Pages 60333±60646 Vol. 64 11±5±99 eDt 9OT9 73 o 4 99Jt100 O000Fm001Ft41 ft41 :F\M0NW.X fm1PsN:05NOWS pfrm11 E:\FR\FM\05NOWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt190000 17:37Nov04, 1999 VerDate 29-OCT-99 No. 214 federal register November 5,1999 Friday 1 II Federal Register / Vol. 64, No. 214 / Friday, November 5, 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.
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Contents Federal Register Vol. 64, No. 214
Friday, November 5, 1999
Agriculture Department Committee for the Implementation of Textile Agreements See Animal and Plant Health Inspection Service NOTICES See Forest Service Cambodia-U.S. Bilateral Textile Agreement: See National Agricultural Statistics Service Cambodian textile and apparel sector working conditions; See Rural Telephone Bank compliance with Cambodian labor law and internationally recognized core labor standards, Alcohol, Tobacco and Firearms Bureau 60428 NOTICES Agency information collection activities: Defense Department Proposed collection; comment request, 60468–60473 See Army Department
Animal and Plant Health Inspection Service Education Department RULES PROPOSED RULES Plant-related quarantine, domestic: Postsecondary education: Fire ant, imported, 60333–60335 Teacher Quality Enhancement Grants Program, 60631– 60646 NOTICES Army Department Meetings: NOTICES National Commission on Mathematics and Science Environmental statements; availability, etc.: Teaching for 21st Century, 60430 Base realignment and closure— Fort Chaffee, AR, 60429 Employment Standards Administration Sierra Army Depot, CA, 60429–60430 NOTICES Minimum wages for Federal and federally-assisted Arts and Humanities, National Foundation construction; general wage determination decisions, See National Foundation on the Arts and the Humanities 60457–60459
Blind or Severely Disabled, Committee for Purchase From Energy Department People Who Are See Federal Energy Regulatory Commission See Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Environmental statements; availability, etc.: Lawrence Livermore National Laboratory, CA; stockpile stewardship and management, 60430–60431 Children and Families Administration Grants and cooperative agreements; availability, etc.: NOTICES Science Office Financial Assistance Program, 60431– Agency information collection activities: 60434 Proposed collection; comment request, 60450 Meetings: Nonproliferation and National Security Advisory Coast Guard Committee, 60434 PROPOSED RULES Nuclear Energy Research Advisory Committee, 60435 Anchorage regulations: U.S.-Africa Energy Ministers Conference, 60435 New York, 60399–60400 Environmental Protection Agency RULES Commerce Department Air quality implementation plans; approval and See Export Administration Bureau promulgation; various States: See Foreign-Trade Zones Board Tennessee, 60343–60348 See International Trade Administration PROPOSED RULES See National Institute of Standards and Technology Air pollution control; new motor vehicles and engines: See National Oceanic and Atmospheric Administration Light-duty vehicles and trucks— See National Telecommunications and Information Pre-production certification procedures; compliance Administration assurance programs; reconsideration petition, NOTICES 60401–60402 Agency information collection activities: Air programs: Submission for OMB review; comment request, 60408 Ozone areas attaining 1-hour standard; identification of areas where standard will cease to apply Committee for Purchase From People Who Are Blind or Findings rescission, 60477–60553 Severely Disabled Air quality implementation plans; approval and NOTICES promulgation; various States: Procurement list; additions and deletions, 60406–60408 Tennessee, 60400–60401
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NOTICES Federal Emergency Management Agency Environmental statements; availability, etc.: NOTICES Agency statements— Agency information collection activities: Comment availability, 60440 Submission for OMB review; comment request, 60446 Weekly receipts, 60439–60440 Disaster and emergency areas: Grants and cooperative agreements; availability, etc.: Arizona, 60447 Brownfields Cleanup Revolving Loan Fund Pilots, 60440– Connectitcut, 60447 60441 Florida, 60447–60448 National Brownfields Assessment Demonstration Pilots, New York, 60448 60441–60442 Meetings: State FIFRA Issues Research and Evaluation Group, Federal Energy Regulatory Commission 60442–60443 PROPOSED RULES Project XL (excellence and leadership) innovative Electric utilities (Federal Power Act): technologies projects: Rate schedules filing— Elmendorf Air Force Base, AK, 60443–60444 Electric rate schedule sheets; designation procedures, Superfund; response and remedial actions, proposed 60390–60395 settlements, etc.: NOTICES Blackburn and Union Privileges Site, MA, 60444 Electric rate and corporate regulation filings: Morgan Stanley Capital Group et al., 60436–60439 Applications, hearings, determinations, etc.: Executive Office of the President KN Interstate Gas Transmission Co., 60435–60436 See National Drug Control Policy Office National Fuel Gas Supply Corp., 60436 Transcontinental Gas Pipe Line Corp., 60436 Export Administration Bureau RULES Federal Housing Finance Board Export licensing: Kosovo; exemption from license requirements for exports NOTICES and reexports to Serbia, 60339–60342 Federal home loan bank system: Pilot mortgage purchase program— Cincinnati, Indianapolis, and Seattle, 60448–60449 Farm Credit Administration PROPOSED RULES Farm credit system: Federal Maritime Commission Organization— NOTICES Termination of FCS charter to become financial Meetings; Sunshine Act, 60449 institution under another Federal or State chartering authority, 60370–60383 Federal Reserve System RULES Federal Aviation Administration Truth in lending (Regulation Z): RULES Mortgage rates and fees; dollar amount adjustment, 60335 Aircraft: PROPOSED RULES Turbine engine powered airplanes— Truth in lending (Regulation Z): Emission standards and revised test procedures; Short-term cash advances (payday loans), 60368–60370 correction, 60335–60336 NOTICES Airworthiness directives: Banks and bank holding companies: Eurocopter France, 60336–60337 Formations, acquisitions, and mergers, 60449 Low offshore airspace areas, 60337–60339 Meetings; Sunshine Act, 60449–60450 Restricted areas, 60339 PROPOSED RULES Fish and Wildlife Service Airworthiness directives: NOTICES Boeing, 60386–60388 Endangered and threatened species: New Piper Aircraft, Inc., 60383–60386 Wolf control plan for northern Rocky Mountains, 60453– Class C airspace, 60388–60390 60454 Meetings: Federal Communications Commission Red wolves in North Carolina; nonessential experimental RULES population; public open houses, 60454 Common carrier services: Federal-State Joint Board on Universal Service— Access charge reform, 60349–60359 Foreign-Trade Zones Board NOTICES NOTICES Agency information collection activities: Applications, hearings, determinations, etc.: Submission for OMB review; comment request, 60445– Texas, 60408–60409 60446 Forest Service Federal Election Commission NOTICES PROPOSED RULES Environmental statements; notice of intent: Internet use for campaign activity; inquiry, 60360–60368 Gallatin National Forest, MT, 60405–60406
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General Services Administration Land Management Bureau RULES NOTICES Federal property management: Closure of public lands: Information and records management and use— Oregon, 60454–60455 Records management program; FIRMR provisions reestablishment, 60348–60349 National Agricultural Statistics Service NOTICES Health and Human Services Department Meetings: See Children and Families Administration Agriculture Statistics Advisory Committee, 60406 See Health Care Financing Administration See National Institutes of Health National Council on Disability Health Care Financing Administration NOTICES Meetings: NOTICES Agency information collection activities: International Watch Advisory Committee, 60459–60460 Submission for OMB review; comment request, 60450– 60451 National Drug Control Policy Office NOTICES Housing and Urban Development Department High intensity drug trafficking areas designations; list, NOTICES 60444–60445 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— National Foundation on the Arts and the Humanities Excess and surplus Federal property, 60452–60453 NOTICES Meetings: Interior Department Humanities National Council, 60460 See Fish and Wildlife Service See Land Management Bureau National Highway Traffic Safety Administration See National Park Service PROPOSED RULES Motor vehicle safety standards: Internal Revenue Service Occupant crash protection— RULES Air bag requirements for passenger cars and light Income taxes: trucks; upgrade, 60555–60629 Treasury securities, reopening; original issue discount, NOTICES 60342–60343 Meetings: PROPOSED RULES Motor vehicles and equipment; international regulatory Income taxes: harmonization, 60466–60467 Treasury securities, reopening; original issue discount, 60395–60399 National Institute of Standards and Technology NOTICES NOTICES Meetings: Information processing standards, Federal: Citizen Advocacy Panels— Data encryption standard— South Florida District, 60473–60474 Triple DES, 60424–60427 Senior Executive Service: Performance Review Board; membership, 60474 National Institutes of Health International Trade Administration NOTICES NOTICES Meetings: Agency information collection activities: National Center for Complementary and Alternative Proposed collection; comment request, 60409 Medicine, 60451 Antidumping: National Institute of Arthritis and Musculoskeletal and Canned pineapple fruit from— Skin Diseases, 60451 Thailand, 60409 National Institute of Dental and Craniofacial Research, Cold-rolled flat-rolled carbon-quality steel products 60451 from— National Institute of Diabetes and Digestive and Kidney Various countries, 60410–60417 Diseases, 60451–60452 Porcelain-on-steel cookware from— National Institute of Nursing Research, 60452 Mexico, 60417–60422 Scientific Review Center, 60452 Solid fertilizer grade ammonium nitrate from— Russian Federation, 60422–60424 National Oceanic and Atmospheric Administration Countervailing duties: RULES Hot-rolled lead and bismuth carbon steel products from— Fishery conservation and management: Germany, 60424 Northeastern United States fisheries— Atlantic sea scallop, 60359 International Trade Commission PROPOSED RULES NOTICES Fishery conservation and management: Meetings; Sunshine Act, 60457 Caribbean, Gulf, and South Atlantic fisheries— South Atlantic snapper-grouper, 60402 Labor Department West Coast States and Western Pacific fisheries— See Employment Standards Administration Western Pacific Region pelagics, 60402–60404
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National Park Service State Justice Institute NOTICES NOTICES Environmental statements; availability, etc.: Meetings; Sunshine Act, 60466 Chiricahua National Monument, AZ, 60455 Yellowstone and Grand Teton National Parks and John D. Statistical Reporting Service Rockefeller, Jr., Memorial Parkway, WY and MT; See National Agricultural Statistics Service winter use plan, 60455–60456 Meetings: Surface Transportation Board Selma to Montgomery National Historic Trail Advisory NOTICES Council, 60456 Railroad operation, acquisition, construction, etc.: National Register of Historic Places: Ameren Corp., 60467–60468 Eligibility determinations, 60456–60457 Textile Agreements Implementation Committee National Science Foundation See Committee for the Implementation of Textile NOTICES Agreements Meetings: Bioengineering and Environmental Systems Special Transportation Department Emphasis Panel, 60460 See Coast Guard Electrical and Communications Systems Special See Federal Aviation Administration Emphasis Panel, 60460–60461 See National Highway Traffic Safety Administration Experimental and Integrative Activities Special Emphasis See Surface Transportation Board Panel, 60461 Experimental Program To Stimulate Competitive Treasury Department Research Special Emphasis Panel, 60461 See Alcohol, Tobacco and Firearms Bureau Geosciences Advisory Committee, 60462 See Internal Revenue Service Geosciences Special Emphasis Panel, 60462 NOTICES Materials Research Special Emphasis Panel, 60462 Meetings: Social, Behavioral, and Economic Sciences Special International Monetary Fund Advisory Committee, 60468 Emphasis Panel, 60463 Twenty-First Century Workforce Commission National Telecommunications and Information NOTICES Administration Meetings, 60474 NOTICES Meetings: U.S. Trade Deficit Review Commission Digital Divide Summit, 60427–60428 NOTICES Hearings, 60474–60475 Nuclear Regulatory Commission NOTICES United States Institute of Peace Environmental statements; availability, etc.: NOTICES Northeast Nuclear Energy Co. et al., 60463–60464 Meetings; Sunshine Act, 60475 Applications, hearings, determinations, etc.: Entergy Operations, Inc., 60463
Public Health Service Separate Parts In This Issue See National Institutes of Health Part II Railroad Retirement Board Environmental Protection Agency, 60477–60553 NOTICES Agency information collection activities: Part III Proposed collection; comment request, 60464 Department of Transportation, National Highway Traffic Safety Administration, 60555–60629 Rural Telephone Bank NOTICES Part IV Meetings; Sunshine Act, 60406 Department of Education, 60631–60646
Securities and Exchange Commission NOTICES Reader Aids Investment Company Act of 1940: Consult the Reader Aids section at the end of this issue for Deregistration applications— phone numbers, online resources, finding aids, reminders, BlackRock Fund Investors I et al., 60464–60466 and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 660...... 60402 301...... 60333 11 CFR Proposed Rules: 100...... 60360 102...... 60360 103...... 60360 104...... 60360 106...... 60360 107...... 60360 109...... 60360 110...... 60360 114...... 60360 116...... 60360 12 CFR 226...... 60335 Proposed Rules: 226...... 60368 611...... 60370 14 CFR 34...... 60335 39...... 60336 71...... 60337 73...... 60339 Proposed Rules: 39 (2 documents) ...... 60383, 60386 71...... 60388 15 CFR 738...... 60339 740...... 60339 746...... 60339 18 CFR Proposed Rules: 35...... 60390 26 CFR 1...... 60342 Proposed Rules: 1...... 60395 33 CFR Proposed Rules: 110...... 60399 34 CFR Proposed Rules: 611...... 60632 40 CFR 52 (2 documents) ...... 60343, 60346 Proposed Rules: 52 (2 documents) ...... 60400, 60401 81...... 60478 86...... 60401 41 CFR 101-11...... 60348 47 CFR 54...... 60349 69...... 60349 49 CFR Proposed Rules: 552...... 60556 571...... 60556 585...... 60556 595...... 60556 50 CFR 648...... 60359 Proposed Rules: 622...... 60402
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Rules and Regulations Federal Register Vol. 64, No. 214
Friday, November 5, 1999
This section of the FEDERAL REGISTER hours are 8 a.m. to 4:30 p.m., Monday a quarantined area due to its proximity contains regulatory documents having general through Friday, except holidays. To be to an infestation or its inseparability applicability and legal effect, most of which sure someone is there to help you, from an infested locality for quarantine are keyed to and codified in the Code of please call (202) 690–2817 before purposes. Federal Regulations, which is published under coming. 50 titles pursuant to 44 U.S.C. 1510. We are amending § 301.81–3(e) by APHIS documents published in the designating additional portions of Los The Code of Federal Regulations is sold by Federal Register, and related Angeles and Riverside Counties in the Superintendent of Documents. Prices of information, including the names of California as quarantined areas. We are new books are listed in the first FEDERAL organizations and individuals who have taking this action because recent REGISTER issue of each week. commented on APHIS rules, are surveys conducted by APHIS and State available on the Internet at http:// and county agencies reveal that the www.aphis.usda.gov/rad/ imported fire ant has spread to these DEPARTMENT OF AGRICULTURE webrepor.html. areas. See the rule portion of this FOR FURTHER INFORMATION CONTACT: document for specific descriptions of Animal and Plant Health Inspection Mr. the new quarantined areas. Service Ronald P. Milberg, Operations Officer, Program Support, PPQ, APHIS, 4700 We are also revising the dosage rate of 7 CFR Part 301 River Road Unit 134, Riverdale, MD a treatment described in the Appendix 20737–1236; (301) 734–5255. to the regulations. Sections 301.81–4 [Docket No. 99±078±1] SUPPLEMENTARY INFORMATION: and 301.81–5 of the regulations provide, among other things, that regulated Imported Fire Ant; Quarantined Areas Background articles requiring treatment before and Treatment Dosage The imported fire ant regulations interstate movement must be treated in AGENCY: Animal and Plant Health (contained in 7 CFR 301.81 through accordance with the methods and Inspection Service, USDA. 301.81–10, and referred to below as the procedures prescribed in the Appendix ACTION: Interim rule and request for regulations) quarantine infested States to the imported fire ant regulations. The comments. or infested areas within States and Appendix sets forth the treatment impose restrictions on the interstate provisions of the ‘‘Imported Fire Ant SUMMARY: We are amending the movement of regulated articles for the Program Manual.’’ We are amending imported fire ant regulations by purpose of preventing the artificial paragraph III.C.4. of the Appendix by designating as quarantined areas spread of the imported fire ant. changing the dosage rate of bifenthrin portions of two counties in California. The imported fire ant, Solenopsis wettable powder from 50 ppm to 25 As a result of this action, the interstate invicta Buren and Solenopsis richteri ppm. On December 4, 1992, we movement of regulated articles from Forel, is an aggressive, stinging insect published a final rule in the Federal those areas will be restricted. This that, in large numbers, can seriously Register at 57 CFR 57322–57335 (Docket action is necessary to prevent the injure and even kill livestock, pets, and No. 86–328–2) that lowered the dosage artificial spread of the imported fire ant humans. The imported fire ant feeds on rate of granular bifenthrin from 50 ppm to noninfested areas of the United crops and builds large, hard mounds to 25 ppm for the treatment of States. We are also amending the that damage farm and field machinery. containerized nursery plants. The treatment provisions in the Appendix to The imported fire ant is not native to the dosage rate for bifenthrin wettable the imported fire ant regulations by United States. The regulations prevent powder was not changed at that time. lowering the dosage rate of bifenthrin the imported fire ant from spreading However, bifenthrin wettable powder wettable powder for the treatment of throughout its ecological range within has been proven effective for the containerized nursery plants. this country. treatment of containerized nursery DATES: This interim rule is effective The regulations in § 301.81–3 provide plants at a dosage rate of 25 ppm, and November 5, 1999. We invite you to that the Administrator of the Animal that dosage rate is consistent with comment on this docket. We will and Plant Health Inspection Service current product labeling approved by consider all comments that we receive (APHIS) will list as a quarantined area the U.S. Environmental Protection by January 4, 2000. each State, or each portion of a State, Agency. The lower dosage rate will ADDRESSES: Please send your comment that is infested with the imported fire prevent unnecessary use of the and three copies to: Docket No. 99–078– ant. The Administrator will designate pesticide. less than an entire State as a 1, Regulatory Analysis and Emergency Action Development, PPD, APHIS, Suite 3C03, quarantined area only under the 4700 River Road, Unit 118, Riverdale, following conditions: (1) The State has The Administrator of the Animal and MD 20737–1238. adopted and is enforcing restrictions on Plant Health Inspection Service has Please state that your comment refers the intrastate movement of the regulated determined that an emergency exists to Docket No. 98–078–1. articles listed in § 301.81–2 that are that warrants publication of this interim You may read any comments that we equivalent to the interstate movement rule without prior opportunity for receive on this docket in our reading restrictions imposed by the regulations; public comment. Immediate action to room. The reading room is located in and (2) designating less than the entire quarantine newly infested areas is room 1141 of the South Building, 14th State will prevent the spread of the necessary to prevent the artificial spread Street and Independence Avenue, SW., imported fire ant. The Administrator of the imported fire ant into noninfested Washington, DC. Normal reading room may include uninfested acreage within areas of the United States. Immediate
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In § 301.81–3, paragraph (e), the list Because prior notice and other public not require administrative proceedings of quarantined areas is amended by procedures with respect to this action before parties may file suit in court adding, under California, a second are impracticable and contrary to the challenging this rule. paragraph for Los Angeles County and public interest under these conditions, National Environmental Policy Act a fourth paragraph for Riverside County we find good cause under 5 U.S.C. 553 to read as follows: to make this action effective upon An environmental assessment and publication in the Federal Register. We finding of no significant impact have § 301.81±3 Quarantined areas. will consider comments that are been prepared for this program. The * * * * * received within 60 days of publication assessment provides a basis for the (e) * * * of this rule in the Federal Register. conclusion that the methods employed California After the comment period closes, we to regulate the imported fire ant will not Los Angeles County. *** will publish another document in the significantly affect the quality of the That portion of Los Angeles County in the Federal Register. The document will human environment. Based on the Azusa area bounded by a line beginning at include a discussion of any comments finding of no significant impact, the the intersection of Irwindale Avenue and we receive and any amendments we are Administrator of the Animal and Plant Foothill Boulevard; then east along Foothill making to the rule as a result of the Health Inspection Service has Boulevard to Azusa Avenue; then south along Azusa Avenue to East Fifth Street; then comments. determined that an environmental impact statement need not be prepared. east along East Fifth Street to North Cerritos Executive Order 12866 and Regulatory The environmental assessment and Avenue; then south along North Cerritos Flexibility Act finding of no significant impact were Avenue to Arrow Highway; then west along Arrow Highway to Azusa Avenue, then south This rule has been reviewed under prepared in accordance with: (1) The along Azusa Avenue to Covina Boulevard; Executive Order 12866. For this action, National Environmental Policy Act of then west along an imaginary line to the the Office of Management and Budget 1969, as amended (NEPA) (42 U.S.C. intersection of Martinez Street and Irwindale has waived its review process required 4321 et seq.), (2) regulations of the Avenue; then north along Irwindale Avenue by Executive Order 12866. Council on Environmental Quality for to the point of beginning. This action amends the imported fire implementing the procedural provisions * * * * * ant regulations by designating portions of NEPA (40 CFR parts 1500–1508), (3) Riverside County. *** of Los Angeles and Riverside Counties USDA regulations implementing NEPA That portion of Riverside County in the in California as quarantined areas. As a (7 CFR part 1b), and (4) APHIS’ NEPA Palm Springs area bounded by a line result of this action, the interstate Implementing Procedures (7 CFR part beginning at the intersection of Tramway movement of regulated articles from 372). Road, State Highway 111, and San Rafael Copies of the environmental Drive; then east along San Rafael Drive to those areas will be restricted. This Indian Canyon Drive; then south along action is necessary on an emergency assessment and finding of no significant impact are available for public Indian Canyon Drive to Francis Drive; then basis to prevent the artificial spread of east along Francis Drive to North Farrell the imported fire ant to noninfested inspection at USDA, room 1141, South Drive; then south along North Farrell Drive areas of the United States. We are also Building, 14th Street and Independence to Verona Road; then east along Verona Road amending the Appendix to the imported Avenue, SW., Washington, DC, between to Whitewater Club Drive; then east along an fire ant regulations by changing the 8 a.m. and 4:30 p.m., Monday through imaginary line to the intersection of Verona dosage rate of a chemical to reduce its Friday, except holidays. Persons Road and Ventura Drive; then east along use and the costs associated with its wishing to inspect copies are requested Verona Road to Avenida Maravilla; then east and south along Avenida Maravilla to 30th use. to call ahead on (202) 690–2817 to facilitate entry into the reading room. In Avenue; then west along 30th Avenue to its This emergency situation makes end; then due west along an imaginary line compliance with section 603 and timely addition, copies may be obtained by writing to the individual listed under to the Whitewater River; then southeast along compliance with section 604 of the the Whitewater River to Dinah Shore Drive; Regulatory Flexibility Act (5 U.S.C. 601 FOR FURTHER INFORMATION CONTACT. then west along an imaginary line to the east et seq.) impracticable. If we determine Paperwork Reduction Act end of 34th Avenue; then west along 34th that this rule would have a significant Avenue to Golf Club Drive; then south along This rule contains no information Golf Club Drive to East Palm Canyon Drive; economic impact on a substantial collection or recordkeeping number of small entities, then we will then south along an imaginary line to the requirements under the Paperwork intersection of Desterto Vista and Palm Hills discuss the issues raised by section 604 Reduction Act of 1995 (44 U.S.C. 3501 Drive; then south along Palm Hills Drive to of the Regulatory Flexibility Act in our et seq.). its end; then southwest along an imaginary final regulatory flexibility analysis. line to the intersection of Murray Canyon and List of Subjects in 7 CFR Part 301 Executive Order 12372 Palm Canyon Drive; then northwest along Agricultural commodities, Plant Palm Canyon Drive to the Palm Springs city This program/activity is listed in the diseases and pests, Quarantine, limits; then west and north along Palm Catalog of Federal Domestic Assistance Reporting and recordkeeping Springs city limits to Tahquitz Creek; then due north along an imaginary line to under No. 10.025 and is subject to requirements, Transportation. Executive Order 12372, which requires Tramway Road; then northeast along Accordingly, we are amending 7 CFR intergovernmental consultation with Tramway Road to the point of beginning. part 301 as follows: State and local officials. (See 7 CFR part * * * * * 3015, subpart V.) PART 301ÐDOMESTIC QUARANTINE 3. In part 301, Subpart—Imported Fire NOTICES Ant (§§ 301.81–301.81–10), the Executive Order 12988 Appendix to the subpart is amended at This interim rule has been reviewed 1. The authority citation for part 301 paragraph III.C.4., under the heading under Executive Order 12988, Civil continues to read as follows: ‘‘Exclusion,’’ and under the heading
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‘‘Bifenthrin,’’ by removing the phrase On March 24, 1995, the Board Secretary of the Board under delegated ‘‘for wettable powder it is 50 ppm’’ in published amendments to Regulation Z authority, November 1, 1999. the last sentence of the first paragraph implementing the Home Ownership and Jennifer J. Johnson, and adding in its place the phrase ‘‘for Equity Protection Act of 1994 (HOEPA), Secretary of the Board. wettable powder it is 25 ppm’’. contained in the Riegle Community [FR Doc. 99–29003 Filed 11–4–99; 8:45 am] Done in Washington, DC, this 1st day of Development and Regulatory BILLING CODE 6210±01±P November 1999. Improvement Act of 1994, Pub. L. 103– Bobby R. Acord, 325, 108 Stat. 2160 (60 FR 15463). These Acting Administrator, Animal and Plant amendments, which became effective on DEPARTMENT OF TRANSPORTATION Health Inspection Service. October 1, 1995, are contained in [FR Doc. 99–29046 Filed 11–4–99; 8:45 am] § 226.32 of the regulation and impose Federal Aviation Administration BILLING CODE 3410±34±U additional disclosure requirements and 14 CFR Part 34 substantive limitations on certain closed-end mortgage loans bearing rates [Docket No. FAA±1999±5018; Amendment FEDERAL RESERVE SYSTEM or fees above a certain percentage or No. 34±3] amount. As enacted, the statute requires RIN 2120±AG68 12 CFR Part 226 creditors to comply with the HOEPA [Regulation Z; Docket No. R±1051] rules if the total points and fees payable Emission Standards for Turbine by the consumer at or before loan Engine Powered Airplanes; Correction Truth in Lending consummation exceed the greater of AGENCY: Federal Aviation AGENCY: Board of Governors of the $400 or 8 percent of the total loan Administration (FAA), DOT. Federal Reserve System. amount. TILA and Regulation Z provide ACTION: Final rule; correction. that the $400 figure shall be adjusted ACTION: Notice of adjustment of dollar amount. annually on January 1 by the annual SUMMARY: This document corrects a percentage change in the Consumer final rule published in the Federal SUMMARY: The Board is publishing an Price Index (CPI) that was reported on Register of February 3, 1999 (64 FR adjustment to the dollar amount that the preceding June 1. (15 U.S.C. 5556). That document revised emission triggers Regulation Z (Truth in Lending) 1602(aa)(3) and 12 CFR 226.32(a)(1)(ii)). standards for turbine engine-powered requirements for certain mortgages The Board adjusted the $400 amount to airplanes by incorporating the current bearing fees above a certain amount. $441 for 1999. standards of the International Civil Aviation Organization (ICAO) to bring The Home Ownership and Equity The Bureau of Labor Statistics Protection Act of 1994 sets forth rules the United States emissions standards publishes consumer-based indices for home-secured loans in which the into alignment with those of ICAO. This monthly, but does not ‘‘report’’ a CPI total points and fees payable by the document corrects references to consumer at or before loan change on June 1; adjustments are appendices and the effective dates of consummation exceed the greater of reported in the middle of each month. ICAO-referenced standards. The Board uses the CPI–U index, which $400 or 8 percent of the total loan EFFECTIVE DATE: November 5, 1999. is based on all urban consumers and amount. The Board has annually FOR FURTHER INFORMATION CONTACT: represents approximately 80 percent of adjusted the $400 amount based on the Edward McQueen, telephone (202) 267– the U.S. population, as the index for annual percentage change reflected in 3560. the Consumer Price Index that is in adjusting the $400 dollar figure. The effect on June 1. The adjustment for adjustment to the CPI–U index reported Correction 2000 is $451. by the Bureau of Labor Statistics on May In the final rule FR Doc. 99–1608, EFFECTIVE DATE: January 1, 2000. 15, 1999, was the CPI–U index ‘‘in published in the Federal Register of FOR FURTHER INFORMATION CONTACT: effect’’ on June 1, and reflects the February 3, 1999 (64 FR 5556), make the Michael Hentrel, Staff Attorney, percentage increase from April 1998 to following corrections: Division of Consumer and Community April 1999. The adjustment to the $400 1. On page 5557, in the first column, Affairs, Board of Governors of the figure below reflects a 2.3 percent under Section 34.71, sixth line, correct Federal Reserve System, at (202) 452– increase in the CPI–U index for this ‘‘Appendices 3 and 5 of this document 3667. For the users of period and is rounded to whole dollars specify the system and procedures for Telecommunications Device for the Deaf for ease of compliance. sampling and measurement of gaseous only, please contact Diane Jenkins at emissions’’ to read ‘‘Appendix 6 of this (202) 452–3544. Adjustment document specifies the compliance SUPPLEMENTARY INFORMATION: For the reasons set forth in the procedure for gaseous emissions and smoke.’’ Background preamble, for purposes of determining whether a mortgage transaction is 2. On page 5557, in the first column, The Truth in Lending Act (TILA; 15 under Section 34.82, sixth line, correct covered by 12 CFR 226.32 (based on the U.S.C. 1601–1666j) requires creditors to ‘‘Appendices 3 and 5 of this document total points and fees payable by the disclose credit terms and the cost of specify the system and procedures for consumer at or before loan consumer credit as an annual sampling and measurement of smoke percentage rate. The act requires consummation), a loan is covered if the emissions’’ to read ‘‘Appendix 2 of this additional disclosures for loans secured points and fees exceed the greater of document specifies the system and by a consumer’s home, and permits $451 or 8 percent of the total loan procedures for sampling and consumers to cancel certain transactions amount, effective January 1, 2000. measurement of smoke emissions.’’ that involve their principal dwelling. By order of the Board of Governors of the 3. On page 557, in the first column, TILA is implemented by the Board’s Federal Reserve System, acting through the under Section 34.89, sixth line, correct Regulation Z (12 CFR part 226). ‘‘Appendices 3 and 5 of this document
VerDate 29-OCT-99 15:39 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.XXX pfrm01 PsN: 05NOR1 60336 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Rules and Regulations specify the system and procedures for seal, clogged due to the formation of ice. of the RFM which prohibit flight in sampling and measurement of smoke The actions specified in this AD are certain atmospheric conditions, and emissions’’ to read ‘‘Appendix 6 of this intended to prevent clogging of the prohibit flight in specific conditions document specifies the compliance MPAI seal P2 air system line due to ice unless operation of the MPAI seal has procedure for gaseous emissions and formation, which could result in been visually checked. The short smoke.’’ deflation of the MPAI seal, loss of compliance time involved is required engine power, and subsequent loss of because the previously described § 34.64 [Corrected] control of the helicopter. critical unsafe condition can adversely 4. On page 559, in the third column, DATES: Effective November 22, 1999. affect the controllability of the in § 34.64, eighth line, add ‘‘, effective Comments for inclusion in the Rules helicopter. Therefore, inserting the March 20, 1997’’ to the end of the first Docket must be received on or before pages into the RFM is required prior to sentence of the section. January 4, 2000. further flight, and this AD must be issued immediately. § 34.71 [Corrected] ADDRESSES: Submit comments in triplicate to the Federal Aviation None of the helicopters affected by 5. On page 5559, in the third column, this action are registered in the U.S. All in § 34.71, thirteenth line, correct Administration (FAA), Office of the Regional Counsel, Southwest Region, helicopters included in the applicability ‘‘effective March 20, 1997’’ to read of this rule are operated by non-U.S. ‘‘effective July 26, 1993.’’ Attention: Rules Docket No. 99–SW–01– AD, 2601 Meacham Blvd., Room 663, operators under foreign registry; § 34.82 [Corrected] Fort Worth, Texas 76137. therefore, they are not directly affected by this AD action. However, the FAA FOR FURTHER INFORMATION CONTACT: 6. On page 5560, in the first column, considers that this rule is necessary to Shep Blackman, Aerospace Engineer, in § 34.82, seventh line, add ‘‘, effective ensure that the unsafe condition is FAA, Rotorcraft Directorate, Rotorcraft July 26, 1993’’ to the end of the first addressed in the event that any of these Standards Staff, 2601 Meacham Blvd., sentence of the section. subject helicopters are imported and Fort Worth, Texas 76137, telephone § 34.89 [Corrected] placed on the U.S. Register in the future. (817) 222–5296, fax (817) 222–5961. Should an affected helicopter be 7. On page 5560, in § 34.89, in the SUPPLEMENTARY INFORMATION: The imported and placed on the U.S. third column, fourth line, add ‘‘, Direction Generale De L’Aviation Civile Register in the future, it would require effective July 26, 1993’’ to the end of the (DGAC), which is the airworthiness approximately 1 work hour to insert the third sentence of the section. authority for France, notified the FAA statements into the RFM, at an average Issued in Washington, DC, on November 1, that an unsafe condition may exist on labor rate of $60 per work hour. Based 1999. Model SA330F, G, J, and AS332C, L, on these figures, the cost impact of this Donald P. Byrne, and L1 helicopters. The DGAC has AD would be $60 per helicopter. Assistant Chief Counsel. advised that there was an incident in Since this AD action does not affect [FR Doc. 99–29043 Filed 11–4–99; 8:45 am] which an MPAI seal deflated. This any helicopter that is currently on the BILLING CODE 4910±13±M deflation could lead to ice formation in U.S. Register, it has no adverse the MPAI during flight in moist economic impact and imposes no atmospheric conditions. additional burden on any person. DEPARTMENT OF TRANSPORTATION These helicopter models are Therefore, notice and public procedures manufactured in France and are type hereon are unnecessary and the Federal Aviation Administration certificated for operation in the United amendment may be made effective in States under the provisions of section less than 30 days after publication in the 14 CFR Part 39 21.29 of the Federal Aviation Federal Register. Regulations (14 CFR 21.29) and the [Docket No. 99±SW±01±AD; Amendment Comments Invited 39±11403; AD 99±23±07] applicable bilateral airworthiness agreement. Pursuant to this bilateral Although this action is in the form of RIN 2120±AA64 airworthiness agreement, the DGAC has a final rule that involves requirements affecting flight safety and, thus, was not Airworthiness Directives; Eurocopter kept the FAA informed of the situation preceded by notice and an opportunity France Model SA330F, G, J, and described above. The FAA has for public comment, comments are AS332C, L, and L1 Helicopters examined the findings of the DGAC, reviewed all available information, and invited on this rule. Interested persons AGENCY: Federal Aviation determined that AD action is necessary are invited to comment on this rule by Administration, DOT. for products of this type design that are submitting such written data, views, or ACTION: Final rule; request for certificated for operation in the United arguments as they may desire. comments. States. Communications should identify the Since an unsafe condition has been Rules Docket number and be submitted SUMMARY: This amendment adopts a identified that is likely to exist or in triplicate to the address specified new airworthiness directive (AD) that is develop on other Eurocopter France under the caption ADDRESSES. All applicable to certain Eurocopter France Model SA330F, G, J, and AS332C, L, communications received on or before Model SA330F, G, J, and AS332C, L, and L1 helicopters of the same type the closing date for comments will be and L1 helicopters. This action requires design registered in the United States, considered, and this rule may be inserting statements into the Limitations this AD is being issued to prevent amended in light of the comments section of the Rotorcraft Flight Manual clogging of the MPAI seal P2 air system received. Factual information that (RFM) prohibiting flight under certain line due to ice formation, which could supports the commenter’s ideas and atmospheric conditions. This result in deflation of the MPAI seal, loss suggestions is extremely helpful in amendment is prompted by one of engine power, and subsequent loss of evaluating the effectiveness of the AD incident in which a Multi-Purpose Air control of the helicopter. This AD action and determining whether Intake (MPAI) inlet seal deflated after requires, before further flight, inserting additional rulemaking action would be the P2 air system line, which feeds the statements into the Limitations section needed.
