek to for Families and Children who would facilities by profit-making corporations; undertake similar programs. The nature conduct a process evaluation that would (2) undertaking an analysis of of the Arts Programs for Juvenile identify factors contributing or decisionmaking in the justice system Offenders in Detention and Corrections impeding the successful and development of model affords a unique opportunity to develop implementation of a truancy program. decisionmaking criteria that reduce or new programs and enhance existing Truancy activities would be carried eliminate disproportionate impact of the programs while creating documentation out by the current grantees. No system on minority youth; (3) building instrumentations for the juvenile justice additional applications would be a constituency for change at the system. The sites provided technical solicited in FY 2000. national, State, and local levels; and (4) assistance are Bronx, NY; Gainesville, Strengthening the Juvenile Justice developing communication strategies TX; Riviera Beach, FL; Rochester, NY; System for dissemination of information. A fifth Seattle, WA; and Whittier, California. component, direct advocacy for This program would be implemented Balanced and Restorative Justice (BARJ) minority youth, is funded by sources by the current grantee, Grady Hillman. Training Project other than OJJDP. Funding by OJJDP No additional applications would be The BARJ project’s goal is to control began in FY 1998. Youth Law Center solicited in FY 2000. juvenile delinquency through increased has undertaken tasks to move this

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.085 pfrm02 PsN: 15OCN3 56100 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices initiative forward and will require intake and assessment for juveniles who terms of the 3-year interagency additional time and funding to complete have or are likely to come into contact agreement. the initial identified goals. with the juvenile justice system. The OJJDP will support this initiative This continuation will be main purpose of a CAC is to facilitate through an interagency agreement with implemented by the current grantee, the earlier and more efficient prevention the Center for Mental Health Services. Youth Law Center. No additional and intervention service delivery at the No additional applications will be applications will be solicited in FY ‘‘front end’’ of the juvenile justice solicited in FY 2000. 2000. system. In FY 1997, OJJDP funded two Development of the Comprehensive planning grants and two enhancement Census of Juveniles in Residential Strategy for Serious, Violent, and grants to existing assessment centers for Placement Chronic Juvenile Offenders a 1-year project period, a CAC In FY 1997, the Census of Juveniles in evaluation, and a technical assistance OJJDP has been providing support for Residential Placement (CJRP) replaced component. development of its Comprehensive the biennial Census of Public and Based on a limited competition Strategy for several years. This project Private Juvenile Detention, Correctional, among the four sites, in FY 1998, OJJDP will complete ongoing strategic and Shelter Facilities, known as the provided additional funding for 12 planning efforts in two States, Oregon Children in Custody census. CJRP months to one of the initial planning and Wisconsin, and provide collects detailed information on the sites (Lee County Sheriff’s Office in Lee implementation support in six States population of juveniles who are in County, FL) and to one of the initial that have completed the strategic juvenile residential placement facilities enhancement sites (Jefferson Center for planning process. OJJDP will also as a result of contact with the juvenile Mental Health in Jefferson County, CO). explore the addition of two or more justice system. New methods developed The two other sites (Human Service Comprehensive Strategy States in FY for CJRP are expected to produce more Associates, Inc. (HSA) in Orlando, FL, 2000. As in the original eight States, up accurate, timely, and useful data on the and the Denver Juvenile Court in to six local jurisdictions would be juvenile population, with less reporting Denver, CO) received increased funding identified to receive Comprehensive burden for facility respondents. The from Juvenile Accountability Incentive Strategy planning training and technical CJRP was conducted for the second time Block Grant funds to develop a fully assistance. OJJDP will continue to in October 1999. Data collection efforts operational CAC, including all four CAC provide technical assistance to further will continue into 2000. OJJDP conceptual elements. Increased funding assist States and local jurisdictions, anticipates delivery of the final data file was also provided to the national through training and technical by the end of FY 2000. evaluator, the National Council on assistance, in developing and This program would be implemented Crime and Delinquency. implementing the Comprehensive through an existing interagency During year 2, the Lee County Strategy. Further development and agreement with the Bureau of the Sheriff’s Office worked to design and update of the Guide for Implementing Census. No additional applications implement a comprehensive the Comprehensive Strategy for Serious, would be solicited in FY 2000. management information system that Violent, and Chronic Juvenile Offenders will serve as the backbone of the future will be completed in FY 2000. Circles of Care Program assessment center. The Jefferson Center This project will be implemented by In FY 1998, the Center for Mental for Mental Health further enhanced its the current grantees, the National Health Services (CMHS) initiated a assessment center by conducting an Council on Crime and Delinquency and program entitled ‘‘Circles of Care’’ to intensive review of existing assessment Developmental Research and Programs, build the capacity of selected Native tools and enhancing the case Inc. No additional applications will be American Tribes to develop a management process. In addition, both solicited in FY 2000. continuum of care for Native American Denver and Orlando (HSA) began Development of Conduct Disorder in youth at risk of mental health, substance developing fully operational CAC’s. Girls abuse, and delinquency problems. As In FY 2000, OJJDP will provide part of multiyear joint efforts with additional funding to support the full The purpose of this project is to CMHS, OJJDP entered into a 3-year implementation of OJJDP’s CAC concept examine the development of conduct interagency agreement to provide to the current grantees in Denver and disorder in a sample of 2,500 inner-city funding support to the Circles of Care Orlando. No additional applications girls who are ages 6 to 8 at the beginning Program. OJJDP transferred funds in will be solicited in FY 2000. of the study. The study will follow the girls annually for 5 years and will FY’s 1998 and 1999 to CMHS to support Comprehensive Children and Families the funding of one of nine sites. The provide information that is critical to Mental Health Training and Technical the understanding of the etiology, Circles of Care Program is designed to Assistance facilitate the planning and development comorbidity, and prognosis of conduct of a continuum of care. Under an FY 1999 interagency disorder in girls. This project is The currently funded projects will agreement, OJJDP transferred funds to important because delinquency in girls continue in FY 2000 through an the Center for Mental Health Services has been steadily increasing over the interagency agreement with the Center (CMHS) to support the new contract for past decade and a better understanding for Mental Health Services. No training and technical assistance for the of the developmental processes in girls additional applications will be solicited CMHS-funded Comprehensive Mental will help in identifying effective means in FY 2000. Health sites. These funds will be used of prevention and provide direction for to enhance the involvement of the juvenile justice responses to delinquent Community Assessment Center juvenile justice system in the systems of girls. The program is being funded The Community Assessment Center care that are being developed in each of under an FY 1999 interagency (CAC) program is a multicomponent the CMHS-funded sites. Funds will agreement between OJJDP and the demonstration initiative designed to test again be transferred to CMHS in FY National Institute of Mental Health. the efficacy of the CAC concept. CAC’s 2000 to support the training and The project will be implemented by provide a 24-hour centralized point of technical assistance and to meet the the current grantee, the University of

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.086 pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56101

Pittsburgh. No additional applications State agency and juvenile court data to Intensive Community-Based Aftercare will be solicited in FY 2000. estimate costs. Dissemination and Technical Assistance Program Evaluation of the Department of Labor’s This project will be implemented by Education and Training for Youthful the current grantee, the National This initiative supports Offenders Initiative Council on Crime and Delinquency. No implementation, training and technical additional applications will be solicited assistance, and an independent This evaluation will document the in FY 2000. evaluation of an intensive community- activities undertaken by two States based aftercare model in three awarded grants under the U.S. Evaluation of Teen Courts competitively selected demonstration Department of Labor’s (DOL’s) sites. The overall goal of the intensive This project, which OJJDP began in Education and Training for Youthful aftercare model is to identify and assist FY 1997, is measuring the effect of Offenders Initiative. Each DOL grantee high-risk juvenile offenders to make a handling young, relatively nonserious will provide comprehensive school-to- gradual transition from secure work education and training within a law violators in teen courts rather than confinement back into the community. juvenile correctional facility and in traditional juvenile or family courts. The Intensive Aftercare Program (IAP) followup and job placement services as Researchers are collecting data on model has three distinct, yet youth return to the community. It is several dimensions of program overlapping segments: (1) prerelease intended that the comprehensive outcomes, including postprogram and preparatory planning activities services developed under these grants recidivism and changes in teens’ during incarceration, (2) structured will serve as models for other juvenile perceptions of justice and their ability to transitioning involving the participation correctional facilities across the country. make more mature judgments. Analyses of institutional and aftercare staffs both The OJJDP-sponsored evaluation of of these dimensions will be used to prior to and following community these projects will be conducted in two compare youth handled in at least three reentry, and (3) long-term reintegrative phases. During Phase I, a process separate teen court programs with those activities to ensure adequate service evaluation will be conducted at each processed by the traditional juvenile delivery and the required level of social site to document the extent to which justice system. In addition, the study control. The three sites would complete educational, job training, and aftercare will conduct a process evaluation of the 5 years of program development and services were enhanced with DOL teen court programs, exploring legal, implementation in FY 2000. Followup funding. Also, the feasibility of administrative, and case processing data collection would continue into FY conducting an impact evaluation at each factors that affect the ability of the 2000 to capture information on youth site will be determined during Phase I. programs to achieve their goals. who transitioned back into the Phase II will entail conducting an community. In late FY 1999, Johns impact evaluation at one or both sites. This evaluation will be implemented Hopkins University, the current grantee, For those sites where a rigorous impact by the current grantee, the Urban would shift its focus from primarily evaluation can be conducted, the effects Institute. No additional applications providing training and technical of the program on job-related skills, will be solicited in FY 2000. assistance to grantees to developing a employment, earnings, academic Helping Communities To Promote comprehensive dissemination, training, performance, and recidivism will be Youth Development and technical assistance effort to State measured. juvenile justice systems throughout the This project will be implemented by OJJDP would continue to provide United States. the current grantee, the National support to the Institute of Medicine/ The IAP project would be Council on Crime and Delinquency. No National Research Council, National implemented by the current grantee, the additional applications will be solicited Academy of Sciences for a review and Johns Hopkins University. No in FY 2000. synthesis of existing evidence regarding additional applications would be Evaluation of the Intensive Community- the effectiveness of community-level solicited in FY 1999. Based Aftercare Program interventions and service programs Juvenile Defender Training, Technical designed to promote positive youth In FY 1995, OJJDP competitively Assistance, and Resource Center development. The strengths and awarded a grant to the National Council In FY 1999, OJJDP competitively on Crime and Delinquency to perform a limitations of measurement and funded the American Bar Association process evaluation and design an methodologies used to evaluate these (ABA) to develop and implement the outcome evaluation of the Intensive interventions will be assessed, as well Juvenile Defender Training, Technical Community-Based Aftercare as policy and programmatic Assistance, and Resource Center Demonstration and Technical implications of this research. In (Juvenile Defender Center) to support Assistance Program. In FY 1998, the addition to a final report that will training and technical assistance and to project was supplemented and extended synthesize the work of the committee, serve as a clearinghouse and resource for an additional 2 years to continue the brief summary ‘‘fact sheets’’ will be center for juvenile defenders in this outcome evaluation, which seeks to widely disseminated to policymakers, country. Recognizing that a lack of determine the extent of the differences local decisionmakers, program training, technical assistance, and between the Intensive Community- administrators, service providers, resources for juvenile defenders Based Aftercare Program (IAP) researchers, community organizers, and weakens the juvenile justice system and participants and the ‘‘regular’’ parolees, other key stakeholders. results in a lack of due process for the supervision and services provided to OJJDP would implement this program juvenile offenders, OJJDP provided seed both groups, and the cost-effectiveness through an interagency agreement with money in FY 1999 to fund the initial of IAP. Data collection is being the National Academy of Sciences. No planning and implementation of a accomplished using several methods Juvenile Defender Center. The grantee is additional applications would be including searching State police records expected to develop a partnership with solicited in FY 2000. to measure recidivism and analyzing other agencies and organizations that

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.087 pfrm02 PsN: 15OCN3 56102 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices will provide or help develop financial mental health and substance abuse Services. No additional applications resources to assist in sustaining a treatment, health services, conditions of will be solicited in FY 2000. permanent Center. The Center will be custody, staffing, and facility capacity. National Juvenile Justice Data Analysis designed to provide both general and Project staff have also drafted and tested Project specialized training and technical a questionnaire based on the interview assistance to juvenile defenders in the results. The census was tested in In 1998, OJJDP established the United States. The design will also October 1998. Census Bureau staff will National Juvenile Justice Data Analysis incorporate a resource center for prepare a report on the results of this Project (NJJDAP) to serve the critical purposes such as serving as a repository test and make specific recommendations information needs of the juvenile justice for the most recent litigation on key concerning changes and census community and OJJDP. The NJJDAP issues, a collection of sample briefs, and implementation. In 2000, OJJDP and produces analyses and disseminates information on expert witnesses. Census will work together to finalize the statistical information to the public and This project will be carried out by the census format and data collection to State and local policymakers. The current grantee, the American Bar methods. The census will be project serves as a principal resource to Association. No additional applications administered for the first time in accentuate and enhance OJJDP’s ability will be solicited in FY 2000. October 2000. to provide quality information to the This project would be conducted field of juvenile justice. The project uses Juvenile Justice Prosecution Unit through an interagency agreement with many national data sources to examine This American Prosecutors Research the Bureau of the Census, Governments issues critical to the juvenile justice Institute project’s goal is to increase and Division and Statistical Research system. The data sources used are not improve prosecutor involvement in Division. No additional applications limited to criminal justice or juvenile juvenile justice. The project will pursue would be solicited in FY 2000. justice data. In 1999, the NJJDAP has continuing needs assessment by a produced analyses based on the working group of experienced Linking Balanced and Restorative Justice and Adolescents (LIBRA) National Longitudinal Survey of Youth prosecutors regarding district attorney (NLSY), operated by the Bureau of Labor requirements in the juvenile area. The This project addresses effective Statistics. The NLSY is a national self- project will design and present interventions with the at-risk and report survey of youth that includes specialized training events for elected delinquent youthful population of several measures of juvenile offending. and appointed district attorneys and for Vermont, combined with Vermont’s Also, the NJJDAP has produced analyses juvenile unit chiefs. The training will determination to raise, support, teach, of the Census of Juveniles in Residential deal with prosecutor leadership roles in and nurture youth in their communities. Placement. the juvenile justice system and with the As a rural state, Vermont faces many of The project will be implemented by clarification or resolution of important the same issues plaguing larger, urban the current grantee, the National Center juvenile justice issues. Such issues are States, including underage drinking, for Juvenile Justice. No additional expected to include juvenile policy, drug abuse, education failure, and applications will be solicited in FY code revisions, resource allocation, mental health issues. The goal of this 2000. charging, transfer to criminal courts, program is to continue development of alternative juvenile programs, a comprehensive, integrated, balanced, National Juvenile Justice Program confinement, record confidentiality, and and restorative system of justice for Directory collaboration with other agencies. youthful offenders that holds them To conduct its statistical functions, Training will also address certain accountable for their actions to victims, OJJDP must maintain a current and evolving juvenile justice areas, such as protects the community, builds offender accurate list of all entities surveyed community prosecution, community skills and competencies, and offers either in the various censuses or in justice, restorative justice, community opportunities for positive connections surveys. This list currently consists of a assessment centers, and mental health to community members. OJJDP funding complete list of juvenile residential concerns, among others. In addition, the for the program began in FY 1998. Based facilities and a list of juvenile probation project will continue to develop training on the Balanced and Restorative Justice offices. As OJJDP expands its statistical and reference materials pertaining to (BARJ) philosophy of reparation, rather work, it will need to expand this listing significant juvenile justice topics. than retribution, the LIBRA project has as well. The list needs to contain This project will be implemented by created a network of Juvenile Reparative contact information for the various the current grantee, the American Boards, which hold youth immediately facilities or agencies and appropriate Prosecutors Research Institute. No accountable for their actions and information for sampling. During 2000, additional applications will be solicited provide direct services to youth, the Census Bureau would continue to in FY 2000. parents, victims, and community maintain the currently available members. The project will also continue Juvenile Residential Facility Census portions of the directory and would to pilot Community Justice Centers, explore expansions needed to monitor As part of a long-term relationship which demonstrate that the community other areas of juvenile justice such as with the Bureau of the Census, OJJDP is the core of the justice process and nonresidential correctional programs proposes to continue to fund the recognize youth as a vital part of the and juvenile court staff. development and testing of a new community. Also, a curriculum of This project would be conducted census of juvenile residential facilities. Competency Training Classes for through an interagency agreement with This census would focus on those youthful offenders and youth at risk of the Bureau of the Census, Governments facilities that are authorized to hold delinquency will be maintained and Division. No additional applications juveniles based on contact with the will focus on conflict resolution, social would be solicited in FY 2000. juvenile justice system. From interviews skills, problem solving, and with facility administrators and staff at decisionmaking. The National Longitudinal Survey of 20 locations, project staff have produced This program will be implemented by Youth 97 a detailed report discussing how best to the current grantee, the Vermont OJJDP proposes continuing to support capture information on education, Department of Social and Rehabilitation the third round of data collection, begun

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.088 pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56103 in FY 1997, by the National community release measures. Where given time. OJJDP began this effort in Longitudinal Survey of Youth 97 appropriate, the project will establish 1996 with assessments of current (NLSY97) through an interagency performance benchmarks and develop knowledge of probation and the need for agreement with the Bureau of Labor analytical reports regarding facility and information on this aspect of juvenile Statistics (BLS). The NLSY97 is system change that has occurred in the justice. The development efforts have so studying school-to-work transition in a test sites. far included site visits to three State nationally representative sample of This program would be implemented probation departments and local 8,700 youth ages 12 to 16 years old. BLS by the current grantee, the Council of probation departments in those States. is also collecting data on the Juvenile Correctional Administrators. An additional seven States will be involvement of these youth in antisocial No additional applications would be visited in the coming year. Based on this and other behavior that may affect their solicited in FY 2000. information, the Center for Survey transition to productive work careers. San Francisco Juvenile Justice Local Methods Research (CSMR) at the Bureau The survey provides information about Action Plan—Delancy Street Initiative of the Census will develop a survey risk and protective factors related to the methodology and a survey initiation, persistence, and desistance of In FY 1998, OJJDP provided funding questionnaire. The plans for this survey delinquent and criminal behavior and to the City and County of San Francisco, have expanded by necessity to include provides an opportunity to determine CA, to support the implementation of a efforts (already under way under a the generalizability of findings from comprehensive effort to reform the city’s separate agreement with the Bureau of OJJDP’s Program of Research on the juvenile justice system. San Francisco’s the Census) to list and categorize Causes and Correlates of Delinquency Comprehensive Juvenile Justice Local juvenile probation offices nationally. and other longitudinal studies to a Action Plan, facilitated by the Delancy Working with OJJDP, the Census Bureau nationally representative population of Street Foundation CIRCLE (Coalition to will develop a list of probation offices youth. Revitalize Communities, Lives and and several categorizations of these The program would be implemented Environments), represents the offices to facilitate the development of by the BLS under an interagency culmination of a unique, collaborative a sampling scheme. In the coming year, agreement. No additional applications needs assessment of the existing OJJDP and the Census Bureau will would be solicited in FY 2000. juvenile justice system. Based on this continue working on the specifications assessment, San Francisco identified six Performance-Based Standards for for this list and continue efforts to of the most critical gaps in the juvenile develop the list. Also, working with the Juvenile Correction and Detention justice system and proposed programs Facilities Governments Division of the Bureau of to fill those gaps: Community the Census, OJJDP will take the Performance-Based Standards for Assessment and Referral Center, Early necessary preliminary steps needed to Juvenile Correction and Detention Risk and Resiliency, Safe Haven, Safe implement the survey. OJJDP anticipates Facilities Program, which began with a Corridor, the Life Learning Academy, the first Survey of Juvenile Probation competitive OJJDP cooperative and the Life Learning Residential Center will take place in calendar year 2002. agreement awarded to the Council of for Girls. These six programs originated This project would be conducted Juvenile Correctional Administrators from the needs assessment and are a through an interagency agreement with (CJCA) in FY 1995, has developed a product of teams composed of the Bureau of the Census. No additional performance management system for the representatives from San Francisco and applications would be solicited in FY management of juvenile correctional its diverse communities. 2000. facilities. The system provides tools for In FY 1999, OJJDP provided funding Technical Assistance to Native monitoring and improving outcomes in to enhance services offered at the Life American Tribes and Alaskan Native six critical facility functions: providing Learning Residential Center (Academy), Communities security, safety, order, health care, an intensive life-changing, day educational, and mental health treatment program designed to turn The Technical Assistance to Native programming within a context that around the lives of youth with multiple American Tribes and Alaskan Native protects individual rights. Currently, 32 problems that include multigenerational Communities Program is designed to facilities, including 2 State systems, poverty, gang involvement, drug abuse, equip tribal governments with the have begun the implementation process, disciplinary problems, and school necessary information and tools to which consists of the data collection dropouts and failure. The Academy enhance or develop comprehensive, and analysis of baseline data; the aims to strengthen a youth’s bond with systemwide approaches to reduce development of an initial facility his family and extended family and the juvenile delinquency, violence, and improvement plan, which may include community, while providing complete victimization and increase the safety of financial support to make ‘‘life learning’’ instruction and their communities. In FY 1997, OJJDP improvements; and reassessment and education. Funding will also be used for awarded a 3-year cooperative agreement revision of the facility improvement program replication throughout the to the American Indian Development plan. During FY 2000, the program itself country. Associates (AIDA) to provide training is undergoing refinements to improve This project will be implemented by and technical assistance to Indian management of the process for the the current grantee, the City and County nations seeking to improve juvenile facilities. In addition, approximately 15 of San Francisco, in FY 2000. No justice services to children, youth, and new sites will begin the process, using additional applications will be solicited families. streamlined data collection and new in FY 2000. Throughout FY’s 1998 and 1999, diagnostic tools. In addition to working AIDA continued to provide technical with the participating facilities during Survey of Juvenile Probation assistance to Indian nations and this funding period, the project will OJJDP proposes to continue to support developed information materials for finalize the implementation model; the development of a survey of juvenile Indian juvenile justice practitioners, revise instruments, as needed; and probation offices. This survey will lead administrators, and policymakers. Topic develop criteria for determining full directly to national estimates of the areas covered Indian youth gangs; implementation, including the testing of numbers of juveniles on probation at a personnel competency building, such as