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Comments are specifically invited on PART 39ÐAIRWORTHINESS 2. Takeoff after extended ground taxiing or the overall regulatory, economic, DIRECTIVES holding in falling snow at an OAT equal to environmental, and energy aspects of or above ¥3 degrees Celsius (26.6 degrees the rule that might suggest a need to 1. The authority citation for part 39 Fahrenheit).’’ continues to read as follows: (b) This AD revises the Limitations section modify the rule. All comments in the RFM by prohibiting flight in certain submitted will be available, both before Authority: 49 U.S.C. 106(g), 40113, 44701. atmospheric conditions and prohibiting flight and after the closing date for comments, § 39.13 [Amended] in other specified atmospheric conditions in the Rules Docket for examination by unless operation of the MPAI seal has been interested persons. A report that 2. Section 39.13 is amended by visually checked prior to entering the summarizes each FAA-public contact adding a new airworthiness directive to specific atmospheric conditions. concerned with the substance of this AD read as follows: (c) An alternative method of compliance or adjustment of the compliance time that AD 99–23–07 Eurocopter France: will be filed in the Rules Docket. provides an acceptable level of safety may be Amendment 39–11403. Docket No. 99– used if approved by the Manager, Rotorcraft Commenters wishing the FAA to SW–01–AD. acknowledge receipt of their comments Standards Staff, FAA, Rotorcraft Directorate. Applicability: Operators shall submit their requests through submitted in response to this rule must • Model SA330F or G helicopters not submit a self-addressed, stamped an FAA Principal Maintenance Inspector, modified by MOD 0723672; who may concur or comment and then send • postcard on which the following Model SA330J helicopters not modified it to the Manager, Rotorcraft Standards Staff. by either MOD 0723672 or optional statement is made: ‘‘Comments to Note 2: Information concerning the Eurocopter Service Bulletin 30.16, dated Docket No. 99–SW–01–AD.’’ The existence of approved alternative methods of January 19, 1999; and postcard will be date stamped and compliance with this AD, if any, may be • AS332C, L, and L1 helicopters not returned to the commenter. obtained from the Rotorcraft Standards Staff. modified by either MOD 0725855 or both The regulations adopted herein will MOD 0725974 and MOD 0725998 as noted in (d) Special flight permits will not be not have substantial direct effects on the Eurocopter Service Bulletin 01.00.54R1, issued. States, on the relationship between the dated July 12, 1999, with Multi-Purpose Air (e) This amendment becomes effective on November 22, 1999. national government and the States, or Intakes (MPAI) installed, certificated in any on the distribution of power and category. Note 3: The subject of this AD is addressed Note 1: This AD applies to each helicopter in Direction Generale De L’Aviation Civile responsibilities among the various (France) AD 98–201–068(A)R2, dated levels of government. Therefore, in identified in the preceding applicability provision, regardless of whether it has been September 22, 1999, and AD 98–202– accordance with Executive Order 12612, otherwise modified, altered, or repaired in 080(A)R1, dated January 27, 1999. it is determined that this final rule does the area subject to the requirements of this Issued in Fort Worth, Texas, on October 29, not have sufficient federalism AD. For helicopters that have been modified, 1999. implications to warrant the preparation altered, or repaired so that the performance Eric Bries, of a Federalism Assessment. of the requirements of this AD is affected, the Acting Manager, Rotorcraft Directorate, owner/operator must request approval for an Aircraft Certification Service. The FAA has determined that notice alternative method of compliance in and prior public comment are accordance with paragraph (c) of this AD. [FR Doc. 99–28945 Filed 11–4–99; 8:45 am] unnecessary in promulgating this The request should include an assessment of BILLING CODE 4910±13±U regulation, and therefore it can be the effect of the modification, alteration, or issued immediately to correct an unsafe repair on the unsafe condition addressed by condition since none of these model this AD; and, if the unsafe condition has not DEPARTMENT OF TRANSPORTATION helicopters are registered in the U.S. It been eliminated, the request should include specific proposed actions to address it. is not a ‘‘significant regulatory action’’ Federal Aviation Administration under Executive Order 12866. It has Compliance: Required before further flight, unless accomplished previously. 14 CFR Part 71 been determined further that this action To prevent clogging of the MPAI seal P2 air [Airspace Docket No. 99±ASO±1] involves an emergency regulation under system line due to ice formation, which DOT Regulatory Policies and Procedures could result in deflation of the MPAI seal, RIN 2120±AA66 (44 FR 11034, February 26, 1979). If it loss of engine power, and subsequent loss of is determined that this emergency control of the helicopter, accomplish the Modification of the San Juan Low regulation otherwise would be following: Offshore Airspace Area, PR significant under DOT Regulatory (a) Insert the following statement Policies and Procedures, a final prohibiting flight in certain atmospheric AGENCY: Federal Aviation conditions into the Limitations section of the regulatory evaluation will be prepared Administration (FAA), DOT. Rotorcraft Flight Manual (RFM): ACTION: Final rule. and placed in the Rules Docket. A copy ‘‘A. Flight under the following conditions of it, if filed, may be obtained from the is prohibited: SUMMARY: This action amends the San Rules Docket at the location provided 1. Flight in clouds or fog at an OAT equal Juan Low Offshore Airspace Area by under the caption ‘‘ADDRESSES.’’ to or lower than 3 degrees Celsius (37.4 extending it to include the airspace degrees Fahrenheit). List of Subjects in 14 CFR Part 39 2. Flight in rain at an OAT within the northwest of San Juan, PR, between the temperature range of ¥3 degrees to +3 100-mile radius of the Fernando Luis Air transportation, Aircraft, Aviation degrees Celsius (26.6 degrees to 37.4 degrees Ribas Dominicci Airport and the San safety, Safety. Fahrenheit). Juan Control Area/Flight Information Adoption of the Amendment B. Flight under the following conditions is Region (CTA/FIR) and Miami CTA/FIR prohibited unless the Multi-Purpose Air boundary. This action increases the Accordingly, pursuant to the Intake seals have been visually checked for airspace managed by domestic air traffic authority delegated to me by the proper inflation immediately prior to control (ATC). Extension of this Class E entering the specified atmospheric Administrator, the Federal Aviation conditions: airspace area will enhance the Administration amends part 39 of the 1. Flight in falling or recirculating snow at management of air traffic operations and Federal Aviation Regulations (14 CFR an OAT equal to or higher than –3 degrees result in more efficient use of that part 39) as follows: Celsius (26.6 degrees Fahrenheit). airspace.
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EFFECTIVE DATE: 0901 UTC, December the cost of aircraft operations, and consistent with standards and practices 30, 1999. decrease controller workload. utilized in its domestic jurisdiction. FOR FURTHER INFORMATION CONTACT: Offshore airspace area designations In accordance with Article 3 of the Terry Brown, Airspace and Rules are published in paragraph 6007 of FAA Convention, state-owned aircraft are Division, ATA–400, Office of Air Traffic Order 7400.9G, dated September 1, exempt from the Standards and Airspace Management, Federal Aviation 1999, and effective September 16, 1999, Recommended Practices of Annex 11. Administration, 800 Independence which is incorporated by reference in 14 The United States is a contracting state Avenue, SW., Washington, DC 20591; CFR 71.1. The Offshore airspace area to the Convention. Article 3(d) of the telephone: (202) 267–8783. listed in this document will be Convention provides that participating published subsequently in the Order. SUPPLEMENTARY INFORMATION: state aircraft will be operated in The FAA has determined that this international airspace with due regard Background regulation only involves an established for the safety of civil aircraft. body of technical regulations for which On March 2, 1993, the FAA published Because this amendment involves, in frequent and routine amendments are part, the designation of navigable a final rule (58 FR 12128) which, in necessary to keep them operationally airspace outside of the United States, part, designated the San Juan Low current. This regulation therefore: (1) Is the Administrator has consulted with Offshore Airspace Area. This not a ‘‘significant regulatory action’’ the Secretary of State and the Secretary designation was necessary to comply under Executive Order 12866; (2) is not of Defense in accordance with the with the Airspace Reclassification final a ‘‘significant rule’’ under DOT provisions of Executive Order 10854. rule (56 FR 65638; December 17, 1991). Regulatory Policies and Procedures (44 The San Juan Low Offshore Airspace FR 11034; February 26, 1979); and (3) List of Subjects in 14 CFR Part 71 Area consists of Class E airspace from does not warrant preparation of a Airspace, Incorporation by reference, 5,500 feet mean sea level (MSL) up to, Regulatory Evaluation as the anticipated Navigation (air). but not including, FL 180 within a 100- impact is so minimal. Since this is a mile radius of the Fernando Luis Ribas routine matter that will only affect air Adoption of the Amendment Dominicci Airport, San Juan, PR. This traffic procedures and air navigation, it In consideration of the foregoing, the airspace, however, is inadequate to is certified that this rule, when Federal Aviation Administration support the Caribbean Special Area promulgated, will not have a significant Navigation (RNAV) Routes currently economic impact on a substantial amends 14 CFR part 71 as follows: being evaluated in the Bahamas/ number of small entities under the PART 71ÐDESIGNATION OF CLASS A, Caribbean area due to the rapid growth criteria of the Regulatory Flexibility Act. of air traffic activity in the area. CLASS B, CLASS C, CLASS D AND Therefore, there is a need to designate International Civil Aviation CLASS E AIRSPACE AREAS; additional airspace wherein domestic Organization (ICAO) Considerations AIRWAYS; ROUTES; AND REPORTING POINTS ATC procedures will be used to provide As part of this rule relates to more efficient control of aircraft navigable airspace outside the United 1. The authority citation for part 71 operations. States, this notice was submitted in continues to read as follows: On June 7, 1999, the FAA proposed to accordance with the ICAO International amend the San Juan Low Offshore Standards and Recommended Practices. Authority: 49 U.S.C. 106(g), 40103, 40113, The application of International 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Airspace Area (64 FR 30261). Interested 1963 Comp., p. 389. parties were invited to participate in Standards and Recommended Practices this rulemaking effort by submitting by the FAA, Office of Air Traffic § 71.1 [Amended] written comments on the proposal. In Airspace Management, in areas outside 2. The incorporation by reference in response to the notice, the FAA received U.S. domestic airspace is governed by 14 CFR 71.1 of the Federal Aviation one comment from the Air Line Pilots the Convention on International Civil Administration Order 7400.9G, Airspace Association supporting this action. Aviation. Specifically, the FAA is Designations and Reporting Points, Except for editorial changes, this rule is governed by Article 12 and Annex 11, dated September 1, 1999, and effective the same as that proposed in the notice. which pertain to the establishment of September 16, 1999, is amended as necessary air navigational facilities and The Rule follows: services to promote the safe, orderly, This action amends 14 CFR part 71 by and expeditious flow of civil air traffic. Paragraph 6007 Offshore Airspace Areas amending the San Juan Low Offshore The purpose of Article 12 and Annex 11 * * * * * Airspace Area. This extended area will is to ensure that civil aircraft operations San Juan Low, PR [Revised] consist of that portion of offshore on international air routes are airspace northwest of San Juan, PR, That airspace extending upward from performed under uniform conditions. 5,500 feet MSL from the point of intersection between the 100-mile radius of the The International Standards and of the San Juan Oceanic CTA/FIR and Miami Fernando Luis Ribas Dominicci Airport Recommended Practices in Annex 11 Oceanic CTA/FIR boundary at lat. 21°08′00′′ and the San Juan CTA/FIR and Miami apply to airspace under the jurisdiction N., long. 67°45′00′′ W., thence from that CTA/FIR boundary. of a contracting state, derived from point southeast via a straight line to intersect This modification will support the ICAO. Annex 11 provisions apply when a 100-mile radius of the Fernando Luis Ribas implementation of the Caribbean air traffic services are provided and a Dominicci Airport at lat. 19°47′28′′ N., long. Special RNAV Routes for aircraft contracting state accepts the 67°09′37′′ W., thence clockwise via a 100- mile radius of the Fernando Luis Ribas equipped with advanced navigation responsibility of providing air traffic ° ′ ′′ systems by creating a seamless services over high seas or in airspace of Dominicci Airport to lat. 18 53 05 N., long. 67°47′43′′ W., thence from that point environment of controlled airspace undetermined sovereignty. A northwest via a straight line to intersect the between Florida and Puerto Rico. contracting state accepting this point where the Santo Domingo FIR turns Increasing the airspace managed by responsibility may apply the northwest at lat. 19°39′00′′ N., long. domestic ATC procedures will enhance International Standards and 69°09′00′′ W., thence from that point safety, increase system capacity, reduce Recommended Practices that are northeast along the San Juan CTA/FIR and
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Miami CTA/FIR boundary to the point of time of designation for R–5203 or the 174th Fighter Wing, Hancock Field, beginning. activities conducted therein; I find that NY.’’ * * * * * notice and public procedure under 5 * * * * * Issued in Washington, DC, on November 1, U.S.C. 553(b) are unnecessary. Issued in Washington, DC, on October 28, 1999. Section 73.52 of part 73 was 1999. Reginald C. Matthews, republished in FAA Order 7400.8G, Paul Gallant, Manager, Airspace and Rules Division. dated September 1, 1999. Acting Manager, Airspace and Rules Division. The FAA has determined that this [FR Doc. 99–29042 Filed 11–4–99; 8:45 am] [FR Doc. 99–29040 Filed 11–4–99; 8:45 am] BILLING CODE 4910±13±U regulation only involves an established body of technical regulations for which BILLING CODE 4910±13±P frequent and routine amendments are DEPARTMENT OF TRANSPORTATION necessary to keep them operationally current. Therefore, this regulation: (1) is DEPARTMENT OF COMMERCE Federal Aviation Administration not a ‘‘significant regulatory action’’ Bureau of Export Administration under Executive Order 12866; (2) is not 14 CFR Part 73 a ‘‘significant rule’’ under DOT 15 CFR Parts 738, 740, and 746 [Airspace Docket No. 99±AEA±12] Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) RIN 2120±AA66 [Docket No. 990923261±9261±01] does not warrant preparation of a RIN 0694±AB99 Change Name of Using Agency for regulatory evaluation as the anticipated Restricted Area R±5203; Oswego, NY impact is so minimal. Since this is a Exports to Kosovo routine matter that will only affect air AGENCY: Federal Aviation traffic procedures and air navigation, it AGENCY: Bureau of Export Administration (FAA), DOT. is certified that this rule will not have Administration, Commerce. ACTION: Final rule. a significant economic impact on a ACTION: Final rule. substantial number of small entities SUMMARY: This action changes the name under the criteria of the Regulatory SUMMARY: The Bureau of Export of the using agency for Restricted Area Flexibility Act. Administration (BXA) is amending the R–5203; Oswego, NY, from ‘‘Air Export Administration Regulations National Guard, Northeast Air Defense Environmental Review (EAR) to exempt the Serbian province of Sector/DOS, Rome, NY,’’ to ‘‘Air This action involves a minor Kosovo (‘‘Kosovo’’) from certain license National Guard, 174th Fighter Wing, administrative change to amend the requirements for exports and reexports Hancock Field, NY.’’ This change is name of the using agency of an existing to Serbia of items subject to the Export required due to a realignment of restricted area. There are no changes to Administration Regulations (EAR). responsibilities within the Air National the dimensions of the restricted area, or Guard. EFFECTIVE DATE: This rule is effective to air traffic control procedures or routes November 5, 1999. EFFECTIVE DATE: 0901 UTC, December as a result of this action. Therefore, this FOR FURTHER INFORMATION CONTACT: 30, 1999. action is not subject to environmental James A. Lewis, Director, Office of FOR FURTHER INFORMATION CONTACT: Paul assessments and procedures in Strategic Trade and Foreign Policy Gallant, Airspace and Rules Division, accordance with FAA Order 1050.1D, Controls, Bureau of Export ATA–400, Office of Air Traffic Airspace ‘‘Policies and Procedures for Administration, Telephone: (202) 482– Management, Federal Aviation Considering Environmental Impacts,’’ 4196. Administration, 800 Independence and the National Environmental Policy Avenue, SW., Washington, DC 20591; Act of 1969. SUPPLEMENTARY INFORMATION: telephone (202) 267–8783. List of Subjects in 14 CFR Part 73 Background SUPPLEMENTARY INFORMATION: Airspace, Navigation (air). In Resolution 1203 (adopted on Background October 24, 1998), the United Nations Adoption of the Amendment As a result of a realignment of Security Council (UNSC) expressed responsibilities within the Air National In consideration of the foregoing, the alarm at what it described as the Guard, the using agency for Restricted Federal Aviation Administration continuing grave humanitarian situation Area R–5203 is being changed from the amends 14 CFR part 73, as follows: throughout Kosovo and the impending humanitarian catastrophe there. In Northeast Air Defense Sector, Rome, PART 73ÐSPECIAL USE AIRSPACE NY, to the 174th Fighter Wing, Hancock response to the Serbian government’s Field, NY. The Air National Guard 1. The authority citation for part 73 continued ethnic cleansing in its requested this change to facilitate more continues to read as follows: Kosovo province and its rejection of the efficient scheduling of the restricted proposed peace agreement accepted by Authority: 49 U.S.C. 106(g), 40103, 40113, the Kosovars, NATO (including the area. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. United States) took military action The Rule intended to halt the mass killing and This action amends 14 CFR part 73 by § 73.52 [Amended] dislocation of ethnic Albanians in changing the using agency for Restricted 2. § 73.52 is amended as follows: Kosovo and to prevent a widening of the Area R–5203, Oswego, NY, from ‘‘Air * * * * * conflict. National Guard, Northeast Air Defense In response to the situation in Kosovo, Sector/DOS, Rome, NY,’’ to ‘‘Air R–5203 Oswego, NY [Amended] Executive Order 13121 of April 30, National Guard, 174th Fighter Wing, By removing ‘‘Using agency. Air 1999, tightened existing U.S. economic Hancock Field, NY.’’ National Guard, Northeast Air Defense sanctions against Serbia, including the Since this administrative change will Sector/DOS, Rome, NY,’’ and adding province of Kosovo. On May 4, 1999, not alter the boundaries, altitudes, or ‘‘Using agency. Air National Guard, BXA published a rule amending the
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EAR to require a license for exports and Emergency Economic Powers Act (50 submitted to Hillary Hess, Regulatory reexports of all items subject to the EAR U.S.C. 1701 et seq.) and continued in Policy Division, Bureau of Export to Serbia, including Kosovo (64 FR effect the EAR, and to the extent Administration, Department of 24018). Executive Order 13121 permitted by law, the provisions of the Commerce, P.O. Box 273, Washington, delegated authority to administer the EAA in Executive Order 12924 of DC 20044. sanctions to the Department of the August 19, 1994, as extended by the List of Subjects Treasury’s Office of Foreign Assets President’s notices of August 15, 1995 Control (OFAC). By issuing General (60 FR 42767), August 14, 1996 (61 FR 15 CFR Part 738 License 3 under the Kosovo Sanctions 42527), August 13, 1997 (62 FR 43629), Administrative practice and Regulations (31 CFR Part 586) on May August 13, 1998 (63 FR 44121), and procedure, Exports, Foreign trade. 20, 1999, OFAC generally authorized August 10, 1999 (64 FR 44101, August certain transactions incident to exports 13, 1999). 15 CFR Part 740 licensed by BXA, thereby eliminating Rulemaking Requirements Administrative practice and the need to seek separate authorization procedure, Exports, Foreign trade, from two agencies for most export and 1. This final rule has been determined Reporting and recordkeeping reexport transactions. to be significant for purposes of E.O. requirements. In the wake of the cessation of 12866. hostilities and the withdrawal of 2. This rule involves a collection of 15 CFR Part 746 Serbian troops from Kosovo, the United information subject to the Paperwork Embargoes, Exports, Foreign trade, States Government is by this rule Reduction Act of 1980 (44 U.S.C. 3501 Reporting and recordkeeping exempting Kosovo from the additional et seq.). These collections have been requirements. license requirements imposed on Serbia approved by the Office of Management Accordingly, parts 738, 740, and 746 by the May 4, 1999, rule, thus returning and Budget under control number 0694– of the Export Administration Kosovo to the status it had prior to that 0088, ‘‘Multi-Purpose Application,’’ Regulations (15 CFR parts 730–99) are date. General License No. 4, issued by which carries a burden hour estimate of amended as follows: the Office of Foreign Assets Control 40 minutes to prepare and submit (OFAC) of the Department of the electronically and 45 minutes to submit 1. The authority citation for 15 CFR Treasury on August 17, 1999, effects a manually on form BXA–748P. part 738 is revised to read as follows: complementary exemption of Kosovo Notwithstanding any other provision of Authority: 50 U.S.C. app. 2401 et seq.; 50 from OFAC’s ‘‘Federal Republic of law, no person is required to respond U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Yugoslavia (Serbia and Montenegro) nor shall any person be subject to a 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. Kosovo Sanctions Regulations’ (see 31 penalty for failure to comply with, a 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; CFR part 586). collection of information subject to the 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 For purposes of the EAR, this rule requirements of the Paperwork U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. eliminates the term ‘‘Federal Republic Reduction Act, unless that collection of 466c; 50 U.S.C. app. 5; E.O. 12924, 59 FR of Yugoslavia’’ and establishes Serbia, information displays a currently valid 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Kosovo, and Montenegro as distinct OMB Control Number. 228; and Notice of August 10, 1999, 64 FR destinations under the EAR. This 3. This rule does not contain policies 44101 (August 13, 1999). distinction does not address issues of with Federalism implications sufficient sovereignty; it merely clarifies the to warrant preparation of a Federalism 2. The authority citation for 15 CFR applicability of export controls under assessment under Executive Order part 740 is revised to read as follows: the EAR to different destinations. 12612. Authority: 50 U.S.C. app. 2401 et seq.; 50 Although comprehensive sanctions on 4. The provisions of the U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437, Serbia (excluding Kosovo) remain in Administrative Procedure Act (5 U.S.C. 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 place, both Kosovo and Montenegro 553) requiring notice of proposed FR 58767, 3 CFR, 1996 Comp., p. 228; and retain, for License Exception eligibility rulemaking, the opportunity for public Notice of August 10, 1999, 64 FR 44101 (August 13, 1999). purposes, membership in ‘‘Country participation, and a delay in effective Group B’’ (see Supplement No. 1 to part date, are inapplicable because this 3. The authority citation for part 746 740) and ‘‘Computer Tier 3’’ (see regulation involves a military and is revised to read as follows: § 740.7). Serbia, Kosovo, and foreign affairs function of the United Authority: 50 U.S.C. app. 2401 et seq.; 50 Montenegro are now listed separately in States (see 5 U.S.C. 553(a)(1)). Further, U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437, the Commerce Country Chart (see no other law requires that a notice of 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 Supplement No. 1 to part 738). proposed rulemaking and an FR 58767, 3 CFR, 1996 Comp., p. 228; and On July 14, 1998, BXA implemented opportunity for public comment be Notice of August 10, 1999, 64 FR 44101 an embargo on arms and arms-related given for this final rule. Because a (August 13, 1999). notice of proposed rulemaking and an items in the Export Administration PART 738Ð[AMENDED] Regulations (EAR) that applied to Serbia opportunity for public comment are not (including Kosovo) and Montenegro. required to be given for this rule under 4. Supplement No. 1 to Part 738 is The arms embargo continues in effect, 5 U.S.C. 553 or by any other law, the amended by removing ‘‘Serbia and and this rule leaves provisions regarding analytical requirements of the Montenegro’’ and adding, in the arms embargo unaltered, except that Regulatory Flexibility Act (5 U.S.C. 601 alphabetical order, ‘‘Kosovo,’’ ‘‘Federal Republic of Yugoslavia (Serbia et seq.) are not applicable. ‘‘Montenegro,’’ and ‘‘Serbia,’’ to read as and Montenegro)’’ is revised to read Therefore, this regulation is issued in follows: ‘‘Serbia, Kosovo, and Montenegro.’’ final form. Although there is no formal Although the Export Administration comment period, public comments on Supplement No. 1 to Part 738— Act (EAA) expired on August 20, 1994, this regulation are welcome on a COMMERCE COUNTRY CHART the President invoked the International continuing basis. Comments should be * * * * *
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COMMERCE COUNTRY CHART [Reason for Control]
Chemical & Biologi- Nuclear National Mis- Regional Fire- Crime Anti- cal Non- Security sile Stability arms Control Terrorism Weapons proliferation Tech Con- ven- Countries tion CB CB CB NP NP NS NS MT RS RS CC CC CC AT AT 1 2 3 1 2 1 2 1 1 2 FS 1 2 3 1 2 1
Kosovo (Serbian province of) ...... X X X X X X X X X X Montenegro ...... X X X X X X X X X X Serbia (not including Kosovo) ...... See part 746 of the EAR to determine whether a license is required in order to export or reexport to this destination.
* * * * * developed to prevent diversion to for the use of any U.S.-registered aircraft military, paramilitary or political use. or vessel to supply or transport to PART 740Ð[AMENDED] (3) License Exceptions. Items Serbia, Kosovo, or Montenegro any such items. These requirements apply to 5. Section 740.7 is amended by consigned to and for use by personnel embargoed items specified in removing ‘‘Serbia & Montenegro’’ from and agencies of the U.S. Government under License Exception GOV (see paragraphs (b)(1)(i) and (b)(1)(ii) of this paragraph (d)(1) and by adding, in section, regardless of origin. alphabetical order, ‘‘Kosovo (Serbian § 740.11(b)(2) of the EAR) and individual gift parcels under License (i) Crime Control and Detection province of),’’ ‘‘Montenegro,’’ and Equipment as identified on the CCL ‘‘Serbia’’. Exception GFT (see § 740.12(a) of the EAR) may be exported or reexported to under CC Columns No. 1, 2 or 3 in the 6. Supplement No. 1 to part 740 is Serbia, and temporary exports or Country Chart column of the ‘‘License amended by removing ‘‘Serbia & reexports by the news media may be Requirements’’ section of the applicable Montenegro’’ from the list of ‘‘Country made to Serbia under License Exception ECCN. Group B’’ countries and by adding, in TMP (see § 740.9(a)(2)(viii) of the EAR). (ii) Items described by ECCNs ending alphabetical order, ‘‘Kosovo (Serbian No other License Exceptions are in ‘‘018’’; and 0A982, 0A983, 0A984, province of)’’ and ‘‘Montenegro’’. available for Serbia. 0A985, 0A986, 0A988, 0A989, 0B986, 0E984, 1A005, 1A984, 1C998, 2A993, PART 746Ð[AMENDED] (b) Serbia, Kosovo, and Montenegro. (1) License requirements. Under 3A980, 3A981, 3D980, 3E980, 4A980, 7. Section 746.9 is revised to read as Executive Order 12918 of May 26, 1994 4D980, 4E980, 5A980, 6A002, 6A003.b.3 and b.4, 6E001, 6E002, 9A980, and follows: (59 FR 28205, 3 CFR, 1994 Comp., p. 9A991.a. 899) (which authorizes the Secretary of § 746.9 Serbia, Kosovo, and Montenegro. (2) Date of embargo. The licensing State and the Secretary of Commerce, requirements in paragraph (b) of this The Department of Commerce under section 5 of the United Nations maintains a comprehensive embargo on section were effective on July 14, 1998. Participation Act and other authorities (3) License policy. Applications for exports and reexports to Serbia, available to the respective Secretaries, to export or reexport of all items listed in excluding the Serbian province of take all actions necessary to implement paragraphs (b)(1)(i) and (ii) of this Kosovo (‘‘Kosovo’’). For purposes of the any arms embargo mandated by section are subject to a general policy of EAR, Serbia (excluding Kosovo), resolution of the United Nations denial. Consistent with United Nations Kosovo, and Montenegro are separate Security Council), and in conformity Security Council Resolution 1160, this destinations under the EAR. with United Nations Security Council embargo is effective notwithstanding the Additionally, a United Nations (UNSC) Resolution 1160 of March 31, existence of any rights or obligations mandated arms embargo applies to 1998, an embargo applies to the sale or conferred or imposed by any certain items destined to Serbia, supply to Serbia, Kosovo, or international agreement or any contract Kosovo, and Montenegro. Montenegro of arms and related mate´riel entered into or any license or permit (a) Serbia. (1) License requirements. of all types and regardless of origin, granted prior to July 14, 1998, except to You will need a license to export or such as weapons and ammunition, the extent provided in regulations, reexport all items subject to the EAR to military vehicles and equipment, and orders, directives or licenses that may Serbia, except as specified in paragraph spare parts for such items. You will be issued in the future under Executive (a)(3) of this section. This requirement therefore need a license for the sale, Order 12918 or under the EAR. does not apply to Kosovo or supply or export to Serbia, Kosovo, or (c) Related controls. The Department Montenegro; controls set forth in other Montenegro from the United States of of State, Office of Defense Trade parts of the EAR (e.g., the Commerce embargoed items, as listed in paragraphs Controls, maintains related controls on Country Chart) remain in effect for items (b)(1)(i) and (ii) of this section. You will arms and military equipment under the destined to Kosovo or Montenegro. also need a license for the sale, supply, International Traffic in Arms (2) Licensing policy. Applications for export or reexport to Serbia, Kosovo, or Regulations (22 CFR parts 120 through export or reexport of all items subject to Montenegro of such items by any United 130). You should also contact the the EAR to Serbia will be reviewed on States person in any foreign country or Department of the Treasury’s Office of a case-by-case basis, with a presumption other location. (Reexport controls Foreign Assets Control concerning any of denial for any items other than imposed under this paragraph (b)(1) restrictions which might apply to U.S. humanitarian items. BXA will approve apply only to reexports by U.S. persons. persons involving financial transactions sales of agricultural commodities and Reexport controls on U.S.-origin items with Serbia, Kosovo, or Montenegro, products, medicine, and medical to Serbia, Kosovo, or Montenegro set including those transactions related to equipment for civilian end-use when forth in other parts of the EAR remain the export or reexport of services and appropriate safeguards can be in effect.) You will also need a license non-U.S.-origin items.
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Dated: October 28, 1999. Treasury Inflation-Indexed Securities. issue date of the securities for any R. Roger Majak, On September 7, 1999, § 1.1275–7T was reason and the securities will be Assistant Secretary for Export redesignated as § 1.1275–7 (TD 8838, 64 fungible for Federal income tax Administration. FR 48545). purposes. The temporary regulations also revise [FR Doc. 99–28855 Filed 11–4–99; 8:45 am] Explanation of Provisions BILLING CODE 3510±DT±P the rules to determine the issue price The Secretary of the Treasury is and issue date of an issue of Treasury authorized to issue Treasury securities, securities auctioned on or after including Treasury Inflation-Indexed DEPARTMENT OF THE TREASURY November 2, 1998, to reflect changes in Securities, and to prescribe terms and how Treasury securities are sold. On Internal Revenue Service conditions for their issuance and sale. November 2, 1998, the Treasury The Treasury Department sells Department switched from an average 26 CFR Part 1 securities throughout the year. price auction to a single price auction In January 1992, the Treasury [TD 8840] for selling Treasury securities. Department determined that it will be In response to comments, the IRS is RIN 1545±AX61 prepared to provide additional proposing rules for reopenings of debt quantities of a security to the public instruments other than Treasury Reopenings of Treasury Securities; when an acute, protracted shortage securities. See the Proposed Rules Original Issue Discount develops. These reopenings are section of this issue of the Federal necessary to preserve the integrity and AGENCY: Register. Internal Revenue Service (IRS), efficient functioning of the market in Treasury. Treasury securities. See Department of Special Analyses ACTION: Temporary regulations. the Treasury, Securities and Exchange It has been determined that this Commission, and Board of Governors of SUMMARY: This document contains Treasury decision is not a significant temporary regulations relating to the the Federal Reserve System, Joint Report regulatory action as defined in Federal income tax treatment of on the Government Securities Market Executive Order 12866. Therefore, a (January 1992). reopenings of Treasury securities. The regulatory assessment is not required. It In order to ensure that the original temporary regulations change the also has been determined that section and additional Treasury securities are 553(b) of the Administrative Procedure definition of a qualified reopening. The fungible, § 1.1275–2(d) provides that the text of the temporary regulations also Act (5 U.S.C. chapter 5) does not apply additional Treasury securities issued in to these regulations and, because the serves as the text of the proposed a reopening are part of the same issue regulations set forth in the notice of regulations do not impose a collection as the original Treasury securities if (1) of information on small entities, the proposed rulemaking on this subject in The additional Treasury securities have the Proposed Rules section of this issue Regulatory Flexibility Act (5 U.S.C. the same terms as the original Treasury chapter 6) does not apply. Pursuant to of the Federal Register. The regulations securities, (2) The additional Treasury in this document provide needed section 7805(f) of the Code, these securities are issued not more than 12 temporary regulations will be submitted guidance to holders of reopened months after the original Treasury Treasury securities. to the Chief Counsel for Advocacy of the securities were first issued to the public, Small Business Administration for DATES: The regulations are effective and (3) The additional Treasury November 5, 1999. comment on their impact on small securities are issued in a reopening business. FOR FURTHER INFORMATION CONTACT: intended to alleviate an acute, William E. Blanchard, (202) 622–3950 protracted shortage of the original Drafting Information (not a toll-free number). Treasury securities (a qualified The principal author of the SUPPLEMENTARY INFORMATION: reopening). As a result, any discount regulations is William E. Blanchard, generated upon the issuance of the Background Office of Assistant Chief Counsel additional Treasury securities in the (Financial Institutions and Products). Sections 163(e) and 1271 through reopening is market discount rather However, other personnel from the IRS 1275 of the Internal Revenue Code than OID. and Treasury Department participated (Code) provide rules for the Federal Under § 1.1275–7(g), a reopening of in their development. income tax treatment of interest and Treasury Inflation-Indexed Securities is original issue discount (OID). On a qualified reopening for purposes of List of Subjects in 26 CFR Part 1 February 2, 1994, final regulations § 1.1275–2(d) even though the Income taxes, Reporting and relating to these sections of the Code reopening is not intended to alleviate an recordkeeping requirements. (TD 8517, 1994–1 C.B. 38) were acute, protracted shortage of the original published in the Federal Register (59 Treasury securities. Adoption of Amendments to the FR 4799). Section 1.1275–2(d)(2) of the For debt management and liquidity Regulations regulations provides rules for the concerns, the Treasury Department has Accordingly, 26 CFR part 1 is treatment of certain reopenings of decided that it needs the ability to amended as follows: Treasury securities. reopen an issue of Treasury securities On January 6, 1997, temporary within one year. Therefore, the PART 1ÐINCOME TAXES regulations relating to the Federal temporary regulations in this document Paragraph 1. The authority citation for income tax treatment of inflation- (§ 1.1275–2T) revise the rules for when part 1 is amended by adding a new indexed debt instruments (TD 8709, a reopening is a qualified reopening by entry in numerical order to read in part 1997–1 C.B. 167) were published in the eliminating the acute, protracted as follows: Federal Register (62 FR 615). Section shortage requirement. As a result, the 1.1275–7T(g) of those temporary Treasury Department can reopen an Authority: 26 U.S.C. 7805 * * * regulations provided rules for the issue of outstanding Treasury securities Section 1.1275–2T also issued under treatment of certain reopenings of at any time within 12 months after the 26 U.S.C. 1275(d). * **
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Par. 2. Section 1.1271–0 is amended (2) Reopenings of Treasury SUMMARY: The EPA is approving two by: securities—(i) Treatment of additional requests by the Tennessee Department 1. Revising the entry for § 1.1275–2(d) Treasury securities. Additional Treasury of Air Pollution Control (TDAPC) to in paragraph (b). securities issued in a qualified incorporate revised permits for eight 2. Adding an entry for § 1.1275–2T in reopening are part of the same issue as facilities into the Tennessee State numerical order in paragraph (b). the original Treasury securities and Implementation Plan (SIP). All of the 3. Revising the entry for § 1.1275–7(g) have the same issue price and issue date permits affected by this action were in paragraph (b). as the original Treasury securities. This previously approved into the SIP to The revisions and additions read as paragraph (d)(2) applies to qualified meet various Clean Air Act (CAA) and follows: reopenings that occur on or after March regulatory requirements. EPA is § 1.1271±0 Original issue discount; 25, 1992. approving an April 9, 1997, submittal effective date; table of contents. (ii) Definitions—(A) Additional from TDAPC that amends permits for Treasury securities. Additional Treasury the Soda Recovery Furnace and the * * * * * securities are Treasury securities with Smelt Tank at Willamette Industries (b) * * * terms that are in all respects identical to Inc., Kingsport, to establish revised * * * * * the terms of the original Treasury particulate matter (PM) emission limits § 1.1275±2 Special rules relating to debt securities. for these units. The revised emission instruments. (B) Original Treasury securities. limits will have a net positive impact on * * * * * Original Treasury securities are ambient air quality. An April 14, 1997, (d) [Reserved] securities comprising any issue of submittal from the Chattanooga- outstanding Treasury securities. Hamilton County Air Pollution Control * * * * * (C) Qualified reopening. A qualified Bureau (CHCAPCB), through TDAPC, § 1.1275±2T Special rules relating to debt reopening is a reopening that occurs not revises the permits as amended by instruments (temporary). more than one year after the original agreed order for seven miscellaneous (a) through (c) [Reserved] Treasury securities were first issued to metal parts coaters located in Hamilton (d) Special rules for Treasury securities. the public. For reopenings of Treasury County to qualify them as a synthetic (1) Issue price and issue date. securities (other than Treasury Inflation- minor sources. Based on supplemental (2) Reopenings of Treasury securities. Indexed Securities) that occur prior to information received from CHCAPCB, * * * * * November 5, 1999, a qualified reopening EPA has concluded that one of these is a reopening of Treasury securities that seven facilities is now a new source and § 1.1275±7 Inflation-indexed debt satisfies the preceding sentence and that thus need not be included in this instruments. was intended to alleviate an acute, approval action. EPA is approving the * * * * * protracted shortage of the original revised permits for the remaining six (g) [Reserved] Treasury securities. facilities into the SIP. * * * * * DATES: This direct final rule is effective § 1.1275±7 [Amended] Par. 3. Section 1.1275–2 is amended January 4, 2000 without further notice, by revising paragraph (d) to read as Par. 5. Section 1.1275–7 is amended unless EPA receives adverse comment follows: by removing and reserving paragraph by December 6, 1999. If adverse (g). § 1.1275±2 Special rules relating to debt comment is received, EPA will publish instruments. Approved: October 29, 1999. a timely withdrawal of the direct final * * * * * David A. Mader, rule in the Federal Register and inform (d) [Reserved] For further guidance, Acting Deputy Commissioner of Internal the public that the rule will not take see § 1.1275–2T(d). Revenue. effect. * * * * * Jonathan Talisman, ADDRESSES: All comments should be Par. 4. Section 1.1275–2T is added to Acting Assistant Secretary of the Treasury. addressed to: Allison Humphris at the read as follows: [FR Doc. 99–28741 Filed 11–3–99; 8:45 am] EPA, Region 4 Air Planning Branch, 61 BILLING CODE 4830±01±U Forsyth Street, SW, Atlanta, Georgia § 1.1275±2T Special rules relating to debt 30303. instruments (temporary). Copies of the State submittal(s) are (a) through (c) [Reserved] For further available at the following addresses for ENVIRONMENTAL PROTECTION guidance, see § 1.1275–2(a) through (c). inspection during normal business AGENCY (d) Special rules for Treasury hours: securities—(1) Issue price and issue 40 CFR Part 52 Air and Radiation Docket and date—(i) In general. The issue price of Information Center (Air Docket 6102), an issue of Treasury securities is the [TN±192±1±9962(a); TN±193±1±9963(a); U.S. Environmental Protection price of the securities sold at auction. In FRL±6465±1] Agency, 401 M Street, SW, addition, the issue date of the issue is Washington, DC 20460. the first settlement date of a substantial Approval and Promulgation of Environmental Protection Agency, amount of the securities. Implementation Plans; Tennessee: Region 4, Air Planning Branch, 61 (ii) Treasury securities auctioned Approval of Source Specific Revisions Forsyth Street, SW, Atlanta, Georgia before November 2, 1998. For an issue to the Nonregulatory Portion of the 30303–8960. Allison Humphris, 404/ of Treasury securities auctioned before Tennessee SIP Regarding Emission 562–9030. November 2, 1998, the issue price of the Limits for Particulate Matter and Tennessee Department of Environment issue is the average price of the Volatile Organic Compounds and Conservation, Division of Air securities sold. In addition, the issue AGENCY: Environmental Protection Pollution Control, L & C Annex, 9th date of the issue is the first settlement Agency (EPA). Floor, 401 Church Street, Nashville, date on which a substantial amount of Tennessee 37243–1531. 615/532– ACTION: Direct final rule. the securities in the issue is sold. 0554.
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Chattanooga-Hamilton County Air regulations. On April 14, 1997, Soda Recovery Furnace and the Smelt Pollution Control Bureau, 3511 CHCAPCB submitted revised permits as Tank at Willamette Industries, Inc. into Rossville Boulevard, Chattanooga, amended by order for seven of these ten the SIP. The PM emission limits Tennessee, 37407–2495. 423/867– facilities to establish additional, more contained in the revised permits will 4321. stringent, federally enforceable limits on reduce the existing total allowable PM FOR FURTHER INFORMATION CONTACT: their potential to emit to qualify them as emissions for these two units from 45.4 Allison Humphris at 404/562–9030. synthetic minor sources. These limits lb/hr to 38.0 lb/hr. The results of SUPPLEMENTARY INFORMATION: restrict total VOC emissions from metal atmospheric dispersion modeling coating operations to below 25 tons per conducted by the facility also show that I. Background year (TPY), total VOC emissions to the revised emission limits for these two A. Willamette Industries, Inc.— below 100 TPY, total hazardous air units will have a net positive impact on Kingsport, Tennessee pollutant (HAP) emissions to below 25 ambient air quality. The alternate TPY and individual HAP emissions to emission standards to be granted to this On December 7, 1982, EPA approved below 10 TPY. Prior to this action, the facility are thus consistent with existing permits establishing PM emission limits SIP requirements, as they will reduce for the Soda Recovery Furnace and the potential VOC and HAP emissions of all seven facilities exceeded one or more of PM emissions at least as much as is Smelt Tank at Mead Paper Company required under other applicable rules. (now Willamette Industries Inc.), these criteria. The seven facilities Kingsport, Tennessee, into the include: B. Seven Miscellaneous Metal Parts Tennessee SIP (47 FR 54936). These (1) Browning-Ferris Industries of TN, Coaters—Hamilton County, Tennessee Inc. (formerly Browning-Ferris permits, along with numerous other Following review of CHCAPCB’s facility permits, satisfied Reasonably Industries) (2) Cannon Equipment Southeast, Inc. April 14, 1997 submittal and subsequent Available Control Technology (RACT) supplemental information, EPA is requirements and comprised part of the (formerly Cumberland Corporation) (3) EK Associates, L.P. (formerly Ekco/ incorporating the revised permits as Kingsport secondary particulate amended by agreed order for six of the nonattainment area plan. On April 9, Gladco, Inc.) (4) Mckee Foods Corporation (formerly seven above-listed miscellaneous metal 1997, TDAPC submitted revised permits McKee Baking Company) parts coaters into the SIP. The revised which establish alternate emission (5) Metal Systems, Inc. (formerly permits are consistent with existing standards for these two units. The Electrical Systems, Inc.) State and local SIP requirements, as revised emission limits lower the (6) Sherman & Reilly, Inc. they replace the emission limits permitted PM emission limit for the (7) Tuftco Corporation contained in the existing permits with Soda Recovery Furnace from 44.1 On December 23, 1998, EPA informed more stringent emission limits. pounds per hour (lb/hr) to 35.0 lb/hr to CHCAPCB that the revised permits as Moreover, EPA has determined that all offset an increase in the permitted PM amended by agreed order for EK six revised permits include conditions emission limit for the Smelt Tank from Associates, L.P. and Metal Systems Inc. adequate to verify ongoing compliance 1.3 lb/hr to 3.0 lb/hr. In a letter dated were unapprovable, as they failed to with the revised emission limits (i.e. March 26, 1998, EPA informed TDAPC include conditions to verify ongoing quantifiable limits on VOC coating that the revised permits were compliance with the revised emission content and usage). Based on unapprovable, as they failed to include limits. In a letter dated February 19, supplemental information received from conditions to verify ongoing compliance 1998, CHCAPCB indicated that, CHCAPCB, the seventh facility included with these emission limits. On subsequent to the April 14, 1997 in the April 14, 1997 submittal, EK September 16, 1999, TDAPC submitted submittal, the facility owned and Associates, L.P., is now a new source supplemental information consisting of operated by EK Associates, L.P. was (Pressco, Inc.). The revised permit for practically enforceable conditions that purchased by Pressco. Inc., who sold the this facility thus need not be amend the revised permits to address existing equipment, purchased new incorporated into the SIP and is not EPA’s concerns. The amended revised equipment and commenced a new included in this approval action. permits specify operating parameters for operation. EPA notified CHCAPC that, the Soda Recovery Furnace, and III. Final Action based on this information, Pressco could production rates for the Smelt Tank, EPA is approving the aforementioned be considered a new source, and did not that must be maintained to ensure changes to the SIP because they are need to submit a revised permit for compliance with the permitted emission consistent with Clean Air Act and EPA inclusion in the SIP. In supplemental limits. requirements. information dated April 22, 1999, The EPA is publishing this rule B. Seven Miscellaneous Metal Parts CHCAPCB submitted a revised permit as without prior proposal because the Coaters—Hamilton County, Tennessee amended by agreed order for Metal Agency views this as a noncontroversial On June 28, 1989, EPA approved the Systems Inc. that included conditions submittal and anticipates no adverse permits as amended by agreed order for restricting the maximum usage and VOC comments. However, in the proposed fourteen facilities into the Tennessee content of materials used by this rules section of this Federal Register SIP to demonstrate full implementation facility, thereby addressing the second publication, EPA is publishing a of the ozone SIP in Hamilton County, of EPA’s concerns with the original separate document that will serve as the thereby partially fulfilling CAA submittal. proposal to approve the SIP revision requirements for redesignating this area II. Analysis of State’s Submittal should adverse comments be filed. This to attainment for ozone (54 FR 27164). rule will be effective January 4, 2000 The permits as amended by agreed order A. Willamette Industries, Inc.— without further notice unless the for ten of these facilities restricted the Kingsport, Tennessee Agency receives adverse comments by volatile organic compound (VOC) Following review of TDAPC’s April 9, December 6, 1999. emissions of each to below the 25 ton 1997 submittal and subsequent If the EPA receives such comments, per year (TPY) applicability limit for supplemental information, EPA is then EPA will publish a document sources subject to VOC RACT incorporating the revised permits for the withdrawing the final rule and
VerDate 29-OCT-99 10:18 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.XXX pfrm03 PsN: 05NOR1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Rules and Regulations 60345 informing the public that the rule will various levels of government, as E. Regulatory Flexibility Act not take effect. All public comments specified in Executive Order 12612. The The Regulatory Flexibility Act (RFA) received will then be addressed in a rule affects only one State, and does not generally requires an agency to conduct subsequent final rule based on the alter the relationship or the distribution a regulatory flexibility analysis of any proposed rule. The EPA will not of power and responsibilities rule subject to notice and comment institute a second comment period. established in the Clean Air Act. rulemaking requirements unless the Parties interested in commenting should C. Executive Order 13045 agency certifies that the rule will not do so at this time. If no such comments have a significant economic impact on are received, the public is advised that Protection of Children from a substantial number of small entities. this rule will be effective on January 4, Environmental Health Risks and Safety Small entities include small businesses, 2000 and no further action will be taken Risks (62 FR 19885, April 23, 1997), small not-for-profit enterprises, and on the proposed rule. applies to any rule that: (1) is small governmental jurisdictions. IV. Administrative Requirements determined to be ‘‘economically This final rule will not have a significant’’ as defined under E.O. significant impact on a substantial A. Executive Order 12866 12866, and (2) concerns an number of small entities because SIP The Office of Management and Budget environmental health or safety risk that approvals under section 110 and (OMB) has exempted this regulatory EPA has reason to believe may have a subchapter I, part D of the Clean Air Act action from Executive Order (E.O.) disproportionate effect on children. If do not create any new requirements but 12866, entitled ‘‘Regulatory Planning the regulatory action meets both criteria, simply approve requirements that the and Review.’’ the Agency must evaluate the State is already imposing. Therefore, environmental health or safety effects of because the Federal SIP approval does B. Executive Orders on Federalism the planned rule on children, and not create any new requirements, I Under E.O. 12875, EPA may not issue explain why the planned regulation is certify that this action will not have a a regulation that is not required by preferable to other potentially effective significant economic impact on a statute and that creates a mandate upon and reasonably feasible alternatives substantial number of small entities. a state, local, or tribal government, considered by the Agency. Moreover, due to the nature of the unless the Federal government provides This rule is not subject to E.O. 13045 Federal-State relationship under the the funds necessary to pay the direct because it does not involve decisions Clean Air Act, preparation of flexibility compliance costs incurred by those intended to mitigate environmental analysis would constitute Federal governments. If the mandate is health or safety risks. inquiry into the economic unfunded, EPA must provide to the reasonableness of state action. The Office of Management and Budget a D. Executive Order 13084 Clean Air Act forbids EPA to base its description of the extent of EPA’s prior actions concerning SIPs on such Under E.O. 13084, EPA may not issue consultation with representatives of grounds. Union Electric Co., v. U.S. a regulation that is not required by affected state, local, and tribal EPA, 427 U.S. 246, 255–66 (1976); 42 statute, that significantly affects or governments, the nature of their U.S.C. 7410(a)(2). concerns, copies of written uniquely affects the communities of communications from the governments, Indian tribal governments, and that F. Unfunded Mandates and a statement supporting the need to imposes substantial direct compliance Under section 202 of the Unfunded issue the regulation. costs on those communities, unless the Mandates Reform Act of 1995 In addition, E.O. 12875 requires EPA Federal government provides the funds (‘‘Unfunded Mandates Act’’), signed to develop an effective process necessary to pay the direct compliance into law on March 22, 1995, EPA must permitting elected officials and other costs incurred by the tribal prepare a budgetary impact statement to representatives of state, local, and tribal governments. If the mandate is accompany any proposed or final rule governments ‘‘to provide meaningful unfunded, EPA must provide to the that includes a Federal mandate that and timely input in the development of Office of Management and Budget, in a may result in estimated annual costs to regulatory proposals containing separately identified section of the State, local, or tribal governments in the significant unfunded mandates.’’ preamble to the rule, a description of aggregate; or to private sector, of $100 Today’s rule does not create a mandate the extent of EPA’s prior consultation million or more. Under section 205, on state, local or tribal governments. with representatives of affected tribal EPA must select the most cost-effective The rule does not impose any governments, a summary of the nature and least burdensome alternative that enforceable duties on these entities. of their concerns, and a statement achieves the objectives of the rule and Accordingly, the requirements of supporting the need to issue the is consistent with statutory section 1(a) of E.O. 12875 do not apply regulation. requirements. Section 203 requires EPA to this rule. In addition, E.O. 13084 requires EPA to establish a plan for informing and On August 4, 1999, President Clinton to develop an effective process advising any small governments that issued a new executive order on permitting elected and other may be significantly or uniquely federalism, Executive Order 13132, (64 representatives of Indian tribal impacted by the rule. FR 43255 (August 10, 1999)), which will governments ‘‘to provide meaningful EPA has determined that the approval take effect on November 2, 1999. In the and timely input in the development of action promulgated does not include a interim, the current Executive Order regulatory policies on matters that Federal mandate that may result in 12612, (52 FR 41685 (October 30, significantly or uniquely affect their estimated annual costs of $100 million 1987)), on federalism still applies. This communities.’’ Today’s rule does not or more to either State, local, or tribal rule will not have a substantial direct significantly or uniquely affect the governments in the aggregate, or to the effect on States, on the relationship communities of Indian tribal private sector. This Federal action between the national government and governments. Accordingly, the approves pre-existing requirements the States, or on the distribution of requirements of section 3(b) of E.O. under State or local law, and imposes power and responsibilities among the 13084 do not apply to this rule. no new requirements. Accordingly, no
VerDate 29-OCT-99 10:18 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.XXX pfrm03 PsN: 05NOR1 60346 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Rules and Regulations additional costs to State, local, or tribal standards when developing a new List of Subjects in 40 CFR Part 52 governments, or to the private sector, regulation. To comply with NTTAA, Environmental protection, Air result from this action. EPA must consider and use ‘‘voluntary pollution control, Hydrocarbons, G. Submission to Congress and the consensus standards’’ (VCS) if available Nitrogen dioxide, Ozone, Particulate Comptroller General and applicable when developing matter, Reporting and recordkeeping programs and policies unless doing so requirements. The Congressional Review Act, 5 would be inconsistent with applicable Dated: October 18, 1999. U.S.C. 801 et seq., as added by the Small law or otherwise impractical. Business Regulatory Enforcement A. Stanley Meiburg, Fairness Act of 1996, generally provides The EPA believes that VCS are Acting Regional Administrator, Region 4. that before a rule may take effect, the inapplicable to this action. Today’s agency promulgating the rule must action does not require the public to Part 52 of chapter I, title 40, Code of submit a rule report, which includes a perform activities conducive to the use Federal Regulations, is amended as copy of the rule, to each House of the of VCS. follows: Congress and to the Comptroller General I. Petitions for Judicial Review PART 52Ð[AMENDED] of the United States. EPA will submit a report containing this rule and other Under section 307(b)(1) of the Clean 1. The authority citation for part 52 required information to the U.S. Senate, Air Act, petitions for judicial review of continues to read as follows: the U.S. House of Representatives, and this action must be filed in the United Authority: 42.U.S.C. 7401 et seq. the Comptroller General of the United States Court of Appeals for the States prior to publication of the rule in appropriate circuit by January 4, 2000. Subpart RRÐTennessee the Federal Register. A major rule Filing a petition for reconsideration by cannot take effect until 60 days after it 2. Section 52.2220(d) is amended by the Administrator of this final rule does is published in the Federal Register. revising the entries for ‘‘Revised Permits This rule is not a ‘‘major’’ rule as not affect the finality of this rule for the for the Kingsport Particulate defined by 5 U.S.C. 804(2). purposes of judicial review nor does it Nonattainment Area’’ and extend the time within which a petition ‘‘Miscellaneous Metal Parts’’ to read as H. National Technology Transfer and for judicial review may be filed, and follows: Advancement Act shall not postpone the effectiveness of Section 12 of the National Technology such rule or action. This action may not § 52.2220 Identification of plan. Transfer and Advancement Act be challenged later in proceedings to * * * * * (NTTAA) of 1995 requires Federal enforce its requirements. (See section (d) EPA-approved State Source- agencies to evaluate existing technical 307(b)(2).) specific Requirements.
EPA-APPROVED TENNESSEE SOURCE-SPECIFIC REQUIREMENTS
EPA Name of source Permit No. State effec- approval Explanation tive date date
Revised Permits for the Kingsport Particulate Nonattainment Area N/A 09/15/99 11/5/99 Various permits.
******* Miscellaneous Metal Parts ...... N/A 04/05/99 11/5/99 13 sources.
*******
* * * * * SUMMARY: EPA is approving revisions to by December 6, 1999. If adverse [FR Doc. 99–28211 Filed 11–4–99; 8:45 am] the Knox County portion of the comment is received, EPA will publish BILLING CODE 6560±50±U Tennessee State Implementation Plan a timely withdrawal of the direct final (SIP) submitted by the State of rule in the Federal Register and inform Tennessee Department of Environment the public that the rule will not take ENVIRONMENTAL PROTECTION and Conservation on February 26, 1993, effect. AGENCY and June 23, 1998. The revisions add ADDRESSES: All comments should be clarification to the section regarding addressed to Steven M. Scofield at the 40 CFR Part 52 exceptions to prohibition with a permit EPA, Region 4 Air Planning Branch, 61 in the Open Burning rule by replacing Forsyth Street, SW, Atlanta, Georgia [TN±105±1±9949a; TN±209±1±9950a; FRL± the existing language in Section 16.3 30303. 6469±4] with new language. Private residences Copies of the State submittals are and farming operations are defined in available at the following addresses for Approval and Promulgation of more detail as purposes for which open inspection during normal business Implementation Plans Tennessee: burning is allowed, and church hours: Approval of Revisions to Knox County congregational property is being added Air and Radiation Docket and portion of Tennessee Implementation to excepted purposes. In addition, an Information Center (Air Docket 6102), Plan open burning exemption is being U.S. Environmental Protection AGENCY: Environmental Protection removed from the permits chapter. Agency, 401 M Street, SW, Agency (EPA). DATES: This direct final rule is effective Washington, DC 20460. January 4, 2000 without further notice, Environmental Protection Agency, ACTION: Direct final rule. unless EPA receives adverse comment Region 4 Air Planning Branch, 61
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Forsyth Street, SW, Atlanta, Georgia If the EPA receives such comments, between the national government and 30303. Steven M. Scofield, 404/562– then EPA will publish a document the States, or on the distribution of 9034. withdrawing the final rule and power and responsibilities among the Division of Air Pollution Control, informing the public that the rule will various levels of government, as Tennessee Department of not take effect. All public comments specified in Executive Order 12612. The Environment and Conservation, L & C received will then be addressed in a rule affects only one State, and does not Annex, 9th Floor, 401 Church Street, subsequent final rule based on the alter the relationship or the distribution Nashville, Tennessee 37243–1531. proposed rule. The EPA will not of power and responsibilities 615/532–0554. institute a second comment period. established in the Clean Air Act. Knox County Department of Air Parties interested in commenting should C. Executive Order 13045 Pollution Control, 400 West Main do so at this time. If no such comments Avenue, Suite 339, City-County are received, the public is advised that Protection of Children from Building, Knoxville, Tennessee this rule will be effective on January 4, Environmental Health Risks and Safety 37902–2405. 423/215–2488. 2000 and no further action will be taken Risks (62 FR 19885, April 23, 1997), FOR FURTHER INFORMATION CONTACT: on the proposed rule. applies to any rule that: (1) Is Steven M. Scofield at 404/562–9034. determined to be ‘‘economically III. Administrative Requirements SUPPLEMENTARY INFORMATION: significant’’ as defined under E.O. I. Background A. Executive Order 12866 12866, and (2) Concerns an The Office of Management and Budget environmental health or safety risk that On February 26, 1993, the State of EPA has reason to believe may have a Tennessee, through the Department of (OMB) has exempted this regulatory action from Executive Order (E.O.) disproportionate effect on children. If Environment and Conservation, the regulatory action meets both criteria, submitted a revision incorporating 12866, entitled ‘‘Regulatory Planning and Review.’’ the Agency must evaluate the Section 16.3.A-C of the Open Burning environmental health or safety effects of rule into the Knox County portion of the B. Executive Orders on Federalism the planned rule on children, and SIP. This section identifies exceptions Under E.O. 12875, EPA may not issue explain why the planned regulation is to the prohibitions to open burning in preferable to other potentially effective Knox County. The revisions add a regulation that is not required by statute and that creates a mandate upon and reasonably feasible alternatives clarification to the section regarding considered by the Agency. exceptions to prohibition with a permit a state, local, or tribal government, unless the Federal government provides This rule is not subject to E.O. 13045 in the Open Burning rule by replacing because it does not involve decisions the existing language in Section 16.3 the funds necessary to pay the direct intended to mitigate environmental with new language to add exceptions for compliance costs incurred by those health or safety risks. land clearing of brush wood (of which governments. If the mandate is no part may exceed three (3) inches in unfunded, EPA must provide to the D. Executive Order 13084 diameter) grown on that land where the Office of Management and Budget a Under E.O. 13084, EPA may not issue land is being maintained for established description of the extent of EPA’s prior a regulation that is not required by private residences, farming operations consultation with representatives of statute, that significantly affects or and established church congregational affected state, local, and tribal uniquely affects the communities of property. governments, the nature of their On June 23, 1998, the State of concerns, copies of written Indian tribal governments, and that Tennessee, through the Department of communications from the governments, imposes substantial direct compliance Environment and Conservation, and a statement supporting the need to costs on those communities, unless the submitted a revision incorporating a issue the regulation. Federal government provides the funds revision to section 25.6.E by removing In addition, E.O. 12875 requires EPA necessary to pay the direct compliance the permit exemption for operations to develop an effective process costs incurred by the tribal regulated by section 16 and reserving permitting elected officials and other governments. If the mandate is section 25.6.E. representatives of state, local, and tribal unfunded, EPA must provide to the governments ‘‘to provide meaningful Office of Management and Budget, in a II. Final Action and timely input in the development of separately identified section of the The EPA is approving the revisions to regulatory proposals containing preamble to the rule, a description of the open burning and permits significant unfunded mandates.’’ the extent of EPA’s prior consultation regulations because they are consistent Today’s rule does not create a mandate with representatives of affected tribal with EPA policy and the Clean Air Act on state, local or tribal governments. governments, a summary of the nature (CAA). The rule does not impose any of their concerns, and a statement The EPA is publishing this rule enforceable duties on these entities. supporting the need to issue the without prior proposal because the Accordingly, the requirements of regulation. Agency views this as a noncontroversial section 1(a) of E.O. 12875 do not apply In addition, E.O. 13084 requires EPA submittal and anticipates no adverse to this rule. to develop an effective process comments. However, in the proposed On August 4, 1999, President Clinton permitting elected and other rules section of this Federal Register issued a new executive order on representatives of Indian tribal publication, EPA is publishing a federalism, Executive Order 13132, (64 governments ‘‘to provide meaningful separate document that will serve as the FR 43255 (August 10, 1999),) which will and timely input in the development of proposal to approve the SIP revision take effect on November 2, 1999. In the regulatory policies on matters that should adverse comments be filed. This interim, the current Executive Order significantly or uniquely affect their rule will be effective January 4, 2000 12612, (52 FR 41685 (October 30, communities.’’ Today’s rule does not without further notice unless the 1987),) on federalism still applies. This significantly or uniquely affect the Agency receives adverse comments by rule will not have a substantial direct communities of Indian tribal December 6, 1999. effect on States, on the relationship governments. Accordingly, the
VerDate 29-OCT-99 10:18 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.XXX pfrm03 PsN: 05NOR1 60348 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Rules and Regulations requirements of section 3(b) of E.O. no new requirements. Accordingly, no reference, Intergovernmental relations, 13084 do not apply to this rule. additional costs to State, local, or tribal Lead, Nitrogen dioxide, Ozone, governments, or to the private sector, Particulate matter, Reporting and E. Regulatory Flexibility Act result from this action. recordkeeping requirements, Sulfur The Regulatory Flexibility Act (RFA) oxides. generally requires an agency to conduct G. Submission to Congress and the a regulatory flexibility analysis of any Comptroller General Dated: October 6, 1999. rule subject to notice and comment The Congressional Review Act, 5 A. Stanley Meiburg, rulemaking requirements unless the U.S.C. 801 et seq., as added by the Small Acting Regional Administrator, Region 4. agency certifies that the rule will not Business Regulatory Enforcement Part 52 of chapter I, title 40, Code of have a significant economic impact on Fairness Act of 1996, generally provides Federal Regulations, is amended as a substantial number of small entities. that before a rule may take effect, the follows: Small entities include small businesses, agency promulgating the rule must small not-for-profit enterprises, and submit a rule report, which includes a Part 52Ð[AMENDED] small governmental jurisdictions. copy of the rule, to each House of the This final rule will not have a Congress and to the Comptroller General 1. The authority citation for part 52 significant impact on a substantial of the United States. EPA will submit a continues to read as follows: number of small entities because SIP report containing this rule and other Authority: 42.U.S.C. 7401–7671q. approvals under section 110 and required information to the U.S. Senate, subchapter I, part D of the Clean Air Act the U.S. House of Representatives, and Subpart RRÐTennessee do not create any new requirements but the Comptroller General of the United simply approve requirements that the States prior to publication of the rule in 2. Section 52.2239 is amended by State is already imposing. Therefore, the Federal Register. A major rule adding paragraph (c)(128) to read as because the Federal SIP approval does cannot take effect until 60 days after it follows: not create any new requirements, I is published in the Federal Register. certify that this action will not have a § 52.2239 Original Identification of plan This rule is not a ‘‘major’’ rule as section. significant economic impact on a defined by 5 U.S.C. 804(2). substantial number of small entities. * * * * * Moreover, due to the nature of the H. National Technology Transfer and (c) * * * Federal-State relationship under the Advancement Act (128) Revisions to Chapter 16, ‘‘Open Clean Air Act, preparation of flexibility Section 12 of the National Technology Burning’’, of the Knox County portion of analysis would constitute Federal Transfer and Advancement Act the Tennessee State Implementation inquiry into the economic (NTTAA) of 1995 requires Federal Plan were submitted by the Tennessee reasonableness of state action. The agencies to evaluate existing technical Department of Environment and Clean Air Act forbids EPA to base its standards when developing a new Conservation on February 26, 1993. actions concerning SIPs on such regulation. To comply with NTTAA, Revisions to Chapter 25, ‘‘Permits’’, of grounds. Union Electric Co., v. U.S. EPA must consider and use ‘‘voluntary the Knox County portion of the EPA, 427 U.S. 246, 255–66 (1976); 42 consensus standards’’ (VCS) if available Tennessee State Implementation Plan U.S.C. 7410(a)(2). and applicable when developing were submitted by the Tennessee F. Unfunded Mandates programs and policies unless doing so Department of Environment and would be inconsistent with applicable Under section 202 of the Unfunded Conservation on June 23, 1998. law or otherwise impractical. (i) Incorporation by reference. Mandates Reform Act of 1995 The EPA believes that VCS are (‘‘Unfunded Mandates Act’’), signed inapplicable to this action. Today’s (A) Section 16.3 Exceptions to into law on March 22, 1995, EPA must action does not require the public to Prohibition—With Permit, adopted on prepare a budgetary impact statement to perform activities conducive to the use January 13, 1993. accompany any proposed or final rule of VCS. (B) Section 25.6 Exemptions, that includes a Federal mandate that paragraph E, adopted on June 10, 1998. may result in estimated annual costs to I. Petitions for Judicial Review (ii) Other material. None. State, local, or tribal governments in the Under section 307(b)(1) of the Clean aggregate; or to private sector, of $100 Air Act, petitions for judicial review of [FR Doc. 99–28879 Filed 11–4–99; 8:45 am] million or more. Under section 205, this action must be filed in the United BILLING CODE 6560±50±P EPA must select the most cost-effective States Court of Appeals for the and least burdensome alternative that appropriate circuit by January 4, 2000. achieves the objectives of the rule and Filing a petition for reconsideration by GENERAL SERVICES is consistent with statutory the Administrator of this final rule does ADMINISTRATION requirements. Section 203 requires EPA not affect the finality of this rule for the to establish a plan for informing and purposes of judicial review nor does it 41 CFR Part 101±11 advising any small governments that extend the time within which a petition may be significantly or uniquely for judicial review may be filed, and RIN 3090±AG02 impacted by the rule. shall not postpone the effectiveness of EPA has determined that the approval such rule or action. This action may not Relocation of FIRMR Provisions action promulgated does not include a be challenged later in proceedings to Relating to GSA's Role in the Records Federal mandate that may result in enforce its requirements. (See section Management Program estimated annual costs of $100 million 307(b)(2).) or more to either State, local, or tribal AGENCY: Office of Governmentwide governments in the aggregate, or to the List of Subjects in 40 CFR Part 52 Policy, GSA. private sector. This Federal action Environmental protection, Air ACTION: Interim rule; extension of approves pre-existing requirements pollution control, Carbon monoxide, expiration date. under State or local law, and imposes Hydrocarbons, Incorporation by
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SUMMARY: The General Services ACTION: Final rule. II. Opinion by the Fifth Circuit Court of Administration (GSA) is extending the Appeals expiration date of an interim rule on SUMMARY: This document concerning Federal Property Management the Federal-State Joint Board on 3. Numerous parties filed petitions for Regulations provisions regarding Universal Service: Access Charge review of the Commission’s Universal records management. Reform adopts modifications to the Service Order. Those petitions were consolidated before the Fifth Circuit, DATES: Effective date: The interim rule Commission’s rules consistent with the published at 61 FR 41000 was effective portions of the United States Court of which issued an opinion on July 30, August 8, 1996. Appeals for the Fifth Circuit decision 1999. In response to the arguments of Expiration Date: The expiration date concerning the assessment and recovery Petitioner COMSAT Corporation of the interim rule published at 61 FR of universal service contributions, and (COMSAT), the court reversed and 41000 is extended through December the Lifeline program. remanded to the Commission for further consideration the Commission’s 31, 2000. DATES: Effective November 1, 1999. decision to assess contributions based FOR FURTHER INFORMATION CONTACT: R. FOR FURTHER INFORMATION CONTACT: Jack on contributors’ combined interstate Stewart Randall, Jr. Office of Zinman, Attorney, Common Carrier and international revenues. COMSAT Governmentwide Policy, telephone Bureau, Accounting Policy Division, did not challenge the Commission’s 202–501–4469. (202) 418–7400. jurisdiction to include international SUPPLEMENTARY INFORMATION: FPMR SUPPLEMENTARY INFORMATION: revenues in calculating carriers’ interim rule B–1 was published in the This is a contributions. COMSAT argued, Federal Register on August 7, 1996, 61 summary of the Commission’s Sixteenth however, that including the FR 41000. The expiration of the interim Order on Reconsideration in CC Docket international revenues of interstate rule was December 31, 1997. A No. 96–45, Eighth Report and Order in carriers in the revenue base was supplement published in the Federal CC Docket No. 96–45, and Sixth Report unreasonable for carriers such as Register on October 31, 1997, 62 FR and Order in CC Docket No. 96–262 COMSAT whose interstate revenues 58922, extended the expiration date released on October 8, 1999. The full account for a small percentage of their through December 31, 1998. Another text of this document is available for total annual revenues and whose annual supplement was published in the public inspection during regular contribution to universal service would Federal Register on January 19, 1999, 64 business hours in the FCC Reference exceed their annual interstate revenues. FR 2857, that extended the expiration Center, Room CY–A257, 445 Twelfth COMSAT argued, and the court agreed, date through December 31, 1999. This Street, S.W., Washington, D.C., 20554. that this result is contrary to the supplement further extends the I. Introduction statutory requirement in section 254(d) expiration date through December 31, of the Act, that contributions be made 2000. 1. On July 30, 1999, a three-judge panel of the United States Court of on an ‘‘equitable and nondiscriminatory List of Subjects in 41 CFR part 101–11 Appeals for the Fifth Circuit issued a basis.’’ Specifically, the court found that Archives and records, Computer decision affirming in part, remanding in the Commission failed to demonstrate technology, Telecommunications, part, and reversing in part the how requiring COMSAT to pay more in Government procurement, Property Commission’s May 8, 1997 Universal universal service contributions than it management, Records management, and Service Order, 62 FR 32862 (June 17, derives in interstate revenues satisfies Federal information processing 1997). Several of the court’s rulings in the ‘‘equitable’’ language of section resources activities. that decision affect the assessment and 254(d). Additionally, the court criticized recovery of universal service the contribution requirement at issue as Therefore the expiration date for contributions, as well as the ‘‘discriminatory’’ under section 254(d), interim rule B–1 adding 41 CFR part Commission’s Lifeline program for low- on the basis that the application of that 101–11 published at 61 FR 41000, income consumers. The court’s mandate requirement ‘‘damages some August 7, 1996, and extended until from the decision is scheduled to take international carriers like COMSAT December 31, 1999 at 64 FR 2857, effect on November 1, 1999. more than it harms others.’’ January 19, 1999, is further extended Accordingly, in this Order, we adopt Accordingly, the court reversed and until December 31, 2000. modifications to our rules consistent remanded for further consideration the Dated: October 26, 1999. with those portions of the court’s Commission’s decision to assess the David J. Barram, decision concerning the assessment and international revenues of interstate Administrator of General Services. recovery of universal service carriers. [FR Doc. 99–28962 Filed 11–4–99; 8:45 am] contributions, and the Lifeline program. 4. With respect to the Commission’s BILLING CODE 6820±34±U These rule changes shall become methodology for assessing contributions effective on November 1, 1999. for the universal service support 2. This Order reflects our effort to mechanisms for schools and libraries, FEDERAL COMMUNICATIONS respond promptly to the court’s and rural health care providers, the COMMISSION forthcoming mandate. The actions we court found that the Commission had take are transitional in view of the exceeded its jurisdictional authority by 47 CFR Parts 54 and 69 limited time and data available to us in assessing contributions for those implementing the court’s mandate that programs based, in part, on the [CC Docket Nos. 96±45 and 96±262; FCC we change our rules and past practices intrastate revenues of universal service 99±290] by a specific date. In view of these contributors. Accordingly, the court Federal-State Joint Board on Universal constraints, our actions represent our reversed the Commission’s decision to Service Access Charge Reform best effort to take short-term action, include intrastate revenues in the subject to later refinement if necessary, contribution base for the schools and AGENCY: Federal Communications in order to assure compliance with the libraries, and rural health care support Commission. court’s mandate. mechanisms.