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.089 pfrm02 PsN: 15OCN3 56104 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices conducting effective preadjudication the program from the national office. assessment of the feasibility of an investigations and preparing reports; OJJDP funds support the evaluation impact evaluation. Westat will continue developing protocols to implement State component of the program, which is the process evaluation, which will now Children’s Code provisions that affect being implemented by an independent focus on tracking the implementation Native American children; establishing evaluator. efforts at each of the sites; continue sustainable, comprehensive community- This jointly funded Department of developing the national impact based planning processes that focus on Labor and OJJDP initiative will be evaluation; and continue working with the needs of tribal youth; and implemented by the current grantee, the local evaluators to develop their developing and implementing culturally Boys & Girls Clubs of America. No capacity to evaluate programs. Also, relevant policies, programs, and additional applications will be solicited Westat will add a fifth site to the practices. The technical assistance and in FY 1999. evaluation. materials also addressed the This evaluation will be implemented overlapping roles and jurisdiction of Training and Technical Support for by the current grantee, Westat, Inc. No Federal, State, and tribal justice State and Local Jurisdictional Teams To additional applications will be solicited systems, particularly in understanding Focus on Juvenile Corrections and in FY 2000. Detention Overcrowding the laws and public policies applicable Research on Child Neglect to or effective in Indian communities. Through systemic change within local In FY 2000, OJJDP would continue to juvenile detention systems or statewide In FY 2000, OJJDP will join several promote and provide technical juvenile corrections systems, this other Federal agencies, including the assistance to tribes seeking to develop project seeks to reduce overcrowding in Office of Justice Program’s National and enhance their juvenile justice facilities where juveniles are held. Institute of Justice, the U.S. Department systems. AIDA would provide training Competitively awarded in FY 1994 to of Education, and the Department of and technical assistance in the the National Juvenile Detention Health and Human Services’ National following emphasis areas: developing a Association (NJDA), in partnership with Institutes of Health and Administration community-based secondary prevention the San Francisco Youth Law Center, on Children, Youth, and Families (the program; developing a tribal justice the project provides training and Neglect Consortium), in funding probation system; developing technical assistance materials for use by research projects that will enhance multidisciplinary approaches to youth State and local jurisdictional teams. understanding of the etiology, extent, gang violence prevention; establishing NJDA selected three jurisdictions services, treatment, management, and risk assessment and classification (Camden, NJ; Oklahoma City, OK; and prevention of child neglect. This systems; developing comprehensive the Rhode Island Juvenile Corrections multiagency effort addresses the lack of strategies to handle offenders; System) for onsite development, research focusing specifically on the expanding referral and service delivery implementation, and testing of issue of child neglect. Child neglect may systems; developing cooperative procedures to reduce crowding. All relate to profound health consequences, interagency and intergovernmental three original sites have completed their place children at higher risk for a relationships; and developing work. The grantee is exploring variety of diseases and conditions, and technology to improve systems and additional sites for comprehensive interfere with normal social, cognitive, increased access to juvenile justice training and technical assistance in FY and affective development. Thus, child information. 2000. NJDA would also be initiating its neglect is a serious public health, This program would be implemented Jurisdictional Team Training Course in justice, social services, and education by the current grantee, the American FY 2000 at three sites that are problem, not only compromising the Indian Development Associates. No experiencing overcrowding in their immediate health of the Nation’s additional applications would be juvenile facilities. children, but also threatening their solicited in FY 2000. This project would be implemented growth and intellectual development, TeenSupreme Career Preparation by the current grantee, the National their long-term physical and mental Initiative Juvenile Detention Association. No health outcomes, their propensity for prosocial behavior, their future In FY 1998, OJJDP, in partnership additional applications would be solicited in FY 2000. parenting practices, and their economic with the U.S. Department of Labor’s productivity. (DOL’s) Employment and Training Child Abuse and Neglect and The research studies funded by this Administration, provided funding Dependency Courts initiative can focus on a range of issues, support to the Boys & Girls Clubs of including, but not limited to, the America to demonstrate and evaluate National Evaluation of the Safe Kids/ Safe Streets Program following: the antecedents of neglect; the TeenSupreme Career Preparation the consequences of neglect; the Initiative. This initiative provides OJJDP will continue funding the grant processes and mediators accounting for employment training and other related competitively awarded in FY 1997 to or influencing the effects of neglect; and services to at-risk youth through local Westat, Inc., Rockville, MD, for a treatment, preventive intervention, and Boys & Girls Clubs with TeenSupreme national evaluation to document and service delivery. Centers. In FY 1998, DOL funds explicate the process of community This program will be implemented supported program staffing in the mobilization, planning, and through an interagency agreement with existing 41 TeenSupreme Centers, and collaboration that has taken place before the National Institutes of Health. No in 1999, the number of sites was and during the Safe Kids/Safe Streets additional applications will be solicited expanded to 45. These 45 clubs are awards; to inform program staff of in FY 2000. provided funding support to hire an performance levels on an ongoing basis; employment specialist to work with the and to determine the effectiveness of the Safe Kids/Safe Streets: Community youth. Boys & Girls Clubs of America implemented programs in achieving the Approaches To Reducing Abuse and provides intensive training and goals of the Safe Kids/Safe Streets Neglect and Preventing Delinquency technical assistance to each site and program. The initial 18-month grant This 51⁄2 year demonstration program administrative and staffing support to began a process evaluation and an is designed to foster coordinated

VerDate 12-OCT-99 17:59 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4701 Sfmt 4703 E:\FR\FM\15OCN3.XXX pfrm02 PsN: 15OCN3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Notices 56105 community responses to child abuse Sault Ste. Marie Tribe of Chippewa consolidate and continue the gains and neglect. Several components of the Indians, MI; and Toledo, OH). Funds made in the past few years in combating Office of Justice Programs joined in FY were provided by OJJDP, the Executive juvenile delinquency and victimization. 1996 to develop this coordinated Office for Weed and Seed, and the OJJDP welcomes comments on this program response to break the cycle of Violence Against Women Office. Proposed Program Plan. early childhood victimization and later In FY 2000, continuation awards will Dated: October 8, 1999. criminality and to reduce child abuse be made to each of the current and neglect and resulting child demonstration sites. No additional Shay Bilchik, fatalities. OJJDP awarded competitive applications will be solicited in FY Administrator, Office of Juvenile Justice and cooperative agreements in FY 1997 to 2000. Delinquency Prevention. five sites (Chittenden County, VT; The programs described above will [FR Doc. 99–26797 Filed 10–14–99; 8:45 am] Huntsville, AL; Kansas City, MO; the further OJJDP’s goals and help to BILLING CODE 4410±18±P

VerDate 12-OCT-99 14:38 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4703 E:\FR\FM\A15OC3.092 pfrm02 PsN: 15OCN3 eDt 2OT9 44 c 4 99Jt100 O000Fm001Ft41 ft41 :F\MA5C.5 fm2PsN:15OCR3 pfrm02 E:\FR\FM\A15OC0.055 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 14:42Oct14, 1999 VerDate 12-OCT-99 federal register October 15,1999 Friday Rule Applicable toNewConstruction;Final Clarification ofFloodplainRequirements Single FamilyMortgageInsurance; 24 CFRParts200,203,and234 Development Housing andUrban Department of Part V 56107 56108 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999/ Rules and Regulations

DEPARTMENT OF HOUSING AND provisions of § 200.926d(c)(4) apply to duplication of effort, and would run URBAN DEVELOPMENT one- to four-unit homes and to counter to the principle of streamlining communities, whether or not the government processes. 24 CFR Parts 200, 203, and 234 community has adopted criteria for site Comment—Required flood insurance development. The revisions also clarify that is lesser of the outstanding balance [Docket No. FR±4323±F±02] that structures are subject to the same of the mortgage, value of building, or RIN 2502±AH16 elevation requirements, whether or not maximum amount of NFIP insurance they have basements. Finally, the available. One commenter was Single Family Mortgage Insurance; revisions remove obsolete provisions concerned about the language in Clarification of Floodplain concerning subdivisions and improved § 203.16a(c) that states that flood Requirements Applicable to New area processing and make a number of insurance must be maintained in an Construction conforming changes. amount equal to either ‘‘the outstanding balance of the mortgage, less estimated AGENCY: Office of the Assistant b. This Final Rule land costs, or the maximum amount of Secretary for Housing-Federal Housing This final rule adopts the revisions the NFIP insurance available with Commissioner, HUD. published in the April 30, 1999 respect to the property improvements, ACTION: Final rule. proposed rule without change. The whichever is less.’’ The commenter public comment period for the proposed wrote that subtracting the estimated SUMMARY: This final rule adopts rule closed on June 29, 1999. HUD land cost from the outstanding balance revisions to HUD’s regulations received 14 comments. Commenters of the mortgage could result in concerning flood hazard exposure and included trade associations, government situations where no flood insurance is single family mortgage insurance agencies, lending institutions, and required on a mortgaged building. The published for public comment in a housing developers. HUD appreciates commenter suggested requiring that the proposed rule on April 30, 1999. These the suggestions offered by commenters amount of flood insurance be at least revisions provide mortgagees with an and carefully considered the issues equal to the lesser of the outstanding additional means of complying with raised by them. For the reasons balance of the mortgage, the value of the HUD’s single family flood hazard discussed below, however, we have building, or the maximum amount of regulations and clarify a number of chosen not to implement these NFIP insurance available. provisions in HUD’s single family suggestions. This section of the HUD Response. While HUD mortgage insurance regulations. HUD preamble presents a summary of the appreciates the commenter’s suggestion, considered the comments received on issues raised by the public commenters the provision contained in § 203.16a(c) the April 30, 1999 proposed rule, but is and HUD’s responses to their comments. is not a direct subject of this adopting the revisions published in the Comment—Require submission of rulemaking. Consequently, we have not proposed rule without change. other evidence of compliance in made any changes in response to this DATES: Effective Date: November 15, addition to elevation certificate. One comment. HUD, however, will consider 1999. commenter wrote that an elevation this issue as a subject for a future FOR FURTHER INFORMATION CONTACT: certificate (EC) alone does not document rulemaking. Mark Holman, Chief, Mortgage compliance with National Floodplain Comment—HUD should conduct Underwriting and Insurance Branch, Insurance Program (NFIP) floodplain eight-step analysis required by Office of Insured Single Family management requirements. The Executive Order 11988. One commenter Housing, U.S. Department of Housing commenter suggested that the final rule wrote that the proposed rule, in effect, and Urban Development, 451 Seventh require, in addition to an elevation waives the full eight-step process Street, SW, Room 9270, Washington, DC certificate, the submission of other required by Executive Order 11988 20410–8000; telephone (202) 708–2121 evidence from the community that (entitled ‘‘Floodplain Management’’) for (this is not a toll-free telephone indicates that property improvements individual mortgage transactions. The number). Hearing-or speech-impaired comply with the community’s commenter suggested that HUD should persons may access this number via floodplain management regulations. The perform an analysis applying the eight- TTY by calling the toll-free Federal commenter listed a number of step process to the transactions covered Information Relay Service at (800) 877– documents that could be required to under the proposed rule. The 8339. satisfy this requirement, including a commenter suggested that the analysis building permit and a certificate of should balance the adverse impacts of SUPPLEMENTARY INFORMATION: occupancy issued by the community. placing fill in some floodplains against I. Background HUD Response. HUD agrees that the any benefits of the current rule in EC alone does not document discouraging floodplain development by a. The April 30, 1999 Proposed Rule compliance with NFIP floodplain requiring letters of map amendment On April 30, 1999, HUD published a management requirements. We do not (LOMA) and letters of map revision rule (64 FR 23480) for public comment believe, however, that it is necessary to (LOMR). that proposed certain revisions to HUD’s require additional documentation of HUD Response. The commenter has regulations concerning flood hazard compliance because local procedures misinterpreted HUD’s regulations. The exposure and single family mortgage already require these documents. For FHA single family mortgage insurance insurance. The revisions permit example, it is absolutely necessary for a program, both for new construction mortgagees to obtain an Elevation builder to obtain a building permit from (which this rule addresses) as well as for Certificate as an alternative to a final local authorities before construction existing construction, is not subject to Letter of Map Amendment or Revision commences. Similarly, all properties the requirements of Executive Order for submission with the Builder’s submitted to HUD for endorsement must 11988. HUD regulations at 24 CFR part Certification of Plans, Specifications, have been issued an occupancy permit 55 specifically address our and Site when property improvements by local authorities prior to submission. responsibilities and procedures are located in a Special Flood Hazard Requiring these additional documents, regarding the Executive Order. Prior to Area. The revisions clarify that all therefore, is unnecessary, would be a 1993, single family new construction

VerDate 12-OCT-99 14:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.055 pfrm02 PsN: 15OCR3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999/ Rules and Regulations 56109 was analyzed in an environmental certification requirements for allowing standing to a Voluntary Affirmative assessment, which included the construction on alluvial fans. Marketing Agreement in lieu of requirements of the Executive Order’s HUD Response. HUD appreciates submission of an Affirmative Fair eight-step analysis through HUD these commenters’ concern for building Housing Marketing Plan. subdivision processing procedures. affordable housing. Specific provisions Comment—Include ‘‘back-to-back’’ However, we terminated subdivision concerning alluvial fans, however, are units in § 200.926(a)(1). One commenter processing and approval in 1993. not the subject of this rulemaking. suggested that the language in Currently, all applications for mortgage HUD’s prohibition on mortgage § 200.926(a)(1) be expanded to include endorsement (insurance) are submitted insurance for properties in alluvial fans units that are ‘‘back-to-back’’ as well as to HUD by lenders after the structure is based on the hazard posed by location units that are ‘‘side-to-side.’’ The has been built and the applicable local in an alluvial fan and is not dependent commenter suggested using the entity has determined that it meets on the availability from the Federal language ‘‘where the units are joined in floodplain and other requirements. Emergency Management Agency some manner with adjacent living Comment—Clarify when flood (FEMA) of a LOMA or LOMR, which is units.’’ insurance must be purchased. One no longer required under this rule. HUD Response. We have reviewed commenter wrote that the preamble to Adding provisions to specifically this suggestion, but do not believe any the proposed rule was not clear about address alluvial fans in this rule would change or additional language is when flood insurance must be require the publication of a new necessary. Section 200.926 applies to purchased. The commenter suggested proposed rule for public comment, any one- to four-family structure, that the preamble to the final rule which would delay the publication of regardless of whether it is side-by-side, should clarify that flood insurance must this final rule. In addition, any decision back-to-back, stacked, or configured as a be purchased when an EC is submitted, to permit alluvial fans would require duplex, triplex, or fourplex. but not when a LOMA or LOMR is serious and detailed engineering and submitted. hydrological studies and analysis. These II. Findings and Certifications HUD Response. The commenter’s studies, of FEMA identified and Environmental Impact understanding about when flood designated alluvial fan areas, would be A Finding of No Significant Impact insurance must be purchased is correct. extremely time consuming and costly to (FONSI) with respect to the Whenever an EC is utilized, it indicates conduct on a ‘‘area by area’’ basis. The environment has been made in that improvements are in the base reliance on certifications would be accordance with HUD regulations at 24 floodplain, and, therefore, flood meaningless until such time as FEMA CFR part 50, which implement section insurance is mandatory. HUD will make completes their currently ongoing 102(2)(C) of the National Environmental this requirement clear in its processing studies of alluvial fans and makes a Policy Act of 1969 (42 U.S.C. 4332). The documents and will advise lenders by formal determination and issues FONSI is available for public inspection issuing a Mortgagee Letter. guidance, requirements, and regulations and copying between 7:30 a.m. and 5:30 Comment—Clarify rule and extend regarding the safety aspects of alluvial p.m. weekdays at the Office of the Rules comment period. Two commenters fans that should be considered and Docket Clerk, Room 10276, 451 Seventh urged HUD to clarify the proposed rule taken into account. For the preceding and requested that HUD extend the Street, SW, Washington, DC 20410. reasons, we have decided not to comment period in order to accomplish specifically address alluvial fans in this Paperwork Reduction Act Statement this. HUD Response. The commenters did rulemaking and have decided to The information collection not specify what aspects of the proposed proceed with the publication of this requirement contained at § 203.12 of rule needed clarification, and they gave final rule. this final rule has been approved by the Comment—Add provision no other justification for extending the Office of Management and Budget acknowledging Voluntary Affirmative comment period. Therefore, we have not (OMB) in accordance with the Marketing Agreement. One commenter extended the comment period. It is Paperwork Reduction Act of 1995 (44 suggested adding the following language important to note, however, that we U.S.C. 3501–3520) and assigned OMB to § 203.12(b)(3) at the end of the first accepted and considered all comments control number 2502–0496. An agency paragraph: received on the proposed rule, may not conduct or sponsor, and a including those that were received In lieu of submission of an Affirmative Fair person is not required to respond to, a shortly after the close of the comment Housing Marketing Plan, if the builder or collection of information unless the period. developer is, either through a state or local home builder association or directly, a collection displays a valid control Comment—Permit mortgage signatory to the Voluntary Affirmative number. insurance in those portions of alluvial Marketing Agreement (VAMA) between HUD Regulatory Flexibility Act fans that pose the same or less risk as and the National Association of Home riverine special flood hazards. A Builders, the builder or developer may meet The Secretary, in accordance with number of commenters suggested that the requirement of this section by certifying section 3(a) of the Regulatory Flexibility HUD should treat alluvial fans that pose to this effect on the Builder’s Certification of Act (5 U.S.C. 605(b)), has reviewed this the same or less risk as riverine special Plans, Specifications and Site. final rule before publication, and by flood hazards the same as riverine HUD Response. While HUD approving it certifies that this rule special flood hazards for the purpose of appreciates the commenter’s suggestion, would not have a significant economic issuing FHA mortgage insurance. These the suggestion is outside the scope of impact on a substantial number of small commenters wrote that these areas pose this rulemaking. However, it should be entities. no more severe a threat than do riverine noted that the provision that the This final rule serves two primary areas, and addressing them in the final commenter suggests is already part of purposes. First, it allows mortgagees rule will open up many areas to HUD procedures. Box 11 of the greater flexibility by permitting them to affordable housing that have previously Builder’s Certification of Plans, comply with floodplain requirements been closed. Two commenters suggested Specifications, & Site allows a builder to through the submission of an additional certain additional engineering certify that they are a signatory in good type of document. Second, the final rule