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5. The court also reversed the the contribution base the international telecommunications revenues. That Commission’s ‘‘decision to require end-user telecommunications revenues factor will be applied to individual [incumbent LECs] to recover universal of each interstate telecommunications contributors’ combined interstate and service contributions from their provider whose interstate end-user international end-user interstate access charges.’’ Finding that telecommunications revenues constitute telecommunications revenues to the Commission had ‘‘required’’ less than 8 percent of its combined calculate contributions for all of the incumbent LECs to recover their interstate and international end-user universal service support mechanisms. contributions from interstate access telecommunications revenues. Except The elimination of intrastate revenues charges, the court held that this for revenues excluded pursuant to from the contribution base will reduce requirement maintained an implicit revised § 54.706(c), the new the contributions of incumbent LECs. To subsidy in violation of section 254(e) of contribution base will consist of the extent an incumbent LEC is the Act. interstate providers’ interstate and recovering its universal service 6. Finally, the court reversed the international end-user contributions in interstate access Commission’s decision to prohibit telecommunications revenues. charges, it must file tariffs reducing its carriers eligible for universal service 9. Our rules provide that the access charges correspondingly. support from disconnecting Lifeline Commission will determine 11. In order to implement this change service to consumers who fail to pay toll contribution factors on a quarterly basis. by November 1, 1999, the effective date charges. The court held that the Because the court’s mandate will issue of the court’s mandate, the Common Commission lacked jurisdiction under on November 1, 1999, however, the Carrier Bureau (Bureau) is releasing the Act to impose this ‘‘no disconnect’’ Commission must establish contribution today a revised proposed fourth quarter requirement on carriers. factors in the middle of the quarter, to contribution factor that will be comply with the court’s decision. The applicable to carrier contributions for III. Response to the Fifth Circuit’s Commission’s rules permit us, on our November and December 1999. We Opinion own motion, to waive our rules for good direct USAC to calculate all contributor A. Procedural Response cause shown. Because it is necessary to bills for November and December 1999 7. On September 9, 1999, the issue new contribution factors before based on this revised fourth quarter Commission filed a motion to stay the the start of the next quarter in order to 1999 contribution factor. For the month court’s mandate, which had been comply with the judicial mandate, we of October 1999, USAC shall continue to scheduled to take effect on September find that good cause exists to waive bill contributors, and contributors shall 20, 1999. On September 13, 1999, the § 54.709(a) on this occasion to the extent continue making contributions to Commission, GTE, and AT&T each filed that it provides that contribution factors universal service, in accordance with petitions for rehearing with the court. will be adopted on a quarterly basis. In the Commission’s current contribution On September 28, 1999, the court addition, because of the need to revise rules. Providers that fail to contribute to denied all of the petitions for rehearing, our rules so that they will be in the universal service support and granted, in part, the Commission’s compliance with the mandate as of mechanisms in accordance with the motion for stay. In its order granting, in November 1, 1999, we find good cause Commission’s rules will be subject to part, the Commission’s motion for stay, to dispense with notice and comment enforcement action by the Commission. the court ordered its July 30, 1999 requirements that might otherwise 12. Limited International Revenues mandate to issue on November 1, 1999. apply, pursuant to the Administrative Exception. Consistent with the court’s ruling, we modify §§ 54.706 and 54.709 In light of the court’s September 28, Procedure Act, because those of our rules. A provider of interstate and 1999 rulings, the rule changes shall requirements are impracticable and international telecommunications shall become effective on November 1, 1999. contrary to the public interest. 10. Revised Fourth Quarter not be required to contribute based on B. Changes to the Commission’s Rules Contribution Factor. On September 10, its international end-user 1999, the Commission released telecommunications revenues if its 1. Single Contribution Base for proposed fourth quarter 1999 interstate end-user telecommunications Universal Service Support Mechanisms contribution factors, which USAC is revenues constitute less than 8 percent 8. Overview. In light of the court’s using to bill contributors for their of its combined interstate and ruling, we amend §§ 54.706 and 54.709 October 1999 contributions. Consistent international end-user of our rules to provide for a single with the Commission’s rules in effect on telecommunications revenues. This contribution base for purposes of that date, one of those contribution modification is consistent with the funding all of the universal service factors was calculated based on court’s ruling because it will exclude support mechanisms. Specifically, in contributors’ intrastate, interstate, and from the contribution base the response to the court’s determination international end-user international end-user that the Commission lacks jurisdiction telecommunications revenues for the telecommunications revenues of any to assess providers’ intrastate revenues, July 1998 through December 1998 telecommunications provider whose we have eliminated intrastate revenues period, as reported by contributors on annual contribution to the federal from the contribution base. Consistent the March 1999 Universal Service universal service support mechanisms, with the court’s ruling, we also Worksheet (FCC Form 457). In order to based on the provider’s interstate and reconsider the basis for assessing the comply with the Fifth Circuit’s decision, international end-user international revenues of interstate we must eliminate intrastate revenues telecommunications revenues, would providers. No party has challenged the from the contribution base. Eliminating exceed the amount of the provider’s Commission’s decision to include intrastate revenues from the new interstate end-user telecommunications international revenues generally. The contribution base will eliminate the revenues. We do not anticipate that the court, however, agreed with COMSAT’s need for two contribution factors. universal service contribution factor argument that our rules, as applied, are Specifically, our revised rules provide will exceed 8 percent in the near future. in some instances inequitable and for a single contribution factor that will Thus, this 8 percent rule ensures that a discriminatory. We modify §§ 54.706 be calculated based on contributors’ provider’s universal service and 54.709 of our rules to exclude from interstate and international end-user contribution will not exceed the amount
VerDate 29-OCT-99 10:18 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.XXX pfrm03 PsN: 05NOR1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Rules and Regulations 60351 of its interstate end-user had on Comsat and similarly situated certainty whether their interstate end- telecommunications revenues. carriers. In addition, we conclude that user telecommunications revenues 13. The operation of this rule is providers whose interstate revenues comprise 8 percent or more of their total demonstrated in the following example. account for a greater amount of their interstate and international end-user Assume a hypothetical provider with combined interstate and international telecommunications revenues and, thus, $100 of interstate and international end- revenues than the threshold adopted whether they must contribute on the user telecommunications revenues, here clearly receive a direct benefit from basis of their international end-user consisting of $5 of interstate revenues universal service insofar as their telecommunications revenues during and $95 of international revenues. Also domestic interstate business benefits the upcoming quarters in which their assume a contribution factor of 0.06, or from the expanded network that is reported revenues will be assessed. In 6 percent. In the absence of the 8 fostered by universal service. For these sum, the 8 percent rule allows the percent rule, the provider’s contribution providers, their interstate provider to make decisions based on the ($6) would exceed its interstate telecommunications services are not specific and predictable operation of the revenues ($5)—a result contrary to the merely ancillary to their provision of support mechanism. court’s ruling. Under our 8 percent rule, international telecommunications 18. As an alternative, we considered however, the provider’s interstate services. Accordingly, as direct creating an exception based not on a revenues ($5) are less than 8 percent of beneficiaries of an expanded domestic fixed percentage of a provider’s its combined interstate and network, such carriers reasonably interstate revenues, but instead on the international revenues and, therefore, should be required to contribute to relationship between a provider’s actual the provider is not required to universal service based on their contribution and the amount of its contribute on the basis of its combined interstate and international interstate revenues. Under this international revenues—a result revenues. alternative, a carrier would not consistent with the court’s ruling. The 16. Nondiscriminatory Requirement of contribute in a given quarter if its provider must still contribute, however, Section 254(d). The international contribution for the quarter exceeded its on the basis of its $5 of interstate revenues exception that we adopt here interstate end-user telecommunications revenues. This hypothetical is only for also addresses the court’s concerns revenues applicable to that quarter. purposes of illustration. Under existing regarding the potentially discriminatory While this approach would address the rules, if such a provider’s annual impact of our previous assessment equitable and nondiscriminatory contribution to universal service would methodology. As stated by the court, the requirements of section 254(d), we be less than $10,000 in a given year, the FCC’s interpretation is conclude that it does not meet the provider would not be required to ‘‘discriminatory,’’ because the agency specific and predictable requirements as submit a contribution for that year, see concedes that its rule damages some well as the 8 percent rule. If we were to § 54.708. international carriers like COMSAT base the international revenues 14. Equitable Requirement of Section more than it harms others. Any exception on the amount of a provider’s 254(d). We believe that the international competitive disparity claimed by contribution in relation to its interstate revenues exception adopted here is COMSAT or by similarly situated end-user telecommunications revenues, responsive to the court’s concerns carriers should be minimized as a result then the provider’s eligibility for the regarding the fairness of our assessment of the exception that we adopt today. exception would depend on the level of methodology in that it will permit a Specifically, such a provider of the quarterly contribution factor, which contributor that derives the substantial interstate and international varies from quarter to quarter. Providers majority of its revenues from the telecommunications shall not be with a percentage of interstate end-user provision of international services to required to contribute based on its telecommunications revenues close to calculate its contribution to universal international revenues if its interstate the contribution factor would not know service based solely on its domestic end-user telecommunications revenues with certainty whether they qualify for interstate revenues. We conclude that constitute less than 8 percent of its the exception until the contribution this exception further addresses the combined interstate and international factor is announced shortly before the court’s concerns by ensuring that a end-user telecommunications revenues. beginning of each quarter. Thus, this provider is not assessed a contribution Therefore, providers whose interstate approach is not as specific and in an amount exceeding that provider’s telecommunications services are merely predictable as the 8 percent rule, and we annual interstate end-user ancillary to their international decline to adopt it. telecommunications revenues. Because operations will not be in a worse 19. We also conclude that the 8 providers will receive a financial position than providers that, by virtue of percent rule meets section 254(d)’s benefit, overall, from providing their status as exclusively international requirement that universal service interstate service, we conclude that our providers, are not subject to the support mechanisms be sufficient. In revised rule is equitable. universal service contribution order to address the court’s concerns, 15. We decline to adopt a more requirements. any approach that we adopt must expansive exception than the rule 17. Specific, Predictable, and necessarily exclude a certain amount of adopted here or to exclude international Sufficient Requirement of Section international revenue from the revenues from the contribution 254(d). The limited international contribution base. The 8 percent rule requirement altogether in light of revenues exception that we adopt today excludes only slightly more section 254(d)’s mandate requiring all also meets the requirement in section international revenue from the interstate telecommunications providers 254(d) of the Act that universal service contribution base than would an to contribute without regard to whether support mechanisms be specific, approach that is tied directly to the level those providers’ revenues are interstate predictable, and sufficient. By setting of the quarterly contribution factor. or international. Moreover, nothing in the international exception at the Moreover, the relatively small amount the court’s decision suggests that the predetermined level of 8 percent, we of international revenue excluded from Commission’s decision to assess establish a bright-line rule for providers. the contribution base by the 8 percent international revenues is inconsistent As soon as providers prepare their rule should not dramatically affect the with the Act, outside of the impact it worksheets, they will know with level of the quarterly contribution factor
VerDate 29-OCT-99 15:39 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.XXX pfrm01 PsN: 05NOR1 60352 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Rules and Regulations or the ability of providers to meet their for July to December 1998 ($38.204 2. Recovery of Universal Service contribution obligations. Thus, we billion), as filed with the Commission Contributions by Incumbent Local conclude that the 8 percent rule will by USAC, should be reduced to $37.587 Exchange Carriers allow us to maintain universal service billion when calculating a contribution support mechanisms that are sufficient. 23. In Texas Office of Public Utility base using revenue data from that Counsel v. FCC, the court reversed the 20. Implementation of Limited period. In the event that our estimate of International Revenues Exception. Commission’s decision that incumbent the amount of international revenues LECs could only recover their universal Because providers currently report their excluded by operation of the limited interstate and international end-user service contributions through access international revenues exception proves telecommunications revenues as a charges, stating that: inaccurate once actual revenue data combined amount on the forcing GTE to recover its universal service Telecommunications Reporting become available, we direct USAC to contributions from its access charges * ** Worksheet (FCC Form 499), the adjust future revenue estimates and maintains an implicit subsidy. * ** Commission does not have revenue data future contributor bills to correct for any [R]equiring carriers to recover their for contributors that distinguish their inaccuracy in our estimate. contributions from access charges on interstate and international revenues. interstate calls shifts the costs of intrastate 22. To enable USAC to bill individual universal service to the interstate Although the worksheet that carriers carriers, each contributor that qualifies jurisdiction. will submit in April 2000 will be for the international revenues exception ** * Because the agency continues to revised to provide for separate reporting adopted in this Order must file with require implicit subsidies for ILECs in of contributors’ interstate and USAC an amendment to its March 1999 violation of a plain, direct statutory international revenues, two potential Form 457 and September 1999 Form command, we reverse its decision to require implementation problems arise in the 499–S worksheets within 30 days of the ILECs to recover universal service contributions from their interstate access interim with respect to our adoption of effective date of this Order, identifying the international revenues exception charges. the amount and percentages of the pending the issuance of a revised contributor’s interstate and international 24. The U.S. Court of Appeals for the Worksheet. First, without revenue data revenues. Only a contributor whose Eighth Circuit held in Southwestern Bell reflecting the amount of international Telephone Co. v. FCC that section 254(e) revenues that will be excluded from the interstate end-user telecommunications revenues constituted less than 8 percent does not preclude the Commission from contribution base pursuant to the permitting incumbent LECs to recover international revenues exception, the of the contributor’s combined interstate and international end-user universal service contributions through Commission cannot accurately calculate access charges. That court noted that telecommunications revenues in 1998 the revised contribution factor for the contribution costs are ‘‘real costs of should submit these forms. Until the fourth quarter of 1999. Second, without doing business’’ that carriers may pass revenue data separately identifying each Telecommunications Reporting through to customers that use their contributor’s interstate and international Worksheet (FCC Form 499–A, FCC Form services. Rather than requiring explicit revenues, USAC cannot determine 499–S) can be revised and approved by universal service support, section 254(e) which contributors qualify for the the Office of Management and Budget states that such support ‘‘should’’ be international revenues exception and, (OMB), we conclude that the interim explicit. Moreover, section 254(e) does therefore, cannot accurately bill procedure just described will provide a not address contributions to the individual contributors. To remedy reasonable estimate of the contribution universal service fund, but support these problems, this Order: (1) estimates base and allow individual contributors flowing from the fund. As the Eighth the amount of international revenues to obtain the benefit of the limited Circuit observed, ‘‘[t]he flow-through of that we anticipate will be excluded from international revenues exception with LEC universal service costs to its IXC the contribution base by operation of the minimal disruption to USAC’s billing, customers is akin to the flow-through of international revenues exception collection, and disbursement IXC universal service costs to its long- described; and (2) requires each operations. A revised worksheet that distance customers—neither can be contributor that qualifies for the categorized as an implicit subsidy in international revenues exception separately lists contributors’ interstate violation of section 254(e).’’ adopted in this Order to file an and international revenues will be made amendment to its March 1999 and available in time for filing of the April 25. The Fifth Circuit’s analysis of September 1999 worksheets within 30 2000 Worksheet (FCC Form 499–A). A section 254(e) can be harmonized with days of the effective date of this Order, contributor that qualifies for the the Eighth Circuit’s decision in identifying the amount and percentages international revenues exception shall Southwestern Bell. We believe that the of the contributor’s interstate and continue making its contributions to Fifth Circuit intended to hold only that international revenues. universal service in accordance with the section 254(e) barred the FCC from 21. The Common Carrier Bureau’s Commission’s current contribution rules requiring incumbent LECs to recover Industry Analysis Division has regarding the assessment of universal service contributions through estimated that, as a result of our international revenues until such time access charges. The Eighth Circuit, on adoption of the limited international as: (1) the contributor files the Form 457 the other hand, simply held that section revenues exception, approximately and Form 499–S amendments with 254(e) does not preclude the FCC from permitting incumbent LECs to recover $0.617 billion of international end-user USAC, and (2) the contributor has universal service contributions through telecommunications revenues will be received a bill or reimbursement from access charges. Thus, we read the Fifth excluded from the $38.204 billion of USAC in which USAC has adjusted the interstate and international end-user Circuit decision, consistent with the contributor’s payment obligation, telecommunications revenues Eighth Circuit’s decision, as permitting effective November 1, 1999, to take into previously reported for the second half incumbent LECs to adopt this method of of 1998. Thus, we direct that the amount account changes resulting from our cost recovery. of interstate and international end-user adoption of the 8 percent rule. 26. To comply with the Fifth Circuit’s telecommunications revenues reported order, we will expand incumbent LECs’
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No comments or petitions for their universal service contributions the Universal Service Order, only to the reconsideration in response to the from end-users remains necessary. extent that changes to that order IRFAs or FRFA, other than those Competition is not sufficient to adopted here require changes in the described, were filed and none of the constrain their rates and ensure that conclusions reached in the FRFA. As comments filed pertain to the issues they remain just and reasonable. We required by section 603 of the raised in the present Order. We have require any such recovery to be Regulatory Flexibility Act, the FRFA nonetheless addressed small business equitable and nondiscriminatory. was preceded by an Initial Regulatory concerns by giving incumbent LECs Incumbent LECs will thus be able to Flexibility Analysis (IRFA) incorporated greater flexibility in structuring their recover their contributions through in the Notice of Proposed Rulemaking recovery of universal service access charges or through end-user and Order Establishing the Joint Board contributions and by creating an charges. To the extent they choose to (NPRM), 61 FR 63778 (December 2, exception from the contribution implement an interstate end-user 1996), and an IRFA, prepared in requirements for certain providers of charge, however, incumbent LECs that connection with the Recommended international telecommunications are currently recovering their universal Decision, which sought written public services, as described in ‘‘Steps Taken service contributions in interstate access comment on the proposals in the NPRM to Minimize Significant Economic charges must make corresponding and the Recommended Decision. The Impact on Small Entities, and reductions in their interstate access Commission has prepared this Significant Alternatives Considered.’’ charges to avoid any double recovery. Supplemental Final Regulatory 3. Description and Estimate of Number Flexibility Analysis of the possible 3. Elimination of the ‘‘No Disconnect’’ of Small Entities to Which the Rules significant economic impact this Order May Apply Rule might have on small entities, in 27. Section 54.401(b) of the conformance with the RFA. 33. The RFA directs agencies to provide a description of and, where Commission’s rules prohibits carriers 1. Need for and Objectives of Rules eligible for universal service support feasible, an estimate of the number of small entities that may be affected by from disconnecting Lifeline service to 30. The decisions and rules adopted the new rules. The RFA generally consumers that fail to pay toll charges. in this Order are designed to implement defines the term ‘‘small entity’’ as In light of the court’s ruling that the as quickly and effectively as possible having the same meaning as the terms Commission does not have jurisdiction the court’s July 30, 1999 decision. In ‘‘small business,’’ ‘‘small organization,’’ under the Act impose this ‘‘no formulating these rules, we have been and ‘‘small governmental jurisdiction.’’ disconnect’’ rule, we amend part 54 of mindful of the impact of our rules on In addition, the term ‘‘small business’’ our rules to eliminate that provision. small business entities, particularly regarding their impact on (1) small has the same meaning as the term C. Authority Delegated to the Bureau international providers whose interstate ‘‘small business concern’’ under the 28. Pursuant to § 54.711(c) of the operations represent a modest amount Small Business Act. A small business concern is one that: (1) is independently Commission’s rules, the Bureau has of their combined interstate and owned and operated; (2) is not authority to waive, reduce, eliminate, or international revenues, and (2) small dominant in its field of operation; and add to the Commission’s universal incumbent local exchange carriers that (3) satisfies any additional criteria service reporting requirements. To the wish to recover their universal service established by the Small Business extent that the reporting requirements contributions from their end-user Administration (SBA). A small described in this Order require customers through an explicit interstate organization is generally ‘‘any not-for- subsequent modification, the Bureau end-user charge. profit enterprise which is independently has authority to make such 2. Summary of Significant Issues Raised owned and operated and is not modifications without further by the Public Comments to the IRFA dominant in its field.’’ Nationwide, as of Commission action. 31. The Commission performed an 1992, there were approximately 275,801 IV. Procedural Matters IRFA in connection with both the small organizations. And finally, ‘‘Small NPRM and Recommended Decision in governmental jurisdiction’’ generally A. Supplemental Final Regulatory this proceeding, which sought written means ‘‘governments of cities, counties, Flexibility Analysis public comment on the proposals in the towns, townships, villages, school 29. The Regulatory Flexibility Act NPRM and Recommended Decision. In districts, or special districts, with a (RFA) requires that a Regulatory the IRFAs, the Commission sought population of less than 50,000.’’ As of Flexibility Analysis be prepared for comment on possible exemptions from 1992, there were approximately 85,006 notice-and-comment rulemaking the proposed rules for small such jurisdictions in the United States. proceedings, unless the agency certifies telecommunications companies and This number includes 38,978 counties, that ‘‘the rule will not, if promulgated, measures to avoid significant economic cities, and towns; of these, 37,566, or 96 have a significant impact on a impact on small entities, as defined by percent, have populations of fewer than substantial number of small entities.’’ the RFA. No comments in response to 50,000. The Census Bureau estimates The RFA generally defines ‘‘small the IRFAs, other than those summarized that this ratio is approximately accurate entity’’ as having the same meaning as in the Universal Service Order, were for all governmental entities. Thus, of the terms ‘‘small business,’’ ‘‘small filed. In response to the FRFA contained the 85,006 governmental entities, we organization,’’ and ‘‘small governmental in the Universal Service Order, RTC estimate that 81,600 (91 percent) are jurisdiction.’’ A small organization is argued that the Commission did not small entities. In this Order, the
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Commission stated that the new rules 37. Total Number of Telephone definition of small local exchange will affect all providers of interstate Companies Affected. The United States carriers (LECs), interexchange carriers telecommunications and interstate Bureau of the Census (‘‘the Census (IXCs), competitive access providers telecommunications services. We Bureau’’) reports that, at the end of (CAPs), operator service providers further describe and estimate the 1992, there were 3,497 firms engaged in (OSPs), or resellers. The closest number of small business concerns that providing telephone services, as defined applicable definition for these carrier- may be affected by the rules adopted in therein, for at least one year. This types under SBA rules is for telephone this Order. number contains a variety of different communications companies other than 34. As noted, under the Small categories of carriers, including local radiotelephone (wireless) companies. Business Act, a ‘‘small business exchange carriers, interexchange The most reliable source of information concern’’ is one that: (1) is carriers, competitive access providers, regarding the number of these carriers independently owned and operated; (2) cellular carriers, mobile service carriers, nationwide of which we are aware is not dominant in its field of operation; operator service providers, pay appears to be the data that we collect and (3) meets any additional criteria telephone operators, PCS providers, annually in connection with the established by the Small Business covered SMR providers, and resellers. It Telecommunications Relay Service Administration (SBA). The SBA has seems certain that some of those 3,497 (TRS). According to our most recent defined a small business for Standard telephone service firms may not qualify data, there are 1,410 LECs, 151 IXCs, Industrial Classification (SIC) categories as small entities or small incumbent 129 CAPs, 32 OSPs, and 351 resellers. 4812 (Radiotelephone Communications) LECs because they are not Although it seems certain that some of and 4813 (Telephone Communications, ‘‘independently owned and operated.’’ these carriers are not independently Except Radiotelephone) to be small For example, a PCS provider that is owned and operated, or have more than entities when they have no more than affiliated with an interexchange carrier 1,500 employees, we are unable at this 1,500 employees. We first discuss the having more than 1,500 employees time to estimate with greater precision number of small telephone companies would not meet the definition of a small the number of these carriers that would falling within these SIC categories, then business. It seems reasonable to qualify as small business concerns attempt to refine further those estimates conclude, therefore, that fewer than under SBA’s definition. Consequently, to correspond with the categories of 3,497 telephone service firms are small we estimate that there are fewer than telecommunications companies that are entity telephone service firms or small 1,410 small entity LECs or small commonly used under our rules. incumbent LECs that may be affected by incumbent LECs, 151 IXCs, 129 CAPs, 35. The most reliable source of the decisions and rules in this Order. 32 OSPs, and 351 resellers that may be information regarding the total numbers 38. Wireline Carriers and Service affected by the decisions and rules in of common carrier and related providers Providers. SBA has developed a the order and order on reconsideration. nationwide, including the numbers of definition of small entities for telephone 40. Wireless (Radiotelephone) commercial wireless entities, appears to communications companies other than Carriers. SBA has developed a be data the Commission publishes radiotelephone companies. The Census definition of small entities for annually in its Carrier Locator report, Bureau reports that, there were 2,321 radiotelephone (wireless) companies. derived from filings made in connection such telephone companies in operation The Census Bureau reports that there with the Telecommunications Relay for at least one year at the end of 1992. were 1,176 such companies in operation Service (TRS). According to data in the According to SBA’s definition, a small for at least one year at the end of 1992. most recent report, there are 3,604 business telephone company other than According to SBA’s definition, a small interstate carriers. These carriers a radiotelephone company is one business radiotelephone company is one include, inter alia, local exchange employing no more than 1,500 persons. employing no more than 1,500 persons. carriers, wireline carriers and service All but 26 of the 2,321 non- The Census Bureau also reported that providers, interexchange carriers, radiotelephone companies listed by the 1,164 of those radiotelephone competitive access providers, operator Census Bureau were reported to have companies had fewer than 1,000 service providers, pay telephone fewer than 1,000 employees. Thus, even employees. Thus, even if all of the operators, providers of telephone toll if all 26 of those companies had more remaining 12 companies had more than service, providers of telephone than 1,500 employees, there would still 1,500 employees, there would still be exchange service, and resellers. be 2,295 non-radiotelephone companies 1,164 radiotelephone companies that 36. We have included small that might qualify as small entities or might qualify as small entities if they incumbent LECs in this present RFA small incumbent LECs. Although it are independently owned and operated. analysis. As noted, a ‘‘small business’’ seems certain that some of these carriers Although it seems certain that some of under the RFA is one that, inter alia, are not independently owned and these carriers are not independently meets the pertinent small business size operated, we are unable at this time to owned and operated, we are unable at standard (e.g., a telephone estimate with greater precision the this time to estimate with greater communications business having 1,500 number of wireline carriers and service precision the number of radiotelephone or fewer employees), and ‘‘is not providers that would qualify as small carriers and service providers that dominant in its field of operation.’’ The business concerns under SBA’s would qualify as small business SBA’s Office of Advocacy contends that, definition. Consequently, we estimate concerns under SBA’s definition. for RFA purposes, small incumbent that there are fewer than 2,295 small Consequently, we estimate that there are LECs are not dominant in their field of entity telephone communications fewer than 1,164 small entity operation because any such dominance companies other than radiotelephone radiotelephone companies that may be is not ‘‘national’’ in scope. We have companies that may be affected by the affected by the decisions and rules in therefore included small incumbent decisions and rules in this Order. this Order. LECs in this RFA analysis, although we 39. Local Exchange Carriers, 41. Cellular, PCS, SMR and Other emphasize that this RFA action has no Interexchange Carriers, Competitive Mobile Service Providers. In an effort to effect on Commission analyses and Access Providers, Operator Service further refine our calculation of the determinations in other non-RFA Providers, and Resellers. Neither the number of radiotelephone companies contexts. Commission nor SBA has developed a that may be affected by the rules
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Neither the Block bidders and the 93 qualifying are approximately 1,515 such non- Commission nor the SBA has developed bidders in the D, E, and F blocks, for a nationwide licensees and four a definition of small entities specifically total of 183 small PCS providers as nationwide licensees currently applicable to these broad subcategories, defined by SBA and the Commissioner’s authorized to operate in the 220 MHz so we will utilize the closest applicable auction rules. band. The Commission has not definition under SBA rules—which, for 43. SMR Licensees. Pursuant to 47 developed a definition of small entities both categories, is for telephone CFR 90.814(b)(1), the Commission has specifically applicable to such companies other than radiotelephone defined ‘‘small entity’’ in auctions for incumbent 220 MHz Phase I licensees. (wireless) companies. To the extent that geographic area 800 MHz and 900 MHz To estimate the number of such the Commission has adopted definitions SMR licenses as a firm that had average licensees that are small businesses, we for small entities providing PCS and annual gross revenues of less than $15 apply the definition under the SBA SMR services. According to our most million in the three previous calendar rules applicable to Radiotelephone recent TRS data, 732 companies years. The definition of a ‘‘small entity’’ Communications companies. According reported that they are engaged in the in the context of 800 MHz SMR has to the Bureau of the Census, only 12 provision of Wireless Telephony been approved by the SBA, and radiotelephone firms out of a total of services and 23 companies reported that approval for the 900 MHz SMR 1,178 such firms which operated during they are engaged in the provision of definition has been sought. The rules 1992 had 1,000 or more employees. Other Mobile Services. Although it may apply to SMR providers in the 800 Therefore, if this general ratio continues seems certain that some of these carriers MHz and 900 MHz bands that either to 1999 in the context of Phase I 220 are not independently owned and hold geographic area licenses or have MHz licensees, we estimate that nearly operated, or have more than 1,500 obtained extended implementation all such licensees are small businesses employees, we are unable at this time to authorizations. We do not know how under the SBA’s definition. many firms provide 800 MHz or 900 estimate with greater precision the 46. 220 MHz Radio Service—Phase II MHz geographic area SMR service number of Wireless Telephony Licensees. The Phase II 220 MHz service Providers and Other Mobile Service pursuant to extended implementation authorizations, nor how many of these is a new service, and is subject to Providers, except as described, that spectrum auctions. In the 220 MHz would qualify as small business providers have annual revenues of less than $15 million. Consequently, we Third Report and Order, 62 FR 16004 concerns under SBA’s definition. (April 3, 1997), we adopted criteria for Consequently, we estimate that there are estimate, for purposes of this IRFA, that all of the extended implementation defining small businesses and very fewer than 732 small entity Wireless small businesses for purposes of Telephony Providers and fewer than 23 authorizations may be held by small entities, some of which may be affected determining their eligibility for special small entity Other Mobile Service provisions such as bidding credits and Providers that might be affected by the by the decisions and rules in this Order. 44. The Commission recently held installment payments. We have defined decisions and rules in this Order. auctions for geographic area licenses in a small business as an entity that, 42. Broadband PCS Licensees. The the 900 MHz SMR band. There were 60 together with its affiliates and broadband PCS spectrum is divided into winning bidders who qualified as small controlling principals, has average gross six frequency blocks designated A entities in the 900 MHz auction. Based revenues not exceeding $15 million for through F, and the Commission has held on this information, we estimate that the the preceding three years. Additionally, auctions for each block. The number of geographic area SMR a very small business is defined as an Commission defined ‘‘small entity’’ for licensees that may be affected by the entity that, together with its affiliates Blocks C and F as an entity that has decisions and rules in the order and and controlling principals, has average average gross revenues of less than $40 order on reconsideration includes these gross revenues that are not more than $3 million in the three previous calendar 60 small entities. No auctions have been million for the preceding three years. years. For Block F, an additional held for 800 MHz geographic area SMR An auction of Phase II licenses classification for ‘‘very small business’’ licenses. Therefore, no small entities commenced on September 15, 1998, and was added, and is defined as an entity currently hold these licenses. A total of closed on October 22, 1998. 908 licenses that, together with its affiliates, has 525 licenses will be awarded for the were auctioned in 3 different-sized average gross revenues of not more than upper 200 channels in the 800 MHz geographic areas: three nationwide $15 million for the preceding three geographic area SMR auction. The licenses, 30 Regional Economic Area calendar years. These regulations Commission, however, has not yet Group Licenses, and 875 Economic Area defining ‘‘small entity’’ in the context of determined how many licenses will be (EA) Licenses. Of the 908 licenses broadband PCS auctions have been awarded for the lower 230 channels in auctioned, 693 were sold. Companies approved by SBA. No small businesses the 800 MHz geographic area SMR claiming small business status won: one within the SBA-approved definition bid auction. There is no basis, moreover, on of the Nationwide licenses, 67% of the successfully for licenses in Blocks A which to estimate how many small Regional licenses, and 54% of the EA and B. There were 90 winning bidders entities will win these licenses. Given licenses. As of January 22, 1999, the that qualified as small entities in the that nearly all radiotelephone Commission announced that it was Block C auctions. A total of 93 small companies have fewer than 1,000 prepared to grant 654 of the Phase II and very small business bidders won employees and that no reliable estimate licenses won at auction. A reauction of approximately 40% of the 1,479 licenses of the number of prospective 800 MHz the remaining, unsold licenses was for Blocks D, E, and F. However, licensees can be made, we estimate, for completed on June 30, 1999, with 16 licenses for Blocks C through F have not purposes of this IRFA, that all of the bidders winning 222 of the Phase II been awarded fully, therefore there are licenses may be awarded to small licenses. As a result, we estimate that 16
VerDate 29-OCT-99 10:18 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.XXX pfrm03 PsN: 05NOR1 60356 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Rules and Regulations or fewer of these final winning bidders definition of small entity specific to the broadcast auxiliary radio services. At are small or very small businesses. Rural Radiotelephone Service. A present, there are approximately 22,015 47. Paging. On June 7, 1999, the significant subset of the Rural common carrier fixed licensees in the Wireless Telecommunications Bureau Radiotelephone Service is the Basic microwave services. The Commission announced the first in a series of Exchange Telephone Radio Systems has not yet defined a small business auctions of paging licenses, the first to (BETRS). We will use the SBA’s with respect to microwave services. For commence on December 7, 1999. The definition applicable to radiotelephone purposes of this IRFA, we will utilize Bureau has proposed that the first companies, i.e., an entity employing no the SBA’s definition applicable to auction be composed of 2,499 licenses. more than 1,500 persons. There are radiotelephone companies—i.e., an The Commission utilizes a two-tiered approximately 1,000 licensees in the entity with no more than 1,500 persons. definition of small businesses in the Rural Radiotelephone Service, and we We estimate, for this purpose, that all of context of auctioning licenses in the estimate that almost all of them qualify the Fixed Microwave licensees Common Carrier Paging and exclusive as small entities under the SBA’s (excluding broadcast auxiliary Private Carrier Paging services. A small definition. licensees) would qualify as small business is defined as either (1) an 50. Air-Ground Radiotelephone entities under the SBA definition for entity that, together with its affiliates Service. The Commission has not radiotelephone companies. and controlling principals, has average adopted a definition of small entity 53. Offshore Radiotelephone Service. gross revenues for the three preceding specific to the Air-Ground This service operates on several UHF years of not more than $3 million, or (2) Radiotelephone Service. Accordingly, TV broadcast channels that are not used an entity that, together with affiliates we will use the SBA’s definition for TV broadcasting in the coastal area and controlling principals, has average applicable to radiotelephone companies, of the states bordering the Gulf of gross revenues for the three preceding i.e., an entity employing no more than Mexico. At present, there are calendar years of not more than $15 1,500 persons. There are approximately approximately 55 licensees in this million. The SBA has approved this 100 licensees in the Air-Ground service. We are unable at this time to definition. At present, there are Radiotelephone Service, and we estimate the number of licensees that approximately 24,000 Private Paging estimate that almost all of them qualify would qualify as small entities under licenses and 74,000 Common Carrier as small entities under the SBA the SBA’s definition for radiotelephone Paging licenses. In addition, according definition. communications. to the most recent Carrier Locator data, 51. Private Land Mobile Radio 54. Wireless Communications 137 carriers reported that they were (PLMR). PLMR systems, also known as Services. This service can be used for engaged in the provision of either Private Mobile Radio Service (PMRS) fixed, mobile, radio location and digital paging or messaging services, which are systems, serve an essential role in a audio broadcasting satellite uses. The placed together in the data. Because the range of industrial, business, land Commission defined ‘‘small business’’ auction has yet to occur, we do not have transportation, and public safety for the wireless communications data specifying the number of winning activities. These radios are used by services (WCS) auction as an entity with bidders that will meet the above small companies of all sizes operating in all average gross revenues of $40 million business definition. Also, we will U.S. business categories. The for each of the three preceding years, assume that there currently are 137 or Commission has not developed a and a ‘‘very small business’’ as an entity fewer small business paging carriers. definition of small entity specifically with average gross revenues of $15 48. Narrowband PCS. The applicable to PLMR licensees due to the million for each of the three preceding Commission has auctioned nationwide vast array of PLMR users. For the years. The Commission auctioned and regional licenses for narrowband purpose of determining whether a geographic area licenses in the WCS PCS. There are 11 nationwide and 30 licensee is a small business as defined service. In the auction, there were seven regional licensees for narrowband PCS. by the SBA, each licensee would need winning bidders that qualified as very The Commission does not have to be evaluated within its own business small business entities, and one that sufficient information to determine area. The Commission is unable at this qualified as a small business entity. We whether any of these licensees are small time to estimate the number of, if any, conclude that the number of geographic businesses within the SBA-approved small businesses that could be impacted area WCS licensees that may be affected definition for radiotelephone by the new rules. However, the by the decisions and rules in this Order companies. At present, there have been Commission’s 1994 Annual Report on includes these eight entities. no auctions held for the major trading PLMRs indicates that at the end of fiscal 55. Multipoint Distribution Systems area (MTA) and basic trading area (BTA) year 1994 there were 1,087,267 (MDS): The Commission has defined narrowband PCS licenses. The licensees operating 12,481,989 ‘‘small entity’’ for the auction of MDS as Commission anticipates a total of 561 transmitters in the PLMR bands below an entity that, together with its affiliates, MTA licenses and 2,958 BTA licenses 512 MHz. Because any entity engaged in has average gross annual revenues that will be awarded by auction. Such a commercial activity is eligible to hold are not more than $40 million for the auctions have not yet been scheduled, a PLMR license, the rules in this context preceding three calendar years. This however. Given that nearly all could potentially impact any small U.S. definition of a small entity in the radiotelephone companies have no more business that chooses to become context of MDS auctions has been than 1,500 employees and that no licensed in this service. On July 21, approved by the SBA. The Commission reliable estimate of the number of 1999, the Wireless Telecommunications completed its MDS auction in March prospective MTA and BTA narrowband Bureau requested public comment on 1996 for authorizations in 493 basic licensees can be made, we assume, for whether the licensing of PMRS trading areas (BTAs). Of 67 winning purposes of this IRFA, that all of the frequencies in the 800 MHz band for bidders, 61 qualified as small entities. licenses will be awarded to small commercial SMR use would serve the 56. MDS is also heavily encumbered entities, as that term is defined by the public interest. with licensees of stations authorized SBA. 52. Fixed Microwave Services. prior to the auction. The SBA has 49. Rural Radiotelephone Service. The Microwave services include common developed a definition of small entities Commission has not adopted a carrier, private-operational fixed, and for pay television services, which
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Information available significant new reporting requirements incumbent LECs are in large measure to us indicates that there are 832 of on small carriers. voluntary, and insofar as carriers, these licensees and operators that do not 59. In light of the court’s including small carriers, are given no generate revenue in excess of $11 determination that the Commission may deadlines for implementing such million annually. Therefore, for not require incumbent LECs to recover changes, we conclude the compliance purposes of this IRFA, we find there are the cost of their universal service requirements adopted in this Order will approximately 892 small MDS providers contributions through interstate access not be unduly burdensome on small as defined by the SBA and the charges, we give incumbent LECs carriers. Commission’s auction rules, some flexibility in the manner in which they which may be affected by the decisions recover their universal service 6. Report to Congress and rules in this Order. contributions. For those that elect to 62. The Commission will send a copy 57. International Service Providers. continue recovering their contributions of this Order, including the The Commission has not developed a through interstate access charges, no Supplemental Final Regulatory definition of small entities applicable to additional requirements are imposed by Flexibility Analysis, in a report to be licensees in the international services. this Order. For those that elect to sent to Congress pursuant to the Small Therefore, the applicable definition of recover their contributions through an Business Regulatory Enforcement small entity is the definition under the explicit end-user charge, this Order Fairness Act of 1996. A summary of the SBA rules applicable to requires such carriers to take steps to rules adopted in this Order and this Communications Services, Not make corresponding reductions in their Supplemental Final Regulatory Elsewhere Classified (NEC). This interstate access charges to avoid double Flexibility Analysis will also be definition provides that a small entity is recovery. published in the Federal Register, and expressed as one with $11 million or 5. Steps Taken to Minimize Significant will be sent to the Chief Counsel for less in annual receipts. According to the Economic Impact on Small Entities, and Advocacy of the Small Business Census Bureau, there were a total of 848 Significant Alternatives Considered Administration. communications services, NEC in operation in 1992, and a total of 775 had 60. In this Order, we have taken B. Effective Date of Final Rules annual receipts of less than $9.999 several steps to minimize the economic 63. In this Order, the Commission million. We note that those entities impact of our Part 54 rule changes on amends its rules to implement the providing only international service will all carriers, including small carriers. For court’s July 30, 1999 mandate with not be affected by our revised rules. We example, in response to the court’s respect to the assessment and recovery do not, however, have sufficient data to concern that our contribution of universal service contributions. estimate with greater detail those requirement, as applied to certain small Consistent with the court’s September providing both international and providers, was unduly burdensome, we 28, 1999 rulings, we make this Order interstate services. Consequently, we have sought to reduce the contribution and the rule changes adopted herein estimate that there are fewer than 775 obligation of providers, many of which effective on November 1, 1999. The small international service entities are small entities, whose interstate court’s directive that its July 30, 1999 potentially impacted by our rules. operations represent a modest amount mandate will issue on November 1, of their combined interstate and 4. Description of Projected Reporting, 1999 provides good cause to depart in international revenues. We take this the manner described from the general Recordkeeping, and Other Compliance action in response to the court’s Requirements requirement of 5 U.S.C. 553(d) that final concerns and to help primarily rules take effect not less than thirty (30) 58. In this Order, we adopt revisions international providers with a small days after their publication in the to Part 54 that are responsive to the portion of interstate business to compete Federal Register. The information court’s July 30, 1999 ruling. In response on a more equal footing with collections contained in this Order was to the court’s concern that our international providers that, by virtue of approved by OMB under control assessment rules were unduly their status as exclusively international number 3060–0907. burdensome as applied to small carriers, are not subject to the universal providers whose interstate operations service contribution requirements. V. Ordering Clauses represent a modest amount of their 61. In light of the court’s 64. Accordingly, it is ordered that, combined interstate and international determination that the Commission may pursuant to the authority contained in revenues, we modify our rules to create not require incumbent LECs to recover sections 1–4, 201, 205, 218–220, 254, an exception from the contribution the cost of their universal service 303(r), 403, and 410 of the requirements for certain providers of contributions through interstate access Communications Act of 1934, as international telecommunications charges, we give incumbent LECs amended, 47 U.S.C. 151–154, 201–205, services. In doing so, we have asked flexibility in the manner in which they 218–220, 254, 303(r), 403, 410, the providers claiming entitlement to this recover their universal service Sixteenth Order on Reconsideration in exception to prepare and submit to contributions. For those that elect to CC Docket No. 96–45 is adopted. USAC two short forms amending their continue recovering their contributions 65. The Eighth Report and Order in two most recently filed Worksheets. through interstate access charges, no CC Docket No. 96–45 is adopted. Those forms ask contributors claiming additional requirements are imposed by 65. The Sixth Report and Order in CC entitlement to the exception to this Order. For those that elect to Docket No. 96–262 is adopted. separately list their interstate and recover their contributions through an 67. Parts 54 and 69 of the international revenues. To the extent explicit end-user charge, this Order Commission’s Rules, 47 CFR Parts 54
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For each quarter, the pursuant to 47 CFR 0.291 and 54.711(c) cost areas, low-income consumers, Administrator must submit its to modify, or require the filing of, any schools and libraries, and rural health projections of demand for the federal forms that are necessary to implement care providers based only on such universal service support mechanisms the decisions and rules adopted in this entity’s interstate end-user for high-cost areas, low-income Order and that are required to ensure telecommunications revenues. For consumers, schools and libraries, and the sound and efficient functioning of purposes of this paragraph, an ‘‘entity’’ rural health care providers, respectively, the universal service support shall refer to the entity that is subject to and the basis for those projections, to mechanisms. the universal service reporting the Commission and the Common 69. The Commission’s Office of Public requirements in 47 CFR 54.711 and Carrier Bureau at least sixty (60) Affairs, Reference Operations Division, shall include all of that entity’s calendar days prior to the start of that shall send a copy of this Order, affiliated providers of quarter. For each quarter, the including the Supplemental Final telecommunications services. Administrator must submit its Regulatory Flexibility Analysis, to the (d) Entities providing open video projections of administrative expenses Chief Counsel for Advocacy of the Small systems (OVS), cable leased access, or for the high-cost mechanism, the low- Business Administration. direct broadcast satellite (DBS) services income mechanism, the schools and libraries mechanism and the rural List of Subjects are not required to contribute on the basis of revenues derived from those health care mechanism and the basis for 47 CFR Part 54 services. The following entities will not those projections to the Commission Universal service. be required to contribute to universal and the Common Carrier Bureau at least service: non-profit health care sixty (60) calendar days prior to the start 47 CFR Part 69 providers; broadcasters; systems of that quarter. Based on data submitted Communications common carrier. integrators that derive less than five to the Administrator on the Telecommunications Reporting Federal Communications Commission. percent of their systems integration revenues from the resale of Worksheets, the Administrator must Magalie Roman Salas, telecommunications. submit the total contribution base to the Secretary. 4. Amend § 54.709 by revising Common Carrier Bureau at least sixty Rule Changes paragraph (a) to read as follows: (60) days before the start of each quarter. The projections of demand and Parts 54 and 69 of Title 47 of the Code § 54.709 Computations of required administrative expenses and the of Federal Regulations is amended to contributions to universal service support contribution factor shall be announced read as follows: mechanisms. by the Commission in a public notice (a) Contributions to the universal PART 54ÐUNIVERSAL SERVICE and shall be made available on the service support mechanisms shall be Commission’s website. The Commission 1. The authority citation for part 54 based on contributors’ end-user reserves the right to set projections of continues to read as follows: telecommunications revenues and a demand and administrative expenses at contribution factor determined quarterly amounts that the Commission Authority: 47 U.S.C. 1, 4(i), 201, 214, and by the Commission. 254 unless otherwise noted. determines will serve the public interest (1) For funding the federal universal at any time within the fourteen-day § 54.401 [Amended]. service support mechanisms, the subject period following release of the 2. In § 54.401, remove and reserve revenues will be contributors’ interstate Commission’s public notice. If the paragraph (b). and international revenues derived from Commission takes no action within 3. Amend § 54.706 by revising domestic end users for fourteen (14) days of the date of release paragraphs (b) and (c) and adding telecommunications or of the public notice announcing the paragraph (d) to read as follows: telecommunications services. projections of demand and (2) The quarterly universal service § 54.706 Contributions. administrative expenses, the projections contribution factor shall be determined of demand and administrative expenses, * * * * * by the Commission based on the ratio of and the contribution factor shall be (b) Except as provided in paragraph total projected quarterly expenses of the deemed approved by the Commission. (c) of this section, every universal service support mechanisms Except as provided in § 54.706(c), the telecommunications carrier that to total end-user interstate and Administrator shall apply the quarterly provides interstate telecommunications international telecommunications contribution factor, once approved by services, every provider of interstate revenues. The Commission shall the Commission, to contributors’ telecommunications that offers approve the Administrator’s quarterly interstate and international end-user telecommunications for a fee on a non- projected costs of the universal service telecommunications revenues to common carrier basis, and every support mechanisms, taking into calculate the amount of individual payphone provider that is an aggregator account demand for support and contributions. shall contribute to the federal universal administrative expenses. The total service support mechanisms on the subject revenues shall be compiled by * * * * * basis of its interstate and international the Administrator based on information PART 69ÐACCESS CHARGES end-user telecommunications revenues. contained in the Telecommunications (c) Any entity required to contribute Reporting Worksheets described in 5. The authority citation for part 69 to the federal universal service support § 54.711(a). continues to read as follows: mechanisms whose interstate end-user (3) Total projected expenses for the Authority: 47 U.S.C. 154, 201, 202, 203, telecommunications revenues comprise federal universal service support 205, 218, 220, 254, 403 unless otherwise less than 8 percent of its combined mechanisms for each quarter must be noted.
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6. Amend § 69.4 by adding paragraph DEPARTMENT OF COMMERCE Framework Adjustment 11 to the (d) to read as follows: Atlantic Sea Scallop Fishery National Oceanic and Atmospheric Management Plan (FMP) and § 69.4 Charges to be filed. Administration Framework Adjustment 29 to the * * * * * Northeast Multispecies FMP (64 FR 50 CFR Part 648 (d) Recovery of Contributions to the 31144). This rule, which allows sea Universal Service Support Mechanisms [Docket No. 990527146±9146±01; I.D. scallop dredge vessels access to the by Incumbent Local Exchange Carriers. 110199B] Exemption Program area contains a provision to ensure that the yellowtail (1) Incumbent local exchange carriers Fisheries of the Northeastern United flounder bycatch/incidental catch may recover their contributions to the States; Atlantic Sea Scallop and remains within the 387 MT total universal service support mechanisms Northeast Multispecies Fisheries; allowable catch (TAC) level established through carriers’ carrier charges. Georges Bank Sea Scallop Exemption for this fishery. Section 648.58(f)(2) (i) Price cap incumbent local Program specifies that this mechanism is triggered when the Regional exchange carriers may do so by AGENCY: National Marine Fisheries exogenously adjusting the price cap Service (NMFS), National Oceanic and Administrator projects that 387 MT will indices of each basket on the basis of Atmospheric Administration (NOAA), be caught. Further, this section relative end-user revenues. Commerce. stipulates that NMFS will publish notification in the Federal Register (ii) Non-price cap incumbent local ACTION: Termination of the Georges informing the public of the date of the exchange carriers may do so by applying Bank Sea Scallop Exemption Program. termination of the Exemption Program. a factor to their carrier common line SUMMARY: Based on an analysis of information charge revenue requirements. NMFS issues this announcement that the Regional obtained through vessel observer (2)(i) In lieu of the carriers’ carrier Administrator, Northeast Regional reports, the Regional Administrator has charges described in paragraph (d)(1), Office, NMFS (Regional Administrator), determined that 387 MT was reached on incumbent local exchange carriers may has determined that the 387 metric tons November 2, 1999. Vessels may not recover their contributions to the (MT) of the total allowable catch (TAC) declare and begin an Exemption universal service support mechanisms of yellowtail flounder allowed in the Program trip after midnight (local time), through explicit, interstate, end-user Georges Bank Sea Scallop Exemption November 2, 1999. Therefore, vessels charges that are equitable and Program (Exemption Program) has been will no longer be allowed to elect to fish nondiscriminatory. projected to be caught as of 0001 hours in the Exemption Program through their Vessel Monitoring System units after (ii) To the extent that incumbent local (local time), November 2, 1999, and entry into the Exemption Program is midnight (local time), November 2, exchange carriers choose to implement 1999. Vessels enrolled in the Exemption explicit, interstate, end-user charges to terminated. Vessels may not declare and begin an Exemption Program trip after Program will be required to complete recover their contributions to the midnight (local time), November 2, their trip by November 12, 1999, or universal service support mechanisms, 1999. Vessels enrolled in the Exemption when the vessel harvests 10,000 lb they must make corresponding Program will be required to complete (4,536.0 kg) of sea scallop meats, reductions in their access charges to their trip by November 12, 1999 or whichever comes first. The entire avoid any double recovery. when the vessel harvests 10,000 lb exemption area remains closed to vessels not enrolled in the Exemption § 69.5 [Amended] (4,536.0 kg) of sea scallop meats, whichever comes first. The entire Program until midnight (local time), 7. In § 69.5, remove and reserve exemption area remains closed to November 12, 1999. paragraph (d). vessels not enrolled in the Exemption Classification [FR Doc. 99–28964 Filed 11–4–99; 8:45 am] Program until midnight (local time), November 12, 1999. This action is required by 50 CFR part BILLING CODE 6712±01±U 648 and is exempt from review under DATES: The Georges Bank Sea Scallop E.O. 12866. Exemption Program is terminated on November 2, 1999. Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: Dated: November 2, 1999. Walter J. Gardiner, Fishery Management Gary C. Matlock, Specialist, (978) 281–9326. Director, Office of Sustainable Fisheries, SUPPLEMENTARY INFORMATION: On June National Marine Fisheries Service. 10, 1999, NMFS published a final rule [FR Doc. 99–29025 Filed 11–2–99; 4:42 pm] to implement measures contained in BILLING CODE 3510±22±F
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Proposed Rules Federal Register Vol. 64, No. 214
Friday, November 5, 1999
This section of the FEDERAL REGISTER the commenter. Additional information less than the usual or normal charge. 11 contains notices to the public of the proposed on electronic submission is provided CFR 100.7(a)(1)(iii). The term issuance of rules and regulations. The below. ‘‘contribution’’ also includes ‘‘the purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: payment by any person of compensation persons an opportunity to participate in the for the personal services of another rule making prior to the adoption of the final Rosemary C. Smith, Acting Assistant rules. General Counsel, or Paul Sanford, Staff person which are rendered to a political Attorney, 999 E Street, N.W., committee without charge for any Washington, D.C. 20463, (202) 694–1650 purpose.’’ 2 U.S.C. 431(8)(A)(ii), 11 CFR FEDERAL ELECTION COMMISSION or (800) 424–9530. 100.7(a)(3). SUPPLEMENTARY INFORMATION: In recent Similarly, section 431(9) states that 11 CFR Parts 100, 102, 103, 104, 106, years, there has been a dramatic the term ‘‘expenditure’’ includes ‘‘any 107, 109, 110, 114, and 116 increase in the use of the Internet to purchase, payment, distribution, loan, [Notice 1999Ð24] conduct campaign activity related to advance, deposit, or gift of money or federal elections. Candidates, parties anything of value, made by any person Use of the Internet for Campaign and political action committees for the purpose of influencing any Activity (‘‘PACs’’) have apparently concluded election for Federal office.’’ 2 U.S.C. that the Internet is a powerful campaign 431(9)(A), 11 CFR 100.8(a). In-kind AGENCY: Federal Election Commission. tool with the potential to significantly contributions are also expenditures. 11 ACTION: Notice of inquiry and request for influence the outcome of federal CFR 100.8(a)(1)(iv). comments. elections. Individuals and other Section 441b of the Act generally organizations have also used the prohibits contributions and SUMMARY: The Commission is currently Internet to participate directly in expenditures by corporations and labor examining the issues raised by the use election campaigns, taking advantage of organizations, and states that, for the of the Internet to conduct campaign the medium’s capacity to reach large purposes of this prohibition, the term activity. The Commission is conducting numbers of people at very little cost. ‘‘contribution or expenditure’’ includes this review in order to assess the The dramatic increase in campaign any direct or indirect payment, applicability of the Federal Election activity conducted on the Internet raises distribution, loan, advance, deposit, or Campaign Act and the Commission’s a number of issues regarding the gift of money, or any services, or current regulations to campaign activity applicability of the Federal Election anything of value (except a loan of conducted using this medium. In order Campaign Act of 1971, as amended, 2 money by a national or State bank made to assist in its review, the Commission U.S.C. 431 et seq. (‘‘FECA’’ or ‘‘the in accordance with the applicable invites comments on the application of Act’’). The Act requires candidates, banking laws and regulations and in the the Act and the current regulations to parties and PACs to file disclosure ordinary course of business) to any Internet campaign activity. The reports regarding their election-related candidate, campaign committee, or Commission will use the comments activity, and also imposes restrictions political party in connection with any received to determine whether or not to and limitations on the amounts that may election to any federal office. Id. issue a Notice of Proposed Rulemaking be contributed to candidates, parties Thus, the Act, and in particular, the (‘‘NPRM’’), which may include and PACs by individuals, corporations, contribution and expenditure proposed changes to its regulations. An labor organizations and other definitions, are at least facially NPRM would seek further comment on committees. applicable to a wide range of activity, any proposed revisions to the Although the FECA was enacted long including some activity that could be Commission’s rules. The Commission before widespread use of the Internet, conducted on the Internet. However, the has made no final decisions regarding and has, in some instances, been Act also contains a number of the issues discussed in this notice, and narrowed by court decisions, see e.g., exemptions from the contribution and may ultimately decide to take no action. Buckley v. Valeo, 424 U.S. 1 (1976), FEC expenditure definitions. For example, Further information is provided in the v. Massachusetts Citizens for Life, 479 the value of services provided without supplementary information that follows. U.S. 238 (1986), it remains broad compensation by any individual who DATES: Comments must be submitted on enough to potentially encompass some volunteers on behalf of a candidate or or before January 4, 2000. election-related activity conducted on political committee is not a ADDRESSES: All comments should be the Internet. For example, section 431(8) contribution. 2 U.S.C. 431(8)(B)(i). The addressed to Rosemary C. Smith, Acting states that the term ‘‘contribution’’ Act also excludes costs incurred by state Assistant General Counsel, and must be includes ‘‘any gift, subscription, loan, and local party committees for (1) slate submitted in either written or electronic advance or deposit of money or cards and sample ballots, (2) campaign form. Written comments should be sent anything of value made by any person materials (such as pins, bumper stickers, to the Federal Election Commission, 999 for the purpose of influencing any brochures, yard signs, etc.) used in E Street, N.W., Washington, DC 20463. election for Federal office.’’ 2 U.S.C. connection with volunteer activities, Faxed comments should be sent to (202) 431(8)(A)(i), 11 CFR 100.7(a)(1). The and (3) voter registration and get-out- 219–3923, with printed copy follow up. Commission has historically interpreted the-vote activities on behalf of Electronic mail comments should be the phrase ‘‘anything of value’’ in Presidential and Vice Presidential sent to [email protected], and should section 431(8)(A)(i) to include in-kind nominees, under certain circumstances. include the full name, electronic mail contributions, i.e., the provision of 2 U.S.C. 431(8)(B)(v), (x), (xii), (9)(B)(iv), address and postal service address of goods or services without charge or at (viii), (ix).
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News stories, commentaries and In addition, commenters are which it remains on the site? When editorials distributed by a broadcasting encouraged to discuss aspects of the should it be reported? (Reporting issues station, newspaper, magazine or other Commission’s current regulations that will be discussed more extensively periodical publication are not may affect or inhibit the use of the below.) expenditures, unless the broadcaster or Internet in ways that may not have been What if the candidate’s web site publisher is owned or controlled by a anticipated or intended when the contains a link to the site of a vendor candidate, political committee or regulations were promulgated, and that sells items such as pins, T-shirts, political party. 2 U.S.C. 431(9)(B)(i). In which may now be inappropriate when bumper stickers, etc., that express addition, communications on any applied to Internet activity. Commenters support for the candidate? In this subject between a corporation and its are also encouraged to identify and situation, the link serves as a form of stockholders, executive and discuss provisions of the FECA or the advertising for the vendor. Are there administrative personnel, and their regulations the application of which is circumstances under which this would families, and between a labor unclear in the context of political raise issues under the FECA? What if organization, its members and their activity conducted on the Internet. the vendor is a corporation, and is families, are not expenditures under the Several significant issues relating to paying the campaign to provide the Act. 2 U.S.C. 441b(b)(2)(A). Costs the use of the Internet are discussed in link? Would this payment be a incurred by publicly funded detail below. Comments are also contribution, or should the committee Presidential primary candidates ‘‘in welcome on any other Internet-related treat it as a permissible ‘‘other receipt?’’ connection with the solicitation of issues that should be addressed in the Is it a contribution only if the vendor contributions’’ are also exempt from the regulations. pays more than the usual and normal expenditure definition. 2 U.S.C. charge for the link? 431(9)(B)(vi). Internet Activities as Contributions or Although there are no minimum Expenditures 3. Web Sites of Publicly Funded dollar thresholds for something of value 1. Introduction Candidates to be considered a contribution or The Commission invites comments on expenditure, the Act excludes activity The threshold question raised when the Internet is used for activity relating whether there are special considerations that falls below certain dollar thresholds involving web sites established by from some of the reporting to federal candidates and elections is whether that activity should be treated Presidential candidates who accept requirements. For example, individuals public funding under the Presidential that make independent expenditures are as a contribution or an expenditure under the Act. If so, under what Election Campaign Fund Act, 26 U.S.C. not required to submit disclosure 9001 et seq., or the Presidential Primary reports unless their expenditures circumstances? The contribution and expenditure definitions are summarized Matching Payment Account Act, 26 aggregate in excess of $250 during a U.S.C. 9031 et seq. What issues arise calendar year. 2 U.S.C. 434(c). Similarly, above. The Commission invites general when publicly funded Presidential organizations are not required to register comments on the application of these candidates use the Internet to promote and report as political committees until definitions to candidate and election- their candidacies? their contributions or expenditures related activity conducted on the aggregate in excess of $1000 in a Internet. The Commission is also For example, the Commission calendar year. 2 U.S.C. § 431(4). interested in comments on the issues recently reversed a long-standing policy Political committees are only required raised by these definitions in the to allow for matching of credit card to provide the identification (name, particular situations described below. contributions received by Presidential primary candidates via the Internet. 64 mailing address, occupation, name of 2. Candidate Web Sites employer, 2 U.S.C. 431(13)) of those FR 32,394 (June 17, 1999). This raises an contributors whose contributions Increasing numbers of candidates are issue regarding solicitation costs aggregate in excess of $200 in a calendar establishing web sites to support their incurred by publicly funded candidates. year. 2 U.S.C. 434(b)(3)(A). campaigns. The most basic question Under 2 U.S.C. 431(9)(B)(vi) and 11 As the agency responsible for raised is how the candidate’s committee CFR 100.8(b)(21), costs incurred by administering the Federal Election should treat costs associated with publicly funded Presidential primary Campaign Act, the Federal Election establishing a campaign web site. Are candidates ‘‘in connection with the Commission (‘‘FEC’’ or ‘‘Commission’’), these costs expenditures under the Act? solicitation of contributions’’ are not must determine the extent to which the Or, should they be treated as some other expenditures under the Act. Similarly, Act applies to campaign activity type of committee disbursement? solicitation costs incurred by publicly conducted on the Internet. In an effort The Commission is also interested in funded general election candidates are to begin the process of making this comments on several specific issues that not expenditures if contributions are determination, the Commission requests arise in relation to hyperlinks on being solicited to make up for comments on the application of the Act candidate web sites. A hyperlink is an deficiencies in amounts received from and the Commission’s current electronic link to another web site. If a Presidential Election Campaign Fund. regulations to Internet campaign candidate’s site contains a hyperlink to Id. As a result, these costs do not count activity. the site of another candidate or a toward the expenditure limits set out in One threshold question upon which political party, should that link be section 441a(b). See 2 U.S.C. the Commission invites comments is treated as a contribution from the 431(9)(B)(vi), 26 U.S.C. 9003(b)(1), whether campaign activity conducted candidate who operates the originating 9033(b)(1). If a publicly funded on the Internet should be subject to the site to the linked candidate or party candidate uses its web site to solicit Act and the Commission’s regulations at committee? If so, how should the value contributions, should a portion of the all. Are Internet campaign activities of that contribution be determined? cost of establishing and maintaining the analogous to campaign activities When does that contribution occur? If site be exempt from the definition of conducted in other contexts, or do they the link remains on the site for an expenditure under this provision? If so, differ to such a degree as to require extended period, does the contribution how should the exempt amount be different rules? occur in each reporting period during determined?
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The Commission invites comments on required to treat a portion of the initial defined in the context of campaign this issue and any other issues raised by cost of the computer hardware used to activity conducted on the Internet. the use of the Internet by publicly operate the web site as part of the How should the regulations address funded candidates. contribution or expenditure? Should the the republication of candidate-generated individual be required to treat any other materials on web sites created by 4. Web sites created by individuals expenses, such as the costs of software individuals? For example, a visitor to a a. Text and other materials purchased to create the site and fees candidate’s web site might download files known as ‘‘banners’’ that can be Many web sites created by individuals paid to maintain it, as a contribution or posted like electronic bumper stickers contain references to candidates and expenditure? What if the site contains both on the visitor’s own site. In other cases, political parties. Some sites, often candidate or party-related materials and a visitor might download textual referred to as ‘‘fan sites,’’ are devoted other unrelated materials? Should a materials, such as speeches or position entirely to urging support for or portion of the costs of the site be treated papers, and make these materials opposition to one or more candidates. In as a contribution or expenditure? What available on his or her own site. other situations, only a portion of an if an individual who already owns a Ordinarily, the republication of individual’s web site might be devoted computer and already has access to the campaign materials prepared by the to candidate advocacy. Internet posts candidate or party-related candidate would be an in-kind The FECA distinguishes between materials on the Internet? An individual contribution. 2 U.S.C. 441a(a)(7)(B), 11 activities conducted by individuals in in this situation may incur little or no CFR 109.1(d)(1). Should this rule apply cooperation or consultation with a additional cost in posting these to republication of materials on the candidate, and activities undertaken materials. Does this mean that no Internet? If so, how should the in-kind independently of a candidate. contribution or expenditure has contribution be valued for FECA Generally, if an individual conducts occurred? purposes? Or, should the Commission campaign activity in cooperation or With regard to the issue of whether an create an exception to this rule for the consultation with a candidate, the cost individual’s Internet activities should be republication of materials on the of that activity is an in-kind treated as an in-kind contribution or Internet, since the marginal cost to the contribution. 2 U.S.C. 431(8)(A)(ii), independent expenditure, 2 U.S.C. individual of adding a banner or other 431(17). An individual may make no 431(17) states that ‘‘[t]he term downloaded material to his or her web more than $1000 in contributions to a ‘independent expenditure’ means an site is near zero? candidate per election. 2 U.S.C. expenditure by a person expressly If an individual posts candidate- 441a(a)(1)(A). In addition, the receipt of advocating the election or defeat of a related materials on the Internet without in-kind contributions must be reported clearly identified candidate which is cooperation or consultation with the by the candidate. 2 U.S.C. 434(b), 11 made without cooperation or candidate, the question raised is CFR 104.3(a)(4)(i). consultation with any candidate, or any whether the candidate-related content In contrast, if an individual conducts authorized committee or agent of such should be treated as an independent activity ‘‘without cooperation or candidate, and which is not made in expenditure. Generally, a consultation with any candidate, or any concert with, or at the request or communication must contain express authorized committee or agent of such suggestion of, any candidate, or any advocacy in order to be an independent candidate, and which is not made in authorized committee or agent of such expenditure. 2 U.S.C. 431(17). How concert with, or at the request or candidate.’’ What types of contacts should this test be applied to the suggestion of, any candidate, or any between an individual and a candidate contents of a web site? Should the test authorized committee or agent of such should be regarded as ‘‘cooperation or be applied to the site as a whole, or candidate,’’ that activity is not a consultation,’’ often referred to as should it be applied separately to contribution. However, if the activity ‘‘coordination,’’ with the candidate different areas of the site? expressly advocates the election or within the meaning of this section? b. Hyperlinks defeat of a candidate, the expenses Should the types of contact considered incurred in that activity are an coordination with a candidate be Some web sites created by individuals independent expenditure. 2 U.S.C. different for Internet activities than for contain hyperlinks to a candidate’s site 431(17). Although individuals may activities that take place in other or to the site of another political make unlimited independent contexts? The Commission is currently committee. Under what circumstances expenditures on behalf of a candidate, engaged in a rulemaking on the issue of should posting a hyperlink be treated as ‘‘every person (other than a political coordination with a candidate, and has a contribution or independent committee) who makes independent published two Notices of Proposed expenditure? expenditures in an aggregate amount or Rulemaking seeking comments on this A hyperlink on an individual’s web value in excess of $250 during a issue. 63 FR 69,523 (Dec. 16, 1998), 62 site may have value to the linked calendar year’’ must file disclosure FR 24,367 (May 5, 1997). Two recent candidate, since the link will inevitably reports. 2 U.S.C. 434(c). court decisions also discussed the steer visitors from the individual’s site How should these definitions be concept of coordination. Federal to the candidate’s site. If the individual applied to web sites created by Election Commission v. Christian has been in contact with the campaign individuals that contain references to Coalition, 52 F. Supp. 2d (D.D.C. 1999), and has agreed to provide the link at no candidates or political parties? Are costs Federal Election Commission v. Public charge or less than the usual and normal incurred by individuals in posting Citizen, 1999 WL 731056 (N.D.Ga. charge, the link could be regarded as an materials relating to candidates or 1999). See also, Clifton v. Federal in-kind contribution. On the other hand, parties covered by the FECA? If so, how Election Commission, 114 F.3d 1309 the costs of providing the link are often should the value of the individual’s (1st Cir. 1997) cert. denied 118 S. Ct. negligible or nonexistent. In addition, contribution or independent 1036 (1998), Colorado Republican the practice in some areas of the Internet expenditure be determined? What costs Federal Campaign Committee v. FEC, industry may be to place no value on should be taken into account? Should 518 U.S. 604 (1996). Comments are these links. Thus, the usual and normal the individual posting the materials be invited on how coordination should be charge for providing a link may be zero.
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How widespread is the practice of political advertising,’’ the 431(9)(B)(ii). In Advisory Opinion providing free links? Should the result communication must contain a 1999–7, the Commission responded to a be that no contribution or expenditure disclaimer statement. See also 11 CFR inquiry from a state government agency occurs when an individual posts a 110.11. Generally, this statement must that posted hyperlinks to candidates on hyperlink to a candidate or party web indicate who paid for the advertisement its web site. The Commission concluded site? and whether it was authorized by a that providing information about all If the individual that posts the link candidate or candidate’s committee. If ballot-qualified candidates in a does so without any consultation or so, the candidate or committee must nonpartisan manner without first coordination with the linked also be identified. attempting to determine recipients’ candidate’s campaign, the link would In Advisory Opinion 1998–22, an candidate or party preferences falls not be a contribution to the candidate’s independent voter sought guidance on within section 431(9)(B)(ii) and 11 CFR campaign. In these circumstances, the the application of the disclaimer 100.8(b)(3). Section 100.8(b)(3) states issue is whether the link should be requirement to a web site that urged the that ‘‘[a]ny cost incurred for activity treated as an independent expenditure. election of a candidate and the defeat of designed to encourage individuals to Generally, a communication must that candidate’s opponent. The register to vote or to vote is not an contain express advocacy in order to be Commission noted its conclusion in expenditure if no effort is or has been an independent expenditure. 2 U.S.C. previous advisory opinions that, made to determine the party or 431(17). Should the express advocacy because of the Internet’s general candidate preference of individuals test be applied to the text of the availability, a web site would be before encouraging them to register to hyperlink itself, or to the contents of the considered general public political vote or to vote.’’ candidate’s site? Would a hyperlink that advertising. Since the site expressly Should the Commission revise the appears as ‘‘JonesMiller2000’’ be advocated the election and defeat of regulations to specifically exclude express advocacy? What if the text of candidates, it was an independent hyperlinks posted in this manner from the hyperlink does not constitute expenditure that required a disclaimer the definition of ‘‘expenditure?’’ In its express advocacy, but the linked site under section 441d. See also Advisory opinion, the Commission noted that the contains express advocacy? Opinions 1995–9 and 1995–35. state agency’s site already included Assuming that the text of the link The Commission is interested in candidate mailing addresses and contains express advocacy, how should comments on the conclusion reached in telephone numbers, and concluded that the value of the independent Advisory Opinion 1998–22, and on the ‘‘[t]he addition of campaign web expenditure be determined? As application of the disclaimer addresses in the form of hyperlinks does explained above regarding possible requirement to the Internet. Should web not change this analysis.’’ Should contributions, the owner of the site may sites created and maintained by hyperlinks be treated as the equivalent incur little or no additional cost in individuals be considered general of campaign mailing addresses in all posting the link. Thus, although the link public political advertising within the circumstances? might fall within the definition of meaning of section 441d? Internet users Commenters are also welcome to raise ‘‘independent expenditure,’’ it may fall generally have to take the affirmative any other issues relating to the use of below the $250 reporting threshold in 2 step of directing their browsers to a web the Internet by nonconnected U.S.C. 434(c). Should the fact that the site in order to view the contents of that committees and other unincorporated cost of the link is incremental relieve site. In contrast, individuals are often organizations. the individual of his or her reporting exposed to broadcast messages, obligation? newspaper advertisements and direct 6. Corporations and Labor mail involuntarily, without any Organizations c. Web Sites Created by Campaign deliberate action on their part. Should a. Communications Volunteers web sites be treated differently than The Commission invites comments on newspapers and broadcast stations for Many corporations and labor the extent to which Internet services this reason? The Commission invites organizations operate web sites to provided by volunteers should be comments on this issue. communicate with the general public. covered by the volunteer exemption in Section 441b of the Act prohibits section 431(8)(B)(ii) of the Act. Section 5. Nonconnected Committees and Other corporations and labor organizations 431(8)(B)(ii) exempts ‘‘the use of real or Unincorporated Organizations from making contributions or personal property * * * voluntarily Since nonconnected political expenditures in connection with federal provided by an individual to any committees (other than multicandidate elections. Thus, the Act generally candidate or any political committee of committees) and other unincorporated prohibits these entities from using their a political party in rendering voluntary organizations are treated the same as web sites to assist or advocate on behalf personal services on the individual’s individuals under the FECA, many of of any federal candidate. residential premises.’’ Are Internet the same issues arise when these The question raised is under what services covered by this section? entities use the Internet for candidate- circumstances should a candidate or related activity. The Commission invites election-related communication on a d. Disclaimers commenters to discuss the issues raised corporate or labor organization be Section 441d of the FECA states that above as they apply to these entities. treated as a prohibited contribution or ‘‘[w]henever any person makes an The Commission is also interested in independent expenditure? If the expenditure for the purpose of financing comments on the circumstances under election-related communication is in the communications expressly advocating which the inclusion of a hyperlink on form of a hyperlink to the web site of the election or defeat of a clearly the web site of a nonconnected a candidate or party committee, the identified candidate, or solicits any committee or other unincorporated issues that arise are similar to those contribution through any broadcasting organization should be treated as discussed in section 4(b), above, station, newspaper, magazine, outdoor ‘‘nonpartisan activity designed to regarding hyperlinks posted on an advertising facility, direct mailing, or encourage individuals to vote or to individual’s web site. The Commission any other type of general public register to vote’’ under section invites comments on these issues, as
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As explained exceptions from the contribution and and notice of the press conference are above, the rules allow a corporation or expenditure definitions that enable a distributed only to the representatives of labor organization to announce an corporation or labor organization to the news media that the corporation or endorsement to the general public engage in certain election-related labor organization customarily contacts through a press release and press activity without violating the Act. For when issuing nonpolitical press releases conference, so long as distribution of the example, the Act exempts or holding press conferences for other press release and notice of the press ‘‘communications by a corporation to its purposes. 11 CFR 114.4(c)(6). conference is limited to those media stockholders and executive or The Commission invites comments on representatives that the organization administrative personnel and their the issues raised by corporate and labor ordinarily contacts when issuing press families or by a labor organization to its organization use of the Internet for releases or holding press conferences. members and their families on any communication of candidate and 11 CFR 114.4(c)(6). Should a subject.’’ 2 U.S.C. 441b(b)(2)(A). The election-related information. One corporation or labor organization that Commission’s regulations refer to these threshold issue is whether, and under routinely posts press releases on the groups as the ‘‘restricted class’’ of a what circumstances, communication via Internet be allowed to post a press corporation or labor organization. 11 the Internet should be regarded as release announcing a candidate CFR 114.1(j). communication to the general public, endorsement? Would it matter if the Section 114.4(c) of the regulations and when it should be treated as corporation or labor organization posts also contains a series of exceptions that communication to a more limited the endorsement release more allow corporations and labor audience. Advisory Opinion 1997–16 prominently than it posts other press organizations to distribute certain involved, inter alia, a corporate releases? What if the release received no candidate and election-related materials endorsement posted on the special prominence or treatment? Or, to the general public without violating corporation’s web site. The Commission should the endorsement be made section 441b. Under this section, a concluded that communication of the accessible only to members of the corporation or labor organization may endorsement via the web site would, in restricted class and other employees? make registration and get-out-the vote effect, be communication with the The Commission invites comments on communications to the general public, general public for purposes of section these issues, and any other issues raised provided that: (1) They do not expressly 441b, unless access was limited to by corporate and labor organization advocate the election or defeat of any members of the restricted class using a communication via the Internet. clearly identified candidate or password or similar method. Should the b. Internet Services as In-kind candidates of a clearly identified Commission incorporate this Contributions political party, and (2) they do not interpretation into the regulations? coordinate their efforts with any Under what circumstances should the Some corporations are in the business candidate or political party. 11 CFR Commission treat information posted on of providing Internet-related services, 114.4(c)(2). Similarly, a corporation or a web site as communication to the such as Internet access, web site labor organization may also distribute restricted class? Under what creation and maintenance, technical officially-produced registration or circumstances should it be treated as support, etc. The Commission is voting information, official registration- distribution to the general public? interested in comments on whether, and by-mail forms, and absentee ballots, If the web site is treated as under what circumstances, the costs of provided the corporation or labor communication to the general public, Internet-related services should be organization does not expressly under what circumstances should a treated as in-kind contributions. advocate, does not coordinate, and does candidate or election-related For example, in Advisory Opinion not encourage registration with any communication on a corporate or labor 1996–2, a corporation that provided particular political party. 11 CFR organization web site be treated as a Internet services and other on-line 114.4(c)(3). prohibited contribution or independent information services proposed to A corporation or labor organization expenditure? If the election-related provide free member accounts to federal may also prepare and distribute the communication is in the form of a candidates on a nonpartisan basis, and voting records of Members of Congress, hyperlink to the web site of a candidate asked whether these accounts would be provided that the voting record and all or party committee, the issues that arise prohibited in-kind contributions under communications distributed with it do are similar to those discussed in section the Act. The Commission concluded not expressly advocate, and that 4(b), above, regarding hyperlinks posted that the accounts would be in-kind decisions on content and distribution of on an individual’s web site. The contributions unless the corporation the record are not coordinated with any Commission invites comments on these could show that it provided the candidate, group of candidates or issues, as they arise in the context of accounts to nonpolitical customers in political party. 11 CFR 114.4(c)(4). But web sites operated by corporations and the ordinary course of business and on see Clifton v. Federal Election labor organizations. the same terms and conditions, i.e., the Commission, 114 F.3d 1309 (1st Cir. With regard to the types of ‘‘usual and normal charge.’’ The 1997) cert. denied 118 S. Ct. 1036 communication permitted under section Commission also said that even if the (1998). A corporation or labor 114.4(c) of the regulations, what special corporation could show that it provided organization may also prepare and issues arise? How does the use of the free accounts in the ordinary course of distribute voter guides consisting of two Internet to distribute voter guides, business, the promotional value derived or more candidates’ positions on voting records, absentee ballots or other by the vendor in the form of prestige, campaign issues under certain registration or voting information goodwill, and increased usage by other conditions set out in the section impact the current regulations? Are members did not constitute adequate 114.4(c)(5). Finally, the rules allow a there aspects of these regulations that consideration to satisfy the ‘‘usual and corporation or labor organization to should be revised? normal charge’’ requirement.
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The Commission invites comments on distributed through the facilities of any stations and networks. The videotape whether this conclusion should be broadcasting station, newspaper, related to a story to be run in its print revised or incorporated into the magazine, or other periodical edition. The court noted that the news regulations, and on whether there are publication, unless such facilities are story exemption ‘‘would seem to exempt circumstances under which the owned or controlled by any political only those kinds of distribution that fall provision of Internet services at less party, political committee, or broadly within the press entity’s than the usual and normal charge candidate.’’ 2 U.S.C. 431(9)(B)(i). legitimate press function.’’ Id. at 1214. should not be regarded as a contribution Section 100.8(b)(2) of the regulations The court concluded that the or expenditure. also excludes ‘‘any cost incurred in Commission was entitled to investigate covering or carrying a news story, the question of whether Reader’s Digest c. Use of Corporate Facilities commentary, or editorial by any Association was acting as a press entity Section 114.9 of the regulations places broadcasting station (including a cable when it produced and distributed the limits on the extent to which the television operator, programmer or videotape. stockholders and employees of a producer), newspaper, magazine, or The Commission invites comments on corporation, or the officials, members other periodical publication’’ from the whether new rules are needed to and employees of a labor organization, definition of ‘‘contribution,’’ unless the determine whether a news may make use of the facilities of the media outlet is owned or controlled by organization’s Internet activities fall corporation or labor organization for a political party, political committee, or within its legitimate press function. Are individual volunteer activities in candidate. there types of web site content that connection with federal elections. The Commission is interested in should be regarded as unrelated to the Generally, the rule allows occasional, comments on how these provisions, press function? generally referred to collectively as the isolated or incidental use of the b. Candidate Appearances facilities, and requires users to ‘‘news story exemption,’’ should be reimburse the corporation or labor applied to the Internet. Under what The Commission is interested in organization only to the extent that the circumstances should the Commission comments on how the Act and corporation or labor organization’s regard an Internet site as a ‘‘newspaper, regulations should be applied when overhead costs are increased. The rule magazine, or other periodical candidates make public appearances via provides additional guidance as to what publication’’ within the meaning of the a web site operated by a news will be considered occasional, isolated exemption in section 431(9)(B)(i)? organization. These appearances can or incidental use in particular Should it make a difference whether the take many different forms. New situations. site owner also produces a broadcast or technologies make it possible for The Commission is interested in print publication? Should a site be candidates to appear on the Internet and comments on the application of this rule treated as a periodical publication if the interact with viewers in real time. In to the use of corporate or labor owner regularly revises or updates the some cases, the candidate might make a organization facilities for Internet site? What, if any, additional speech that is broadcast on-line using activities conducted in connection with characteristics should be required? streaming video technology. In other federal elections. To what extent should Some Internet publishers use ‘‘list cases, a web site or Internet service provider might invite its members, a computer network be treated as part of serves’’ or other types of electronic subscribers, or the general public to a corporation or labor organization’s mailing lists that enable the publisher to attend a real-time on-line interview with facilities within the meaning of this send the publication to all subscribers a candidate, and may also invite viewers provision? What level of use of such a using a bulk e-mail message. Using this to submit questions for the candidate by network should be considered method, the publisher can distribute the electronic mail. It is also possible that, occasional, isolated or incidental use? publication to a large number of in the future, candidate debates will How should this be determined? subscribers instantly, at very little cost. either be conducted entirely on-line, or If a corporation allows an employee to The Commission is interested in will be simulcast on-line. In either case, post candidate-related materials on a comments on whether publication and viewers may be invited to submit web site that resides on the distribution via a list serve or other questions or comments to the corporation’s computer network, should widely-distributed electronic mail participating candidates. the employee be required to reimburse communication should fall within the news story exemption? Should it make The Commission addressed some of the corporation for the costs of the site? a difference whether recipients receive the issues raised by this activity in What if the corporation’s network has these communications without Advisory Opinion 1996–16, in which a enough surplus capacity that the web requesting them, only after requesting news and information service proposed site would not increase its overhead or them, or only after paying a subscription to invite presidential candidates to operating costs? What if an employee fee? The Commission invites comments appear in a series of electronic town uses the corporation or labor on these issues. meetings with the news service’s organization’s computer network to Questions also arise as to whether and subscribers. During these town send an electronic mail message when information distributed via these meetings, the candidates were linked soliciting contributions or expressly sites would be a ‘‘news story, via two-way television to a live advocating the election or defeat of a commentary or editorial’’ within in the audience consisting of subscribers and candidate? Has the corporation or labor meaning of the exemption. A similar other invited guests. The candidates organization provided something of issue arose in Reader’s Digest made brief introductory remarks and value? Association v. Federal Election then answered questions from the live 7. News Organizations Commission, 509 F. Supp. 1210 audience. Other subscribers were able to (S.D.N.Y. 1981), in which Reader’s listen by telephone line and submit a. On-line Publications Digest Association, a magazine questions by electronic mail. Later, they The Act contains an exception from publisher, produced a videotape that could view a multimedia version of the the definition of ‘‘expenditure’’ for ‘‘any featured a federal candidate, and program on the service’s dedicated news story, commentary, or editorial distributed it to various television computer terminals.