VerDate 12-OCT-99 14:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.056 pfrm02 PsN: 15OCR3 56110 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999/ Rules and Regulations removes obsolete provisions and makes Authority: 12 U.S.C. 1701–1715z–18; 42 (including basement) of the property clarifying amendments to the U.S.C. 3535(d). improvements is built at or above the regulations. These changes reflect 2. Revise § 200.926(a)(1) to read as 100-year flood elevation in compliance HUD’s current interpretation of its follows: with National Flood Insurance program regulations and would not increase the criteria 44 CFR 60.3 through 60.6. regulations’ burden. These changes are § 200.926 Minimum property standards for (B) Under the DE program, these being made in order to make the one and two family dwellings. mortgages are not eligible for insurance regulations clearer and more accurate. (a) * * * (1) Applicable structures. unless the DE mortgagee submits the The standards identified or contained in LOMA, LOMR, or Elevation Certificate Federalism this section, and in §§ 200.926a– to HUD with the mortgagee’s request for The General Counsel, as the 200.926e, apply to single family endorsement. Designated Official under section 6(a) of detached homes, duplexes, three-unit * * * * * Executive Order 12612 (entitled homes, and to living units in a structure ‘‘Federalism’’), has determined that the where the units are located side-by-side PART 203ÐSINGLE FAMILY policies contained in this final rule do in town house fashion. Section MORTGAGE INSURANCE not have substantial direct effects on 200.926d(c)(4) also applies to four-unit States or their political subdivisions, on homes. 4. The authority citation for 24 CFR part 203 continues to read as follows: the relationship between the Federal * * * * * Government and the States, or on the 3. Amend § 200.926d as follows: Authority: 12 U.S.C. 1709, 1710, 1715b, distribution of power and a. Revise paragraph (c)(1)(ii); and 1715u; 42 U.S.C. 3535(d). responsibilities among the various b. Revise paragraph (c)(1)(iii); 5. Revise § 203.12 to read as follows: levels of government. c. Revise paragraph (c)(4)(iv); and d. Remove paragraph (c)(4)(vii): § 203.12 Mortgage insurance on proposed III. List of Subjects or new construction. § 200.926d Construction requirements. 24 CFR Part 200 (a) Applicability. This section applies * * * * * to an application for insurance of a Administrative practice and (c) * * * procedure, Claims, Equal employment mortgage on a one-to four-family (1) * * * dwelling, unless the mortgage will be opportunity, Fair housing, Home (ii) With the exception of paragraph improvement, Housing standards, secured by a dwelling that: (c)(4) of this section, these site design (1) Was completed more than one year Incorporation by reference, Lead standards apply only in communities poisoning, Loan programs—housing and before the date of the application for that have not adopted criteria for site insurance or, under the Direct community development, Minimum development applicable to one and two property standards, Mortgage insurance, Endorsement Program, was completed family dwellings. more than one year before the date of Organization and functions (iii) Single family detached houses (Government agencies), Penalties, the appraisal; or situated on individual lots located on (2) Is being sold to a second or Reporting and recordkeeping existing streets with utilities need not requirements, Social security, subsequent purchaser. comply with the requirements of (b) Procedures. (1) Applications for Unemployment compensation, Wages. paragraphs (c)(2) and (c)(3) of this insurance to which this section applies 24 CFR Part 203 section. will be processed in accordance with Hawaiian Natives, Home * * * * * procedures prescribed by the Secretary. improvement, Indians—lands, Loan (4) * * * These procedures may only provide for (iv)(A) In all cases in which a Direct programs—housing and community endorsement for insurance of a mortgage Endorsement (DE) mortgagee or a development, Mortgage insurance, covering a dwelling that is: Lender Insurance (LI) mortgagee seek to Reporting and recordkeeping (i) Approved under the Direct insure a mortgage on a newly requirements, Solar energy. Endorsement Program or the Lender constructed one-to four-family dwelling Insurance Program; or 24 CFR Part 234 (including a newly erected (ii) Located in a subdivision approved Condominiums, Mortgage insurance, manufactured home) that was processed by the Rural Housing Service. Reporting and recordkeeping by the DE or LI mortgagee, the DE or LI (2) The mortgagee must submit a requirements. mortgagee must determine whether the signed Builder’s Certification of Plans, property improvements (dwelling and Specifications and Site (Builder’s PART 200ÐINTRODUCTION TO FHA related structures/equipment essential Certification). The Builder’s PROGRAMS to the value of the property and subject Certification must be in a form to flood damage) are located in a 100- prescribed by the Secretary and must PART 203ÐSINGLE FAMILY year floodplain, as designated on maps cover: MORTGAGE INSURANCE of the Federal Emergency Management (i) Flood hazards; Agency. If so, the DE mortgagee, before (ii) Noise; PART 234ÐCONDOMINIUM OWNER submitting the application for insurance (iii) Explosive and flammable MORTGAGE INSURANCE to HUD, or the LI mortgagee, before materials storage hazards; submitting all the required data (iv) Runway clear zones/clear zones; For the reasons stated in the regarding the mortgage to HUD, must (v) Toxic waste hazards; preamble, HUD amends 24 CFR parts obtain: (vi) Other foreseeable hazards or 200, 203, and 234 as follows: (1) A final Letter of Map Amendment adverse conditions (i.e., rock PART 200ÐINTRODUCTION TO FHA (LOMA); formations, unstable soils or slopes, PROGRAMS (2) A final Letter of Map Revision high ground water levels, inadequate (LOMR); or surface drainage, springs, etc.) that may 1. The authority citation for 24 CFR (3) A signed Elevation Certificate affect the health and safety of the part 200 continues to read as follows: documenting that the lowest floor occupants or the structural soundness of

VerDate 12-OCT-99 14:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.057 pfrm02 PsN: 15OCR3 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999/ Rules and Regulations 56111 the improvements. The Builder’s Agency (FEMA) as a floodplain area mortgage is insured in an amount at Certification must be provided to the having special flood hazards, or least equal to either the outstanding appraiser for reference before the (2) Are otherwise determined by the balance of the mortgage, less estimated performance of an appraisal on the Commissioner to be subject to a flood land costs, or the maximum amount of property. hazard, and if flood insurance under the the NFIP insurance available with (3) If a builder (or developer) intends National Flood Insurance Program respect to the property improvements, to sell five or more properties in a (NFIP) is available with respect to these whichever is less. subdivision, an Affirmative Fair property improvements, the mortgagor PART 234ÐCONDOMINIUM OWNER Housing Marketing Plan (AFHMP) that and mortgagee shall be obligated, by a MORTGAGE INSURANCE meets the requirements of 24 CFR part special condition to be included in the 200, subpart M must be submitted and mortgage commitment, to obtain and to 7. The authority citation for 24 CFR approved by HUD no later than the date maintain NFIP flood insurance coverage part 234 continues to read as follows: of the first application for mortgage on the property improvements during insurance in that subdivision. such time as the mortgage is insured. Authority: 12 U.S.C. 1715b and 1715y; 42 (b) No mortgage may be insured that Thereafter, applications for insurance U.S.C. 3535(d). Section 234.520(a)(2)(ii) is covers property improvements located on other properties sold by the same also issued under 12 U.S.C. 1707(a). in an area that has been identified by builder (or developer) in the same FEMA as an area having special flood § 234.1 [Amended] subdivision may make reference to the hazards, unless the community in 8. In § 234.1, remove the words existing previously approved AFHMP. which the area is situated is 6. Revise § 203.16a to read as follows: ‘‘Mortgage insurance on proposed or participating in the National Flood new construction in a new subdivision’’ § 203.16a Mortgagor and mortgagee Insurance Program and such insurance and add, in their place, the words requirement for maintaining flood insurance is obtained by the mortgagor. Such ‘‘Mortgage insurance on proposed or coverage. requirement for flood insurance shall be new construction’’. effective one year after the date of (a) If the mortgage is to cover property notification by FEMA to the chief * * * * * improvements (dwelling and related executive officer of a flood prone Dated: October 8, 1999. structures/equipment essential to the community that such community has William C. Apgar, value of the property and subject to been identified as having special flood Assistant Secretary for Housing-Federal flood damage) that: hazards. Housing Commissioner. (1) Are located in an area designated (c) The flood insurance must be [FR Doc. 99–26972 Filed 10–12–99; 3:10 pm] by the Federal Emergency Management maintained during such time as the BILLING CODE 4210±27±P

VerDate 12-OCT-99 14:42 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.059 pfrm02 PsN: 15OCR3 eDt 2OT9 44 c 4 99Jt100 O000Fm001Ft41 ft41 :F\MA5C.0 fm2PsN:15OCR4 pfrm02 E:\FR\FM\A15OC0.103 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 14:44Oct14, 1999 VerDate 12-OCT-99 federal register October 15,1999 Friday Revision CFR Part72;NoticeofPolicyStatement; Action AgainstNonlicenseesUnder10 NRC EnforcementPolicy; Certificates ofCompliance;FinalRule; Holders of,andApplicantsfor, Expand ApplicabilityofPart72to 10 CFRPart72 Commission Nuclear Regulatory Part VI 56113 56114 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

NUCLEAR REGULATORY The NRC Enforcement Policy 1 and its certificate holders or applicants for a COMMISSION implementing program was established CoC have not clearly been brought to support the NRC’s overall safety within the scope of part 72 10 CFR Part 72 mission in protecting public health and requirements. Because the terms safety and the environment. Consistent ‘‘certificate holder’’ and ‘‘applicant for a RIN 3150±AF93 with this purpose, enforcement actions certificate of compliance’’ do not appear are used as a deterrent to emphasize the in the above-cited part 72 regulations, Expand Applicability of Part 72 to importance of compliance with the NRC has not had a clear basis to cite Holders of, and Applicants for, requirements and to encourage prompt these persons for violations of part 72 Certificates of Compliance identification and comprehensive requirements in the same way it treats correction of the violations. licensees. When the NRC has identified AGENCY: Nuclear Regulatory Enforcement sanctions consist of Commission. a failure to comply with part 72 Notices of Violation (NOVs), civil requirements by these persons, it has ACTION: Final rule. penalties, and orders of various types. In issued an NON rather than an NOV. addition to formal enforcement actions, SUMMARY: The Nuclear Regulatory the NRC also uses related administrative Although an NON and an NOV appear Commission (NRC) is amending its actions such as Notices of to be similar, the Commission prefers regulations to clarify the obligations of Nonconformance (NONs), Confirmatory the issuance of an NOV because: (1) The holders of, and applicants for, Action Letters, and Demands for issuance of an NOV effectively conveys Certificates of Compliance (CoCs). These Information to supplement its to both the person violating the amendments will enhance the enforcement program. The NRC expects requirement and the public that a Commission’s ability to take licensees, certificate holders, and violation of a legally binding enforcement action against these applicants for a CoC to adhere to any requirement has occurred; (2) the use of persons when legally binding obligations and commitments that result graduated severity levels associated requirements are violated. This action from these actions and will not hesitate with an NOV allows the NRC to will emphasize the safety and regulatory to issue appropriate orders to ensure effectively convey to both the person significance associated with violations that these obligations and commitments violating the requirement and the public of the regulations. In addition, a new are met. The nature and extent of the a clearer perspective on the safety and section identifies recordkeeping and enforcement action are intended to regulatory significance of the violation; reporting requirements for certificate reflect the seriousness of the violation and (3) violation of a regulation reflects holders and applicants for a CoC. involved. An NOV is a written notice the NRC’s conclusion that potential risk EFFECTIVE DATE: This final rule is setting forth one or more violations of a to public health and safety could exist. effective on December 14, 1999. legally binding requirement. Over the last 2 years, the Commission FOR FURTHER INFORMATION CONTACT: The Commission published a has observed repeated problems with proposed rule in the Federal Register Anthony DiPalo, telephone (301) 415– the performance of several certificate (63 FR 39526; July 23, 1998). The 6191, e-mail, [email protected], of the Office holders. These problems have occurred of Nuclear Material Safety and comment period ended on October 6, in design, design control, fabrication Safeguards, U.S. Nuclear Regulatory 1998, and four comment letters were and corrective action areas. Problems in Commission, Washington, DC 20555– received on the proposed rule. these areas are typically covered under 0001. Discussion the QA program. In FY 1996, the NRC SUPPLEMENTARY INFORMATION: In promulgating subpart L, the NRC staff identified numerous instances Background intended that selected part 72 when certificate holders and their contractors and subcontractors failed to The Commission’s regulations at 10 provisions would apply to spent fuel comply with the requirements of part CFR part 72 were established to provide storage cask certificate holders and 72. The Commission has concluded that requirements for the issuance of licenses applicants for a CoC. For example, use of the additional enforcement for the storage of spent nuclear fuel in § 72.234(b) requires that, as a condition an independent spent fuel storage for approval of a CoC, ‘‘[d]esign, sanctions, which are available in the installation (ISFSI) (45 FR 74693; fabrication, testing, and maintenance of NRC Enforcement Policy, is required to November 12, 1980). In 1990, the spent fuel storage casks be conducted address the performance problems that Commission amended part 72 to include under a quality assurance program that have occurred in the spent fuel storage a process for approving the design of meets the requirements of subpart G of industry. Therefore, the Commission is spent fuel storage casks and issuance of this part.’’ However, the quality revising part 72 to explicitly state that a CoC (subpart L) and for granting a assurance (QA) requirements in subpart certificate holders and applicants for a general license to reactor licensees G refer only to licensees and applicants CoC must comply with part 72 (subpart K) to use NRC-approved casks for licenses, and not to certificate regulations. for storage of spent nuclear fuel (55 FR holders. Further, some subpart L regulations apply explicitly to ‘‘the Summary of the Proposed Rule 29181; July 18, 1990). In the past, the Amendments Commission has experienced applicant’’ (e.g., § 72.232) or to ‘‘the cask performance problems in the areas of vendor’’ (e.g., § 72.234(d)(1)). Some of The following is a summary of the design, design control, fabrication and these provisions are written in the amendments that were discussed in the quality control with holders of, and passive voice so that it is not clear who proposed rule (63 FR 39526; July 23, applicants for, a CoC under part 72. is responsible for meeting the 1998). This summary does not include requirement (e.g., § 72.236). Although When the NRC identifies a failure to changes made in the final rule in CoCs are legally binding documents, comply with part 72 requirements by response to public comments. A these persons, the enforcement summary of the final amendments is 1 NUREG–1600, Revision 1, ‘‘General Statement sanctions available have been limited to of Policy and Procedures for NRC Enforcement discussed in a separate section in this administrative actions. Actions,’’ May 1998 (at 63 FR 26630; May 13, 1998). notice.

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4701 E:\FR\FM\A15OC0.103 pfrm02 PsN: 15OCR4 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56115

Subpart A—General Provisions Commission’s intent was that certificate fabrication and testing of such casks. Section 72.2 Scope holders and applicants for a CoC follow This change would be made to ensure the QA regulations of part 72. Section completeness. The term spent fuel storage cask 72.234(b) required that activities would be added to paragraph (b) of this A new paragraph (b) includes a relating to the design, fabrication, requirement to permit the inspection of section. This is a conforming testing, and maintenance of spent fuel amendment. records related to design, fabrication, storage casks must be conducted under and testing of spent fuel storage casks. Section 72.3 Definitions a QA program that meets the This requirement would make clear the requirements of subpart G of part 72. The definitions for spent fuel storage responsibility of certificate holders and However, the 1990 amendments to part cask, certificate holder, and certificate of applicants for a CoC to permit access to 72 did not amend subpart G to include compliance would be added to this these records. This requirement is certificate holders and applicants for a section. The term spent fuel storage cask similar to the existing inspection and CoC. In addition, other changes have would be added to the existing testing regulations in 10 CFR Parts 30, been made to individual sections of definitions for design bases and 40, 50, and 70. subpart G as described below. structures, systems, and components In § 72.140, paragraphs (a) and (b) Section 72.234 Conditions of Approval (SSC) important to safety. The definition have been revised to clarify the for design capacity would be revised to responsibilities of a certificate holder This section has been revised to be consistent with the Commission’s and a licensee with respect to who is clarify who is responsible for policy on use of metric units. responsible for ensuring that the QA accomplishing these requirements. The term ‘‘cask vendor’’ has been replaced Section 72.9 Information Collection program is properly implemented. with ‘‘certificate holder.’’ The term Requirements: OMB Approval Paragraph (c) has been revised to ‘‘cask user’’ has been replaced with ‘‘the This section would be revised as a provide milestones for a licensee and a certificate holder when the NRC must licensee using the spent fuel storage conforming amendment, because of the cask.’’ Although the replacement term addition of new § 72.242. approve their QA program. Paragraph (d) has been revised to permit use of an in the proposed rule was ‘‘the general Section 72.10 Employee Protection NRC-approved QA program that licensee using the cask’’ because a and satisfies the requirements of subpart H specific licensee cannot utilize the to part 71 and subpart G of part 72, as provisions of subparts K and L, it is Section 72.11 Completeness and conceivable that, in the future, a specific Accuracy of Information well as an approved program under Appendix B to part 50. The notification licensee could become a user of a The terms certificate holder and requirement in paragraph (d) would be certified cask. Accordingly, the NRC applicants for a Commission license or revised to require that the NRC be prefers the broader term. A similar a CoC would be added for clarification. notified in accordance with the standard change is made in § 72.240 as proposed. Further, edits would be made in Subpart D—Records, Reports, notification requirements contained in §§ 72.234 and 72.236 to clarify that all Inspections, and Enforcement § 72.4. To provide clarity, § 72.142 has been references to ‘‘casks’’ are references to Section 72.86 Criminal Penalties rearranged. The new paragraph (a) has ‘‘spent fuel storage casks.’’ In addition, Paragraph (b) currently includes those been revised to indicate that all of the the acronym ‘‘CoC’’ would be used in sections under which criminal sanctions persons associated with QA activities place of the term ‘‘Certificate of are not issued. This paragraph has been for an ISFSI or a spent fuel storage cask Compliance,’’ where appropriate. revised to delete the reference to (i.e., the licensee, certificate holder, and Section 72.236 Specific Requirements § 72.236. This section is being revised to applicants for a CoC or license, and in for Spent Fuel Storage Cask Approval provide that failure to comply with the the proposed rule their contractors and specific requirements for spent fuel subcontractors) are responsible for This section has been revised to storage cask approval would be subject implementation of the QA program. clarify who is responsible for to the criminal penalty provision of In § 72.144 paragraphs (a) and (b), accomplishing these requirements. A § 223 of the Atomic Energy Act. § 72.154 paragraph (b), § 72.162, and new sentence would be added at the Similarly, certificate holders and § 72.168 paragraph (a), the term spent beginning of this section to specify who applicants who fail to comply with the fuel storage cask has been added to the has responsibility for ensuring that each new § 72.242 (Recordkeeping and terms ISFSI and MRS. of the requirements contained in reports) would also be subject to paragraphs (a) through (m) is met. This criminal penalties. Therefore, § 72.242 Subpart L—Approval of Spent Fuel section has been reissued as being will not be included in § 72.86(b). Storage Casks subject to the criminal penalty Section 72.232 Inspection and Tests provisions of § 223 of the Atomic Energy Subpart G—Quality Assurance This section has been reformatted by Act. Applicants for a CoC would not be Sections 72.140 Through 72.176 adding a new paragraph (b) and required to ensure that the requirements In the proposed rule, the term renumbering existing paragraphs (b) and of paragraphs (j) and (k) were met ‘‘certificate holder and applicants for a (c). In paragraphs (a), (b), and (c), the because these requirements apply to CoC and their contractors and term ‘‘applicant’’ has been replaced activities that can only occur after a cask subcontractors’’ is added, as with ‘‘certificate holder and applicant has been fabricated, and an applicant appropriate, to these sections to define for a CoC.’’ In paragraph (d), the term cannot begin fabrication of a cask until explicitly those responsibilities ‘‘applicant’’ would be replaced with a CoC has been issued (see § 72.234(c)). associated with QA requirements. In ‘‘certificate holder and applicant for a Section 72.240 Conditions for Spent 1990, when the Commission added CoC.’’ Fuel Storage Cask Reapproval subparts K and L to part 72 to provide Paragraph (a) has been revised to a process for approving the design of a permit the inspection of the premises This section has been revised to spent fuel storage cask, which would be and activities related to the design of a clarify who is responsible for used under a general license, the spent fuel storage cask as well as to the accomplishing these requirements. The

VerDate 12-OCT-99 18:23 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\15OCR4.XXX pfrm01 PsN: 15OCR4 56116 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations term ‘‘user of a cask’’ has been replaced program). The NRC believes these issues the design of a spent fuel storage cask, with ‘‘the licensee using the spent fuel are beyond the scope of this rule. without prior NRC approval, is beyond storage cask’’ and the term ‘‘cask A review of the comments and the the scope of this rulemaking. However, model’’ has been replaced with ‘‘design Commission’s responses follow: the Commission has approved a of a spent fuel storage cask.’’ The term 1. Comment: One commenter, a separate final rule on ‘‘Changes, Tests, ‘‘representative of a cask user’’ has been certificate holder, recommended for and Experiments’’ (64 FR 53582; replaced with ‘‘the representative of the clarity that in the proposed definition of October 4, 1999) that addresses the licensee using the spent fuel storage ‘‘certificate holder’’ in § 72.3, the words issues raised by the commenter. The cask.’’ In addition, the acronym ‘‘CoC’’ ‘‘company’’ or ‘‘organization’’ replace ‘‘Changes, Tests, and Experiments’’ final is used in place of the term ‘‘Certificate the word ‘‘person,’’ because a certificate rule revises § 72.48 to permit a of Compliance’’ where appropriate. of compliance is not issued to a specific certificate holder to make certain person. changes to the design of a spent fuel Section 72.242 Recordkeeping and Response: The NRC disagrees with the storage cask, without NRC prior Reports comment. The definition of ‘‘person’’ in approval. The ‘‘Changes, Tests, and This new section identifies the rule has the same meaning as Experiments’’ final rule also revises the recordkeeping and reporting ‘‘person’’ defined in section 11s. of the requirements in § 72.70 on licensees in requirements for certificate holders and Atomic Energy Act of 1954. This updating their SAR; and adds applicants for a CoC that are not already definition encompasses a wide range of requirements in a new § 72.248 on covered by the regulations in entities (i.e., individuals, corporations, certificate holders updating their SARs. trusts, government agencies, states, and § 72.234(d). This includes records 3. Comment: One commenter, a foreign governments) who may wish to required to be kept by a condition of the certificate holder, concurs with apply for a part 72 license or certificate. CoC or records relating to design proposed changes for clarification, but Therefore, no change has been made in changes, nonconformances, QA audits, believes that the imposition of the final rule. and corrective actions. Violations of this 2. Comment: One commenter, a enforcement actions may not be section are subject to the criminal certificate holder, agreed that design necessary. If the NRC decides that penalty provisions of § 223 of the changes should have appropriate enforcement actions are necessary, then Atomic Energy Act of 1954. Paragraphs controls. However, the commenter the commenter believes that it should (a), (b), and (c) are similar to the stated that it is not clear whether design not apply to the subcontractors of recordkeeping requirements imposed on changes undertaken by the certificate certificate holders, because in the licensees in § 72.80 (a), (c), and (d). holder require prior NRC approval. commenter’s view: (1) It does not seem A new requirement has been Currently, § 72.48 identifies those fair to extend enforcement actions to established in paragraph (d) for changes that the licensee may make organizations which do not have a certificate holders to submit written without prior NRC review, and § 72.70 direct regulatory link to the NRC; and reports to the NRC when they identify addresses the licensee’s responsibility to (2) subjecting such contractors and design or fabrication deficiencies, in update its Safety Analysis Report (SAR). subcontractors to enforcement action structures, systems, and components But, the rule does not apply §§ 72.48 exposes them to business risks which that are important to safety for spent and 72.70 to the certificate holders. The could cause them to refuse to become fuel storage casks that have been commenter stated that the rule did not contractors and subcontractors of delivered to licensees. This requirement address whether prior NRC approval is certificate holders or cause them to would inform the NRC of deficiencies required for a design change made by a increase their prices. Another that may affect existing casks and certificate holder that would necessitate commenter believed that subjecting thereby potentially affect public health a revision of the cask SAR, but would parties to NRC enforcement actions that and safety. This requirement would be not specifically deviate from the CoC; have no formal regulatory connection similar to the event reporting and how the SAR will be updated to presents severe business risks that have requirement imposed on licensees in reflect these changes. a real cost to small businesses and could § 72.75(c)(2). The commenter recommended that prove detrimental to a ‘‘rather small and highly specialized group of fabricators.’’ Summary of Public Comments on the the proposed revision of § 72.146(c) Response: The NRC agrees with the Proposed Rule needs clarification of when prior NRC approval is required for certificate commenters. The NRC expects that The NRC received four comment holders and the means to control persons involved in the manufacture of letters on the proposed rule. The changes to the SAR that do not require a spent fuel storage cask will take full commenters included a member of the a change to the CoC. The commenter responsibility for their obligations to public, one cask fabricator, and two part believed that the most direct method to implement the requirements of the part 72 certificate holders. Three of the four address this concern is to revise part 72 72 QA regulations. The NRC has commenters favored the proposed to apply §§ 72.48 and 72.70 to certificate reconsidered and now believes that the amendments, and one was opposed. holders. The commenter recognized that imposition of enforcement actions Copies of the public comments are NRC intends to pursue changes to against contractors and subcontractors is available for review in the NRC Public § 72.48 in the future. However, without not necessary. Section 72.148 requires Document Room, 2120 L Street, NW changes to §§ 72.48 and 72.70 at this that, to the extent necessary, the (Lower Level), Washington, DC 20003– time, the commenter believes that some licensee, certificate holder, and 1527. One commenter, a member of the clarifications are necessary in order to applicants shall require contractors or public, raised many issues unrelated to implement the proposed revisions to subcontractors to provide a QA program this rulemaking (e.g., issues that are § 72.146(c). consistent with Part 72. Licensees, being addressed in a separate petition Response: The NRC agrees in part certificate holders, and applicants are for rulemaking (i.e., PRM–72–3), the with the comment. Revising the responsible for assuring that their NRC Enforcement Policy, the NRC proposed rule to add provisions to contractors and subcontractors are Inspection Program, and NRC oversight permit a certificate holder to use the implementing adequate QA programs. of the overall spent fuel storage provisions of § 72.48 to make changes to Therefore, the NRC has revised the final

VerDate 12-OCT-99 18:46 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\15OCR4.XXX pfrm02 PsN: 15OCR4 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56117 rule to remove references to contractors also noted that a certificate holder may part 72 under the provisions of § 72.7, and subcontractors. have a quality assurance program that including § 72.234(c), is adequate. An 4. Comment: One commenter, a has been approved by the NRC under amendment to § 72.234(c) specifically certificate holder, raised a concern with part 71 or approved by the NRC for addressing the issue of beginning cask the proposed extension of enforcement another part 72 CoC application. The construction before a CoC is issued is actions to cover § 72.236. Several commenter suggested that § 72.140(d) be addressed in a different rulemaking paragraphs in this section, such as (a), revised to include a quality assurance currently under development by the (i), and (m), contain wording like ‘‘but program which has been previously NRC staff (see proposed rulemaking on not limited to’’ and ‘‘to the extent approved for part 71 or part 72 as ‘‘Clarification and Addition of practicable’’ that the commenter acceptable for new CoC applications Flexibility to Part 72,’’ RIN–AG15). believes are highly subjective. The under part 72. 8. Comment: One commenter, a commenter does not believe that Response: The NRC agrees with the certificate holder, raised the issue that certificate holders should be subject to comment. The QA requirements the added requirement in § 72.242(d) enforcement actions based on someone’s contained in 10 CFR part 50, appendix requires a written report when the opinion regarding what is practicable. B; 10 CFR part 71, subpart H; and 10 design or fabrication deficiency affects Response: The NRC recognizes the CFR part 72, subpart G, are essentially the ability of structures, systems, and use of wording ‘‘but not limited to’’ and equivalent. The proposed rule revises components (SSCs) important to safety ‘‘to the extent practicable,’’ could be § 72.140(c), ‘‘Approval of Programs,’’ to to perform their intended safety viewed as subjective, when interpreting expand this paragraph to indicate that a function. The commenter indicated that the regulations; however, the changes to certificate holder must have an NRC- an individual SSC may perform more paragraphs (a), (i), and (m) did not approved QA program before than one function. Some of these may be change the substance of § 72.236. This commencing fabrication or testing of a safety related while other functions may wording is regularly used in statutes spent fuel storage cask. The NRC agrees not serve a safety function. As an and regulations and the NRC believes that the definition of an ‘‘approved’’ QA example, a coating may assist in heat this wording will be reasonably program found in § 72.140(d) should removal as a function important to interpreted in enforcement actions. include other NRC-approved QA safety but may also serve as an aesthetic 5. Comment: One commenter, a programs. This final rule is revised to function. For this example, the member of the public, disagreed with allow for the use of all NRC-approved proposed rule could be interpreted to the proposed language in § 72.140(a) QA programs as satisfying the require a written report addressing a stating that she ‘‘* * * did not like the requirements of subpart G. deficiency associated with an aesthetic term licensee and certificate holder Additionally, the language in function, even though the particular being simultaneously responsible for § 72.140(d) is revised to reflect: (1) The component would be capable of implementing the quality assurance recordkeeping requirement in § 72.174; performing its safety function. It would (QA) requirements for oversight of and (2) the current location for be an unwarranted use of industry and contractors and subcontractors submitting information to the NRC in NRC resources to report deficiencies activities.’’ The commenter was § 72.4. These requirements were added that do not affect a safety function. The concerned that imposing dual to § 72.140(d) by a different rulemaking commenter further raised the issue that responsibility for the same activity was (see the final rule entitled the deficiency may affect the safety tantamount to implying that no one was ‘‘Miscellaneous Changes to Licensing function of such SSCs, but the responsible. The commenter believed Requirements for the Independent deficiency may not prevent such there needed to be a clear cut line of Storage of Spent Fuel and High-Level structure, system, or component from responsibility to determine what the Radioactive Waste’’ (64 FR 33178; June performing its intended safety function. licensee is actually liable for. 22, 1999)). The language in § 72.140(c) As an example, a deficiency in a coating Response: The NRC disagrees with the may be discovered such that the comment. The NRC intended that both and (d) is revised to be consistent with paragraph (b) of this section to indicate manufacturer lowers its peak heat licensees and CoC holders be held transfer rating. However, the cask design accountable for oversight of their that the requirements in these paragraphs apply to a licensee, as stated in the Safety Analysis Report contractor (i.e., fabricator) activities and may not rely upon such a high rating. that this redundant responsibility would applicant for a license, certificate holder, and applicant for a certificate, as It also would be an unwarranted use of ensure that the spent fuel storage casks industry and NRC resources to report are manufactured in conformance with appropriate. 7. Comment: One commenter, a deficiencies that do not affect the ability the approved design and part 72 QA member of the public, expressed of the component to perform its requirements. The NRC believes that concern with the NRC’s process for intended safety function. The this approach will have an overall issuing exemptions to the requirement commenter suggested revising positive effect on improving quality in in § 72.234(c). § 72.242(d) to read as follows: the manufacture of spent fuel storage ‘‘* * *deficiency affects the ability of casks. Note: Section 72.234(c) currently prohibits structures, systems, and components 6. Comment: One commenter, a beginning cask fabrication before the NRC important to safety to perform their issues a Certificate of Compliance. certificate holder, agreed with the intended safety function,’’ (emphasis in proposed change in § 72.140(c)(2) to Response: The NRC believes this original). require certificate holders to obtain NRC comment is beyond the scope of this Response: The NRC agrees with the approval of its quality assurance rulemaking. While § 72.234, comment and the final rule has been program prior to commencing ‘‘Conditions for Approval,’’ was revised revised to incorporate the comment. fabrication or testing of a spent fuel in this rulemaking, no change to 9. Comment: One commenter, a cask storage cask. However, this commenter paragraph (c) of this section was fabricator, had two objections to the also noted that § 72.140(d) states that a proposed. Rather, this section was proposed rule. First, the commenter was quality assurance program which revised to clarify who is responsible for opposed to the potential for issuance of satisfies Appendix B to part 50 is implementing these requirements. The NOVs and civil penalties against cask acceptable for part 72. The commenter process for granting an exemption to fabricators because they have no

VerDate 12-OCT-99 18:23 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\15OCR4.XXX pfrm01 PsN: 15OCR4 56118 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations responsibilities or involvement in that the annual burden for H; and 10 CFR part 72, subpart G, are developing the design configurations for recordkeeping and reporting proposed essentially equivalent. The proposed the various spent fuel packages. Second, by the revised part 72 would far exceed rule revised § 72.140(c), ‘‘Approval of the commenter indicated that the 6 hours annually. The estimate of 6 Programs,’’ to expand this paragraph to proposed changes to § 72.146(a) and (b), hours for annual training would be indicate that a certificate holder must ‘‘Design Control,’’ were troublesome sufficient to address the training of have an NRC-approved QA program because, under the current procurement personnel to implement these new before commencing fabrication or process for spent fuel packages, the requirements but would not be testing of a spent fuel storage cask. The commenter believes fabricators are sufficient to address the actual NRC agrees that the definition of an intentionally precluded from the recordkeeping and reporting. Of course, ‘‘approved’’ QA program found in development of front end design and the actual burden any individual § 72.140(d) should include all other licensing activities. The fabricator certificate holder would incur because NRC-approved QA programs. The final currently bases manufacturing planning of the required recordkeeping and rule is revised to allow for the use of all documentation upon the adequacy of a reporting would vary by certificate NRC-approved QA programs as customer provided specification holder. This commenter believes that satisfying the requirements of Subpart package. The commenter indicated that the estimated burden is greater than 100 G. Additionally, the language in the fabricator may or may not utilize hours annually but believes that the § 72.140(d) is revised to reflect the customer provided drawings for purpose of the final rule justifies this recordkeeping requirement in § 72.174 manufacture and that where the burden. and the address for submitting fabricator generates the drawings the Response: The NRC agrees with the information in § 72.4, which were added designer and/or licensee might require comment. The NRC has reevaluated the to this section by a different rulemaking their review and approval, but that there recordkeeping and reporting burden (see Miscellaneous Changes to Licensing is no accepted industry practice on this estimated for § 72.242 and concluded Requirements for the Independent matter. that the commenter’s estimate of 100 Storage of Spent Fuel and High-Level Response: The NRC agrees that hours annually is reasonable. The NRC Radioactive Waste (see 64 FR 33178; contractors and subcontractors need not has verified with the Office of June 22, 1999). The language in be included within the scope of the Management and Budget (OMB) that § 72.140(c) and (d) is revised to be changes made in the final rule. See the burden increase is an extremely small consistent with paragraph (b) of this response to comment number 3. percentage increase of the present total section to indicate that the requirements Licensees and certificate holders are 21,454-hour burden for part 72. in these paragraphs apply to a licensee, responsible for QA requirements applicant for a license, certificate Summary of Final Amendments through their oversight of contractors holder, and applicant for a certificate, as and subcontractors, and fabricators are The amended sections listed below appropriate. generally contractors or subcontractors. have not changed from the proposed In the final rule, § 72.242(d) is However, if the contract calls for the rule and are included in the final rule, modified to accept the comment that fabricator to build according to a design some editorial changes to improve the written reports should be made when a provided by the certificate holder, the organization and readability of the design or fabrication deficiency affects NRC expects the fabricator to do just existing language have also been made. the ability of SSCs important to safety that. The NRC needs assurance that the These are: §§ 72.2, 72.3, 72.9, 72.10, to perform their intended safety spent fuel storage casks are 72.86, 72.234, 72.236, 72.240, and function. manufactured in accordance with the 72.242(a), (b), and (c). NRC approved design and will hold In the final rule, §§ 72.140, 72.142, Criminal Penalties licensees and certificate holders and 72.144, 72.146, 72.148, 72.150, 72.152, For the purposes of Section 223 of the applicants responsible for meeting 72.154, 72.156, 72.158, 72.160, 72.162, Atomic Energy Act (AEA), the design and QA requirements. Regarding 72.164, 72.168, 72.170, 72.172, 72.174, Commission is issuing the final rule to the commenter’s concern on the subject 72.176, and 72.232 have been revised in amend 10 CFR part 72: § 72.10, 72.11, of the use of civil penalties; i.e., whether response to comments, and the terms 72.140 through 72.176, 72.232, 72.234, a civil penalty is the appropriate ‘‘contractor and subcontractor’’ are 72.236, and 72.242, under one or more response to a violation of part 72, the removed. However, this action has not of sections 161b, 161i, or 161o of the NRC notes that this rulemaking does not been taken in § 72.10 and § 72.148, in AEA. Willful violations of the rule provide authority for issuing a civil part, because the current regulation would be subject to criminal penalty to nonlicensees, other than contains those terms. enforcement. under the Deliberate Misconduct Rule. Additionally, in § 72.148, text at the Agreement State Compatibility The final rule does allow the use of end of the first sentence in the current issuance of NOV’s or Orders, rather than regulation was inadvertently omitted in Under the ‘‘Policy Statement on administrative sanctions. the proposed rule. It has been restored Adequacy and Compatibility of 10. Comment: One commenter, a and will read as follows: ‘‘* * * for Agreement State Programs’’ approved by certificate holder, while agreeing with procurement of material, equipment, the Commission on June 30, 1997, and the purpose of the proposed rulemaking, and services, whether purchased by the published in the Federal Register on raised a concern with the added licensee, certificate holder, or by their September 3, 1997 (62 FR 46517), this requirement that identifies additional contractors and subcontractors.’’ rule is classified as compatibility recordkeeping and reporting (emphasis added) Category ‘‘NRC.’’ Compatibility is not requirements for certificate holders. The In § 72.140 of the final rule, required for Category ‘‘NRC’’ NRC estimated the burden associated paragraphs (c) and (d) are revised in regulations. The NRC program elements with these new requirements in the response to comments received on the in this category are those that relate Paperwork Reduction Act Statement proposed rule as follows: directly to areas of regulation reserved provided with the Supplementary Section 72.140 (c) and (d): The QA to the NRC by the AEA or the provisions Information in the proposed rule as 6 requirements contained in 10 CFR part of Title 10 of the Code of Federal hours annually. The commenter notes 50, appendix B; 10 CFR part 71, subpart Regulations, and although an Agreement