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The Commission concluded that town behalf of one or more clearly identified non- committee could use the Internet to meetings fall within the press federal candidates. solicit and accept contributions so long exemption when the news service is a Party committee web sites often contain as the recordkeeping and reporting bona fide press entity. The Commission references to multiple candidates. requirements were met. The reiterated two relevant considerations Should party committees be required to Commission cited previous advisory set out in the statute: (1) Whether the allocate the costs of their web sites to opinions in which it ‘‘recognized that press entity is owned by a political the candidates mentioned on the site? If the Act and regulations allow lawful party or candidate; and (2) whether the so, should the ‘‘time-space’’ allocation contributions to be made not only by press entity is acting as a press entity in method set out in section 106.1(a) be personal check, but also in other ways, performing the media activity. The applied? Should a party committee be including properly documented use of Commission noted that the media entity required to take any reference to a credit cards (Advisory Opinions 1978– planned the meetings and therefore candidate, no matter how brief, into 68 and 1984–45).’’ As discussed above, controlled the means of presentation, account in allocating the web site’s the Commission also recently revised its the duration, and the format of the costs? Or, should the committee be able regulations to allow for matching of candidates’ appearances. Thus, the to limit its allocation to more extensive credit card contributions received by activity fell within the scope of the references, and exclude candidates to Presidential primary candidates via the news story exemption. The Commission whom only minimal reference is made? Internet. 64 FR 32,394 (June 17, 1999). invites comments on whether this Would it be adequate to exempt See also Advisory Opinion 1999–9. conclusion should be revised or hyperlinks to candidate web sites from The Commission listed the reporting incorporated into the regulations, and the time-space allocation of a web site, requirements that the nonconnected on other issues raised by candidate but include more extensive references? committee in Advisory Opinion 1995–9 appearances on the Internet. Alternatively, should some or all of was required to follow. The committee was required to itemize its receipts, and c. On-line Discussions the expenses of a web site be treated as ‘‘overhead, general administrative, fund- use best efforts to obtain and submit the Another area of campaign-related raising, and other day-to-day costs of full name, mailing address, occupation activity on the Internet is the use of political committees’’ that need not be and name of employer of any person ‘‘chat rooms’’ and other fora for attributed to individual candidates who makes contributions that aggregate interactive discussions of issues and under section 106.1(c)(1)? The in excess of $200 in a calendar year. The Commission also said that if a credit candidates. Are there circumstances Commission invites comments on these card company or other processing entity under which the sponsor of such a issues. forum should be responsible for The Commission is also interested in deducts fees from the contribution statements made by persons the related issue of whether the costs before forwarding it to the committee, participating in the discussion? Does the associated with references to candidates those fees would be operating expenses of the committee, and must be reported sponsor make an expenditure by on a party committee web site should as such. (Note that, for publicly funded providing a venue for individuals to count toward the party committee’s candidates, these fees would be exempt expressly advocate on behalf of a coordinated expenditure limit. Section fundraising expenses under 11 CFR candidate? 441a(d) of the Act states that the 100.8(b)(21)). The committee was also national committee of a political party 8. Party Committees required to report the full amount paid and a state committee of a political The Commission is interested in by the contributor as a contribution, party may make expenditures in comments on the impact of the Act and notwithstanding any deductions by the connection with the general election regulations on the use of the Internet by credit card company. See 2 U.S.C. campaign of candidates for Federal political party committees. One area in 434(b)(5)(A), 11 CFR 104.3(b)(3). office, up to certain dollar limits. These which the rules may impact party The Commission invites comments on limits apply to expenditures that are committee use of the Internet is in the whether these conclusions should be coordinated with the party’s candidates. allocation of expenses between revised or incorporated into the See Colorado Republican Federal candidates under 11 CFR 106.1. Section regulations, and on whether any Campaign Committee v. FEC, 518 U.S. 106.1(a) states that additional reporting requirements 604 (1996). Under what circumstances [e]xpenditures, including in-kind should be imposed on committees that should a party committee’s Internet receive contributions via the Internet. contributions, independent expenditures, expenditures count toward this limit? and coordinated expenditures made on Finally, the Commission encourages b. Screening prohibited and excessive behalf of more than one clearly identified federal candidate shall be attributed to each commenters to discuss any other issues contributions such candidate according to the benefit relating to the use of the Internet by Section 103.3(b) of the regulations reasonably expected to be derived. For party committees. states that the treasurer of a political example, in the case of a publication or Reporting and Recordkeeping committee shall be responsible for broadcast communication, the attribution examining all contributions received for shall be determined by the proportion of The use of new avenues for evidence of illegality and for space or time devoted to each candidate as conducting campaign activity often compared to the total space or time devoted ascertaining whether contributions raises reporting issues. Consequently, received, when aggregated with other to all candidates. In the case of a fundraising the Commission is interested in program or event where funds are collected contributions from the same contributor, by one committee for more than one clearly comments on how the use of the exceed the contribution limitations of identified candidate, the attribution shall be Internet impacts the disclosure process. 11 CFR 110.1 or 110.2. determined by the proportion of funds 1. Contributions Received Via the The Commission is interested in received by each candidate as compared to comments on whether additional the total receipts by all candidates. These Internet safeguards are needed to ensure that methods shall also be used to allocate a. Reporting payments involving both expenditures on contributions received via the Internet behalf of one or more clearly identified In Advisory Opinion 1995–9, the do not come from sources that are federal candidates and disbursements on Commission concluded that a political prohibited from making contributions
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.302 pfrm03 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60367 under the Act, and do not exceed the requires multicandidate committees to individual, ‘‘identification’’ means the contributions limits. Should the attribute expenditures made on behalf of full name, mailing address, occupation regulations regarding the process of the more than one candidate to each and employer. 2 U.S.C. 431(13). If a screening contributions be revised? Are candidate according to the benefit contributor fails to provide this more specific processing requirements reasonably expected to be derived. 11 information, the Commission’s rules needed to screen out contributions from CFR 106.1(a)(1). Should a require the recipient committee to make foreign nationals? multicandidate committee whose web one oral or written follow-up attempt to In Advisory Opinion 1995–9, the site expresses support for several obtain the contributor information for Commission endorsed a screening candidates be required to allocate the any contribution that exceeds $200 per procedure in which the web site costs of the site? If so, should the time- calendar year. 11 CFR 104.7(b)(2) soliciting contributions would list the space allocation method in section The threshold question presented is prohibitions in the Act, and ask 106.1(a)(1) be used to allocate those whether a follow-up attempt sent by contributors to specifically attest that costs between the specifically identified electronic mail should satisfy the best their contributions were both voluntary candidates? Or, should the costs of the efforts requirement. In Advisory and permissible under each prohibition. web site be treated the same as the Opinion 1995–9, the Commission Potential contributors that did not do so committee’s other administrative determined that, in the case of a would receive a message stating that expenses, and allocated in accordance contribution received via the Internet, Federal law prohibits their contribution, with 11 CFR 106.6(c)? the follow-up request could consist of and inviting those who think they have an electronic message sent to the filled out the contribution form 3. Recordkeeping contributor’s e-mail address. However, incorrectly to try again. The The use of the Internet for campaign the request must be sent after the Commission also addressed the issue of activity also raises questions regarding committee received the credit card screening procedures in Advisory the retention of campaign records. company’s confirmation of the Opinion 1999–9. Should aspects of the Sections 432(c) and (d) of the FECA contribution, and must meet the specific screening procedures described in these require treasurers to create and maintain ‘‘best efforts’’ requirements set forth in advisory opinions be incorporated into records of committee transactions, and 11 CFR 104.7(b)(2). the regulations? Should these preserve those records for three years The Commission is interested in procedures be modified? The after filing the associated report. In the comments on whether the conclusion Commission invites comments on these case of reports filed electronically, reached in Advisory Opinion 1995–9 issues. machine-readable copies of committee regarding the use of electronic mail for reports must be maintained for three best efforts follow-up communications 2. Disbursements for Expenses Incurred should be revised or incorporated into in Internet Activity years. In Advisory Opinion 1995–9, the regulations. If so, how should the The Commission is interested in discussed above, the Commission rules address situations where a comments on whether or not concluded that the requesting committee’s follow-up request is not disbursements for Internet-related committee could maintain records of successfully delivered to the expenses should be subject to the contributions received via the Internet contributor? For example, if the reporting requirements? If so, how in non-paper form so long as the contributor has changed his or her e- should costs associated with electronic records contained the mail address, he or she would not establishing a campaign web site be information required by the statute, and receive the follow-up request directly. reported? Should they be operating were retained for three years. Furthermore, if the contributor has not expenses, or as some other type of The Commission is interested in arranged for e-mail sent to his or her old expense? If the committee of a publicly comments on the types of records address to be forwarded, he or she may funded candidate uses its web site to committees should be required to keep not receive the request at all. In solicit contributions, should a portion of regarding transactions conducted via the addition, the committee’s follow-up the cost of establishing and maintaining Internet. Should these records be request might reach the contributor’s the site be treated as exempt fundraising maintained differently than those made former address before that account has expenses under 2 U.S.C. 431(9)(B)(vi) been completely deactivated by the using traditional media? Should the and 11 CFR 100.8(b)(21)? How should a Internet service provider. In that case, conclusion reached in Advisory committee report the initial costs of the the committee would not receive an Opinion 1995–9 regarding retention of computer hardware obtained to host the error message indicating that its follow- records be revised or explicitly stated in site? What about the costs of software up request was undeliverable, and thus the regulations? purchased to create and maintain the might not be aware that its follow-up site? How should fees paid to Internet Other Issues request had not reached the contributor. service providers be reported? How should the rules address these 1. Electronic Mail Comments are also welcome on situations? whether the reporting requirements Many aspects of the campaign finance Should the Commission extend should be applied to a web site that is process involve the use of the mail. The Advisory Opinion 1995–9 to allow only partially devoted to candidate Commission is interested in comments committees to use electronic mail to advocacy. If so, how should the costs on how broadly it should treat follow up on contributions received by associated with the candidate-related electronic mail as a substitute for regular mail? Are contributors more portion of the site be determined and regular mail. likely to provide information when reported? For example, section 432(i) of the prompted to do so by a computer than Similar issues arise in relation to a FECA requires treasurers of political they are when they are prompted by multicandidate committee web site that committees to exercise ‘‘best efforts’’ to regular mail or a phone call? mentions several candidates. As report the complete identification of Finally, the Commission is interested discussed above in relation to party each contributor whose contributions in comments on whether there are committees, section 106.1 of the aggregate more than $200 per calendar circumstances in which the disclaimer Commission’s current regulations year. 2 U.S.C. 434(b)(3)(A). For an requirement should apply to electronic
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.304 pfrm03 PsN: 05NOP1 60368 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules mail. As explained above, section 441d committees. Section 102.14(b)(2) states 9:00 a.m. and 5:00 p.m., pursuant to the of the FECA states that ‘‘[w]henever any that ‘‘[a] political committee established Board’s Rules Regarding the Availability person makes an expenditure for the solely to draft an individual or to of Information, 12 CFR part 261. purpose of financing communications encourage him or her to become a FOR FURTHER INFORMATION CONTACT: expressly advocating the election or candidate may include the name of such Natalie E. Taylor, Michael E. Hentrel, or defeat of a clearly identified candidate, individual in the name of the committee David A. Stein, Staff Attorneys; Division or solicits any contribution through any provided the committee’s name clearly of Consumer and Community Affairs, broadcasting station, newspaper, indicates that it is a draft committee.’’ Board of Governors of the Federal magazine, outdoor advertising facility, Should the rules be revised to address Reserve System, at (202) 452–3667 or direct mailing, or any other type of other aspects of draft committee 452–2412; for users of general public political advertising,’’ the activities? Do web sites established by Telecommunications Device for the Deaf communication must contain a draft committees raise any special issues (TDD) only, contact Diane Jenkins at disclaimer statement. See also 11 CFR under the FECA? The Commission is (202) 452–3544. 110.11. Comments are welcome on the interested in comments on these issues. SUPPLEMENTARY INFORMATION: question of whether list serves or other forms of electronic mail that are Conclusion I. Background distributed to large numbers of The Commission invites comments on The purpose of the Truth in Lending recipients in bulk should be regarded as these issues, and on any other issues Act (TILA; 15 U.S.C. 1601 et seq.) is to general public political advertisements related to the use of the Internet for promote the informed use of consumer for which a disclaimer is required. campaign activity. credit by providing for disclosures about The Commission is also interested in Dated: November 1, 1999. its terms and cost. The act requires comments on any other issues raised by Scott E. Thomas, creditors to disclose the cost of credit as the use of electronic mail for candidate a dollar amount (the finance charge) and or election-related activity. Chairman, Federal Election Commission. [FR Doc. 99–28982 Filed 11–4–99; 8:45 am] as an annual percentage rate. Uniformity 2. Membership BILLING CODE 6715±01±U in creditors’ disclosures is intended to Section 441b(b)(4)(A) prohibits a assist consumers in comparison corporation and its separate segregated shopping for credit. TILA requires fund from soliciting contributions from FEDERAL RESERVE SYSTEM additional disclosures for loans secured persons other than its stockholders and by consumers’ homes and permits their families or its executive or 12 CFR Part 226 consumers to rescind certain transactions that involve their principal administrative personnel and their [Regulation Z; Docket No. R±1050] families. However, under paragraph dwelling. In addition, the act regulates (b)(4)(C), a membership organization or Truth in Lending certain practices of creditors. The act is its the separate segregated fund may implemented by the Board’s Regulation solicit contributions from ‘‘members’’ of AGENCY: Board of Governors of the Z (12 CFR part 226). the organization. The Commission Federal Reserve System. The Board’s official staff commentary recently approved new rules defining ACTION: Proposed rule. (12 CFR part 226 (Supp. I)) interprets the term ‘‘member.’’ 64 FR 41,266 (Jul. the regulation, and provides guidance to SUMMARY: The Board is publishing for creditors in applying the regulation to 30, 1999). These rules are currently comment proposed revisions to the before Congress pending legislative specific transactions. The commentary official staff commentary to Regulation is a substitute for individual staff review. Z (Truth in Lending). The commentary Because of the increasing availability interpretations; it is updated applies and interprets the requirements of the Internet, there may now be periodically to address significant of Regulation Z. The proposed update organizations that exist almost entirely questions that arise. The Board expects addresses short-term cash advances on-line. Persons visiting the web site of to adopt revisions to the commentary in commonly called ‘‘payday loans’’ and such an organization may be invited to final form in March 2000; to the extent includes technical revisions. become members of the organization. the revisions impose new requirements DATES: Are there special considerations in Comments must be received on on creditors, compliance would be determining whether these or before January 10, 2000. optional until October 1, 2000, the organizations qualify as ‘‘membership ADDRESSES: Comments, which should effective date for mandatory organizations?’’ Are there additional refer to Docket No. R–1050, may be compliance. mailed to Ms. Jennifer J. Johnson, factors in evaluating whether someone II. Proposed Revisions is a ‘‘member’’ of an on-line Secretary, Board of Governors of the membership organization? Federal Reserve System, 20th Street and Subpart A—General Constitution Avenue, N.W., Section 226.2—Definitions and Rules of 3. Draft Committees Washington, D.C. 20551. Comments Construction Periodically, groups form to addressed to Ms. Johnson may also be encourage, or ‘‘draft,’’ someone to delivered to the Board’s mail room 2(a) Definitions become a candidate for a particular between 8:45 a.m. and 5:15 p.m. 2(a)(14) Credit office. The Internet may be the ideal weekdays, and to the security control The Board has been asked to clarify vehicle for draft committees to use to room at all other times. The mail room whether ‘‘payday loans’’—also known generate support for their prospective and the security control room, both in as ‘‘cash advance loans,’’ ‘‘check candidates. the Board’s Eccles Building, are advance loans,’’ and ‘‘post-dated check The Commission is interested in accessible from the courtyard entrance loans’’—constitute credit for purposes of comments on the use of the Internet by on 20th Street between Constitution TILA. Typically in such transactions, a draft committees. The current rules Avenue and C Street, N.W. Comments short-term cash advance is made to a contain only one provision that is may be inspected in room MP–500 in consumer in exchange for the directed specifically at draft the Board’s Martin Building between consumer’s personal check in the
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.305 pfrm03 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60369 amount of the advance, plus a fee; TILA imposes additional disclosure Subpart AÐGeneral sometimes the advance is made in requirements and substantive exchange for the consumer’s limitations on certain closed-end * * * * * authorization to debit electronically the mortgage loans bearing rates or fees Section 226.2—Definitions and Rules of consumer’s checking account in the above a certain percentage or amount. Construction amount of the advance, plus a fee. The See § 226.32. Creditors must follow the 2(a) Definitions. transaction occurs with knowledge by rules in § 226.32 if the total points and * * * * * both parties that the amount advanced fees payable by the consumer at or 2(a)(14) Credit. is not, or may not be, available from the before loan closing exceed the greater of * * * * * consumer’s checking account at the time $400 or 8 percent of the total loan ∫ 2. Payday loans. Credit includes a of the transaction. Thus, the parties amount. The Board is required to adjust payday loan transaction in which a short- agree that the consumer’s check will not the $400 amount each year. The term cash advance is made to a consumer in be cashed or the account electronically adjusted amount for 2000 ($451) is exchange for the consumer’s personal check, debited until a designated future date. published elsewhere in today’s Federal in the amount of the advance plus a fee, or On that date, the consumer usually has Register and would be added to in exchange for the consumer’s authorization the option to repay the obligation by comment 32(a)(1)(ii)–2. to debit the consumer’s checking account, for allowing the party advancing the funds the amount of the advance plus a fee. In both III. Form of Comment Letters instances the parties agree that the check will to cash the check or electronically debit not be cashed, or that the consumer’s the consumer’s checking account, or by Comment letters should refer to checking account will not be debited, until providing cash or some other means of Docket No. R–1050, and, when possible, a designated future date.ª payment. The consumer may also have should use a standard typeface with a 3. In Supplement I to Part 226, under the option to defer repayment beyond font size of 10 or 12. This will enable Section 226.19—Certain Residential the initial period by paying an the Board to convert the text to Mortgage and Variable-Rate additional fee. machine-readable form through Transactions, under 19(b) Certain Section 226.2(a)(14) defines credit as electronic scanning, and will facilitate variable-rate transactions, paragraph 5. the right to defer the payment of debt or automated retrieval of comments for would be revised to read as follows: the right to incur debt and defer its review. Also, if accompanied by an * * * * * payment. In the case of payday loans, original document in paper form, this includes the agreement to defer comments may be submitted on 31⁄2 Subpart C—Closed-End Credit cashing the check or debiting the inch computer diskettes in any IBM- * * * * * consumer’s account. Comment 2(a)(14)- compatible DOS-or Windows-based 2 would be added to clarify that payday Section 226.19—Certain Residential format. Mortgage and Variable-Rate Transactions loan transactions constitute credit for purposes of TILA. Persons that regularly List of Subjects in 12 CFR Part 226 * * * * * 19(b) Certain variable-rate transactions. extend payday loans and impose a Advertising, Federal Reserve System, finance charge are required to provide Mortgages, Reporting and recordkeeping * * * * * TILA disclosures to consumers. 5. Examples of variable-rate transactions. requirements, Truth in lending. The following transactions, if they have a Subpart C—Closed-End Credit Text of Proposed Revisions term greater than one year and are secured by the consumer’s principal dwelling, Section 226.19—Certain Residential Certain conventions have been used constitute variable-rate transactions subject Mortgage and Variable-rate Transactions to highlight the proposed revisions to to the disclosure requirements of § 226.19(b). 19(b) Certain variable-rate transactions the text of the staff commentary. New i. Renewable balloon-payment instruments In December 1997, the Board revised language is shown inside bold-faced where the creditor is both unconditionally the requirements in § 226.19(b)(2) arrows, while language that would be obligated to renew the balloon-payment loan deleted is set off with bold-faced at the consumer’s option (or is obligated to concerning the disclosure of a fifteen- renew subject to conditions within the year historical example of interest rates brackets. Comments are numbered to consumer’s control) and has the option of and payments. (62 FR 63441, December comply with Federal Register increasing the interest rate at the time of 1, 1997.) The amendments to publication rules. renewal. (See comment 17(c)(1)–11 for a § 226.19(b)(2) provide creditors with the For the reasons set forth in the discussion of conditions within a consumer’s option of giving a statement that the preamble, the Board proposes to amend control in connection with renewable periodic payments may increase or 12 CFR part 226 as follows: balloon-payment loans.) decrease substantially together with the ii. Preferred-rate loans where the terms of maximum interest rate and payment PART 226ÐTRUTH IN LENDING the legal obligation provide that the initial (REGULATION Z) underlying rate is fixed but will increase amount for a $10,000 loan amount in upon the occurrence of some event, such as lieu of having to give the fifteen-year 1. The authority citation for part 226 an employee leaving the employ of the historical example. creditor, and the note reflects the preferred The Board proposes technical continues to read as follows: rate. The disclosures under § 226.19(b)(1) and amendments to comment 19(b)-5 to Authority: 12 U.S.C. 3806; 15 U.S.C. 1604 226.19(b)(2)(v), (viii), (ix), [(x) and (xiii)] conform the citations in the comment to and 1637(c)(5). ∫and (xii)ª are not applicable to such loans. § 226.19(b)(2), as amended. No iii. ‘‘Price level adjusted mortgages’’ or 2. In Supplement I to Part 226, under substantive change is intended. other indexed mortgages that have a fixed Section 226.2—Definitions and Rules of rate of interest but provide for periodic Subpart E—Special Rules for Certain Construction, under 2(a)(14) Credit., a adjustments to payments and the loan Home Mortgage Transactions new paragraph 2. would be added to balance to reflect changes in an index read as follows: measuring prices or inflation. The Section 226.32—Requirements for disclosures under § 226.19(b)(1) are not Certain Closed-end Home Mortgages Supplement I to Part 226—Official applicable to such loans, nor are the 32(a) Coverage Staff Interpretations following provisions to the extent they relate 32(a)(1)(ii) * * * * * to the determination of the interest rate by
VerDate 29-OCT-99 15:36 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\05NOP1.XXX pfrm04 PsN: 05NOP1 60370 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules the addition of a margin, changes in the DATES: Please send your comments to us • Receives the approval of a majority interest-rate, or interest-rate discounts: on or before February 3, 2000. of the institution’s voting stockholders; Section 226.19(b)(2)(i), (iii), (iv), (v), (vi), ADDRESSES • Pays or adequately provides for the (vii), (viii), ∫andª (ix)[, and (x)]. (See : We encourage you to send comments 20(c)–2 and 30–1 regarding the comments via electronic mail to ‘‘reg- payment of all its outstanding debt inapplicability of variable-rate adjustment [email protected]’’ or through the Pending obligations; notices and interest-rate limitations to price- Regulations section of our interactive • Pays to the Farm Credit Insurance level-adjusted or similar mortgages.) website at ‘‘www.fca.gov.’’ You may Fund (Insurance Fund) an amount by iv. Graduated-payment mortgages and step- mail or deliver comments to Patricia W. which the institution’s capital exceeds 6 rate transactions without a variable-rate DiMuzio, Director, Regulation and percent of its assets; and feature are not considered variable-rate • transactions. Policy Division, Office of Policy and Fulfills any other conditions that Analysis, 1501 Farm Credit Drive, we, by regulation, consider appropriate. * * * * * McLean, VA, 22102–5090 or send by 4. In Supplement I to Part 226, under In addition to the requirements of facsimile transmission to (703) 734– Section 226.32—Requirements for section 7.10, section 7.11 of the 1971 5784. You may review copies of all Certain Closed-End Home Mortgages, Act requires that any plan of comments we receive in the Office of under 32(a)(1)(ii), paragraph 2.v. would termination, including all information Policy and Analysis, FCA. be added to read as follows: to be distributed to the stockholders, FOR FURTHER INFORMATION CONTACT: must be submitted to us for approval * * * * * Alan Markowitz, Senior Policy Analyst, prior to the stockholder vote. Section Subpart E—Special Rules for Certain Home Office of Policy and Analysis, Farm 7.11 requires us to act on the plan of Mortgage Transactions Credit Administration, McLean, VA termination and related disclosure * * * * * 22102–5090, (703) 883–4479; materials within 60 days of their Section 226.32—Requirements for Certain or submission to us. If we take no action, Closed-End Home Mortgages Rebecca S. Orlich, Senior Attorney, the institution may submit its proposal to stockholders. If we disapprove the 32(a) Coverage. Office of General Counsel, Farm Credit Administration, McLean, VA plan, our notice to the institution must * * * * * specify the reasons for disapproval. Paragraph 32(a)(1)(ii). * * * 22102–5090, (703) 883–4020, TDD On December 18, 1989, we published * * * * * (703) 883–4444. SUPPLEMENTARY INFORMATION: an Advance Notice of Proposed 2. Annual adjustment of $400 amount. 2 *** Rulemaking (ANPRM) requesting I. Objectives comments on the manner and process * * * * * for implementing the new termination ∫v. For 2000, $451, reflecting a 2.3 percent The objectives of our proposed rule increase in the CPI–U from June 1998 to June are to: procedures. On July 12, 1990, we 1999, rounded to the nearest whole dollar.ª • Provide a termination procedure for published a proposed rule authorizing Farm Credit associations and banks that the termination of Farm Credit status for * * * * * 3 By order of the Board of Governors of the implements section 7.10 of the Farm small associations only. An association Federal Reserve System, acting through the Credit Act of 1971, as amended (1971 is defined as ‘‘small’’ when its Secretary of the Board under delegated Act); investment in its affiliated Farm Credit authority, November 1, 1999. • Ensure that all equity holders of a Bank (FCB) is 25 percent or less of the Jennifer J. Johnson, terminating institution are treated fairly bank’s capital, or when its loan from the Secretary of the Board. and equitably; FCB totals 25 percent or less of the • [FR Doc. 99–29004 Filed 11–4–99; 8:45 am] Ensure that stockholder disclosure bank’s total loans. On January 30, 1991, BILLING CODE 6210±01±P materials are easy to read and we published the current final rule that understand; establishes the procedure for small • Ensure that the remaining FCS associations.4 FARM CREDIT ADMINISTRATION institutions can continue fulfilling their On March 19, 1993, we published a congressional mandate of serving the proposed rule establishing a procedure 12 CFR Part 611 credit needs of farmers, ranchers, and for the termination of large associations, cooperatives; and FCBs and banks for cooperatives (BCs) RIN 3052±AB86 • Ensure that the remaining FCS and revisions to the regulations on the Organization; Termination of Farm institutions are able to operate safely termination of FCS status for small 5 Credit Status and soundly. associations (1993 proposed rule). The 1993 proposed rule also included II. Background AGENCY: Farm Credit Administration. requirements enacted in the Farm Credit 1 ACTION: Proposed rule. The Agricultural Credit Act of 1987 Banks and Associations Safety and (1987 Act) amended the 1971 Act by Soundness Act of 1992 (1992 Act).6 The SUMMARY: This proposed rule will adding section 7.10—Termination of 1992 Act amended the 1971 Act by amend Farm Credit Administration’s System Institution Status. Section 7.10 increasing our time to review the (FCA) regulations that will allow a Farm allows an FCS institution to terminate application from 30 days to 60 days and Credit System (FCS, Farm Credit or its status as a Farm Credit institution if clarifying provisions for the repayment System) institution to terminate its FCS the institution: of assistance for debt obligations issued charter and become a financial • Provides advance notice to us at by the Farm Credit System Financial institution under another Federal or least 90 days before termination; Assistance Corporation (FAC). State chartering authority. The purpose • Receives Federal or State approval of our proposal is to amend the existing of a charter for a bank, savings and loan 2 See 54 FR 51763. regulations so they apply to all banks or other financial institution; 3 See 55 FR 28639. and associations and to make other • Receives our approval; 4 See 56 FR 3397. changes. We also withdraw a proposed 5 See 58 FR 15099. termination rule published in 1993. 1 Public Law 100–233, 101 Stat. 1568 (1988). 6 Public Law 102–552, 106 Stat. 4102 (1992).
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After the comment period for the 1993 6. System institutions with other sections of these regulations. We proposed rule closed, we decided that investments in a terminating institution propose to replace the definition of additional public comment was needed. have the option to exchange their ‘‘GAAP’’ with a reference to the On July 26, 1993, we published a investments for equity in the successor definition of ‘‘generally accepted resolicitation of comments that institution. In the existing rule and the accounting principles’’ in our explained how the exit fee was to be 1993 proposal, the terminating accounting regulations, which are in calculated and provided examples. In institution must retire equity held by part 621 of this chapter. Our proposal addition, we clarified other provisions other System institutions (other than an would move the definition of ‘‘assets’’ of the 1993 proposed rule. affiliated bank) at termination. from existing § 611.1240 to this section, We took no further action on the 1993 7. In the existing rule and the 1993 because the term is also used in other proposed rule. We now withdraw the proposal, the adjusted book value of sections of the termination regulations. 1993 proposal and propose amendments dissenting stockholders’ equities is to the existing rule. This proposal has calculated after the exit fee. The Section 611.1210 Commencement similarities to the existing rule and the terminating institution must, in effect, Resolution and Advance Notice 1993 proposal but differs in several pay dissenting stockholders out of the significant respects as follows: total capital the successor institution We propose to amend § 611.1210(b)(1) 1. There are no separate subparts for may retain. In our proposal, a dissenting by requiring the terminating institution FCB and agricultural credit bank stockholder receives the adjusted book to send a certified copy of the terminations. The 1993 proposal had value for his equity, calculated before commencement resolution to us and the three separate subparts. the exit fee is paid. The terminating Farm Credit System Insurance 2. The date on which a terminating institution pays dissenting stockholders Corporation (FCSIC). A terminating institution’s exit fee is calculated is the before the calculation of the total capital association must also send a copy to its termination date. The information it may retain for the successor affiliated bank. A terminating bank must statement will include a ‘‘preliminary institution. In addition, the calculation also send a copy to its affiliated exit fee estimate,’’ calculated as of the of a non-terminating association’s associations, the other FCS banks, and quarterend before the termination interest in a terminating bank is the Federal Farm Credit Banks Funding application is filed, with any unchanged from the 1993 proposal. Corporation (Funding Corporation). We adjustments we may require. In the 8. A terminating bank’s payment to would revise § 611.1210(b)(2) to clarify existing rule and 1993 proposal, the the FAC is to be based only on the retail that the brief announcement to all date of the exit fee calculation is the loan volume of the bank, the equity holders must describe the quarterend before the termination associations terminating with it, and specific effect of termination on the application is filed. any association maintaining its direct equities held and on any borrower 3. A terminating institution must pay loan with the terminating bank after rights. 110 percent of the preliminary exit fee termination. The 1993 proposal did not estimate, with any adjustments we may Existing § 611.1210(c)(1) requires a specify whether the retail loan volume require, into an escrow account on the terminating institution to submit to us of a non-terminating affiliated termination date. It must also pay into an estimate of its exit fee with an association would be included in the escrow 110 percent of the amount of explanation of how it was calculated. calculation of a terminating bank’s FAC stock retirements to dissenting We propose to eliminate this payment. requirement. We also propose to stockholders and System institutions. 9. We have rewritten the rule using eliminate existing § 611.1210(c)(2) and After an independent audit to determine plain language principles. Those (3), which contain a procedure for the the final exit fee, the escrow agent will principles are: short sentences; minimal FCA to confirm the terminating disburse the funds. use of defined terms and highly 4. A terminating association may technical words; the active voice; and institution’s exit fee before submission repay its direct loan on a schedule the use of ‘‘we’’ or ‘‘us’’ for the FCA and of the termination application. We agreed to by its bank, without a time ‘‘you’’ for the terminating institution. believe that we can review the limit on the repayment period. In the Below is a section-by-section analysis terminating institution’s exit fee existing rule and the 1993 proposal, the of the proposed rule. calculations during our 60-day statutory association must repay the loan in 3 review period. III. Section-by-Section Analysis years or less. Proposed § 611.1210(c) would require 5. A Farm Credit bank does not have Our section-by-section analysis of the a terminating bank to begin negotiations to enter into an agreement with a proposed rule generally discusses only with the remaining FCS banks on the terminating affiliated association those sections where we have terminating bank’s satisfaction of its regarding when the bank will retire the recommended substantive changes. share of Systemwide obligations under association’s investment. Instead, the bank may retire the investment Section 611.1200 Applicability of section 4.4 of the 1971 Act. The according to an existing capital These Regulations Funding Corporation, at its option, may revolvement plan or may make some participate in these negotiations and be This section is amended to be a party to the agreement referred to in other retirement agreement with the applicable to all FCS banks and association. In the absence of a § 611.1260(c) to the extent necessary for associations. The existing rule applies the Funding Corporation to fulfill its revolvement plan or other agreement only to small associations. with the association, the bank must duties with respect to financing and retire the investment on or before the Section 611.1205 Definitions That disclosure. date the association (or the successor Apply in Subpart P Proposed § 611.1210(e) allows a institution) repays its direct loan. In the We propose a number of changes to terminating bank to continue to existing rule and the 1993 proposal, the this section. The terms ‘‘terminating participate in Systemwide debt FCA must specify how the investment is association,’’ ‘‘terminating resolution,’’ obligations until the date of termination. retired if the bank and the association and ‘‘termination vote’’ would be Existing § 611.1210(e) has been cannot agree. deleted since they are explained in redesignated as (f).
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Section 611.1215 Prohibited Acts language saves the Government and the the change made to section 7.11(a)(2) of 7 We propose to redesignate existing public time, effort, and money. the 1971 Act by the 1992 Act. In § 611.1226 as § 611.1215. This section is Our proposal has a requirement to proposed new § 611.1230(b), we would substantially similar to the existing rule draft the information statement in a retain the right to deny a termination if on prohibited acts, except that we have clear, concise and understandable we determine that the termination expanded its application to prospective, manner using: would have a material adverse effect on • as well as current, equity holders. Short sentences; the ability of the remaining FCS • Active voice; institutions to adequately serve Section 611.1220 Filing of • Tabular presentation or bullet lists agriculture. We do not believe Congress Termination Application for complex material, whenever intended section 7.10 to jeopardize the We propose to redesignate existing possible; and ability of the System to continue to § 611.1211 as § 611.1220. The substance • No legal jargon or highly technical fulfill its congressional mandate of of this section is unchanged from the business terms. serving the credit needs of farmers, existing rule, except that we would Our proposal is modeled on the plain ranchers and their cooperatives. require five copies of a termination English rule of the Securities and Finally, existing § 611.1215(f) is application. This is the same number of Exchange Commission (SEC) that redesignated as § 611.1230(d). We copies we require for other types of applies to prospectuses.8 The SEC’s propose to clarify that, if a corporate applications, such as mergers. rule, which went into effect on October reconsideration vote is held, the However, should an institution send us 1, 1998, is the result of a joint effort by termination cannot occur earlier than 15 the application in electronic form, it that agency and a number of regulated days after the reconsideration vote. companies to improve their disclosure must send us at least one hard copy Section 611.1240 Voting Record Date documents for the benefit of investors, application with original signatures. and Stockholder Approval their ultimate users. Our new Section 611.1221 Filing of requirement would give the same We propose to redesignate existing Termination Application—Timing benefit to the stockholders of a § 611.1220 as § 611.1240. While we have We propose to redesignate existing terminating institution by applying the rewritten this section, it does not differ § 611.1212 as § 611.1221. We propose to same general principles to the in substance from the existing rule. eliminate the references to the filing information statement. Section 611.1245 Stockholder date and the 10-day review period for Proposed § 611.1223(d)(2) contains a Reconsideration technical completeness in existing new requirement to specify the amounts § 611.1212(a) and (b). We also propose of the estimated exit fee and the We propose to redesignate existing to reduce the 60-day advance notice estimated expenses of termination and § 611.1235 as § 611.1245. We have requirement in existing § 611.1212(c) to organization of the successor institution. streamlined and simplified this section 30 days. If we receive the termination It also separates the statutory and amended the provision to require application less than 30 days after requirement to list the benefits and that stockholders submit the petition to receiving the advance notice as required disadvantages of the termination from us rather than the institution for review. by redesignated § 611.1221(b), we may the explanation of the board’s basis for Section 611.1250 Preliminary Exit Fee disapprove the application. The 30-day recommending the termination. We Estimate time period is now adequate as a result believe a separate discussion of this of statutory changes that provided us This proposal contains significant information will be important to revisions to the timing of the exit fee with an additional 30 days to act on a stockholders in their evaluation of the termination application. calculations for banks and associations. termination proposal. The rest of First, in proposed § 611.1250 we add a Section 611.1222 Plan of proposed § 611.1223 contains ‘‘preliminary exit fee estimate’’ Termination—Contents substantially the same requirements as requirement to be calculated as of the the existing rule except that we propose We propose to redesignate existing quarterend before the institution files its to require a balance sheet and income § 611.1230 as § 611.1222. This section is termination application. Second, the statement for each of the 3 preceding substantially similar to the existing rule. computation date for the ‘‘final exit years. We believe it is important for fee,’’ which is described in proposed Section 611.1223 Information stockholders to have an additional year § 611.1255, would be the actual Statement—Contents of financial information to review to termination date. These proposals differ We propose to redesignate § 611.1225 provide a complete picture of the from the existing rule, which requires as § 611.1223. Proposed § 611.1223 has proposed termination. the institution to estimate its exit fee a new requirement to draft the Section 611.1230 FCA Review and after the commencement resolution and information statement according to Approval to calculate the actual exit fee as of the plain language principles. We believe quarterend before filing the termination We propose to redesignate § 611.1215 System institutions should make their application. as § 611.1230. We propose to amend this communications with stockholders easy We believe that calculating the exit section to remove the references to the to read and understand, just as we have fee on the termination date is more filing date and extend our review period undertaken to do in communications consistent with the 1971 Act’s from 30 days to 60 days, to implement with System institutions and the public. requirement. A calculation at this later Since last October, we have been date allows us to take into account all 7 Presidential Memorandum on Plain Lanauge in complying with a Presidential directive Government Writing (63 FR 31883, June 10, 1998). of the financial changes that occur up to to write communications in plain, The FCA, as an independent agency, is not and including the final date on which everyday language and use short obligated to comply but is doing so voluntarily. the institution is chartered as a System sentences, the active voice, and the 8 The SEC’s plain English rule for prospectuses is institution. We would still require an set forth at 17 CFR 230.421. For additional pronoun ‘‘you’’ where appropriate. We guidance, you should consult the SEC’s plain estimate of the exit fee as of the strongly endorse the President’s English Handbook, which is available on the SEC’s quarterend before the terminating directive and believe that using plain website at www.sec.gov. institution files its application. This
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.213 pfrm03 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60373 estimated exit fee, with any adjustments intended to include nominal The third step is combining the bank’s we require, would be used to explain transactions or most expenses that occur adjusted balance sheet with the adjusted the costs of termination to stockholders in the normal course of business. We do balance sheets of the terminating in the information statement. expect a terminating institution to associations in conformity with GAAP, Proposed § 611.1250(a) explains how include non-routine or significant using cross-elimination methods. For to calculate the preliminary exit fee transactions such as retirements of purposes of termination, total capital is estimate for an association. Assets and equities, loan repayments, gains or calculated by subtracting the adjusted liabilities would continue to be based losses on the sale of assets, and liabilities from adjusted assets of the on the average daily balances for the 12 patronage distributions. combined balance sheets. Lastly, the months ending on the computation date. On the liability side of the balance adjusted assets of the combined balance We have also kept the requirements that sheet, a terminating must subtract from sheets are multiplied by 6 percent. the account balances be independently liabilities any GAAP liability that we Subtracting this amount from the total audited and conform with GAAP. We treat as regulatory capital for capital or capital results in the preliminary exit may waive the requirement for an collateral purposes. We believe this fee estimate for the combined entity. independent audit if one was performed approach is fair and equitable, and it is The bank’s portion will be the as of a date less than 6 months before consistent with the treatment of difference between the preliminary exit the filing of the termination application. regulatory capital by the other Federal fee estimate of the combined balance As described below, we propose to financial institution regulatory agencies. sheets and the total of exit fees for the require a terminating association to add A terminating institution must also terminating associations calculated in or subtract certain amounts from the make any adjustments that we require the first step. Although it is unlikely, if assets and liabilities. Some of these under § 611.1250(c), as we do under the exit fees of the terminating amounts must be calculated on an existing § 611.1240(e). associations exceed the exit fee of the average daily balance in order not to After making the necessary combined entity, the associations would distort the effect of adding or adjustments to assets and liabilities, the pay their exit fees, and the bank would subtracting the amounts. Other preliminary total capital will be have no exit fee. amounts, which are estimates of future calculated by subtracting liabilities from Proposed § 611.1250(c) is essentially transactions or expenses that we expect assets. The preliminary exit fee estimate the same as § 611.1240(e) in the existing to be recorded on or close to the will be the amount by which the total regulations. It provides that we will termination date, will not be averaged capital exceeds 6 percent of assets, as review the transactions of the institution for this calculation. adjusted. We have kept the requirement that the Proposed § 611.1250(b) explains how for the 3-year period prior to the terminating association must add back to calculate the preliminary exit fee termination resolution and will require to assets expenses it has incurred estimate when the terminating adjustments, in order to assure that because it is seeking to terminate its institution is a bank. The exit fee for a account balances are accurate. In System status. We continue to believe bank is based on the combined balance addition, we may require adjustments to that termination expenses are sheets of the bank and any affiliated reverse the effect of transactions outside organizational expenses of the successor associations that are terminating with it. the ordinary course of business. institution and are its responsibility. The bank’s portion would be the Section 611.1255 Exit Fee Calculation Thus, we propose not allowing such difference between the exit fee based on expenses when determining the exit fee. the combined balance sheets and the We propose to redesignate existing In the 1993 proposed rule, we exit fees for the terminating associations § 611.1240 as § 611.1255. We are proposed to allow terminating calculated as if they were terminating proposing to move the definition for institutions to subtract from their exit alone. If there are no associations assets that is in existing § 611.1240 to fees the FAC liabilities and certain tax terminating with the bank, the exit fee § 611.1205 and to remove the liabilities that are due as a result of is based solely on the bank’s balance definitions for total capital and terminating. We are again allowing the sheet. contingent liabilities as unnecessary. deductions in this proposed rule, but The first of four steps in calculating Proposed § 611.1255(a) describes the the deductions will be from assets a bank’s preliminary exit fee estimate is exit fee calculation for a terminating instead of the exit fee. This proposed to calculate the exit fee for the association. The final exit fee amendment would not materially affect terminating associations as if they were calculation is similar to the preliminary the amount of the exit fee to be paid. terminating alone, according to exit fee estimate, but there are several The tax liability we refer to in § 611.1250(a). The second step is to differences. One difference is that proposed § 611.1250(a)(4)(ii)(B) adjust the bank’s assets in the same amounts estimated for the preliminary generally relates to patronage manner as for an association, with the exit fee estimate will be known, and distributions that some banks allocated following three exceptions. A adjustments will be made for actual to their associations prior to the terminating bank must: amounts. Another difference is that a issuance of Statement of Financial • Subtract from assets the average terminating association must account Accounting Standards No. 109. We daily balances of the equity investments for the retirement of equities of believe that the net value of such held by affiliated associations that are dissenting stockholders. To account for patronage to the institution should be not terminating. these retirements, the association must the same, whenever received, and • Subtract from assets and liabilities subtract from assets the equity retired to therefore believe that it is appropriate to the direct loans to affiliated associations dissenting stockholders on the calculate capital based on the after-tax that are not terminating. termination date before computing the impact of all patronage distributions. • Add to assets the estimated amount exit fee. Dissenters’ equity is not A terminating institution must make of FAC payments it will receive from deducted in the preliminary exit fee adjustments to assets and liabilities for the terminating institutions. This offsets estimate because a terminating significant future transactions that it the deduction the bank makes when it institution would not know or be able reasonably expects to occur on or before adjusts its balance sheet for its payment to reasonably estimate the number of the termination date. This is not to the FAC. dissenters or the amount of their equity.
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Subtracting payments to dissenters independent audit of the terminating § 611.1260(d) defines the appropriate from assets before calculating total institution as of the termination date. discount rate that would be used. The capital is a change from the existing The final account balances and final exit rate would be the non-interest bearing regulation. In the existing regulation, fee will not be known, and the final U.S. Treasury security rate with a because the exit fee is calculated before audit will not be completed, for several maturity as near as possible to the dissenting stockholders’ equities are weeks or months after the termination. period remaining until the terminating retired, the terminating institution in Thus, the estimated exit fee must be association’s FAC obligations would be effect pays the dissenters out of the held in escrow until we know the final due. capital it would otherwise take to the account balances and have calculated Section 611.1265 Retirement of successor institution. Another change the final exit fee. In addition, the equities—Terminating Association from the existing regulation is in terminating institution also must determining the book value of deposit in escrow an amount equal to We propose to redesignate § 611.1255 dissenting stockholders’ equity. We 110 percent of the equity retired to as § 611.1265. This section would propose to determine it before the exit dissenting stockholders pending the continue to apply only to the fee is calculated. In the existing final audit. termination of an association. Existing regulation, the book value is determined Proposed § 611.1255(d) describes the § 611.1255(a) authorizes a Farm Credit based on the capital the institution has pay-out of escrow following completion Bank to retire equities owned by a after it pays the exit fee. In re-examining of the independent audit. Following the terminating association on the date of this issue, we decided to make this audit, we will calculate the final exit fee termination or in phases after the date change so that all stockholders whose and the amount owed to stockholders. of termination, in accordance with a equity in the terminating institution is We will direct the escrow agent to pay written agreement between the bank and retired, including retail borrowers and the exit fee to the Insurance Fund and the association. The existing rule limits non-terminating associations, would be to pay amounts owed to dissenting the phased retirement to the earlier of treated in the same manner. Another stockholders. The escrow agent will the date on which the terminating reason for the change is that the book then return any remaining amounts to association repays all indebtedness to value would be similar to what it would the successor institution. If the its bank or 3 years from the date of be if the association liquidated instead. escrowed funds are not enough to cover termination. Should the bank and the Proposed § 611.1255(b) describes the the exit fee or the amounts owed to terminating association fail to reach an final exit fee calculation for a stockholders, proposed § 611.1255(e) agreement on when to retire the bank’s terminating bank. As is the case with a requires the successor institution to pay equities, existing § 611.1255(b) terminating association, the final exit any shortfall to the escrow agent for authorizes either party to request our fee calculation for a bank is similar to distribution to the appropriate parties. review of the most recent proposals the preliminary exit fee estimate. Again, We will require the terminating along with the points of disagreement. the main differences between the institution to sign a statement binding The existing rule states that we may preliminary estimate and the final exit the successor institution to pay require the bank to retire the fee are that actual values are used additional amounts owed to dissenting terminating association’s equities under instead of estimates and the bank must stockholders and System institutions. conditions that we impose. subtract the equity retirements of We propose to amend existing Section 611.1260 Payment of Debts dissenting stockholders as part of the § 611.1255(a) and (b) by: (1) Removing and Assessments—Terminating final exit fee calculation. The amount is the 3-year limitation for a terminating Association subtracted from assets before calculating association’s affiliated bank to retire the exit fee. In addition, the bank must We propose to redesignate existing purchased and allocated equities held subtract from assets and liabilities the § 611.1250 as § 611.1260. Proposed by the association; (2) eliminating our direct loans to non-terminating affiliated § 611.1260 would continue to apply role in deciding how retirements must associations only if they repay or only to terminating associations. We occur when a terminating association transfer their loans before the bank propose to delete existing § 611.1250(b) and its affiliated bank cannot agree; and terminates. because we believe it is unnecessary. (3) redesignating § 611.1255(a) and (b) Proposed § 611.1255(c) covers We propose to redesignate § 611.1250(c) as § 611.1265(b) and (c). Our proposal payment of the exit fee and retirements as § 611.1260(b) and remove the 3-year would authorize the affiliated bank to of equity to dissenting stockholders. The limitation for a terminating association retire purchased and allocated equities terminating institution must deposit in that does not become an ‘‘other held by the terminating association in an escrow account, acceptable to the financing institution’’ to repay its debt accordance with the terms of a capital FCSIC and us, an amount equal to 110 obligations to its affiliated bank. revolvement plan or other agreement percent of the preliminary exit fee Without the time limit, a bank will have between the bank and the association. If estimate with adjustments based on the flexibility to set its own repayment there is no agreement, these equities information available on the termination terms as necessary for the bank to must be retired no later than when the date. We will adjust the preliminary exit manage the risk on its balance sheet and terminating association pays off its loan fee estimate to account for stock its debt structure. However, if a from the bank. However, any equity retirements to dissenting stockholders terminating association is unable to retirement by the bank is subject to its and System institutions, and any other reach agreement with its bank for having adequate capital and remaining adjustments we require. We believe this repaying its obligations, the association in a safe and sound condition as will be more accurate than using the must repay its obligations at required by proposed § 611.1265(a). preliminary exit fee estimate disclosed termination. We also propose new Section 611.1255(a) of the existing in the information statement because it § 611.1260(d) that requires a terminating rule prohibits a bank from retiring replaces the estimated amounts for FAC association to pay its FAC debt equities owned by a terminating obligations, taxes, and other expenses obligations to its affiliated bank as association if such retirement would with actual amounts. It also includes required by section 6.26 of the 1971 Act. result in the bank’s failure to meet stock retirements. As stated above, the In response to comments received in minimum capital requirements. In final exit fee must be based on an response to the 1993 proposal, proposed addition, existing § 611.1255(c) states
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The investment must from retiring a terminating association’s the banks enter into an agreement to include purchased and allocated equities if we determine that the bank make adequate provision for payment of equities and the association’s pro rata would otherwise be in an unsafe or the terminating bank’s joint and several share of the bank’s unallocated surplus. unsound condition. liability. If the terminating bank and the In new § 611.1265(c), we clarify that other FCS banks are unable to reach Section 611.1280 Dissenters’ Rights a bank’s retirement of a terminating agreement within 90 days before the association’s equity is limited to the par proposed date of termination, the FCA This section appears in the existing or face value of purchased or allocated will specify the manner in which the rule as § 611.1260. Proposed § 611.1280 equities. A bank may not pay any terminating bank will make adequate addresses the rights of equity holders portion of its unallocated surplus to a provision for the payment of its joint who dissent from the termination and terminating association. and several liability and the manner in requires that dissenters receive cash in We propose to delete the which we will make joint and several exchange for their interests in the requirements in existing § 611.1255(d) calls for those obligations outstanding terminating institution. A dissenting and (e) for associations to retire FAC- on the termination date. stockholder is: preferred stock prior to termination Proposed § 611.1270(c)(3) clarifies • An equityholder other than a since all shares of FAC-preferred stock that, notwithstanding any other System institution that was eligible to were redeemed before 1995. We also provision in the regulations on how vote on the termination resolution and propose changes to § 611.1255(e) to give calls would be made by us on defaulted voted against the termination, or a Farm Credit institution with an equity obligations, the terminating bank would interest in a terminating association the remain liable under section 4.4 of the • An equityholder on the termination option of having the investment retired 1971 Act for all issues outstanding on date that was ineligible to vote. or maintaining its investment in that the termination date until they are The proposal would give dissenting association after it terminates. However, repaid. stockholders the right to have their should a Farm Credit institution decide Proposed § 611.1270(d) reflects the equities in the terminating institution to maintain its investment in a statutory amendments made by the 1992 terminating institution, that investment Act governing the repayment of FAC retired on the termination date. The would be included in the assets on obligations by a terminating bank. We proposal would entitle dissenting which the exit fee is calculated. This propose to require a terminating bank to stockholders to the adjusted book value could result in a reduction in the value base the calculation of its FAC payment of their equity in accordance with the of the investment when compared to the on the retail loan volume of the bank priorities set forth in the liquidation value of the equity if it were retired at and those associations that are provisions of the terminating termination. terminating with the bank or that will institution’s bylaws. The proposal continue to have a direct loan differs from existing § 611.1260(c), Section 611.1270 Repayment of relationship with the successor which requires the amount paid to Obligations—Terminating Bank institution. If any of the bank’s affiliated dissenting stockholders to be calculated Proposed § 611.1270 establishes the associations choose to remain in the after the amount of the exit fee is procedure for a terminating bank to System and transfer their direct loans to deducted from assets. Proposed satisfy its obligations. We have another Farm Credit bank, the § 611.1280 eliminates deduction of the simplified the procedure that was calculation of the bank’s FAC payment exit fee. We believe that the proposed published in the 1993 proposal. In would not include the retail loan method provides dissenting addition, we have clarified several volume of those associations. In stockholders their pro rata share of provisions as a result of comments addition, it is our intention in this capital. However, this change is likely to received from both the 1993 proposal section to require the FAC to take into result in a lower exit fee than in the and the resolicitation. A terminating consideration loan volumes of previous existing regulation. We specifically seek bank must pay or make adequate years but not to require that the average comments on this. provision for payment of all its of those years be used to project future Existing § 611.1260(c)(ii) authorizes a outstanding obligations as of the loan volumes for the remaining years successor institution to issue termination date. In the 1993 proposal, before FAC obligations mature. We subordinated debt to dissenting we listed three options a terminating invite your comment and suggestions on stockholders for amounts in excess of bank may use to satisfy the Systemwide this point. and consolidated obligations on which par or face value. Proposed it is primarily liable. We have replaced Section 611.1275 Retirement of § 611.1280(e) eliminates the payment of this with a requirement in proposed equities—Terminating Bank subordinated debt to dissenting § 611.1270(c) to allow any method that Proposed § 611.1275(a) states that stockholders. Since dissenting would be acceptable to the remaining System institutions that hold equities in stockholders are paid before the FCS banks and us. a terminating bank have the right to calculation of the exit fee, there is no Proposed § 611.1270(c)(1) requires the have their equities retired on the longer a need for an institution to issue terminating bank and the other FCS termination date. Institutions may subordinated debt. The terminating banks to enter into an agreement, choose to maintain investments in a institution must pay dissenting subject to our approval, to satisfy terminating bank even if they vote stockholders in cash or make some other obligations issued under section 4.2 of against the termination. However, the arrangement that is satisfactory to each the 1971 Act on which it is not value of such equity could be reduced dissenting equityholder for their share primarily liable. This agreement must by the exit fee payment. Proposed of capital.
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Section 611.1285 Loan Refinancing by 611.1230 FCA review and approval. (2) Mail an announcement to all Borrowers 611.1240 Voting record date and equity holders stating you are taking stockholder approval. steps to terminate Farm Credit status We have redesignated § 611.1266 as 611.1245 Stockholder reconsideration. § 611.1285. Proposed § 611.1285(a), like and describing the following: 611.1250 Preliminary exit fee estimate. (i) The process of termination; existing § 611.1266, would require a 611.1255 Exit fee calculation. (ii) The expected effect of termination terminating institution to provide credit 611.1260 Payment of debts and on equity holders, including the effect and loan information about a borrower assessments-terminating association. on borrower rights and the to another FCS institution when 611.1265 Retirement of equities-terminating consequences of any stock retirements requested by a borrower seeking association. 611.1270 Repayment of obligations- before termination; refinancing with such institution. terminating bank. (iii) The type of charter the successor Proposed § 611.1285(b) would also 611.1275 Retirement of equities-terminating institution will have; and authorize any FCS institution to lend in bank. (iv) Any bylaw creating a special class a terminating institution’s territory 611.1280 Dissenters’ rights. of borrower stock and participation provided: 611.1285 Loan refinancing by borrowers. certificates under paragraph (f) of this • We have not assigned the 611.1290 Continuation of borrower rights. section. terminating institution’s territory to Subpart PÐTermination of System (c) Bank negotiations on joint and another FCS institution; and several liability. If you are a terminating • Institution Status The FCS institution seeking to lend bank, within 10 days of adopting the in a terminating institution’s territory is § 611.1200 Applicability of this subpart. commencement resolution you and the otherwise authorized by the 1971 Act These regulations apply to each bank other Farm Credit banks must begin and regulations to extend the type of and association that desires to terminate negotiations to provide for your credit provided by the terminating its System institution status and become satisfaction of joint and several liability institution. chartered as a bank, savings association on consolidated and Systemwide Section 611.1290 Continuation of or other financial institution. obligations under section 4.4 of the Act. Borrower Rights The Funding Corporation may, at its § 611.1205 Definitions that apply in this option, be a party to the negotiations to This section appears in the existing subpart. the extent necessary to fulfill its duties rule as § 611.1270. While we have Assets means all assets (less with respect to financing and rewritten this section, it does not differ appropriate valuation adjustments) disclosure. The agreement must comply in substance from the existing rule. determined in conformity with GAAP, with the requirements in § 611.1270(c). List of Subjects in 12 CFR Part 611 except as otherwise required in this (d) Disclosure to customers after subpart. commencement resolution. Between the Agriculture, Banks, banking, GAAP means ‘‘generally accepted date of the commencement resolution Organization and functions accounting principles’’ as that term is and the termination date, you must give (Government agencies), Rural areas. defined in § 621.2(c) of this chapter. the following information to your For the reasons stated in the OFI means an ‘‘other financing customers: preamble, we propose to amend part institution’’ that has a funding and (1) For each applicant who is not a 611 of chapter VI, title 12 of the Code discount agreement with a Farm Credit current stockholder, describe at the time of Federal Regulations as follows: bank under section 1.7(b)(1) of the Act. of loan application: Successor institution means the bank, (i) The effect of the proposed PART 611ÐORGANIZATION savings association, or other financial termination on the borrower’s loan; and 1. The authority citation for part 611 institution that the terminating bank or (ii) Whether the borrower will is revised to read as follows: association will become when we continue to have any of the borrower revoke its Farm Credit charter. rights provided under the Act and Authority: Secs. 1.3, 1.13, 2.0, 2.10, 3.0, regulations. 3.21, 4.12, 4.15, 4.20, 4.21, 5.9, 5.10, 5.17, § 611.1210 Commencement resolution and (2) For any equity holders who ask to 6.9, 6.26, 7.0–7.13, 8.5(e) of the Farm Credit advance notice. have their equities retired, explain that Act (12 U.S.C. 2011, 2021, 2071, 2091, 2121, (a) Adoption of commencement 2142, 2183, 2203, 2208, 2209, 2243, 2244, the retirement would extinguish the 2252, 2278a–9, 2278b–6, 2279a–2279f–1, resolution. Your board of directors must holder’s right to exchange those equities 2279aa–5(e)); secs. 411 and 412 of Public begin the termination process by for an interest in the successor Law 100–233, 101 Stat. 1568, 1638; secs. 409 adopting a commencement resolution institution. In addition, inform holders and 414 of Public Law 100–399, 102 Stat. stating your intention to terminate Farm of equities entitled to your residual 989, 1003, and 1004. Credit status under section 7.10 of the assets in liquidation that retirement 2. Revise subpart P to read as follows: Act. before termination would extinguish (b) Advance notice. Within 5 days their right to dissent from the Subpart PÐTermination of System after adopting the commencement termination and receive the adjusted Institution Status resolution, you must: book value of their equities. Sec. (1) Send a certified copy of the (e) Terminating bank’s right to 611.1200 Applicability of this subpart. commencement resolution to us and the continue issuing debt. Until the 611.1205 Definitions that apply in this Farm Credit System Insurance termination date, a terminating bank subpart. Corporation (FCSIC). If you are an may continue to participate in the 611.1210 Commencement resolution and association, also send a copy to your issuance of consolidated and advance notice. affiliated bank. If you are a bank, also Systemwide obligations to the same 611.1215 Prohibited acts. 611.1220 Filing of termination application. send a copy to your affiliated extent it would be able to participate if 611.1221 Filing of termination application- associations, the other Farm Credit it were not terminating. timing. banks and the Federal Farm Credit (f) Special class of stock. 611.1222 Plan of termination-contents. Banks Funding Corporation (Funding Notwithstanding any requirements to 611.1223 Information statement-contents. Corporation); the contrary in § 615.5230(b) of this
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.221 pfrm03 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60377 chapter, you may adopt bylaws (2) A copy of the plan of termination (2) Use short, explanatory sentences, providing for the issuance of a special required under § 611.1222; bullet lists or charts where helpful, and class of stock and participation (3) An information statement that descriptive headings and subheadings. certificates between the date of adoption complies with § 611.1223; (3) Minimize the use of glossaries or of a commencement resolution and the (4) All other information that you give defined terms. termination date. Your stockholders to current or prospective equity holders (4) Write in the active voice when must approve the special class before in connection with the termination; and possible. (5) Avoid legal and highly technical you adopt the commencement (5) Any additional information that resolution. The equities must comply business terminology. either we request or your board of (b) Disclaimer. Place the following with section 4.3A of the Act and be directors wishes to submit in support of identical in all respects to existing statement in boldface type in the the application. material sent to equity holders, either on classes of equities that are entitled to the (c) Requirement to update residual assets of the institution in a the notice of meeting or the first page of application. You must immediately the information statement: liquidation, except for the value a send us any material changes to holder will receive in a termination. In information in the plan of termination, The Farm Credit Administration has not determined if this information is accurate or a termination, the holder of the special including financial information, that class of stock receives value equal to the complete. You should not rely on any occur between the date you file the statement to the contrary. lower of either par (or face) value, or application and the termination date. In (c) Summary. The first part of the adjusted book value. A holder must addition, send us copies of any information statement must be a have the same right to vote (if the equity additional written information on the summary that concisely explains: is held on the voting record date) and termination that you give to current or to dissent as holders of similar equities (1) Which stockholders have a right to prospective equity holders before vote on termination; issued before the commencement termination. resolution. If the termination does not (2) The material changes the occur, the special classes of stock and § 611.1221 Filing of termination termination will cause to the rights of participation certificates must applicationÐtiming. stockholders, borrowers, and other automatically convert into shares of the equity holders; If we receive the termination (3) The effect of those changes; otherwise identical equities. application required in § 611.1220 less (4) The potential benefits and than 30 days after receiving the advance § 611.1215 Prohibited acts. disadvantages of the termination; notice, we may in our discretion (5) The right of certain stockholders to (a) Statements about termination. disapprove the application. dissent and receive cash for their Neither the institution nor any director, § 611.1222 Plan of terminationÐcontents. existing equities; and officer, employee or agent may make (6) The proposed termination date. any untrue or misleading statement of a The plan of termination must include: (d) Remaining requirements. The rest material fact, or fail to disclose any (a) Copies of all contracts, agreements, of the information statement must material fact, about the termination to a and other documents on the proposed contain the following: current or prospective equity holder. termination and organization of the (1) Plan of termination. Describe the (b) Representations regarding FCA successor institution. plan of termination. approval. Neither the institution nor (b) A statement of how you will (2) Benefits and disadvantages. any director, officer, employee or agent transfer assets to, and have your Provide the following information: may make an oral or written liabilities assumed by, the successor (i) An enumerated statement of the representation to anyone that a institution. anticipated benefits and potential preliminary or final approval of the (c) Your plan to retire outstanding disadvantages of the termination; termination by us is, directly or equities or convert them to equities of (ii) An explanation of the preliminary indirectly, either a recommendation on the successor institution. exit fee estimate, with any adjustments we require, and estimated expenses of the merits of the proposal or an (d) A copy of the charter application termination and organization of the assurance that the information given by for the successor institution, with any successor institution; and you to your equity holders is adequate exhibits or other supporting or accurate. (iii) An explanation of the board’s information. basis for recommending the termination. § 611.1220 Filing of termination (e) A statement, if applicable, whether (3) Initial board of directors. List the application. the successor institution will continue initial board of directors and senior to borrow from a Farm Credit bank and (a) Adoption of termination officers for the successor institution, how such a relationship will affect your with a brief description of the business resolution. Your board must adopt a provision for payment of debts. The termination resolution authorizing the experience of each person, including plan of termination must include principal occupation and employment application for termination and for a evidence of any agreement and plan for new charter. during the past 5 years. satisfaction of outstanding debts (4) Bylaws and charter. Summarize (b) Contents of termination (including amounts you owe to the the provisions of the bylaws and charter application. Send us an original and Farm Credit System Financial of the successor institution that differ five copies of the termination Assistance Corporation (FAC) because materially from your bylaws and application for review and preliminary of the termination). charter. The summary must state: approval. If you send us the application (i) Whether the successor institution in electronic form, you must send us at § 611.1223 Information statementÐ will require a borrower to hold an contents. least one hard copy application with equity interest as a condition for having original signatures. The application (a) Plain language requirements. a loan; and must contain: (1) Present the contents of the (ii) Whether the successor institution (1) A certified copy of the termination information statement in a clear, concise will require stockholders to do business resolution; and understandable manner. with the institution.
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(5) Changes to equity. Explain any (12) Differences in successor as if the termination had been effective changes in the nature of equity institution’s programs and policies. at the beginning of the interim period investments in the successor institution, Summarize any differences between you between the end of the last fiscal year such as changes in dividends, and the successor institution on: and the date of the balance sheet patronage, voting rights, preferences, (i) Interest rates and fees; presented under paragraph (d)(19)(i)(D) retirement of equities, and liquidation (ii) Collection policies; of this section. priority. If equities protected under (iii) Services provided; and (ii) The format for the balance sheet section 4.9A of the Act are outstanding, (iv) Any other item that would affect and income statement must be the same the information statement must state a borrower’s lending relationship with as the format in your annual report and that the Act’s protections will be the successor institution, including must contain appropriate footnote extinguished on termination. whether a stockholder’s ability to disclosures, including data on high-risk (6) Effect of termination on statutory borrow from the institution will be assets, other property owned, and and regulatory rights. Explain the effect restricted. allowance for losses. (13) Capitalization. Discuss expected of termination on rights granted by the (iii) The financial statements must capital requirements of the successor Act and FCA regulations. You must include either: institution, and the amount and method explain the effect termination will have (A) A statement signed by the chief of capitalization. on borrower rights granted in the Act executive officer and each board (14) Sources of funding. Explain the member that the various financial and subparts K, L, and N of part 614 of sources and manner of funding the this chapter. statements are unaudited, but have been successor institution’s operations. prepared in all material respects in (7) Loan refinancing by borrowers. (i) (15) Contingent liabilities. Describe State, as applicable, that borrowers may conformity with GAAP (except as how the successor institution will otherwise disclosed) and are, to the best seek to refinance their loans with the address any contingent liability it will System institution(s) that already serve, of each signer’s knowledge, a fair and assume from you. accurate presentation of the financial or will be permitted to serve, your (16) Tax status. Summarize the territory. State that no System condition of the institution; or differences in tax status between your (B) A signed opinion by an institution is obligated to refinance your institution and the successor institution, loans. independent certified public accountant and explain how the differences will that the various financial statements (ii) If we have assigned your territory affect stockholders. have been examined in conformity with to another System institution before the (17) Regulatory environment. Describe generally accepted auditing standards information statement is mailed to briefly how the regulatory environment and included such tests of the equity holders, or if another System for the successor institution will differ accounting records and other such institution is already chartered to make from your current regulatory auditing procedures as were considered the same type of loans you make in your environment, and any effect on the cost necessary in the circumstances, and, as territory, identify such institution(s) and of doing business or the value of of the date of the statements, present provide the following information: stockholders’ equity. fairly the financial position of the (A) The name, address, and telephone (18) Dissenters’ rights. Explain which institution in conformity with GAAP number of the institution; and equity holders are entitled to dissenters’ applied on a consistent basis, except as (B) An explanation of the institution’s rights and what those rights are. The explanation must include the estimated otherwise disclosed. procedures to apply for refinancing. (20) Subsequent financial events. (iii) If we have not assigned the liquidation value of the stock, procedures for exercising dissenters’ Describe any event after the date of the territory before you mail the information financial statements, but before the date statement, give the name, address and rights, and a statement of when the rights may be exercised. you send the termination application to telephone number of the System us, that would have a material impact institution specified by us and state that (19) Financial information. (i) Present the following financial data: on your financial condition or the borrowers may contact the institution condition of the successor institution. for information about loan refinancing. (A) A balance sheet and income statement for each of the 3 preceding (21) Other subsequent events. (8) Equity exchanges. Explain the fiscal years; Describe any event after you send the formula and procedure to exchange (B) A balance sheet as of a date within termination application to us that could equity in your institution for equity in 90 days of the date you mail the have a material impact on any the successor institution. termination application to us, presented information in the termination (9) Employment, retirement, and on a comparative basis with the application. severance agreements. Describe any corresponding period of the previous 2 (22) Other material disclosures. employment agreement or arrangement fiscal years; Describe any other material fact or between the successor institution and (C) An income statement for the circumstance that a stockholder would any of your senior officers (as defined in interim period between the end of the need to know to make an informed § 620.1 of this chapter) or directors. last fiscal year and the date of the decision on the termination, or that is Describe any severance and retirement balance sheet required by paragraph necessary to make the disclosures not plans that cover your employees or (d)(19)(i)(B) of this section, presented on misleading. directors and state the costs you expect a comparative basis with the (23) Ballot and proxy. Include a ballot to incur under the plans in connection corresponding period of the previous 2 and proxy, with instructions on the with the termination. fiscal years; purpose and authority for their use, and (10) Exit fee calculation. Explain how (D) A pro forma balance sheet of the the proper method for the stockholder to the exit fee will be calculated. successor institution presented as if sign the proxy. (11) New charter. Describe the nature termination had occurred as of the date (24) Board of directors certification. and type of financial institution the of the most recent balance sheet Include a certification signed by the successor institution will be and any presented in the statement; and entire board of directors as to the truth, conditions of approval of the new (E) A pro forma summary of earnings accuracy, and completeness of the chartering authority or regulator. for the successor institution presented information contained in the
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We will review statement required by § 611.1222 at least a termination application and either 30 days before the stockholder vote. § 611.1250 Preliminary exit fee estimate. give preliminary approval or disapprove (d) Voting procedures. The voting (a) Preliminary exit fee estimate- the application no later than 60 days procedures must comply with § 611.330. terminating association. You must after we receive the application. You must have an independent third provide a preliminary exit fee estimate (b) Reservation of right to disapprove party count the ballots. If a voting to us when you submit the termination termination. In addition to any other stockholder notifies you of the application. Calculate the preliminary reason for disapproval, we may stockholder’s intent to exercise exit fee estimate in the following order: disapprove a termination if we dissenters’ rights, the tabulator must be (1) Base your exit fee calculation on determine that the termination would able to verify to you that the stockholder the average daily balances of assets and have a material adverse effect on the voted against the termination. liabilities. Any amounts we refer to in ability of the remaining System Otherwise, the votes of stockholders this section are average daily balances institutions to fulfill their statutory must remain confidential. unless we specify that they are not. purpose. (e) Notice to FCA and equity holders Amounts that are not average daily (c) Conditions of final FCA approval. of voting results. Within 10 days of the balances will be referred to as ‘‘dollar We will give final approval to your termination vote, you must send us a amount.’’ termination application only if: certified record of the results of the vote. (2) Determine account balances in (1) Your stockholders vote in favor of You must notify all equity holders of the conformity with GAAP and have them termination in the termination vote and results within 30 days after the independently audited by a qualified in any reconsideration vote; stockholder meeting. If the stockholders public accountant, as defined in (2) You give us executed copies of all approve the termination, you must give § 621.2(i) of this chapter, as of the contracts, agreements, and other the following information to equity quarterend immediately before the date documents submitted under § 611.1222; holders: you send us your termination (3) You have paid or made adequate (1) Stockholders who voted against application. We may, in our discretion, provision for payment of debts and termination and equity holders who waive the audit requirement if an retirement of equities; were not entitled to vote have a right to independent audit was performed as of dissent as provided in § 611.1280; and (4) A Federal or State chartering a date less than 6 months before you (2) Voting stockholders have a right, authority has granted a new charter to submit the termination application. under § 611.1245, to file a petition with the successor institution; (3) Calculate the 12-month balances of the FCA for reconsideration within 35 (5) You deposit into escrow an assets and liabilities as of the quarterend days after the date you mail to them the immediately before the date you send us amount equal to 110 percent of the notice of the results of the termination estimated exit fee plus 110 percent of your termination application. vote. (4) Make adjustments to assets as the estimated amount you must pay to (f) Requirement to notify new equity follows: retire equities of dissenting holders. You must provide the (i) Add back expenses you have stockholders, as described in information described in paragraph incurred related to termination. Related § 611.1255(c); and (e)(1) of this section to each person that expenses include, but are not limited to, (6) You have fulfilled any other becomes an equityholder after the legal services, accounting services, condition of termination we have termination vote and before termination. imposed. auditing, business planning, and (d) Effective date of termination. If we § 611.1245 Stockholder reconsideration. application fees for the termination and grant final approval, we will revoke (a) Right to reconsider termination. reorganization. your charter, and the termination will Voting stockholders have the right to (ii) Subtract the following: be effective on the last to occur of— reconsider their approval of the (A) The dollar amount of your (1) Fulfillment of all conditions listed termination if a petition signed by 15 estimated payment (to your affiliated in paragraph (c) of this section; percent of the stockholders is filed with bank) related to FAC obligations; and (2) Your proposed termination date; us within 35 days after you mail notices (B) The dollar amount of your (3) Ninety (90) days after we receive to stockholders that the termination vote estimated taxes due to the termination. the notice described in § 611.1240(e); was approved. If we determine that the (iii) Adjust for the dollar amount of and petition complies with the requirements significant transactions you reasonably (4) Fifteen (15) days after any of section 7.9 of the Act, you must call expect to occur between the quarterend reconsideration vote. a special stockholders’ meeting to before you file your termination reconsider the vote. The meeting must application and termination. Examples § 611.1240 Voting record date and occur within 60 days after the date on of these transactions include, but are not stockholder approval. which you mailed to stockholders the limited to, gains or losses on the sale of (a) Stockholder meeting. You must results of the termination vote. If a assets, retirements of equity, loan call the meeting by written notice in majority of the stockholders voting, in repayments, and patronage compliance with your bylaws. The person or by proxy, vote against the distributions. Do not make adjustments stockholder meeting to vote on the termination, the termination may not for future expenses related to termination must occur within 60 days take place. termination, such as severance or of our preliminary approval (or, if we (b) Stockholder list and expenses. You special retirement payments, or stock take no action, within 60 days of the must, at your expense, timely give retirements to dissenting stockholders end of our approval period). stockholders who request it a list of the and Farm Credit institutions.
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(5) Subtract from liabilities any (A) Equity investments in you held by due to transactions that are outside your liability that we treat as regulatory non-terminating associations. A non- ordinary course of business; capital under the capital or collateral terminating association’s investment (iii) Dividends or patronage refunds requirements in subparts H and K of consists of purchased equities, allocated exceeding your usual practices; part 615 of this chapter. equities, and a pro rata share of the (iv) Changes in the institution’s (6) Make any adjustments we require bank’s unallocated surplus; capital plan, or in implementing the under paragraph (c) of this section. (B) The dollar amount of your plan, that increased or decreased the (7) After making these adjustments to estimated termination payment to the level of borrower investment; assets and liabilities, subtract liabilities FAC; and (v) Contingent liabilities, such as loss- from assets. This is your preliminary (C) The dollar amount of estimated sharing obligations, that can be total capital for purposes of termination. taxes due to the termination. reasonably quantified; and (8) Multiply assets as adjusted above (iv) Subtract from liabilities any (vi) Assets that may be overvalued, by 6 percent, and subtract this amount liability that we treat as regulatory undervalued or not recorded on your from preliminary total capital. This is capital under the capital or collateral books. your preliminary exit fee estimate. requirements in subparts H and K of (2) If we determine the account (b) Preliminary exit fee estimate— part 615 of this chapter. balances do not accurately show the terminating bank. (1) Affiliated (v) Adjust for the dollar amount of value of your assets and liabilities, we associations that are terminating with significant transactions you reasonably will make any adjustments we deem you must calculate their individual expect to occur between the quarterend necessary. In addition, we may require preliminary exit fee estimates as before you file your termination you to reverse the effect of a transaction described in paragraph (a) of this application and termination. Examples if we determine that: section. of these transactions include, but are not (i) You have retired capital outside (2) Base your exit fee calculation on limited to, retirements of equity, loan the ordinary course of business, the average daily balances of assets and repayments, and patronage (ii) You have taken any other actions liabilities. Any amounts we refer to in distributions. Do not make adjustments unrelated to core business that have the this section are average daily balances for future expenses related to effect of changing the exit fee, or unless we specify that they are not. termination, such as severance or (iii) You incurred expenses related to Amounts that are not average daily special retirement payments, or stock termination prior to the 12-month balances will be referred to as ‘‘dollar retirements to dissenting stockholders average daily balance period on which amount.’’ and Farm Credit institutions. the exit fee calculation is based. (3) We may require you to make these (3) The account balances must be in (6) Add to assets the dollar amount of adjustments to the exit fee estimate that conformity with GAAP and estimated termination payments of the is disclosed in the information independently audited by a qualified terminating associations related to FAC statement and to the final exit fee public accountant, as defined in obligations. calculation. § 621.2(i) of this chapter, as of the (7) Make any adjustments we require quarterend immediately before the date under paragraph (c) of this section. § 611.1255 Exit fee calculation. you send us your termination (8) After the above adjustments, (a) Final exit fee calculation- application. We may, in our discretion, combine your balance sheet with the terminating association. Calculate the waive this requirement if an balance sheets of your terminating final exit fee in the following order: independent audit was performed as of associations after they have made the (1) Base your exit fee calculation on a date less than 6 months before you adjustments required in paragraph (a) of the average daily balances of assets and submit the termination application. this section. Subtract liabilities from liabilities. Any amounts we refer to in (4) Calculate the 12-month balances of assets. This is your preliminary total this section are average daily balances assets and liabilities as of the quarterend capital for purposes of termination. unless we specify that they are not. immediately before the date you send us (9) Multiply the assets of the Amounts that are not average daily your termination application. combined balance sheet after the above balances will be referred to as ‘‘dollar (5) Make adjustments to assets and adjustments by 6 percent. Subtract this amount.’’ liabilities as follows: amount from the preliminary total (2) The account balances must be in (i) Add back to assets the following: capital of the combined balance sheet. conformity with GAAP and (A) Expenses you have incurred This is the preliminary exit fee estimate independently audited by a qualified related to termination. Related expenses of the bank and terminating affiliated public accountant, as defined in include, but are not limited to, legal associations. § 621.2(i) of this chapter, as of the services, accounting services, auditing, (10) Your preliminary exit fee termination date. business planning, and application fees estimate is the amount by which the exit (3) Calculate the 12-month balances of for the termination and reorganization; fee for the combined entity exceeds the assets and liabilities as of the and total of the individual preliminary exit termination date. Assume for this (B) Any specific allowance for losses, fee estimates of your affiliated calculation that you have not paid or and a pro rata portion of any general terminating associations. accrued the items described in allowance for loan losses on direct loans (c) Three-year look-back. (1) We will paragraph (a)(4)(ii) of this section. to an association that you do not expect review your transactions over the 3 (4) Make adjustments to assets and to incur before or at termination. years before the date of the termination liabilities as follows: (ii) Subtract from your assets and resolution under § 611.1220. Our review (i) Add back expenses related to liabilities an amount equal to the will include, but not be limited to, the termination. Related expenses include, average daily balances of your direct following: but are not limited to, legal services, loans to your affiliated associations that (i) Additions to or subtractions from accounting services, auditing, business are not terminating. any allowance for losses; planning, payments of severance and (iii) Subtract the following from (ii) Additions to assets or liabilities, or special retirements, and application fees assets: subtractions from assets or liabilities, for the termination and reorganization.