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.106 pfrm02 PsN: 15OCR4 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56119

State may not adopt program elements (MRS) installation. In 1990, the violating the requirement and the public reserved to NRC, it may wish to inform Commission amended part 72 to include that a violation of a legally binding its licensees of certain requirements via a process for approving the design of requirement has occurred; (2) the use of a mechanism that is consistent with the spent fuel storage casks by issuance of graduated severity levels associated particular State’s administrative a certificate of compliance (subpart L) with an NOV allows the NRC to procedure laws, but does not confer and for granting a general license to effectively convey to both the person regulatory authority on the State. reactor licensees (subpart K) to use violating the requirement and the public NRC-approved casks for storage of spent a clearer perspective on the safety and Voluntary Consensus Standards nuclear fuel (55 FR 29181; July 18, regulatory significance of the violation; The National Technology Transfer Act 1990). In the past, the Commission and (3) violation of a regulation reflects of 1995 (Public Law 104–113) requires experienced performance problems in the NRC’s conclusion that potential risk that Federal agencies use technical design, design control, fabrication and to public health and safety could exist. standards that are developed or adopted quality control with holders of, and Current Regulatory Framework and by voluntary consensus standards applicants for, a CoC under part 72. bodies unless the use of such a standard When the NRC identifies a failure to Proposed Changes is inconsistent with applicable law or comply with part 72 requirements by In promulgating subpart L, the NRC otherwise impractical. In this final rule, these persons, the NRC has issued intended that selected part 72 the NRC is expanding the applicability Notices of Nonconformance (NONs). provisions would apply to cask of Part 72 to holders of, and applicants The issuance of an NON does not certificate holders and applicants for a for, certificates of compliance, and a effectively convey that a violation of a CoC. For example, § 72.234(b) requires voluntary consensus standard is not legally binding requirement has that, as a condition for approval of a applicable. occurred. Because the current CoC, ‘‘[d]esign, fabrication, testing, and maintenance of spent fuel storage casks Environmental Impact: Categorical regulations do not clearly impose be conducted under a QA program that Exclusion requirements on these persons, the NRC has not taken enforcement action, such meets the requirements of subpart G of The NRC has determined that this as a Notice of Violation (NOV), against this part.’’ However, the QA final rule is the type of action described certificate holders and applicants. requirements in subpart G refer only to as a categorical exclusion in 10 CFR Some part 72 provisions for cask licensees and applicants for licenses 51.22(c)(2) and (3). Therefore, neither an storage of spent fuel (e.g., the quality and not to certificate holders. Some of environmental impact statement nor an assurance (QA) requirements) were the subpart L regulations apply environmental assessment has been intended to apply to cask certificate explicitly only to ‘‘the applicant’’ (e.g., prepared for this final rule. holders and applicants for cask CoCs, as § 72.232), or to ‘‘the cask vendor’’ (e.g., Paperwork Reduction Act Statement well as to holders of licenses and § 72.234(d)(1)). Some are written in the applicants for a license to store spent passive voice so that it is not clear who This final rule increases the burden nuclear fuel at an ISFSI. However, some is responsible for meeting the on licensees by expanding the of the part 72 requirements intended to requirement (e.g., § 72.236). Because of applicability of part 72 to holders of, apply to certificate holders and these regulatory deficiencies, certificate and applicants for, Certificates of applicants do not clearly bring these holders or applicants for a CoC have not Compliance. The public burden for this persons within the scope of the clearly been brought within the scope of information collection is estimated to requirement. For this reason, the NRC part 72 requirements, and the NRC has average 100 hours annually. Because the has not had a clear basis to cite not had a clear basis to cite these burden for this information collection is certificate holders and applicants for a persons for violations of part 72 insignificant by comparison with CoC for violations of those part 72 requirements. Presently, when the NRC current part 72’s overall burden, Office requirements. has identified a failure to comply with of Management and Budget (OMB) Additionally, broader requirements part 72 requirements by these persons, clearance is not required. Existing for recordkeeping and reporting for it has issued an administrative action requirements were approved by the certificate holders and applicants for a under the NRC’s Enforcement Policy. OMB approval number 3150–0132. CoC to include records required to be The NRC Enforcement Policy and Public Protection Notification kept by a condition of the CoC, are implementing program have been needed. Therefore, the NRC is adding established to support the NRC’s overall If a means used to impose an § 72.242. This will provide an safety mission in protecting public information collection does not display enforcement basis equivalence to the health and safety and the environment. a currently valid OMB control number, recordkeeping and reporting regulations Consistent with this purpose, the NRC may not conduct or sponsor, for licensees (§ 72.80). enforcement actions are intended to be and a person is not required to respond used as a deterrent to: (1) Emphasize the to, the information collection. Purpose of the Rulemaking importance of compliance with Regulatory Analysis The purpose of this rulemaking is to requirements; and (2) encourage prompt expand the applicability of part 72 to identification and comprehensive Statement of the Problem holders of, and applicants for, CoCs. correction of the violations. The Commission’s regulations at 10 This would allow the NRC staff to take Enforcement sanctions consist of NOVs, CFR part 72 were designed to provide enforcement action in the form of NOVs civil penalties, and orders of various specific licensing requirements for the or orders, rather than administrative types. In addition to the formal storage of spent nuclear fuel in an action in the form of an NON when enforcement actions, the NRC also uses independent spent fuel storage requirements are violated. While it may related administrative actions such as installation (ISFSI) (45 FR 74693; appear that an NON and an NOV are NONs, Confirmatory Action Letters, and November 12, 1980). These similar, the NRC believes that the Demands for Information to supplement requirements were later amended to issuance of an NOV is preferred the NRC’s enforcement program. The include the storage of high-level waste because: (1) The issuance of an NOV NRC expects licensees and holders of, (HLW) at a monitored retrieval storage effectively conveys to both the person and applicants for, a CoC to adhere to

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.108 pfrm02 PsN: 15OCR4 56120 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations any obligations and commitments part, reflect the fact that certificate comments were received that were resulting from these actions and will not holders and applicants, and their opposed to adding contractors and hesitate to issue appropriate orders to contractors and subcontractors, have not subcontractors to the regulations. ensure that these obligations and been explicitly included in certain part Overall, the commenters felt this action commitments are met. The nature and 72 requirements despite the NRC’s was unnecessary and an excessive extent of the enforcement action is intent that these persons follow these burden on small entities. The proposed intended to reflect the seriousness of the requirements. Contractors and rule to extend NRC’s regulatory violation involved. subcontractors actually accomplish the requirements under part 72, subpart G, This rule revises the regulations in manufacturing and testing of spent fuel to contractors and subcontractors would part 72 to place explicit requirements on storage casks. be inconsistent with the way in which certificate holders and applicants for a Alternative 1 would allow the NRC to the NRC regulates quality assurance in CoC. Additionally, terms contained in issue NOV’s or orders against these other arenas, including reactor parts and Subpart L, such as cask user, persons, as necessary, by allowing the equipment. In both instances, there is a representative of a cask user, cask issuance of an NOV when they fail to potential that deficiencies in the quality model, and cask vendor, have been comply with the requirements of part assurance program could lead to safety clarified. Changes are made to § 72.10, 72. Presently the NRC issues an NON in related problems. However, NRC’s ‘‘Employee Protection,’’ and § 72.11, these instances. longstanding regulatory approach has ‘‘Completeness and Accuracy of The NRC has estimated that each been to make it clear that licensees are Information,’’ to include certificate certificate holder or applicant for a CoC, responsible for ensuring that the parts holders and applicants for a CoC. on average, has three contractors and and equipment are safe. Section 72.3 is revised to: (1) subcontractors. Consequently, the NRC Therefore, the NRC has reconsidered Incorporate definitions for ‘‘certificate estimates that a total of 60 contractors and concluded that contractors and holder,’’ ‘‘certificate of compliance,’’ and subcontractors would be affected by subcontractors should not be included and ‘‘spent fuel storage cask’’; (2) amend changes to part 72 described in in these regulations. Consequently, the definitions for ‘‘design bases’’ and Alternative 1. Because certificate Alternative 2 is adopted. ‘‘structures, systems, and components holders, applicants for a CoC, and their Alternative 3: No action. important to safety’’ to include the term contractors and subcontractors, for the This alternative was rejected, even ‘‘spent fuel storage cask’’; and (3) amend most part, have already been meeting though staff resources for rulemaking the definition for ‘‘design capacity’’ to the requirements of part 72 as either a would have been conserved. Under this be consistent with the NRC’s policy on condition of a CoC or as a condition of alternative, it is expected that the the use of metric units. Section 72.236 a contract between a certificate holder difficulties the NRC has observed in the is revised and reissued as being subject and its contractors and subcontractors, past will continue. to the criminal penalty provisions of the burdens imposed by this alternative § 223 of the Atomic Energy Act of 1954, are not significantly increased. Decision Rationale for Preferred and § 72.86(b), ‘‘Criminal Penalties,’’ is The NRC believes that Alternative 1 Alternative revised to delete mention of § 72.236 as would have enabled the NRC to make Alternative 2 is the preferred choice. a conforming change. Section 72.232 is more effective use of the Enforcement The major benefit of this alternative is reformatted by adding a new paragraph Policy against the certificate holders, to allow the NRC to issue NOVs or (b) and renumbering existing paragraphs and their contractors and subcontractors Orders against certificate holders and (b) and (c). The term ‘‘applicant’’ is of spent fuel storage casks. However, applicants for a CoC under the current replaced by the term ‘‘certificate holder holding contractors and subcontractors NRC Enforcement Policy, without and applicant for a CoC.’’ Requirements responsible as contemplated by the imposing an unnecessary burden on to permit inspection of records, proposed rule would dilute the message contractors and subcontractors; and premises, and activities related to the that the Commission’s regulations ensures that quality assurance design, fabrication, and testing of spent would otherwise make clear—that requirements imposed on contractors fuel storage casks have been clarified. licensees and certificate holders are and subcontractors are consistent for Lastly, a new § 72.242 is added to ultimately responsible for assuring both reactor and material activities. This subpart L to address additional quality. Furthermore, the current would enable both the person violating recordkeeping and reporting regulations in § 72.148 make clear that the regulation and the public to clearly requirements for certificate holders and ‘‘[t]o the extent necessary, the licensee perceive the regulatory and safety applicants for a CoC, in addition to shall require contractors or significance and consequences of the those already required by § 72.234(d). subcontractors to provide a quality violation. This new section is similar to the assurance program consistent with the Because certificate holders and requirements imposed on licensees in applicable provisions of this subpart applicants for a CoC, for the most part, § 72.80. [Subpart G].’’ already have been meeting the Alternatives Alternative 2: Revise part 72 to expand requirements of part 72 as a condition the applicability of certain of a CoC, the burdens imposed by this This regulatory analysis considered provisions to certificate holders and amendment are not significantly three alternatives: applicants for a CoC. increased. Additional requirements for Alternative 1: Revise part 72 to expand The difference between Alternatives 1 recordkeeping and reporting for the applicability of certain and 2 is that the latter does not include certificate holders are needed, to provisions to certificate holders, contractors and subcontractors in include records required to be kept by applicants for a CoC, and their clarifying the responsibilities for a condition of the CoC. This will contractors and subcontractors. compliance with part 72. Therefore, the provide an enforcement basis The NRC believes that problems in NRC would not issue NOVs or orders equivalence to the recordkeeping and the areas of quality assurance, quality against these persons under this reporting regulations for licensees control, fabrication control, and design alternative but would continue to use (§ 72.80). Therefore, the NRC is adding control exist, are significant, and, in administrative actions. Several § 72.242. The new § 72.242 will add

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.108 pfrm02 PsN: 15OCR4 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56121 new burdens for recordkeeping and recordkeeping requirements are not 10, 92 Stat. 2951 as amended by Pub. L. 102– reporting requirements. The staff considered backfits even though they 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. estimates this burden associated with may result in changes to procedures. If 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 the new § 72.242 to be approximately the reporting or recordkeeping (42 U.S.C. 4332); secs. 131, 132, 133, 135, 100 hours annually. This recordkeeping 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, requirements had to meet the standards 2232, 2241; sec. 148, Pub. L. 100–203, 101 and reporting burden will vary by for a backfit analysis, the Commission Stat. 1330–235 (42 U.S.C. 10151, 10152, certificate holders. The NRC believes would have to find that the information 10153, 10155, 10157, 10161, 10168). that the purpose of the final rule would substantially increase public Section 72.44(g) also issued under justifies this burden on certificate health or safety or common defense and secs. 142(b) and 148(c), (d), Pub. L. 100– holders. This burden is insignificant by security without knowing the results of 203, 101 Stat. 1330–232, 1330–236 (42 comparison with part 72’s overall the request. In addition, the existence or U.S.C. 10162(b), 10168(c), (d)). Section burden which is in excess of 21,000 non-existence of a record or report 72.46 also issued under sec. 189, 68 hours. In addition, the current backfit usually has no independent safety Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. regulation in § 72.62 applies only to part significance as compared to actions L. 97–425, 96 Stat. 2230 (42 U.S.C. 72 licensees and not to holders of, and taken by the licensee, certificate holder, 10154). Section 72.96(d) also issued applicants for, a CoC. This rule adds or NRC as a result of the information under sec. 145(g), Pub. L. 100–203, 101 recordkeeping and reporting contained in the record or report. It is Stat. 1330–235 (42 U.S.C. 10165(g)). requirements for holders of, and this resulting action that affects public Subpart J also issued under secs. 2(2), applicants for, CoCs. Therefore, a backfit health and safety or the common 2(15), 2(19), 117(a), 141(h), Pub. L. 97– analysis is not required for this rule. defense or security that should be 425, 96 Stat. 2202, 2203, 2204, 2222, Regulatory Flexibility Certification measured under the backfit standard 2224 (42 U.S.C. 10101, 10137(a), and not the method for obtaining or 10161(h)). Subparts K and L are also In accordance with the Regulatory maintaining the information. issued under sec. 133, 98 Stat. 2230 (42 Flexibility Act of 1980, 5 U.S.C. 605(b), However, the NRC has prepared a U.S.C. 10153) and sec. 218(a), 96 Stat. the Commission certifies that this final regulatory analysis which sets forth the 2252 (42 U.S.C. 10198). rule will not have a significant objectives of the rulemaking changes, economic impact on a substantial the alternatives that were considered, 2. In § 72.2, paragraph (b) is revised to number of small entities. The final rule and the expected costs and benefits read as follows: amends the regulations to expand the associated with the rulemaking changes. § 72.2 Scope. applicability of 10 CFR part 72 to The NRC regards this analysis as * * * * * holders of, and applicants for, CoCs. providing for a disciplined approach for This requirement will enhance the (b) The regulations in this part evaluating the impacts of the proposed pertaining to an independent spent fuel Commission’s ability to take changes, which satisfies the underlying enforcement action by issuing NOVs or storage installation (ISFSI) and a spent purposes of the backfitting requirements fuel storage cask apply to all persons in orders rather than administrative action in § 72.62. in the form of NONs when legally the United States, including persons in binding requirements are violated. The List of Subjects in 10 CFR Part 72 Agreement States. The regulations in this part pertaining to a monitored final rule may appear to impose new Criminal penalties, Manpower retrievable storage installation (MRS) requirements on some small entities on training programs, Nuclear materials, apply only to DOE. the assumption that could be a Occupational safety and health, certificate holder or applicant able to Reporting and recordkeeping * * * * * qualify as a ‘‘small entity’’. However, requirements, Security measures, Spent 3. In § 72.3, the definitions of these entities, for the most part, are fuel. Certificate holder, Certificate of already implementing the actions For the reasons set out in the Compliance or CoC, and Spent fuel required by the final rule. Therefore, the preamble and under the authority of the storage cask or cask are added in NRC believes that this amendment will Atomic Energy Act of 1954, as amended; alphabetical order, and the definitions not have a significant economic impact the Energy Reorganization Act of 1974, of Design bases, Design capacity, and on any such small entity. as amended; and 5 U.S.C. 552 and 553, Structures, systems, and components the NRC is adopting the following important to safety are revised to read Small Business Regulatory Enforcement as follows: Fairness Act amendments to 10 CFR part 72. § 72.3 Definitions. In accordance with the Small PART 72ÐLICENSING Business Regulatory Enforcement REQUIREMENTS FOR THE * * * * * Fairness Act of 1996, the NRC has INDEPENDENT STORAGE OF SPENT Certificate holder means a person who determined that this action is not ‘‘a NUCLEAR FUEL AND HIGH-LEVEL has been issued a Certificate of major’’ rule and has verified this RADIOACTIVE WASTE Compliance by the Commission for a determination with the Office of spent fuel storage cask design. Information and Regulatory Affairs, 1. The authority citation for part 72 is Certificate of Compliance or CoC Office of Management and Budget. revised to read as follows: means the certificate issued by the Authority: Secs. 51, 53, 57, 62, 63, 65, 69, Commission that approves the design of Backfit Analysis 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. a spent fuel storage cask in accordance The current backfit regulation in 929, 930, 932, 933, 934, 935, 948, 953, 954, with the provisions of subpart L of this § 72.62 applies only to part 72 licensees 955, as amended; sec. 234, 83 Stat. 444, as part. and not to holders of, and applicants amended (42 U.S.C. 2071, 2073, 2077, 2092, * * * * * * * 2093, 2095, 2099, 2111, 2201, 2232, 2233, for, a CoC. This rule, in any event, adds 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. Design bases means that information only reporting and recordkeeping L. 86–373, 73 Stat. 688, as amended (42 that identifies the specific functions to requirements for holders of, and U.S.C. 2021); sec. 201, as amended; 202, 206, be performed by a structure, system, or applicants for, CoCs. The Commission 88 Stat. 1242, as amended; 1244, 1246 (42 component of a facility or of a spent fuel has determined that reporting and U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. storage cask and the specific values or

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.110 pfrm02 PsN: 15OCR4 56122 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations ranges of values chosen for controlling contained in this part to the Office of and for 30 days following license or CoC parameters as reference bounds for Management and Budget (OMB) for termination. design. These values may be restraints approval as required by the Paperwork * * * * * derived from generally accepted state- Reduction Act of 1995 (44 U.S.C. 3501 6. Section 72.11 is revised to read as of-the-art practices for achieving et seq.). OMB has approved the follows: functional goals or requirements derived information collection requirements from analysis (based on calculation or contained in this part under control § 72.11 Completeness and accuracy of information. experiments) of the effects of a number 3150–0132. (a) Information provided to the postulated event under which a (b) The approved information Commission by a licensee, certificate structure, system, or component must collection requirements contained in holder, or an applicant for a license or meet its functional goals. The values for this part appear in §§ 72.7, 72.11, 72.16, CoC; or information required by statute controlling parameters for external 72.19, 72.22 through 72.34, 72.42, 72.44, or by the Commission’s regulations, events include— 72.48 through 72.56, 72.62, 72.70 orders, license or CoC conditions, to be (1) Estimates of severe natural events through 72.82, 72.90, 72.92, 72.94, to be used for deriving design bases that maintained by the licensee or certificate 72.98, 72.100, 72.102, 72.104, 72.108, holder, must be complete and accurate will be based on consideration of 72.120, 72.126, 72.140 through 72.176, historical data on the associated in all material respects. 72.180 through 72.186, 72.192, 72.206, (b) Each licensee, certificate holder, or parameters, physical data, or analysis of 72.212, 72.216, 72.218, 72.230, 72.232, upper limits of the physical processes applicant for a license or CoC must 72.234, 72.236, 72.240, 72.242, 72.244, notify the Commission of information involved; and and 72.248. (2) Estimates of severe external man- identified by the licensee, certificate 5. In § 72.10, the introductory text of induced events to be used for deriving holder, or applicant for a license or CoC paragraph (a), the introductory text of design bases that will be based on as having, for the regulated activity, a paragraph (c), and paragraphs (c)(1) and analysis of human activity in the region, significant implication for public health (e)(1) are revised to read as follows: taking into account the site and safety or common defense and characteristics and the risks associated § 72.10 Employee protection. security. A licensee, certificate holder, with the event. or an applicant for a license or CoC Design capacity means the quantity of (a) Discrimination by a Commission violates this paragraph only if the spent fuel or high-level radioactive licensee, certificate holder, an applicant licensee, certificate holder, or applicant waste, the maximum burn up of the for a Commission license or a CoC, or for a license or CoC fails to notify the spent fuel in MWD/MTU, the a contractor or subcontractor of any of Commission of information that the terabequerel (curie) content of the these, against an employee for engaging licensee, certificate holder, or applicant waste, and the total heat generation in in certain protected activities, is for a license or CoC has identified as Watts (btu/hour) that the storage prohibited. Discrimination includes having a significant implication for installation is designed to discharge and other actions that relate to public health and safety or common accommodate. compensation, terms, conditions, or defense and security. Notification must privileges of employment. The protected be provided to the Administrator of the * * * * * * * activities are established in section 211 Spent fuel storage cask or cask means appropriate Regional Office within two of the Energy Reorganization Act of all the components and systems working days of identifying the 1974, as amended, and in general are associated with the container in which information. This requirement is not related to the administration or spent fuel or other radioactive materials applicable to information which is enforcement of a requirement imposed associated with spent fuel are stored in already required to be provided to the under the Atomic Energy Act or the an ISFSI. Commission by other reporting or Energy Reorganization Act. updating requirements. * * * * * * * 7. In § 72.86, paragraph (b) is revised Structures, systems, and components * * * * * * * to read as follows: important to safety means those features (c) A violation of paragraph (a), (e), or of the ISFSI, MRS, and spent fuel (f) of this section by a Commission § 72.86 Criminal penalties. licensee, certificate holder, applicant for storage cask whose functions are— * * * * * (1) To maintain the conditions a Commission license or a CoC, or a (b) The regulations in this part 72 that required to store spent fuel or high-level contractor or subcontractor of any of are not issued under sections 161b, radioactive waste safely; these may be grounds for: 161i, or 161o for the purposes of section (2) To prevent damage to the spent (1) Denial, revocation, or suspension 223 are as follows: §§ 72.1, 72.2, 72.3, fuel or the high-level radioactive waste of the license or the CoC. 72.4, 72.5, 72.7, 72.8, 72.9, 72.16, 72.18, container during handling and storage; * * * * * 72.20, 72.22, 72.24, 72.26, 72.28, 72.32, or (e)(1) Each licensee, certificate holder, 72.34, 72.40, 72.46, 72.56, 72.58, 72.60, (3) To provide reasonable assurance and applicant for a license or CoC must 72.62, 72.84, 72.86, 72.90, 72.96, 72.108, that spent fuel or high-level radioactive prominently post the revision of NRC 72.120, 72.122, 72.124, 72.126, 72.128, waste can be received, handled, Form 3, ‘‘Notice to Employees,’’ 72.130, 72.182, 72.194, 72.200, 72.202, packaged, stored, and retrieved without referenced in 10 CFR 19.11(c). This form 72.204, 72.206, 72.210, 72.214, 72.220, undue risk to the health and safety of must be posted at locations sufficient to 72.230, 72.238, 72.240, 72.244, and the public. permit employees protected by this 72.246. 4. Section 72.9 is revised to read as 8. Subpart G is revised to read as follows: section to observe a copy on the way to or from their place of work. The follows: § 72.9 Information collection premises must be posted not later than Subpart GÐQuality Assurance requirements: OMB approval. 30 days after an application is docketed Sec. (a) The Nuclear Regulatory and remain posted while the application 72.140 Quality assurance requirements. Commission has submitted the is pending before the Commission, 72.142 Quality assurance organization. information collection requirements during the term of the license or CoC, 72.144 Quality assurance program.

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.111 pfrm02 PsN: 15OCR4 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56123

72.146 Design control. for a license, certificate holder, and § 72.142 Quality assurance organization. 72.148 Procurement document control. applicant for a CoC shall execute the (a) The licensee, applicant for a 72.150 Instructions, procedures, and applicable criteria in a graded approach license, certificate holder, and applicant drawings. to an extent that is commensurate with 72.152 Document control. for a CoC shall be responsible for the 72.154 Control of purchased material, the quality assurance requirements’ establishment and execution of the equipment, and services. importance to safety. The quality quality assurance program. The licensee 72.156 Identification and control of assurance program must cover the and certificate holder may delegate to materials, parts, and components. activities identified in this subpart others, such as contractors, agents, or 72.158 Control of special processes. throughout the life of the activity. For consultants, the work of establishing 72.160 Licensee and certificate holder licensees, this includes activities from and executing the quality assurance inspection. the site selection through program, but the licensee and the 72.162 Test control. decommissioning prior to termination of certificate holder shall retain 72.164 Control of measuring and test the license. For certificate holders, this equipment. responsibility for the program. The 72.166 Handling, storage, and shipping includes activities from development of licensee, applicant for a license, control. the spent fuel storage cask design certificate holder, and applicant for a 72.168 Inspection, test, and operating through termination of the CoC. CoC shall clearly establish and delineate status. (c) Approval of program. (1) Each in writing the authority and duties of 72.170 Nonconforming materials, parts, or licensee, applicant for a license, persons and organizations performing components. certificate holder, and applicant for a activities affecting the functions of 72.172 Corrective action. CoC shall file a description, in structures, systems, and components 72.174 Quality assurance records. which are important to safety. These 72.176 Audits. accordance with § 72.4, of its quality assurance program that includes a activities include performing the Subpart GÐQuality Assurance discussion of which requirements of functions associated with attaining this subpart are applicable and the quality objectives and the quality § 72.140 Quality assurance requirements. methodology used to satisfy these assurance functions. (a) Purpose. This subpart describes requirements. (b) The quality assurance functions are— quality assurance requirements that (2) Each licensee shall obtain apply to design, purchase, fabrication, Commission approval of its quality (1) Assuring that an appropriate handling, shipping, storing, cleaning, assurance program prior to receipt of quality assurance program is established assembly, inspection, testing, operation, spent fuel at the ISFSI or spent fuel and and effectively executed; and maintenance, repair, modification of high-level radioactive waste at the MRS. (2) Verifying, by procedures such as structures, systems, and components, checking, auditing, and inspection, that and decommissioning that are important (3) Each certificate holder shall obtain activities affecting the functions that are to safety. As used in this subpart, Commission approval of its quality important to safety have been correctly ‘‘quality assurance’’ comprises all those assurance program prior to commencing performed. The persons and planned and systematic actions fabrication or testing of a spent fuel organizations performing quality necessary to provide adequate storage cask. assurance functions shall have sufficient confidence that a structure, system, or (d) Previously approved programs. A authority and organizational freedom to component will perform satisfactorily in quality assurance program previously identify quality problems; to initiate, service. Quality assurance includes approved by the Commission and which recommend, or provide solutions; and quality control, which comprises those is established, maintained, and executed to verify implementation of solutions. quality assurance actions related to with regard to an ISFSI or spent fuel (c) The persons and organizations control of the physical characteristics storage cask will be accepted as performing quality assurance functions and quality of the material or satisfying the requirements of paragraph shall report to a management level that component to predetermined (b) of this section. Previously approved ensures that the required authority and requirements. The certificate holder and quality assurance programs that satisfy organizational freedom, including applicant for a CoC are responsible for the requirements of Appendix B to part sufficient independence from cost and the quality assurance requirements as 50 of this chapter, subpart H of part 71 schedule considerations when these they apply to the design, fabrication, of this chapter, or subpart G of this part considerations are opposed to safety and testing of a spent fuel storage cask are considered acceptable, except each considerations, are provided. Because of until possession of the spent fuel storage licensee, applicant for a license, the many variables involved, such as the cask is transferred to the licensee. The certificate holder, and applicant for a number of personnel, the type of licensee and the certificate holder are CoC who are using an Appendix B or activity being performed, and the also simultaneously responsible for subpart H quality assurance program location or locations where activities are these quality assurance requirements shall also meet the recordkeeping performed, the organizational structure through the oversight of contractors and requirements of § 72.174. Prior to initial for executing the quality assurance subcontractors. use of a previously approved program, program may take various forms, (b) Establishment of program. Each each licensee, applicant for a license, provided that the persons and licensee, applicant for a license, certificate holder, and applicant for a organizations assigned the quality certificate holder, applicant for a CoC CoC shall notify the NRC, in accordance assurance functions have the required shall establish, maintain, and execute a with § 72.4, of its intent to apply its authority and organizational freedom. quality assurance program satisfying previously approved quality assurance Irrespective of the organizational each of the applicable criteria of this program to ISFSI or spent fuel storage structure, the individual(s) assigned the subpart, and satisfying any specific cask activities. The notification must responsibility for assuring effective provisions which are applicable to the identify the quality assurance program execution of any portion of the quality licensee’s, applicant’s for a license, by date of submittal to the Commission, assurance program, at any location certificate holder’s, and applicant’s for a docket number, and date of Commission where activities subject to this section CoC activities. The licensee, applicant approval. are being performed, must have direct

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.112 pfrm02 PsN: 15OCR4 56124 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations access to the levels of management (2) The design and fabrication calculational methods, or by a suitable necessary to perform this function. complexity or uniqueness of the item; testing program. For the verifying or (3) The need for special controls and checking process, the licensee and § 72.144 Quality assurance program. surveillance over processes and certificate holder shall designate (a) The licensee, applicant for a equipment; individuals or groups other than those license, certificate holder, and applicant (4) The degree to which functional who were responsible for the original for a CoC shall establish, at the earliest compliance can be demonstrated by design, but who may be from the same practicable time consistent with the inspection or test; and organization. Where a test program is schedule for accomplishing the (5) The quality history and degree of used to verify the adequacy of a specific activities, a quality assurance program standardization of the item. design feature in lieu of other verifying which complies with the requirements (d) The licensee, applicant for a or checking processes, the licensee and of this subpart. The licensee, applicant license, certificate holder, and applicant certificate holder shall include suitable for a license, certificate holder, and for a CoC shall provide for qualification testing of a prototype or applicant for a CoC shall document the indoctrination and training of personnel sample unit under the most adverse quality assurance program by written performing activities affecting quality as design conditions. The licensee, procedures or instructions and shall necessary to ensure that suitable applicant for a license, certificate carry out the program in accordance proficiency is achieved and maintained. holder, and applicant for a CoC shall with these procedures throughout the (e) The licensee, applicant for a apply design control measures to items period during which the ISFSI or MRS license, certificate holder, and applicant such as the following: criticality is licensed or the spent fuel storage cask for a CoC shall review the status and physics, radiation, shielding, stress, is certified. The licensee, applicant for adequacy of the quality assurance thermal, hydraulic, and accident a license, certificate holder, and program at established intervals. analyses; compatibility of materials; applicant for a CoC shall identify the Management of other organizations accessibility for inservice inspection, structures, systems, and components to participating in the quality assurance maintenance, and repair; features to be covered by the quality assurance program must regularly review the facilitate decontamination; and program, the major organizations status and adequacy of that part of the delineation of acceptance criteria for participating in the program, and the quality assurance program which they inspections and tests. designated functions of these are executing. (c) The licensee, applicant for a organizations. license, certificate holder, and applicant (b) The licensee, applicant for a § 72.146 Design control. for a CoC shall subject design changes, license, certificate holder, and applicant (a) The licensee, applicant for a including field changes, to design for a CoC, through their quality license, certificate holder, and applicant control measures commensurate with assurance program(s), shall provide for a CoC shall establish measures to those applied to the original design. control over activities affecting the ensure that applicable regulatory Changes in the conditions specified in quality of the identified structures, requirements and the design basis, as the license or CoC require prior NRC systems, and components to an extent specified in the license or CoC approval. commensurate with the importance to application for those structures, safety and, as necessary, to ensure systems, and components to which this § 72.148 Procurement document control. conformance with the approved design section applies, are correctly translated The licensee, applicant for a license, of each ISFSI, MRS, or spent fuel storage into specifications, drawings, certificate holder, and applicant for a cask. The licensee, applicant for a procedures, and instructions. These CoC shall establish measures to assure license, certificate holder, and applicant measures must include provisions to that applicable regulatory requirements, for a CoC shall ensure that activities ensure that appropriate quality design bases, and other requirements affecting quality are accomplished standards are specified and included in which are necessary to assure adequate under suitably controlled conditions. design documents and that deviations quality are included or referenced in the Controlled conditions include the use of from standards are controlled. Measures documents for procurement of material, appropriate equipment; suitable must be established for the selection equipment, and services, whether environmental conditions for and review for suitability of application purchased by the licensee, certificate accomplishing the activity, such as of materials, parts, equipment, and holder, or by their contractors and adequate cleanliness; and assurance that processes that are essential to the subcontractors. To the extent necessary, all prerequisites for the given activity functions of the structures, systems, and the licensee, applicant for a license, have been satisfied. The licensee, components which are important to certificate holder, and applicant for a applicant for a license, certificate safety. CoC, shall require contractors or holder, and applicant for a CoC shall (b) The licensee, applicant for a subcontractors to provide a quality take into account the need for special license, certificate holder, and applicant assurance program consistent with the controls, processes, test equipment, for a CoC shall establish measures for applicable provisions of this subpart. tools and skills to attain the required the identification and control of design quality and the need for verification of interfaces and for coordination among § 72.150 Instructions, procedures, and quality by inspection and test. participating design organizations. drawings. (c) The licensee, applicant for a These measures must include the The licensee, applicant for a license, license, certificate holder, and applicant establishment of written procedures certificate holder, and applicant for a for a CoC shall base the requirements among participating design CoC shall prescribe activities affecting and procedures of their quality organizations for the review, approval, quality by documented instructions, assurance program(s) on the following release, distribution, and revision of procedures, or drawings of a type considerations concerning the documents involving design interfaces. appropriate to the circumstances and complexity and proposed use of the The design control measures must shall require that these instructions, structures, systems, or components: provide for verifying or checking the procedures, and drawings be followed. (1) The impact of malfunction or adequacy of design by methods such as The instructions, procedures, and failure of the item on safety; design reviews, alternate or simplified drawings must include appropriate

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.114 pfrm02 PsN: 15OCR4 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56125 quantitative or qualitative acceptance identification and control of materials, systems, and components will perform criteria for determining that important parts, and components. These measures satisfactorily in service, is identified activities have been satisfactorily must ensure that identification of the and performed in accordance with accomplished. item is maintained by heat number, part written test procedures that incorporate number, serial number, or other the requirements of this part and the § 72.152 Document control. appropriate means, either on the item or requirements and acceptance limits The licensee, applicant for a license, on records traceable to the item as contained in the ISFSI, MRS, or spent certificate holder, and applicant for a required, throughout fabrication, fuel storage cask license or CoC. The test CoC shall establish measures to control installation, and use of the item. These procedures must include provisions to the issuance of documents such as identification and control measures ensure that all prerequisites for the instructions, procedures, and drawings, must be designed to prevent the use of given test are met, that adequate test including changes, which prescribe all incorrect or defective materials, parts, instrumentation is available and used, activities affecting quality. These and components. and that the test is performed under measures must assure that documents, suitable environmental conditions. The including changes, are reviewed for § 72.158 Control of special processes. licensee, applicant for a license, adequacy, approved for release by The licensee, applicant for a license, certificate holder, and applicant for a authorized personnel, and distributed certificate holder, and applicant for a CoC shall document and evaluate the and used at the location where the CoC shall establish measures to ensure test results to ensure that test prescribed activity is performed. These that special processes, including requirements have been satisfied. measures must ensure that changes to welding, heat treating, and documents are reviewed and approved. nondestructive testing, are controlled § 72.164 Control of measuring and test and accomplished by qualified equipment. § 72.154 Control of purchased material, personnel using qualified procedures in The licensee, applicant for a license, equipment, and services. accordance with applicable codes, certificate holder, and applicant for a (a) The licensee, applicant for a standards, specifications, criteria, and CoC shall establish measures to ensure license, certificate holder, and applicant other special requirements. that tools, gauges, instruments, and for a CoC shall establish measures to other measuring and testing devices ensure that purchased material, § 72.160 Licensee and certificate holder used in activities affecting quality are inspection. equipment, and services, whether properly controlled, calibrated, and purchased directly or through The licensee, applicant for a license, adjusted at specified periods to contractors and subcontractors, conform certificate holder, and applicant for a maintain accuracy within necessary to the procurement documents. These CoC shall establish and execute a limits. measures must include provisions, as program for inspection of activities appropriate, for source evaluation and affecting quality by or for the § 72.166 Handling, storage, and shipping selection, objective evidence of quality organization performing the activity to control. furnished by the contractor or verify conformance with the The licensee, applicant for a license, subcontractor, inspection at the documented instructions, procedures, certificate holder, and applicant for a contractor or subcontractor source, and and drawings for accomplishing the CoC shall establish measures to control, examination of products upon delivery. activity. The inspection must be in accordance with work and inspection (b) The licensee, applicant for a performed by individuals other than instructions, the handling, storage, license, certificate holder, and applicant those who performed the activity being shipping, cleaning, and preservation of for a CoC shall have available inspected. Examinations, materials and equipment to prevent documentary evidence that material and measurements, or tests of material or damage or deterioration. When equipment conform to the procurement products processed must be performed necessary for particular products, specifications prior to installation or use for each work operation where special protective environments, such as of the material and equipment. The necessary to assure quality. If direct inert gas atmosphere, and specific licensee and certificate holder shall inspection of processed material or moisture content and temperature levels retain or have available this products cannot be carried out, indirect must be specified and provided. documentary evidence for the life of the control by monitoring processing methods, equipment, and personnel § 72.168 Inspection, test, and operating ISFSI, MRS, or spent fuel storage cask. status. The licensee and certificate holder shall must be provided. Both inspection and ensure that the evidence is sufficient to process monitoring must be provided (a) The licensee, applicant for a identify the specific requirements met when quality control is inadequate license, certificate holder, and applicant by the purchased material and without both. If mandatory inspection for a CoC shall establish measures to equipment. hold points that require witnessing or indicate, by the use of markings such as (c) The licensee, applicant for a inspecting by the licensee’s or certificate stamps, tags, labels, routing cards, or license, certificate holder, and applicant holder’s designated representative, and other suitable means, the status of for a CoC, or a designee of either, shall beyond which work should not proceed inspections and tests performed upon assess the effectiveness of the control of without the consent of its designated individual items of the ISFSI, MRS, or quality by contractors and representative, are required, the specific spent fuel storage cask. These measures subcontractors at intervals consistent hold points must be indicated in must provide for the identification of with the importance, complexity, and appropriate documents. items which have satisfactorily passed quantity of the product or services. required inspections and tests where § 72.162 Test control. necessary to preclude inadvertent § 72.156 Identification and control of The licensee, applicant for a license, bypassing of the inspections and tests. materials, parts, and components. certificate holder, and applicant for a (b) The licensee shall establish The licensee, applicant for a license, CoC shall establish a test program to measures to identify the operating status certificate holder, and applicant for a ensure that all testing, required to of structures, systems, and components CoC shall establish measures for the demonstrate that the structures, of the ISFSI or MRS, such as tagging

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.115 pfrm02 PsN: 15OCR4 56126 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations valves and switches, to prevent holder until the NRC terminates the fabrication of spent fuel storage casks inadvertent operation. license or CoC. under a CoC does not begin prior to receipt of the CoC for the spent fuel § 72.170 Nonconforming materials, parts, § 72.176 Audits. storage cask. or components. The licensee, applicant for a license, (d)(1) The certificate holder shall The licensee, applicant for a license, certificate holder, and applicant for a ensure that a record is established and certificate holder, and applicant for a CoC shall carry out a comprehensive maintained for each spent fuel storage CoC shall establish measures to control system of planned and periodic audits cask fabricated under the CoC. materials, parts, or components that do to verify compliance with all aspects of (2) This record must include: not conform to their requirements in the quality assurance program and to (i) The NRC CoC number; order to prevent their inadvertent use or determine the effectiveness of the (ii) The spent fuel storage cask model installation. These measures must program. The audits must be performed number; include, as appropriate, procedures for in accordance with written procedures (iii) The spent fuel storage cask identification, documentation, or checklists by appropriately trained identification number; segregation, disposition, and personnel not having direct (iv) Date fabrication was started; notification to affected organizations. responsibilities in the areas being (v) Date fabrication was completed; Nonconforming items must be reviewed audited. Audited results must be (vi) Certification that the spent fuel and accepted, rejected, repaired, or documented and reviewed by storage cask was designed, fabricated, reworked in accordance with management having responsibility in tested, and repaired in accordance with the area audited. Follow-up action, documented procedures. a quality assurance program accepted by including reaudit of deficient areas, NRC; § 72.172 Corrective action. must be taken where indicated. (vii) Certification that inspections 9. Section 72.232 is revised to read as required by § 72.236(j) were performed The licensee, applicant for a license, follows: certificate holder, and applicant for a and found satisfactory; and CoC shall establish measures to ensure § 72.232 Inspection and tests. (viii) The name and address of the licensee using the spent fuel storage that conditions adverse to quality, such (a) The certificate holder and as failures, malfunctions, deficiencies, applicant for a CoC shall permit, and cask. (3) The certificate holder shall supply deviations, defective material and make provisions for, the NRC to inspect the original of this record to the equipment, and nonconformances, are the premises and facilities where a licensees using the spent fuel storage promptly identified and corrected. In spent fuel storage cask is designed, cask. A current copy of a composite the case of a significant condition fabricated, and tested. record of all spent fuel storage casks identified as adverse to quality, the (b) The certificate holder and manufactured under a CoC, showing the measures must ensure that the cause of applicant for a CoC shall make available information in paragraph (d)(2) of this the condition is determined and to the NRC for inspection, upon section, must be initiated and corrective action is taken to preclude reasonable notice, records kept by them maintained by the certificate holder for repetition. The identification of the pertaining to the design, fabrication, and each model spent fuel storage cask. If significant condition adverse to quality, testing of spent fuel storage casks. the certificate holder permanently the cause of the condition, and the (c) The certificate holder and ceases production of spent fuel storage corrective action taken must be applicant for a CoC shall perform, and casks under a CoC, the certificate holder documented and reported to appropriate make provisions that permit the NRC to shall send this composite record to the levels of management. perform, tests that the Commission deems necessary or appropriate for the Commission using instructions in § 72.174 Quality assurance records. administration of the regulations in this § 72.4. (e) The certificate holder and the The licensee, applicant for a license, part. (d) The certificate holder and licensees using the spent fuel storage certificate holder, and applicant for a applicant for a CoC shall submit a cask shall ensure that the composite CoC shall maintain sufficient records to notification under § 72.4 at least 45 days record required by paragraph (d) of this furnish evidence of activities affecting prior to starting fabrication of the first section is available to the Commission quality. The records must include the spent fuel storage cask under a for inspection. following: design records, records of Certificate of Compliance. (f) The certificate holder shall ensure use, and the results of reviews, 10. Section 72.234 is revised to read that written procedures and appropriate inspections, tests, audits, monitoring of as follows: tests are established prior to use of the work performance, and materials spent fuel storage casks. A copy of these analyses. The records must include § 72.234 Conditions of approval. procedures and tests must be provided closely related data such as (a) The certificate holder and to each licensee using the spent fuel qualifications of personnel, procedures, applicant for a CoC shall ensure that the storage cask. and equipment. Inspection and test design, fabrication, testing, and 11. Section 72.236 is revised to read records must, at a minimum, identify maintenance of a spent fuel storage cask as follows: the inspector or data recorder, the type comply with the requirements in of observation, the results, the § 72.236. § 72.236 Specific requirements for spent acceptability, and the action taken in (b) The certificate holder and fuel storage cask approval and fabrication. connection with any noted deficiencies. applicant for a CoC shall ensure that the The certificate holder shall ensure Records must be identifiable and design, fabrication, testing, and that the requirements of this section are retrievable. Records pertaining to the maintenance of spent fuel storage casks met. An applicant for a CoC shall ensure design, fabrication, erection, testing, are conducted under a quality assurance that the requirements of this section are maintenance, and use of structures, program that meets the requirements of met, except for paragraphs (j) and (k) of systems, and components important to subpart G of this part. this section. safety must be maintained by or under (c) The certificate holder and (a) Specifications must be provided the control of the licensee or certificate applicant for a CoC shall ensure that the for the spent fuel to be stored in the

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.116 pfrm02 PsN: 15OCR4 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations 56127 spent fuel storage cask, such as, but not transportation, and ultimate disposition ability of structures, systems, and limited to, type of spent fuel (i.e., BWR, by the Department of Energy. components important to safety to PWR, both), maximum allowable 12. Section 72.240 is revised to read perform their intended safety function. enrichment of the fuel prior to any as follows: The written report shall be sent to the irradiation, burn-up (i.e., megawatt- NRC in accordance with the § 72.240 Conditions for spent fuel storage days/MTU), minimum acceptable cask reapproval. requirements of § 72.4. The report shall cooling time of the spent fuel prior to include the following: (a) The certificate holder, a licensee storage in the spent fuel storage cask, (1) A brief abstract describing the maximum heat designed to be using a spent fuel storage cask, or the representative of a licensee using a deficiency, including all component or dissipated, maximum spent fuel loading system failures that contributed to the limit, condition of the spent fuel (i.e., spent fuel storage cask shall apply for reapproval of the design of a spent fuel deficiency and corrective action taken intact assembly or consolidated fuel or planned to prevent recurrence; rods), the inerting atmosphere storage cask. (2) A clear, specific, narrative requirements. (b) The application for reapproval of the design of a spent fuel storage cask description of what occurred so that (b) Design bases and design criteria knowledgeable readers familiar with the must be provided for structures, must be submitted not less than 30 days prior to the expiration date of the CoC. design of the spent fuel storage cask, but systems, and components important to not familiar with the details of a safety. When the applicant has submitted a timely application for reapproval, the particular cask, can understand the (c) The spent fuel storage cask must existing CoC will not expire until the deficiency. The narrative description be designed and fabricated so that the application for reapproval has been shall include the following specific spent fuel is maintained in a subcritical determined by the NRC. The application information as appropriate for the condition under credible conditions. must be accompanied by a safety particular event: (d) Radiation shielding and analysis report (SAR). The new SAR confinement features must be provided (i) Dates and approximate times of may reference the SAR originally sufficient to meet the requirements in discovery; submitted for the approved spent fuel §§ 72.104 and 72.106. (ii) The cause of each component or storage cask design. (e) The spent fuel storage cask must system failure, if known; (c) The design of a spent fuel storage be designed to provide redundant cask will be reapproved if the (iii) The failure mode, mechanism, sealing of confinement systems. conditions in § 72.238 are met, and the and effect of each failed component, if (f) The spent fuel storage cask must be application includes a demonstration known; designed to provide adequate heat that the storage of spent fuel has not (iv) A list of systems or secondary removal capacity without active cooling significantly adversely affected functions that were also affected for systems. structures, systems, and components failures of components with multiple (g) The spent fuel storage cask must important to safety. functions; be designed to store the spent fuel safely 13. Section 72.242 is added to read as (v) The method of discovery of each for a minimum of 20 years and permit follows: component or system failure; maintenance as required. (h) The spent fuel storage cask must § 72.242 Recordkeeping and reports. (vi) The manufacturer and model be compatible with wet or dry spent fuel (a) Each certificate holder or applicant number (or other identification) of each loading and unloading facilities. shall maintain any records and produce component that failed during the event; (i) The spent fuel storage cask must be any reports that may be required by the (vii) The model and serial numbers of designed to facilitate decontamination conditions of the CoC or by the rules, the affected spent fuel storage casks; to the extent practicable. regulations, and orders of the NRC in (viii) The licensees that have affected (j) The spent fuel storage cask must be effectuating the purposes of the Act. spent fuel storage casks; inspected to ascertain that there are no (b) Records that are required by the (3) An assessment of the safety cracks, pinholes, uncontrolled voids, or regulations in this part or by conditions consequences and implications of the other defects that could significantly of the CoC must be maintained for the deficiency. This assessment shall reduce its confinement effectiveness. period specified by the appropriate include the availability of other systems (k) The spent fuel storage cask must regulation or the CoC conditions. If a or components that could have be conspicuously and durably marked retention period is not specified, the performed the same function as the with— records must be maintained until the components and systems that were (1) A model number; NRC terminates the CoC. affected; (2) A unique identification number; (c) Any record maintained under this (4) A description of any corrective and part may be either the original or a actions planned as a result of the (3) An empty weight. reproduced copy by any state-of-the-art deficiency, including those to reduce (l) The spent fuel storage cask and its method provided that any reproduced the probability of similar occurrences in systems important to safety must be copy is duly authenticated by the future; evaluated, by appropriate tests or by authorized personnel and is capable of (5) Reference to any previous similar other means acceptable to the NRC, to producing a clear and legible copy after deficiencies at the same facility that are demonstrate that they will reasonably storage for the period specified by NRC known to the certificate holder; and maintain confinement of radioactive regulations. material under normal, off-normal, and (d) Each certificate holder shall (6) The name and telephone number credible accident conditions. submit a written report to the NRC of a person within the certificate (m) To the extent practicable in the within 30 days of discovery of a design holder’s organization who is design of spent fuel storage casks, or fabrication deficiency, for any spent knowledgeable about the deficiency and consideration should be given to fuel storage cask which has been can provide additional information. compatibility with removal of the stored delivered to a licensee, when the design Dated at Rockville, Maryland, this 5th day spent fuel from a reactor site, or fabrication deficiency affects the of October, 1999.

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.118 pfrm02 PsN: 15OCR4 56128 Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Rules and Regulations

For the Nuclear Regulatory Commission. Andrew L. Bates, Acting Secretary of the Commission. [FR Doc. 99–26700 Filed 10–14–99; 8:45 am] BILLING CODE 7590±01±P

VerDate 12-OCT-99 14:44 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\A15OC0.118 pfrm02 PsN: 15OCR4 Federal Register / Vol. 64, No. 199 Friday, October 15, 1999 / Notices 56129

NUCLEAR REGULATORY The Commission has concluded that requirements were approved by the COMMISSION additional enforcement sanctions; e.g., Office of Management and Budget issuance of Notices of Violations (NOVs) (OMB), approval number 3150–0136. [NUREG±1600, Rev. 1] and orders, are required to address the The approved information collection NRC Enforcement Policy; Enforcement performance problems which have requirements contained in this policy Action Against Nonlicensees Under 10 occurred in the spent fuel storage statement appear in Section VII.C. CFR Part 72 industry. Also, concurrent with publication of this change to the Public Protection Notification AGENCY: Nuclear Regulatory Enforcement Policy, the Commission is The NRC may not conduct or sponsor, Commission. amending part 72 to expand its and a person is not required to respond ACTION: Policy statement; revision. applicability to holders of, and to, a collection of information unless it applicants for, Certificates of displays a currently valid OMB control SUMMARY: The Nuclear Regulatory Compliance (CoCs). While CoCs are number. Commission (NRC) is publishing a legally binding documents, certificate revision to its Enforcement Policy holders or applicants for a CoC have not Small Business Regulatory Enforcement (NUREG–1600, Rev.1, ‘‘General clearly been brought within the scope of Fairness Act Statement of Policy and Procedure for certain part 72 requirements, and the In accordance with the Small NRC Enforcement Actions’’) to clarify NRC has not had a clear basis to cite Business Regulatory Enforcement that enforcement action may be taken these persons for violations of part 72 Fairness Act of 1996, the NRC has against nonlicensees for violations of 10 requirements in the same way it treats determined that this action is not a CFR part 72. licensees. When the NRC has identified major rule and has verified this a failure to comply with part 72 DATES: This action is effective October determination with the Office of requirements by these persons, it has 15, 1999, while comments are being Information and Regulatory Affairs of taken administrative action by issuing a received. Submit comments on or before OMB. November 29, 1999. Notice of Nonconformance (NON) or a Demand for Information rather than an Accordingly, the NRC Enforcement ADDRESSES: Submit written comments Policy published at 63 FR 26632 is to: David L. Meyer, Chief, Rules and NOV. With these changes to part 72, the Commission will be in a position to amended by revising the last paragraph Directives Branch, Division of of section X to read as follows: Administrative Services, Office of issue NOVs and Orders to certificate Administration, Mail Stop: T6D59, U.S. holders and applicants. While the part General Statement of Policy and Procedure Nuclear Regulatory Commission, 72 changes do not apply to contractors for NRC Enforcement Actions Washington, DC 20555. Hand deliver and subcontractors certain existing * * * * * comments to: 11555 Rockville Pike, regulations provide for enforcement action to be taken against contractors X. Enforcement Action Against Non- Rockville, Maryland, between 7:30 am Licensees and subcontractors, e.g., parts 72.10 and and 4:15 pm, Federal workdays. Copies * * * * * of comments received may be examined 72.12. A Notice of Violation (NOV) is a When inspections determine that at the NRC Public Document Room, written notice that sets forth one or violations of NRC requirements have 2120 L Street, NW (Lower Level), occurred, or that contractors have failed to more violations of a legally binding Washington, DC. fulfill contractual commitments (e.g., 10 CFR requirement. The NOV effectively part 50, appendix B) that could adversely FOR FURTHER INFORMATION CONTACT: conveys to both the person violating the Richard W. Borchardt, Director, Office affect the quality of a safety significant requirement and the public that a product or service, enforcement action will of Enforcement, U.S. Nuclear Regulatory violation of a legally binding be taken. Notices of Violation and civil Commission, Washington, DC 20555, requirement has occurred and permits penalties will be used, as appropriate, for (301) 415–2741. use of graduated severity levels to licensee failures to ensure that their SUPPLEMENTARY INFORMATION: The convey more clearly the safety contractors have programs that meet Commission’s ‘‘General Statement of significance of the violation. Therefore, applicable requirements. Notices of Violation will be issued for contractors who violate 10 Policy and Procedure for NRC in addition to the changes to part 72, the Enforcement Actions’’ (Enforcement CFR part 21. Civil penalties will be imposed Commission is amending part X of the against individual directors or responsible Policy or Policy) (63 FR 26630, May 13, Enforcement Policy, Enforcement officers of a contractor organization who 1998) primarily addresses violations by Action Against Non-Licensees, to make knowingly and consciously fail to provide licensees and certain nonlicensed clear that nonlicensees who are subject the notice required by 10 CFR 21.21(b)(1). persons, including certificate holders, as to specific regulatory requirements; e.g., Notices of Violation or orders will be used discussed further in footnote 3 to part 72, will be subject to enforcement against nonlicensees who are subject to the section I, Introduction and Purpose, and action, including NOVs and orders. The specific requirements of part 72. Notices of in section X, Enforcement Action final part 72 rule does not provide Nonconformance will be used for contractors who fail to meet commitments related to NRC Against Nonlicensees. authority for issuing civil penalties to In 10 CFR part 72 of the NRC’s activities but are not in violation of specific nonlicensees other than that already requirements. regulations addresses licensing provided under the Deliberate * * * * * requirements for the independent Misconduct Rule in § 72.12. storage of spent nuclear fuel and high- For the Nuclear Regulatory Commission. level radioactive waste. Over the past Paperwork Reduction Act Dated at Rockville, Maryland, this 5th day two years, the Commission has observed This policy statement does not of October, 1999. problems with the performance of contain a new or amended information Andrew L. Bates, several certificate holders and their collection requirement subject to the Acting Secretary of the Commission. contractors and subcontractors in the Paperwork Reduction Act of 1995 (44 [FR Doc. 99–26701 Filed 10–14–99; 8:45 am] manufacture of spent fuel storage casks. U.S.C. 3501 et seq.). Existing BILLING CODE 7590±01±P

VerDate 12-OCT-99 15:43 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4701 Sfmt 4701 E:\FR\FM\15OCN4.XXX pfrm06 PsN: 15OCN4 i

Reader Aids Federal Register Vol. 64, No. 199 Friday, October 15, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR EO 13138)...... 53879 12876 (Amended by Presidential Documents Proclamations: EO 13138)...... 53879 4865 (See Executive orders and proclamations 523±5227 12882 (Amended by Memorandum of The United States Government Manual 523±5227 EO 13138)...... 53879 April 16, 1999) ...... 53883 12888 (See EO 4865 (See Other Services 13140) ...... 55115 Memorandum of 12900 (Amended by Electronic and on-line services (voice) 523±4534 September 24, EO 13138)...... 53879 Privacy Act Compilation 523±3187 1999) ...... 53883 12905 (Amended by Public Laws Update Service (numbers, dates, etc.) 523±6641 6763 (See EO 13138)...... 53879 TTY for the deaf-and-hard-of-hearing 523±5229 Proclamation 12936 (See EO 7235) ...... 55611 13140) ...... 55115 Administrative Orders: 12960 (See EO ELECTRONIC RESEARCH Memorandums: 13140) ...... 55115 World Wide Web September 24, 1999...... 55809 12961 (Revoked by 7227...... 53877 EO 13138)...... 53879 Full text of the daily Federal Register, CFR and other 7228...... 54193 12994 (Amended by publications: 7229...... 54195 EO 13138)...... 53879 http://www.access.gpo.gov/nara 7230...... 54197 13010 (Revoked in Federal Register information and research tools, including Public 7231...... 54755 part by EO Inspection List, indexes, and links to GPO Access: 7232...... 54757 13138) ...... 53879 7233...... 54759 13017 (Revoked by http://www.nara.gov/fedreg 7234...... 55405 EO 13138)...... 53879 E-mail 7235...... 55611 13021 (Amended by 7236...... 55613 EO 13138)...... 53879 PENS (Public Law Electronic Notification Service) is an E-mail 7237...... 55615 13037 (Revoked by service for notification of recently enacted Public Laws. To 7238...... 55617 EO 13138)...... 53879 subscribe, send E-mail to 7239...... 55619 13038 (Revoked by [email protected] Executive Orders: EO 13138)...... 53879 13050 (Revoked by with the text message: 11145 (Amended by EO 13138)...... 53879 EO 13138)...... 53879 subscribe PUBLAWS-L your name 11183 (Amended by 13062 (Superseded in Use [email protected] only to subscribe or unsubscribe to EO 13138)...... 53879 part by EO PENS. We cannot respond to specific inquiries. 11287 (Amended by 13138) ...... 53879 13086 (See EO Reference questions. Send questions and comments about the EO 13138)...... 53879 13140) ...... 55115 Federal Register system to: 12131 (Amended by EO 13138)...... 53879 13115 (Amended by [email protected] 12196 (Amended by EO 13138)...... 53879 The Federal Register staff cannot interpret specific documents or EO 13138)...... 53879 13138...... 53879 regulations. 12216 (Amended by 13139...... 54175 EO 13138)...... 53879 13140...... 55115 Administrative Orders: FEDERAL REGISTER PAGES AND DATE, OCTOBER 12345 (Amended by EO 13138)...... 53879 Memorandums: 53179±53580...... 1 12367 (Amended by April 16, 1999 ...... 53883 53581±53882...... 4 EO 13138)...... 53879 Presidential Determinations: 53883±54198...... 5 12382 (Amended by No. 99±38 of EO 13138)...... 53879 September 21, 54199±54498...... 6 12473 (Amended by 1999 ...... 53573 54499±54758...... 7 EO 13140)...... 55115 No. 99±39 of 54759±55114...... 8 12478 (See EO September 21, 55115±55404...... 12 13140 ...... 55115 1999 ...... 53575 55405±55614...... 13 12550 (See EO No. 99±40 of 55615±55808...... 14 13140) ...... 55115 September 21, 55809±56130...... 15 12586 (See EO 1999 ...... 53577 13140) ...... 55115 No. 99±41 of 12708 (See EO September 22, 13140) ...... 55115 1999 ...... 53579 12767 (See EO No. 99±42 of 13140) ...... 55115 September 29, 12852 (Revoked by 1999 ...... 54499 EO 13138)...... 53879 No. 99±43 of 12871 (Amended by September 30,

VerDate 12-OCT-99 17:13 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\15OCCU.XXX pfrm01 PsN: 15OCCU ii Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Reader Aids

1999 ...... 54501 50...... 53270 750...... 53854 888...... 53450 No. 99±44 of 752...... 53854 September 30, 11 CFR 758...... 53854 25 CFR 1999 ...... 54503 110...... 55125 762...... 53854 516...... 54541 No. 99±45 of Proposed Rules: 772...... 53854 Proposed Rules: September 30, 100...... 55440 151...... 55878 17 CFR 1999 ...... 53505 102...... 55440 210...... 53900 26 CFR 5 CFR 104...... 55440 228...... 53900 1...... 55137 532...... 53179 12 CFR 229...... 53900 Proposed Rules: 831...... 53581 204...... 53617 230...... 53900 1...... 54836 842...... 53581 262...... 53188 239...... 53900 870...... 54761 602...... 54511 240...... 53900 27 CFR 1201...... 54507 612...... 55621 249...... 53900 1...... 54776 260...... 53900 7 CFR 614...... 55621 47...... 55625 618...... 55621 Proposed Rules: 55...... 55625 210...... 55407 910...... 55125 210...... 55648 215...... 55407 28 CFR Proposed Rules: 228...... 55648 220...... 55407 714...... 55866 229...... 55648 Ch. I ...... 54794 235...... 55407 724...... 55871 240...... 55648 Proposed Rules: 245...... 55407 745...... 55871 571...... 53872 301...... 55811 18 CFR 735...... 54508 13 CFR 2...... 54522 29 CFR 915...... 53181 157...... 54522 4044...... 55828 923...... 53885 Proposed Rules: 121...... 55873 284...... 54522 944...... 53181 380...... 54522 30 CFR 1000...... 53885 14 CFR 385...... 54522 250...... 53195 1001...... 53885 Proposed Rules: 948...... 53200 1002...... 53885 25...... 54761 385...... 53959 950...... 53202 1004...... 53885 36...... 55598 39 ...... 53189, 53191, 53193, Proposed Rules: 1005...... 53885 19 CFR 1006...... 53885 53620, 53621, 53623, 53625, 250...... 53298 122...... 53627 1007...... 53885 54199, 54200, 54202, 54512, 901...... 55878 54513, 54515, 54517, 54518, 915...... 54840 1012...... 53885 20 CFR 1013...... 53885 54763, 54767, 54769, 54770, 946...... 54843 1030...... 53885 54773, 54774, 55407, 55409, Proposed Rules: 948...... 54845 404...... 55214 1032...... 53885 55411, 55413, 55414, 55416, 422...... 55216 32 CFR 1033...... 53885 55621, 55624, 55815 718...... 54966 1036...... 53885 71 ...... 53627, 53887, 53888, 700...... 56062 722...... 54966 1040...... 53885 53889, 53890, 53891, 53892, 1800...... 53769 725...... 54966 1044...... 53885 53893, 53894, 53895, 53896, 726...... 54966 33 CFR 1046...... 53885 53898, 53899, 54203, 54204, 727...... 54966 1049...... 53885 54205, 54206, 55131, 55815, 100 ...... 53208, 53628, 55829, 55816, 55817, 55818, 55819, 55830 1050...... 53885 21 CFR 1064...... 53885 55820 117 ...... 53209, 54776, 55137, 1065...... 53885 93...... 53558 Ch. II ...... 54794 55419, 55831 1068...... 53885 97 ...... 55132, 55133, 55135 50...... 54180 165...... 55138, 55420 1076...... 53885 Proposed Rules: 178...... 53925 Proposed Rules: 1079...... 53885 39 ...... 53275, 53951, 53953, 312...... 54180 20...... 53970 1106...... 53885 54227, 54229, 54230, 54232, 558...... 53926 100...... 54847, 54849 1124...... 53885 54234, 54237, 54239, 54240, 878...... 53927 117...... 55217 1126...... 53885 54242, 54246, 54248, 54249, 900...... 53195 165...... 54242, 54963 1131...... 53885 54580, 54582, 54584, 54587, Proposed Rules: 175...... 53971 1134...... 53885 54589, 54591, 54594, 54596, 5...... 53281 207...... 55441 1135...... 53885 54598, 54795, 54797, 54799, 25...... 53281 34 CFR 1137...... 53885 54801, 54804, 54808, 54811, 314...... 53960 1138...... 53885 54815, 54818, 54822, 54826, 500...... 53281 Proposed Rules: 1139...... 53885 54829, 54833, 55177, 55181, 510...... 53281 75...... 54254 1755...... 53886 55184, 55188, 55191, 55195, 558...... 53281 55196, 55197, 55200, 55204, 601...... 53960 36 CFR 8 CFR 55207, 55211, 55440, 55636, 880...... 53294 Proposed Rules: Proposed Rules: 55638, 55640, 55642, 55644 217...... 59074 22 CFR Ch. 1 ...... 54794 71...... 53956, 53957 219...... 59074 193...... 53958 Ch. V...... 54538 9 CFR 450...... 54448 40...... 55417 37 CFR 94...... 55812, 55813 42...... 55417 Proposed Rules: 317...... 53186 15 CFR 171...... 54538 1...... 53772 381...... 53186 902...... 55821 514...... 53928 3...... 53772 774...... 54520 Proposed Rules: 5...... 53772 10 CFR 902...... 54732 194...... 53632 10...... 53772 20...... 54543, 55524 Proposed Rules: 38 CFR 50...... 53582 30...... 53861 24 CFR 72...... 53582, 56114 732...... 53854 200...... 53930, 55828 3...... 54206 431...... 54114 740...... 53854 203...... 56108 17...... 54207 Proposed Rules: 743...... 53854 234...... 56108 Proposed Rules: 2...... 55176 748...... 53854 882...... 53868 20...... 53302

VerDate 12-OCT-99 17:13 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\15OCCU.XXX pfrm01 PsN: 15OCCU Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Reader Aids iii

39 CFR Proposed Rules: 153...... 53220 Proposed Rules: 2800...... 55452 909...... 55453 Proposed Rules: 160...... 53220 111...... 54255 2880...... 55452 161...... 53220 970...... 55453 162...... 53220 1804...... 54270 44 CFR 40 CFR 167...... 53220 1812...... 54270 52 ...... 53210, 53931, 54559, 65 ...... 53931, 53933, 53936 169...... 53220 1852...... 54270 55139, 55141, 55421, 55831 67...... 53938, 53939 177...... 53220 61...... 53212 206...... 55158 181...... 53220 49 CFR 62...... 55141 Proposed Rules: 189...... 53220 172...... 54730 76...... 55834 67...... 53980, 53982 193...... 53220 1002...... 53264 197...... 53220 81...... 55421 45 CFR 1003...... 53264 180 ...... 54218, 54777, 54779, 199...... 53220 1007...... 53264 55838 96...... 55843 204...... 54782 1011...... 53264 201...... 55141 Proposed Rules: Proposed Rules: 1012...... 53264 271 ...... 55142, 55153, 55629 302...... 55074 5...... 53970 1014...... 53264 300...... 53213, 53629 303...... 55074 1017...... 53264 Proposed Rules: 304...... 55074 47 CFR 1018...... 53264 305...... 55074 49...... 54851 Ch. I...... 54561, 55671 1019...... 53264 308...... 55102 52 ...... 53303, 53973, 54600, 0...... 55161, 55425 1021...... 53264 54601, 54851, 55219, 55220, 46 CFR 1...... 53231 1034...... 53264 55442, 55662, 55667, 55879 13...... 53231 1039...... 53264 1...... 53220 76...... 55880 20...... 54564 1100...... 53264 2...... 53220 81...... 55442 22...... 53231, 54564 1101...... 53264 4...... 53220 122...... 53304 64 ...... 53242, 53944, 54577, 1103...... 53264 10...... 53220, 53230 123...... 53304 55163, 55164 1104...... 53264 12...... 53230 124...... 53304 73 ...... 54224, 54225, 54783, 1105...... 53264 15...... 53220 130...... 53304 54784, 54785, 54786, 55172, 1113...... 53264 31...... 53220 131...... 53304 55173, 55174, 55434 1133...... 53264 34...... 53220 132...... 53632 80...... 53231 1139...... 53264 38...... 53220 197...... 53304 87...... 53231 1150...... 53264 52...... 53220 258...... 53976 90...... 53231 1151...... 53264 53...... 53220 261...... 55443, 55880 95...... 53231 1152...... 53264 54...... 53220 264...... 54604 97...... 53231 1177...... 53264 56...... 53220 271...... 55222, 55671 101...... 53231 1180...... 53264 57...... 53220 1184...... 53264 41 CFR 58...... 53220 Proposed Rules: Proposed Rules: 59...... 53220 54...... 53648 51-2...... 55841 71...... 55892 61...... 53220 61...... 53648 51-5...... 55841 661...... 54855 63...... 53220 69...... 53648 42 CFR 64...... 53220 73 ...... 53655, 54268, 54269, 54270, 55222, 55223, 55452, 50 CFR Proposed Rules: 67...... 53220 57...... 54263 68...... 53220 55453 216...... 53269 58...... 54263 69...... 53220 76...... 54854 222...... 55858, 55860 447...... 54263 76...... 53220 223 ...... 55434, 55858, 55860 91...... 53220 48 CFR 600...... 54786 43 CFR 95...... 53220 Ch. 19 ...... 54538 635 ...... 53949, 54577, 55633 1820...... 53213 98...... 53220 1...... 53264 648...... 54732, 55821 3500...... 53512 105...... 53220 15...... 53264 660...... 54786 3510...... 53512 107...... 53220 19...... 53264 679 ...... 53630, 53950, 54225, 3520...... 53512 108...... 53220 52...... 53264 54578, 54791, 54792, 55438, 3530...... 53512 109...... 53220 209...... 55632 55634, 55865 3540...... 53512 118...... 53220 211...... 55632 Proposed Rules: 3550...... 53512 125...... 53220 214...... 55632 17...... 53655, 55892 3560...... 53512 133...... 53220 237...... 53447 648...... 55688 3570...... 53512 147...... 53220 252...... 55632 660...... 54272, 55689 3800...... 53213 151...... 53220 415...... 54963 679...... 53305

VerDate 12-OCT-99 17:13 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\15OCCU.XXX pfrm01 PsN: 15OCCU iv Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Reader Aids

REMINDERS Florida; comments due by Arizona; comments due by National Pollutant The items in this list were 10-19-99; published 8-20- 10-20-99; published 9-20- Discharge Elimination editorially compiled as an aid 99 99 System program and to Federal Register users. Walnuts grown inÐ Delaware; comments due by Federal antidegradation Inclusion or exclusion from California; comments due by 10-18-99; published 9-17- policy; comments due this list has no legal 10-18-99; published 8-19- 99 by 10-22-99; published significance. 99 Delaware; correction; 8-23-99 AGRICULTURE comments due by 10-18- FEDERAL DEPARTMENT 99; published 9-29-99 COMMUNICATIONS RULES GOING INTO COMMISSION Rural Utilities Service Nevada; comments due by EFFECT OCTOBER 15, 10-20-99; published 9-20- Radio frequency devices: Telecommunications loan: 1999 99 Digital television receivers; General policies, types of Air quality implementation closed captioning loans and loan COMMERCE DEPARTMENT plans; approval and requirements; comments requirements; comments National Oceanic and promulgation; various due by 10-18-99; due by 10-18-99; Atmospheric Administration States: published 8-2-99 published 9-17-99 Fishery conservation and Arizona; comments due by Radio stations; table of Telecommunications loans: management: 10-20-99; published 9-20- assignments: Atlantic highly migratory General policies, types of 99 Oregon; comments due by speciesÐ loans and loan 10-18-99; published 9-10- requirements; comments California; comments due by Large coastal shark; 99 due by 10-18-99; 10-22-99; published 9-22- published 10-5-99 published 9-17-99 99 GENERAL SERVICES ENVIRONMENTAL Nevada; comments due by ADMINISTRATION COMMERCE DEPARTMENT PROTECTION AGENCY 10-21-99; published 10-1- Acquisition regulations: Export Administration Air quality implementation 99 Architect-engineer Bureau plans; approval and Oregon; comments due by procurements; selection promulgation; various Export administration 10-21-99; published 9-21- criteria; comments due by States: regulations: 99 10-18-99; published 8-17- Connecticut; published 8-16- Commercial charges and South Dakota; comments 99 99 devices containing due by 10-21-99; HEALTH AND HUMAN Minnesota; published 8-16- energetic materials; published 9-21-99 SERVICES DEPARTMENT exports and reexports; 99 Hazardous waste: Food and Drug comments due by 10-18- New Hampshire; published Administration 99; published 9-1-99 Identification and listingÐ 8-16-99 Human drugs: COMMERCE DEPARTMENT Dye and pigment Wisconsin; published 8-16- industries; comments Topical antifungal products 99 National Oceanic and due by 10-21-99; (OTC); tentative final Pesticides; tolerances in food, Atmospheric Administration published 9-8-99 monograph; comments animal feeds, and raw Fishery conservation and Pesticides; tolerances in food, due by 10-20-99; agricultural commodities: management: animal feeds, and raw published 7-22-99 Rhizobium inoculants; Caribbean, Gulf, and South agricultural commodities: HEALTH AND HUMAN published 10-15-99 Atlantic fisheriesÐ Glufosinate ammonium; SERVICES DEPARTMENT TRANSPORTATION Gulf of Mexico Region comments due by 10-18- Health Care Financing DEPARTMENT fishery management 99; published 8-18-99 Administration Federal Aviation plans; comments due Pyriproxyfen; comments due Group and individual health Administration by 10-18-99; published by 10-18-99; published 8- insurance markets; Federal 8-18-99 Airworthiness directives: 18-99 enforcement; comments due Northeastern United States Pratt & Whitney; published Superfund program: by 10-19-99; published 8- fisheriesÐ 10-15-99 National oil and hazardous 20-99 Atlantic herring; comments Class E airspace; published 9- substances contingency Medicare: due by 10-18-99; 29-99¶ planÐ Graduate medical education; published 9-16-99 National priorities list incentive payments under CONSUMER PRODUCT RULES GOING INTO update; comments due plans for voluntary SAFETY COMMISSION reduction in number of EFFECT OCTOBER 16, by 10-18-99; published Consumer Product Safety Act: 9-17-99 residents; comments due 1999 by 10-18-99; published 8- Multi-purpose lighters; child National priorities list 18-99 resistance standard; update; comments due TRANSPORTATION comments due by 10-18- HOUSING AND URBAN DEPARTMENT by 10-18-99; published 99; published 8-4-99 9-17-99 DEVELOPMENT Coast Guard DEFENSE DEPARTMENT National priorities list; DEPARTMENT Regattas and marine parades: Civilian health and medical update; comments due Acquisition regulations: Stone Mountain Productions; program of uniformed by 10-18-99; published Miscellaneous amendments; published 10-15-99 services (CHAMPUS): 9-17-99 comments due by 10-22- Prosthetic devices; Water programs: 99; published 8-23-99 COMMENTS DUE NEXT comments due by 10-19- Clean Water ActÐ INTERIOR DEPARTMENT WEEK 99; published 8-20-99 Water quality planning Minerals Management ENVIRONMENTAL and management; Service AGRICULTURE PROTECTION AGENCY comments due by 10- Royalty management: DEPARTMENT Air programs; approval and 22-99; published 8-23- Federal geothermal Agricultural Marketing promulgation; State plans 99 resources valuation; Service for designated facilities and Water quality planning comments due by 10-18- Tomatoes grown inÐ pollutants: and management; 99; published 8-19-99

VerDate 12-OCT-99 17:13 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\15OCCU.XXX pfrm01 PsN: 15OCCU Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / Reader Aids v

LABOR DEPARTMENT RAILROAD RETIREMENT 10-19-99; published 6-21- Appropriations Act, 2000 (Oct. Occupational Safety and BOARD 99 9, 1999; 113 Stat. 986) Health Administration Emergency regulations: TREASURY DEPARTMENT S. 1606/P.L. 106±70 Construction safety and health Plan of operation during Internal Revenue Service standards: national emergency; Procedure and administration: To extend for 9 additional procedures update; months the period for which Fall protection; comments Compromises of internal comments due by 10-18- chapter 12 of title 11, United due by 10-22-99; revenue taxes; cross published 7-14-99 99; published 8-17-99 States Code, is reenacted. reference; comments due (Oct. 9, 1999; 113 Stat. 1031) MANAGEMENT AND TRANSPORTATION by 10-19-99; published 7- BUDGET OFFICE DEPARTMENT 21-99 S. 249/P.L. 106±71 Federal Aviation Federal Procurement Policy Missing, Exploited, and Office Administration LIST OF PUBLIC LAWS Runaway Children Protection Acquisition regulations: Air carrier certification and operations: Act (Oct. 12, 1999; 113 Stat. Cost Accounting Standards This is a continuing list of 1032) BoardÐ Aging airplane safety; comments due by 10-18- public bills from the current Last List October 8, 1999 Cost accounting practices; 99; published 8-18-99 session of Congress which changes; comments due have become Federal laws. It Airworthiness directives: by 10-19-99; published may be used in conjunction Airbus; comments due by 8-20-99 with ``P L U S'' (Public Laws Public Laws Electronic 10-20-99; published 9-20- Update Service) on 202±523± NUCLEAR REGULATORY 99 Notification Service COMMISSION 6641. This list is also Boeing; comments due by (PENS) Radiation protection standards: available online at http:// 10-18-99; published 9-2- www.nara.gov/fedreg. Criticality guidance for low- 99 level waste; proposed Eurocopter France; The text of laws is not PENS is a free electronic mail compatibility designation comments due by 10-22- published in the Federal notification service of newly ange; comments due by 99; published 8-23-99 Register but may be ordered enacted public laws. To 10-20-99; published 9-20- Airworthiness standards: in ``slip law'' (individual subscribe, go to www.gsa.gov/ 99 Transport category pamphlet) form from the archives/publaws-l.html or Spent nuclear fuel and high- airplanesÐ Superintendent of Documents, send E-mail to U.S. Government Printing level radioactive waste; Landing gear shock [email protected] with Office, Washington, DC 20402 independent storage; absorption test the following text message: (phone, 202±512±1808). The licensing requirements: requirements; comments text will also be made SUBSCRIBE PUBLAWS-L Approved spent fuel storage due by 10-18-99; available on the Internet from Your Name. casks; list additions; published 6-18-99 GPO Access at http:// comments due by 10-22- Class E airspace; comments 99; published 9-22-99 www.access.gpo.gov/nara/ Note: This service is strictly due by 10-18-99; published index.html. Some laws may for E-mail notification of new POSTAL RATE COMMISSION 8-27-99 not yet be available. laws. The text of laws is not Practice and procedure: Schools and other certificated available through this service. Library reference rule; agencies: H.R. 2084/P.L. 106±69 PENS cannot respond to comments due by 10-20- Repair stations; Part 145 Department of Transportation specific inquiries sent to this 99; published 9-30-99 review; comments due by and Related Agencies address.

VerDate 12-OCT-99 17:13 Oct 14, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\15OCCU.XXX pfrm01 PsN: 15OCCU