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(ii) Subtract from assets the following: (B) The amount of the termination (2) Deposit into an escrow account (A) The dollar amount of your payments to you by the terminating acceptable to us an amount equal to 110 termination payment (to your affiliated associations related to FAC obligations. percent of the equity you must retire for bank) related to FAC obligations; (ii) Subtract from your assets and dissenting stockholders and System (B) The taxes you will have to pay due liabilities your direct loans to affiliated institutions holding stock that would be to the termination; and associations that were paid off or entitled to a share of the remaining (C) Payments to retire the equities of transferred in the 12-month period assets in a liquidation. dissenting stockholders and Farm Credit before termination. (d) Pay-out of escrow. Following the institutions at termination. (iii) Subtract from your assets the independent audit of the institution’s (iii) Subtract from liabilities any following: account balances as of the termination liability that we treat as regulatory (A) Equity investments held in you by date, we will determine the amount of capital under the capital or collateral affiliated associations that you retired or the final exit fee and the amounts owed requirements in subparts H and K of transferred during the 12 months before to stockholders to retire their equities. part 615 of this chapter. termination. A non-terminating We will then direct the escrow agent to: (1) Pay the exit fee to the Farm Credit (iv) Make the adjustments that we association’s investment consists of purchased equities, allocated equities, Insurance Fund; require under § 611.1250(c). For the (2) Pay the amounts owed to final exit fee, we will review and may and a pro rata share of the bank’s unallocated surplus; dissenting stockholders; and require additional adjustments for (3) Return any remaining amounts to transactions between the date you (B) The dollar amount of your termination payment to the FAC; the successor institution. adopted the termination resolution and (e) Additional payment. If the amount the termination date. (C) The dollar amount of taxes paid or accrued due to the termination; and held in escrow is not enough to pay the (5) After making these adjustments to amounts under paragraph (d)(1) and (2) assets and liabilities, subtract liabilities (D) Payments to retire the equities of dissenting stockholders and Farm Credit of this section, the successor institution from assets. This is your total capital for must pay any remaining liability to the purposes of termination. institutions. (iv) Subtract from liabilities any escrow agent for distribution to the (6) Multiply assets by 6 percent, and liability that we treat as regulatory appropriate parties. The termination subtract this amount from total capital. capital under the capital or collateral application must include evidence that, This is your final exit fee. requirements in subparts H and K of after termination, the successor (b) Final exit fee calculation- part 615 of this chapter. institution will pay any remaining terminating bank. (1) The individual (v) Make the adjustments that we amounts owed to dissenting exit fees of affiliated associations that require under § 611.1250(c). For the stockholders. are terminating with you must be final exit fee, we will review and may calculated as described in paragraph (a) § 611.1260 Payment of debts and require additional adjustments for assessmentsÐterminating association. of this section. transactions between the date you (a) General rule. If you are a (2) Base your exit fee calculation on adopted the termination resolution and the average daily balances of assets and terminating association, you must pay the termination date. or make adequate provision for the liabilities. Any amounts we refer to in (6) After the above adjustments, this section are average daily balances payment of all outstanding debt combine your balance sheet with the obligations and assessments. unless we specify that they are not. balance sheets of terminating Amounts that are not average daily (b) No OFI relationship. If the associations after making the successor institution will not become an balances will be referred to as ‘‘dollar adjustments required in paragraph (a) of amount.’’ OFI, you must either: this section. (1) Pay debts and assessments owed to (3) The account balances must be in (7) Subtract combined liabilities from your affiliated Farm Credit bank at conformity with GAAP and combined assets. This is the total capital termination; or independently audited by a qualified of the combined balance sheet. (2) With your affiliated Farm Credit public accountant, as defined in (8) Multiply the assets of the bank’s concurrence, arrange to pay any § 621.2(i) of this chapter, as of the combined balance sheet after the above obligations or assessments to the bank termination date. adjustments by 6 percent. Subtract this after termination. (4) Calculate the 12-month balances of amount from the total capital of the (c) Obligations to other Farm Credit assets and total capital as of the combined balance sheet. This amount is institutions. You must pay or make termination date. Assume for this the combined final exit fee for you and adequate provision for payment of calculation that you have not paid or the terminating affiliated associations. obligations to any Farm Credit accrued the items described in (9) Your final exit fee is the amount institution (other than your affiliated paragraph (b)(5)(iii)(B), (C), and (D) of by which the combined final exit fee bank) under any loss-sharing or other this section. exceeds the total of the individual final agreement. (5) Make adjustments to assets and exit fees of your affiliated terminating (d) FAC debt payments. Before liabilities as follows: associations. termination, you must pay future (i) Add back the following to your (c) Payment of exit fee. On the assessments and payment obligations to assets: termination date, you must: your affiliated Farm Credit bank to the (A) Expenses you have incurred (1) Deposit into an escrow account extent required by subparagraphs related to termination. Related expenses acceptable to us and the FCSIC an (c)(5)(F) and (d)(1)(C)(v) of section 6.26 include, but are not limited to, legal amount equal to 110 percent of the of the Act. The FAC must make the services, accounting services, auditing, preliminary exit fee estimate, adjusted payment calculations this paragraph business planning, payments of to account for stock retirements to requires, subject to FCA approval, based severance and special retirements, and dissenting stockholders and Farm Credit on an appropriate discount rate. The application fees for the termination and institutions, and any other adjustments appropriate discount rate is the non- reorganization. we require. interest bearing U.S. Treasury security
VerDate 29-OCT-99 15:36 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\05NOP1.XXX pfrm04 PsN: 05NOP1 60382 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules rate for securities with a maturity as FCSIC, you must pay or make adequate discount rate. The appropriate discount near as possible to the period remaining provision for payment of your primary rate is the non-interest bearing U.S. until the terminating association’s liability on consolidated or Systemwide Treasury security rate for securities with obligations under this paragraph would obligations in a method that we deem a maturity as near as possible to the be due. acceptable. Before we make a final period remaining until the terminating decision on your proposal and as we association’s obligations under this § 611.1265 Retirement of equitiesÐ deem necessary, we may consult with paragraph would be due. terminating association. the other Farm Credit banks, the (a) Safety and soundness restrictions. Funding Corporation, and the FCSIC. § 611.1275 Retirement of equitiesÐ Notwithstanding anything in these (c) Satisfaction of joint and several terminating bank. regulations to the contrary, we may liability. (1) You and the other Farm (a) Retirement at option of equity prohibit a bank from retiring your Credit banks must enter into an holder. System institutions that own equities if the retirement would cause agreement covering obligations issued your equities have the right to require the bank to fall below its regulatory under section 4.2 of the Act and you to retire the equities on the capital requirements after retirement, or outstanding on the termination date. termination date. if we determine that the bank would be The Funding Corporation may, at its (b) Value of equity holders’ interests. in an unsafe or unsound condition after option, be a party to the agreement to For retirement purposes, the value of retirement. the extent necessary to fulfill its duties the equities held by System institutions (b) Retirement agreement. Your with respect to financing and is the book value on the termination affiliated bank may retire the purchased disclosure. The agreement, which is date, revised to reflect the adjustments and allocated equities held by you in subject to our approval, must specify required for the final exit fee calculation the bank according to the terms of the how you will make adequate provision in § 611.1255(b)(5)(iv). bank’s capital revolvement plan or an for the payment of your joint and (c) Transfer of affiliated association’s agreement between you and the bank. several liability to holders of obligations investment. As an alternative to (c) Retirement in absence of other than those obligations on which retirement, an affiliated association that agreement. Your affiliated bank must you are primarily liable. is not terminating has the right to retire any equities not subject to an (2) If you and the other Farm Credit require you to transfer its investment in agreement or revolvement plan no later banks are unable to reach agreement the bank, including a pro rata share of than when you or the successor within 90 days before the proposed unallocated surplus, to another Farm institution pays off your loan from the termination date, we will specify the Credit bank. The transfer of the bank. manner in which you will make investment, which must include (d) No retirement of unallocated adequate provision for the payment of purchased equities and allocated and surplus. When your bank retires equities your joint and several liability and how unallocated surplus, must occur on or you own in the bank, the bank must pay we will make joint and several calls for before the termination date. par or face value for purchased and those obligations outstanding on the § 611.1280 Dissenters' rights. allocated equities, less any impairment. termination date. (a) Definition. A dissenting The bank may not pay you any portion (3) Notwithstanding any other stockholder is an equity holder (other of its unallocated surplus. provision in these regulations, the than a System institution) in a (e) Exclusion of equities from capital successor institution will be jointly and terminating institution on the ratios. If another Farm Credit institution severally liable for consolidated and termination date who either: makes an agreement to retire equities Systemwide debt outstanding on the (1) Was eligible to vote on the you hold in that institution after termination date (other than the termination resolution and voted against termination, we may require that obligations on which you are primarily termination; institution to exclude part or all of those liable), as well as for interest on (2) Was an equity holder on the voting equities from assets and capital when individual obligations issued and record date but was not eligible to vote; the institution calculates its capital and outstanding on the termination date by or net collateral ratios under subparts H other banks operating under the same (3) Became an equity holder after the and K of part 615 of this chapter. title of the Act. The termination voting record date. (f) Retirement of equities held by other application must include evidence that (b) Retirement at option of dissenting Farm Credit institutions. If a Farm the successor institution will continue stockholder. A dissenting stockholder Credit institution other than the to have this joint and several liability for may require a terminating institution to affiliated bank owns equities you have consolidated and Systemwide debt. retire the stockholder’s equity interest in issued, the other Farm Credit institution (d) Payment to the FAC. (1) Before the terminating institution. may require you to retire the equities on termination, you must pay to the FAC (c) Value of a dissenting stockholder’s or before termination. The equities must the amounts required by section interest. You must pay a dissenting be retired at book value revised to 6.9(e)(3)(C)(ii) of the Act and by stockholder according to the liquidation reflect the adjustments required for the subparagraphs (c)(5)(E)(i) and provisions in your bylaws, except that final exit fee calculation in (d)(1)(C)(iv) of section 6.26 of the Act. you must pay at least par or face value § 611.1255(a)(4)(iii). For purposes of this calculation, you for eligible borrower stock (as defined in must include your retail loan volume, section 4.9A(d)(2) of the Act). § 611.1270 Repayment of obligationsÐ the retail loan volume of the (d) Calculation of interest of a terminating bank. associations that are terminating with dissenting stockholder entitled to the (a) General rule. If you are a you, and the retail loan volume of the remaining assets. Except as paragraph terminating bank, you must pay or make affiliated associations that continue (f) of this section provides, when you adequate provision for the payment of their direct lending relationships with retire equities of the class entitled to the all outstanding debt obligations. the successor institution. remaining assets in a liquidation, you (b) Satisfaction of primary liability. (2) The FAC must make the present must pay the adjusted book value. After consulting with other Farm Credit value estimation, subject to our (1) The adjusted book value for a banks, the Funding Corporation, and the approval, based on an appropriate terminating association is the book
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.234 pfrm03 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60383 value on the termination date, after dissenting stockholders as if there had turbine inlet temperature probe on the making the adjustments required by us been no reconsideration vote. Model PA–46–350P airplanes, and for the final exit fee calculation in inserting a copy of the AD into the § 611.1255(a)(4), except for the § 611.1285 Loan refinancing by borrowers. Pilot’s Operating Handbook (POH) of subtraction of dissenting stockholders’ (a) Disclosure of credit and loan certain airplanes. Since AD 99–15–04 equity described in § 611.1255 information. At the request of a became effective, the Federal Aviation (a)(4)(ii)(C). borrower seeking refinancing with Administration (FAA) has determined (2) The adjusted book value for a another System institution before you that the AD should not apply to terminating bank is the book value on terminate, you must give credit and loan airplanes where the factory installed the termination date, after making the information about the borrower to such turbine inlet temperature gauge and adjustments required by us for the final institution. associated probe have been replaced exit fee calculation in (b) No reassignment of territory. If, at through supplemental type certificate § 611.1255(b)(5)(iv), except for the the termination date, we have not (STC). The proposed AD retains the subtraction of dissenting stockholders’ assigned your territory to another actions of AD 99–15–04, and restricts equity described in System institution, any System the applicability accordingly. The § 611.1255(b)(5)(iii)(D). institution may lend in your territory, to actions specified by the proposed AD (e) Form of payment to a dissenting the extent otherwise permitted by the are intended to prevent improper engine stockholder. You must pay cash or make Act and regulations. operation caused by improperly some other payment arrangement calibrated turbine inlet temperature satisfactory to the dissenting § 611.1290 Continuation of borrower rights. indicators or defective turbine inlet stockholder for the stockholder’s temperature probes, which could result You may not require a waiver of equities. in engine damage/failure with contractual borrower rights provisions (f) Payment to holders of special class consequent loss of control of the as a condition of borrowing from and of stock. If you have adopted bylaws airplane. under § 611.1210(f), you must pay a owning equity in the successor institution. Institutions that become DATES: Comments must be received on dissenting stockholder who owns shares or before January 4, 2000. of the special class of stock an amount OFIs on termination must comply with ADDRESSES: equal to the lower of the par (or face) or the applicable borrower rights Submit comments in adjusted book value of such stock. provisions in the Act and subparts K, L, triplicate to the FAA, Central Region, (g) Notice to equity holders. The and N of part 614 of this chapter. Office of the Regional Counsel, Attention: Rules Docket No. 98–CE– notice to equity holders required in Dated: October 29, 1999. § 611.1240(e) must include a form for 112–AD, Room 506, 901 Locust, Kansas Nan P. Mitchem, City, Missouri 64106. Comments may be stockholders to send back to you, stating Acting Secretary, Farm Credit Administration their intention to exercise dissenters’ inspected at this location between 8 Board. a.m. and 4 p.m., Monday through rights. The notice must contain the [FR Doc. 99–28732 Filed 11–4–99; 8:45 am] following information: Friday, holidays excepted. (1) A description of the rights of BILLING CODE 6705±01±P Service information that applies to the dissenting stockholders set forth in this proposed AD may be obtained from The section, and the approximate value per New Piper Aircraft, Inc., Customer share that a dissenting stockholder can DEPARTMENT OF TRANSPORTATION Services, 2926 Piper Drive, Vero Beach, expect to receive. State whether the Florida 32960. This information also Federal Aviation Administration successor institution will require may be examined at the Rules Docket at the address above. borrowers to be stockholders or whether 14 CFR Part 39 it will require stockholders to be FOR FURTHER INFORMATION CONTACT: Mr. borrowers. [Docket No. 98±CE±112±AD] Donald J. Young, Aerospace Engineer, FAA, Atlanta Aircraft Certification (2) A description of the current book RIN 2120±AA64 and par value per share of each class of Office, One Crown Center, 1895 Phoenix equities, and the expected book and Airworthiness Directives; The New Boulevard, Suite 450, Atlanta, Georgia market value of the stockholder’s Piper Aircraft, Inc. Models PA±46±310P 30349; telephone: (770) 703–6079; interest in the successor institution. and PA±46±350P Airplanes facsimile: (770) 703–6097; e-mail (3) A statement that a stockholder address: ‘‘[email protected]’’. must return the enclosed form to you AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: within 30 days if the stockholder Administration, DOT. Comments Invited chooses to exercise dissenters’ rights. ACTION: Notice of proposed rulemaking (h) Notice to subsequent equity (NPRM). Interested persons are invited to holders. Equity holders that acquire participate in the making of the their equities after the termination vote SUMMARY: This document proposes to proposed rule by submitting such must also receive the notice described revise Airworthiness Directive (AD) 99– written data, views, or arguments as in paragraph (g) of this section. You 15–04, which currently requires they may desire. Communications must give them at least 5 business days calibrating the turbine inlet temperature should identify the Rules Docket to decide whether to request retirement system to assure the accuracy of the number and be submitted in triplicate to of their stock. existing turbine inlet temperature the address specified above. All (i) Reconsideration. If a indicator and wiring on all The New communications received on or before reconsideration vote is held and the Piper Aircraft, Inc. (Piper) Models PA– the closing date for comments, specified termination is disapproved, the right of 46–310P and PA–46–350P airplanes, above, will be considered before taking stockholders to exercise dissenters’ and repairing or replacing any turbine action on the proposed rule. The rights is rescinded. If a reconsideration inlet temperature system that fails the proposals contained in this notice may vote is held and the termination is calibration test. AD 99–15–04 also be changed in light of the comments approved, you must retire the equities of requires repetitively replacing the received.
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Comments are specifically invited on not have a Lewis or Transicoil Turbine Cost Impact the overall regulatory, economic, Inlet Temperature Gauge and associated The FAA estimates that 580 airplanes environmental, and energy aspects of probe installed, where this system was in the U.S. registry would be affected by the proposed rule. All comments replaced in accordance with a the proposed calibration, that it would submitted will be available, both before supplemental type certificate (STC). take approximately 4 workhours per and after the closing date for comments, Relief from the AD is available only if airplane to accomplish the proposed in the Rules Docket for examination by the gauge and probe are replaced calibration, and that the average labor interested persons. A report that through STC and not if a second turbine rate is approximately $60 an hour. summarizes each FAA-public contact inlet temperature gauge was installed Based on these figures, the total cost concerned with the substance of this while retaining the Lewis or Transicoil impact of the proposed calibration on proposal will be filed in the Rules gauge and probe. U.S. operators is estimated to be Docket. Commenters wishing the FAA to The FAA’s Determination $139,200, or $240 per airplane. acknowledge receipt of their comments The FAA estimates that it would take After examining the circumstances approximately 1 workhour per airplane submitted in response to this notice and reviewing all available information must submit a self-addressed, stamped to accomplish the proposed initial related to the incidents described above, turbine inlet temperature probe postcard on which the following the FAA has determined that: statement is made: ‘‘Comments to replacement, and that the average labor Docket No. 98–CE–112–AD.’’ The —the actions of AD 99–15–04 should be rate is approximately $60 an hour. Parts postcard will be date stamped and revised to exclude those airplanes that cost approximately $518. Based on these returned to the commenter. do not have a Lewis or Transicoil figures, the total cost impact of the turbine inlet temperature gauge and proposed replacement on U.S. operators Availability of NPRMs associated probe installed and the is estimated to be $335,240, or $578 per Any person may obtain a copy of this system was replaced through STC; airplane. These figures only take into NPRM by submitting a request to the and account the initial replacement and do FAA, Central Region, Office of the not take into account the cost of —additional AD action should be taken subsequent repetitive replacements. The Regional Counsel, Attention: Rules to continue to prevent improper Docket No. 98–CE–112–AD, Room 506, FAA has no way of determining the engine operation caused by number of replacements each owner/ 901 Locust, Kansas City, Missouri improperly calibrated turbine inlet 64106. operator will incur over the life of the temperature indicators or defective affected airplanes. Discussion turbine inlet temperature probes, The cost impact of the proposed AD AD 99–15–04, Amendment 39–11223 which could result in engine damage/ is the same as that specified in AD 99– (64 FR 37669, July 13, 1999), currently failure with consequent loss of control 15–04. The only difference between AD requires the following: of the airplane. 99–15–04 and the proposed AD is the —calibrating the turbine inlet Explanation of the Provisions of the exemption of certain airplanes from the temperature system to assure the Proposed AD proposed AD if they have a certain accuracy of the existing turbine inlet turbine inlet temperature gauge and temperature indicator and wiring for Since an unsafe condition has been associated probe installed. identified that is likely to exist or all Piper Models PA–46–310P and Regulatory Impact PA–46–350P airplanes, and repairing develop in other Piper Models PA–46– or replacing any turbine inlet 310P and PA–46–350P airplanes of the The regulations proposed herein temperature system that fails the same type design, the proposed AD would not have substantial direct effects calibration test; would revise AD 99–15–04. The on the States, on the relationship —repetitively replacing the turbine inlet proposed AD would continue to require between the national government and temperature probe on the Model PA– calibrating the turbine inlet temperature the States, or on the distribution of 46–350P airplanes; and system to assure the accuracy of the power and responsibilities among the —inserting a copy of this AD into the existing turbine inlet temperature various levels of government. Therefore, POH of airplanes that do not have a indicator and wiring on all affected in accordance with Executive Order certain POH revision incorporated. airplanes, and repairing or replacing any 12612, it is determined that this AD 99–15–04 was the result of field turbine inlet temperature system that proposal would not have sufficient reports that indicated service accuracy fails the calibration test. The proposed federalism implications to warrant the problems with the existing turbine inlet AD would also require repetitively preparation of a Federalism Assessment. temperature system on the affected replacing the turbine inlet temperature For the reasons discussed above, I airplanes. probe on the Model PA–46–350P certify that this action (1) is not a The actions specified in AD 99–15–04 airplanes, and inserting a copy of the ‘‘significant regulatory action’’ under are intended to prevent improper engine AD into the POH of certain airplanes. Executive Order 12866; (2) is not a operation caused by improperly Those airplanes that do not have a ‘‘significant rule’’ under DOT calibrated turbine inlet temperature Lewis or Transicoil Turbine Inlet Regulatory Policies and Procedures (44 indicators or defective turbine inlet Temperature Gauge and associated FR 11034, February 26, 1979); and (3) if temperature probes, which could result probe installed, where this system was promulgated, will not have a significant in engine damage/failure with replaced in accordance with an STC, economic impact, positive or negative, consequent loss of control of the would be excluded from the AD. Relief on a substantial number of small entities airplane. from the AD is available only if the under the criteria of the Regulatory gauge and probe are replaced through Flexibility Act. A copy of the draft Actions Since Issuance of Previous Rule STC and not if a second turbine inlet regulatory evaluation prepared for this Since AD 99–15–04 became effective, temperature gauge was installed while action has been placed in the Rules the FAA has determined that the AD retaining the Lewis or Transicoil gauge Docket. A copy of it may be obtained by should not apply to airplanes that do and probe. contacting the Rules Docket at the
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.283 pfrm03 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60385 location provided under the caption eliminated, the request should include accomplish the replacement prior to the ADDRESSES. specific proposed actions to address it. Turbine Inlet Temperature Gauge and Probe Compliance: Required as indicated in the Cleaning and Inspection, and Turbine Inlet List of Subjects in 14 CFR Part 39 body of this AD, unless already Temperature System Calibration. Air transportation, Aircraft, Aviation accomplished. (b) For all affected airplanes (Models PA– safety, Safety. To prevent improper engine operation 46–310P and PA–46–350P), if the results of caused by improperly calibrated turbine inlet paragraph (a) of this AD cannot be met (the The Proposed Amendment temperature indicators or defective turbine turbine inlet temperature system indicator Accordingly, pursuant to the inlet temperature probes, which could result cannot be calibrated or the turbine inlet in engine damage/failure with consequent temperature probe fails the inspection), prior authority delegated to me by the loss of control of the airplane, accomplish the Administrator, the Federal Aviation to further flight, repair or replace the failed following: parts with serviceable parts of the following Administration proposes to amend part (a) For all affected airplanes (Models PA– 39 of the Federal Aviation Regulations part numbers: 46–310P and PA–46–350P), within the next (1) Lewis Turbine Inlet Temperature 100 hours time-in-service (TIS) after August (14 CFR part 39) as follows: Analog Indicator, part number 471–008. 31, 1999 (the effective date of AD 99–15–04), (2) Lewis Turbine Inlet Temperature PART 39ÐAIRWORTHINESS accomplish the Turbine Inlet Temperature Digital Indicator, part number 548–811. Gauge and Probe Cleaning and Inspection, DIRECTIVES (3) Turbine Inlet Temperature Probe, part and Turbine Inlet Temperature System 1. The authority citation for part 39 Calibration, as follows: number 471–009 for the Model PA–46–310P continues to read as follows: (1) For Model PA–46–310P airplanes: airplanes and part number 481–389 or 481– 392 for the Model PA–46–350P airplanes. Authority: 49 USC 106(g), 40113, 44701. Perform the Turbine Inlet Temperature Gauge and Probe Cleaning and Inspection in (4) Only the Lewis Turbine Inlet § 39.13 [Amended] accordance with the PA–46–310P/350P Temperature Analog Indicator (referenced in Maintenance Manual, Chapter 77–20–00 paragraph (b)(1) of this AD) has a zero 2. Section 39.13 is amended by adjustment screw. The Lewis Turbine Inlet removing Airworthiness Directive (AD) (section A.(1)(d), pages 1 and 2); and accomplish the Turbine Inlet Temperature Temperature Digital Indicator (referenced in 99–15–04, Amendment 39–11223 (64 System Calibration in accordance with the paragraph (b)(2) of this AD) must be returned FR 37699, July 13, 1999), and adding a PA–46–310P/350P Maintenance Manual, to the factory for adjustment or replacement. new AD to read as follows: Chapter 77–20–00 (pages 3 and 4); and (c) For the Model PA–46–350P airplanes, The New Piper Aircraft, Inc.: Docket No. 98– (2) For Model PA–46–350P airplanes, serial upon accumulating 250 hours TIS on the CE–112–AD; Revises AD 99–15–04, numbers 4622001 through 4622200 and currently installed turbine inlet temperature Amendment 39–11223. 4636001 through 4636020: Perform the probe or within the next 100 hours TIS after August 31, 1999 (the effective date of AD 99– Applicability: Models PA–46–310P and Turbine Inlet Temperature Gauge and Probe 15–04), whichever occurs later, and PA–46–350P airplanes, all serial numbers, Cleaning and Inspection in accordance with thereafter at intervals not to exceed 250 hours certificated in any category. (See paragraph the PA–46–350P Maintenance Manual, (f) of this AD for configurations that would Chapter 77–20–00 (section 1.C, page 1); and TIS: replace the part number 481–392 turbine exclude airplanes from the applicability of accomplish the Turbine Inlet Temperature inlet temperature probe with a new part this AD). System Calibration in accordance with the number 481–389 or 481–392 probe. PA–46–350P Maintenance Manual, Chapter (d) For the operators of the airplanes Note 1: This AD applies to each airplane 77–20–00 (section 1.I., pages 4 through 7). presented in paragraphs (d)(1) and (d)(2) of identified in the preceding applicability (3) For Model PA–46–350P airplanes, all provision, regardless of whether it has been this AD, within the next 100 hours TIS after modified, altered, or repaired in the area serial numbers beginning with 4636021: August 31, 1999 (the effective date of AD 99– subject to the requirements of this AD. For Perform the Turbine Inlet Temperature Gauge 15–04), incorporate the emergency operation airplanes that have been modified, altered, or and Probe Cleaning and Inspection in procedures specified in paragraph (e) of this repaired so that the performance of the accordance with the PA–46–350P AD for when a turbine inlet temperature requirements of this AD is affected, the Maintenance Manual, Chapter 77–20–00 system failure occurs while in-flight by owner/operator must request approval for an (section 1.C, page 1). inserting a copy of this AD into the alternative method of compliance in Note 2: Operators of the Model PA–46– applicable Pilots’ Operating Handbook/ accordance with paragraph (i) of this AD. The 350P airplanes with over 150 hours TIS on Airplane Flight Manual (AFM/POH): request should include an assessment of the the currently installed turbine inlet (1) For all operators of the Model PA–46– effect of the modification, alteration, or repair temperature probe will have to replace the 310P airplanes that do not have the on the unsafe condition addressed by this probe as required in paragraph (c) of this AD. applicable POH revision incorporated as AD; and, if the unsafe condition has not been In this case, the operator may want to follows:
POH Revision/Date Affected serial numbers
VB±1200 ...... 16/March 19, 1999 ...... 46±8408001 through 46±8608067 and 4608001 through 4608007. VB±1300 ...... 13/February 25, 1999 ...... 4608008 through 4608140.
(2) For those operators of the Model PA–46–350P airplanes that do not have the applicable POH revision incorporated as follows:
POH Revision/Date Affected serial numbers
VB±1332 ...... 16/November 14, 1997 ...... 4622001 through 4622200. VB±1609 ...... 1/November 21, 1997 ...... 463001 through 4636020. VB±1602 ...... 1/November 28, 1997 ...... 4636021 through 4636131. VB±1446 ...... New/December 3, 1997 ...... 4636132 through 4636195. VB±1710 ...... New/February 23, 1999 ...... All serial numbers beginning with 4636196.
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(e) The following are emergency operation compliance with this AD, if any, may be Boeing Commercial Airplane Group, procedures for when a turbine inlet obtained from the Atlanta ACO. P.O. Box 3707, Seattle, Washington temperature system failure occurs while in- (j) Service information that applies to this 98124–2207. This information may be flight: AD may be obtained from The New Piper examined at the FAA, Transport (1) For Model PA–46–310P airplanes: Aircraft, Inc., Customer Services, 2926 Piper Airplane Directorate, 1601 Lind (i) If the turbine inlet temperature Drive, Vero Beach, Florida 32960. This indication fails during takeoff, climb, information may also be examined at the Avenue, SW., Renton, Washington. descent, or landing, maintain FULL RICH Federal FAA, Central Region, Office of the FOR FURTHER INFORMATION CONTACT: Bob mixture to assure adequate fuel flow for Regional Counsel, Attention: Rules Docket Breneman, Aerospace Engineer, engine cooling. No. 98–CE–112–AD, Room 506, 901 Locust, Airframe Branch, ANM–120S, FAA, (ii) If the turbine inlet temperature Kansas City, Missouri 64106. Transport Airplane Directorate, Seattle indication fails after cruise power has been (k) This amendment revises AD 99–15–04, Aircraft Certification Office, 1601 Lind set, maintain cruise power setting and lean Amendment 39–11223. to 6 gallons per hour (GPH) fuel flow above Avenue, SW., Renton, Washington that specified in the Power Setting Table in Issued in Kansas City, Missouri, on 98055–4056; telephone (425) 227–2776; Section 5 of the AFM/POH. Continually October 27, 1999. fax (425) 227–1181. monitor engine cylinder head and oil Marvin R. Nuss, SUPPLEMENTARY INFORMATION: temperatures to avoid exceeding temperature Acting Manager, Small Airplane Directorate, limits. Aircraft Certification Service. Comments Invited (2) For Model PA–46–350P airplanes: [FR Doc. 99–29057 Filed 11–4–99; 8:45 am] Interested persons are invited to (i) If the turbine inlet temperature indication fails during takeoff, climb, descent BILLING CODE 4910±13±U participate in the making of the or landing, set power per the POH Section 5 proposed rule by submitting such Power Setting Table and then lean to the written data, views, or arguments as approximate POH Power Setting Table fuel DEPARTMENT OF TRANSPORTATION they may desire. Communications shall flow plus 4 GPH. identify the Rules Docket number and (ii) If the turbine inlet temperature Federal Aviation Administration be submitted in triplicate to the address indication fails after cruise power has been specified above. All communications 14 CFR Part 39 set, maintain the power setting and increase received on or before the closing date indicated fuel flow by 1 GPH. Continually [Docket No. 99±NM±231±AD] monitor engine cylinder head and oil for comments, specified above, will be temperatures to avoid exceeding temperature RIN 2120±AA64 considered before taking action on the limits. proposed rule. The proposals contained (f) This AD does not apply to any airplane Airworthiness Directives; Boeing in this notice may be changed in light that does not have a Lewis or Transicoil Model 747 Series Airplanes of the comments received. Turbine Inlet Temperature Gauge and Comments are specifically invited on AGENCY: associated probe installed, where this system Federal Aviation the overall regulatory, economic, was replaced in accordance with a Administration, DOT. environmental, and energy aspects of supplemental type certificate (STC). Relief ACTION: Notice of proposed rulemaking the proposed rule. All comments from the AD is available only if the gauge and (NPRM). probe are replaced through STC and not if a submitted will be available, both before second turbine inlet temperature gauge was SUMMARY: This document proposes the and after the closing date for comments, installed while retaining the Lewis or adoption of a new airworthiness in the Rules Docket for examination by Transicoil gauge and probe. directive (AD) that is applicable to all interested persons. A report (g) Inserting a copy of this AD into the Boeing Model 747 series airplanes. This summarizing each FAA-public contact applicable POH/AFM as required by proposal would require repetitive concerned with the substance of this paragraph (d) of this AD may be performed proposal will be filed in the Rules by the owner/operator holding at least a inspections to detect cracking of the forward and aft inner chords and the Docket. private pilot certificate as authorized by Commenters wishing the FAA to section 43.7 of the Federal Aviation splice fitting of the forward inner chord Regulations (14 CFR 43.7), and must be of the station 2598 bulkhead, and repair, acknowledge receipt of their comments submitted in response to this notice entered into the aircraft records showing if necessary. This proposal is prompted must submit a self-addressed, stamped compliance with paragraph (d) of this AD in by reports of fatigue cracking found in postcard on which the following accordance with section 43.9 of the Federal those areas. The actions specified by the Aviation Regulations (14 CFR 43.9). statement is made: ‘‘Comments to proposed AD are intended to detect and (h) Special flight permits may be issued in Docket Number 99–NM–231–AD.’’ The correct such cracking, which could accordance with sections 21.197 and 21.199 postcard will be date stamped and result in reduced structural capability of of the Federal Aviation Regulations (14 CFR returned to the commenter. 21.197 and 21.199) to operate the airplane to the bulkhead and the inability of the a location where the requirements of this AD structure to carry horizontal stabilizer Availability of NPRMs can be accomplished. flight loads. (i) An alternative method of compliance or Any person may obtain a copy of this DATES: adjustment of the initial or repetitive Comments must be received by NPRM by submitting a request to the compliance times that provides an equivalent December 20, 1999. FAA, Transport Airplane Directorate, level of safety may be approved by the ADDRESSES: Submit comments in ANM–114, Attention: Rules Docket No. Manager, Atlanta Aircraft Certification Office triplicate to the Federal Aviation 99–NM–231–AD, 1601 Lind Avenue, (ACO), One Crown Center, 1895 Phoenix Administration (FAA), Transport SW., Renton, Washington 98055–4056. Boulevard, Suite 450, Atlanta, Georgia 30349. Airplane Directorate, ANM–114, (1) The request shall be forwarded through Attention: Rules Docket No. 99–NM– Discussion an appropriate FAA Maintenance Inspector, 231–AD, 1601 Lind Avenue, SW., The FAA has received reports who may add comments and then send it to indicating that fatigue cracking has been the Manager, Atlanta ACO. Renton, Washington 98055–4056. (2) Alternative methods of compliance Comments may be inspected at this detected in the forward and aft inner approved in accordance with AD 99–15–04 location between 9:00 a.m. and 3:00 chords and the splice fitting of the are considered approved as alternative p.m., Monday through Friday, except forward inner chord of the station 2598 methods of compliance for this AD. Federal holidays. bulkhead on Boeing Model 747 series Note 3: Information concerning the The service information referenced in airplanes. The horizontal stabilizer existence of approved alternative methods of the proposed rule may be obtained from hinge fittings are attached to the station
VerDate 29-OCT-99 15:41 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\05NOP1.XXX pfrm04 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60387
2598 bulkhead. The bulkhead includes repair of those conditions to be on the States, on the relationship a large cutout that gives access to the accomplished in accordance with a between the national government and rear spar of the horizontal stabilizer. method approved by the FAA, or in the States, or on the distribution of The reports indicate that the cracking accordance with data meeting the type power and responsibilities among the was detected around the upper corners certification basis of the airplane various levels of government. Therefore, of the cutout. In addition, a recent approved by a Boeing Company in accordance with Executive Order report indicates that a fatigue crack was Designated Engineering Representative 12612, it is determined that this detected in the station 2598 splice who has been authorized by the FAA to proposal would not have sufficient fitting where it attaches to the upper make such findings. federalism implications to warrant the and lower sections of the bulkhead Operators also should note that, as preparation of a Federalism Assessment. forward inner chord. Such cracking, if described previously, this proposed AD For the reasons discussed above, I not detected and corrected, could result would require a one-time HFEC certify that this proposed regulation (1) in reduced structural capability of the inspection and repetitive detailed visual is not a ‘‘significant regulatory action’’ bulkhead and the inability of the inspections to detect cracking of the under Executive Order 12866; (2) is not structure to carry horizontal stabilizer splice fitting of the forward inner chord a ‘‘significant rule’’ under the DOT flight loads. of the station 2598 bulkhead. The alert Regulatory Policies and Procedures (44 Explanation of Relevant Service service bulletin does not specify such FR 11034, February 26, 1979); and (3) if Information inspections of the splice fitting. Also, promulgated, will not have a significant though this inspection area is shown in economic impact, positive or negative, The FAA has reviewed and approved Figure 2, Detail A, and Figure 3, Detail on a substantial number of small entities Boeing Alert Service Bulletin 747– A, of the alert service bulletin, the under the criteria of the Regulatory 53A2427, dated December 17, 1998, inspection area is not highlighted in Flexibility Act. A copy of the draft which describes procedures for a one- those figures. regulatory evaluation prepared for this time high frequency eddy current Interim Action action is contained in the Rules Docket. (HFEC) inspection and repetitive A copy of it may be obtained by detailed visual inspections to detect This is considered to be interim contacting the Rules Docket at the cracking of the forward and aft inner action. The manufacturer has advised location provided under the caption chords of the station 2598 bulkhead, that it currently is developing a ADDRESSES. and repair, if necessary. modification that will positively address List of Subjects in 14 CFR Part 39 Explanation of Requirements of the unsafe condition addressed by this Proposed Rule AD. Once this modification is Air transportation, Aircraft, Aviation developed, approved, and available, the safety, Safety. Since an unsafe condition has been FAA may consider additional identified that is likely to exist or rulemaking. The Proposed Amendment develop on other products of this same Accordingly, pursuant to the Cost Impact type design, the proposed AD would authority delegated to me by the require a one-time HFEC inspection and There are approximately 1,301 Administrator, the Federal Aviation repetitive detailed visual inspections to airplanes of the affected design in the Administration proposes to amend part detect cracking of the forward and aft worldwide fleet. The FAA estimates that 39 of the Federal Aviation Regulations inner chords of the station 2598 260 airplanes of U.S. registry would be (14 CFR part 39) as follows: bulkhead, and repair, if necessary. affected by this proposed AD. These actions would be required to be It would take approximately 2 work PART 39ÐAIRWORTHINESS accomplished in accordance with the hours per airplane to accomplish the DIRECTIVES alert service bulletin described proposed HFEC inspection, at an previously, except as discussed below. average labor rate of $60 per work hour. 1. The authority citation for part 39 The proposed AD also would require a Based on these figures, the cost impact continues to read as follows: one-time HFEC inspection and of the proposed inspection on U.S. Authority: 49 U.S.C. 106(g), 40113, 44701. repetitive detailed visual inspections to operators is estimated to be $31,200, or § 39.13 [Amended] detect cracking of the splice fitting of $120 per airplane. the forward inner chord of the station It would take approximately 2 work 2. Section 39.13 is amended by 2598 bulkhead. Such inspections of the hours per airplane to accomplish the adding the following new airworthiness splice fitting of the forward inner chord proposed detailed visual inspections, at directive: would be required to be accomplished an average labor rate of $60 per work Boeing: Docket 99–NM–231–AD. in accordance with procedures included hour. Based on these figures, the cost Applicability: All Model 747 series in paragraphs (a)(2) and (b)(2) of this impact of the proposed inspections on airplanes, certificated in any category. AD. If any cracking is found during such U.S. operators is estimated to be Note 1: This AD applies to each airplane inspections, repair would be required to $31,200, or $120 per airplane, per identified in the preceding applicability be accomplished in accordance with a inspection cycle. provision, regardless of whether it has been method approved by the FAA, as The cost impact figures discussed modified, altered, or repaired in the area specified in paragraph (d) of this above are based on assumptions that no subject to the requirements of this AD. For proposed AD. operator has yet accomplished any of airplanes that have been modified, altered, or the proposed requirements of this AD repaired so that the performance of the Differences Between Proposed Rule and requirements of this AD is affected, the action, and that no operator would Alert Service Bulletin owner/operator must request approval for an accomplish those actions in the future if alternative method of compliance in Operators should note that, although this AD were not adopted. accordance with paragraph (e) of this AD. the alert service bulletin specifies that Regulatory Impact The request should include an assessment of the manufacturer may be contacted for the effect of the modification, alteration, or disposition of certain repair conditions, The regulations proposed herein repair on the unsafe condition addressed by this proposed AD would require the would not have substantial direct effects this AD; and, if the unsafe condition has not
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.280 pfrm03 PsN: 05NOP1 60388 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules been eliminated, the request should include Detail A, of Boeing Alert Service Bulletin DEPARTMENT OF TRANSPORTATION specific proposed actions to address it. 747–53A2427, dated December 17, 1998. Compliance: Required as indicated, unless Federal Aviation Administration Repair accomplished previously. To detect and correct cracking of the (c) If any cracking is detected during the 14 CFR Part 71 forward and aft inner chords and the splice inspections required by paragraph (a)(1) or [Airspace Docket No. 99±AWA±10] fitting of the forward inner chord of the (b)(1) of this AD, prior to further flight, repair station 2598 bulkhead, which could result in in accordance with Boeing Alert Service RIN 2120±AA66 reduced structural capability of the bulkhead Bulletin 747–53A2427, dated December 17, and the inability of the structure to carry 1998, except as provided by paragraph (d) of Proposed Revocation of the El Toro horizontal stabilizer flight loads, accomplish Marine Corps Air Station (MCAS) Class the following: this AD. (d) If any cracking is detected during the C Airspace Area, and Revision of the Initial Inspection inspections required by paragraph (a)(2) or Santa Ana Class C Airspace Area; (a) Prior to the accumulation of 13,000 total (b)(2) of this AD, or where the alert service California flight cycles, or within 1,000 flight cycles bulletin specifies that the manufacturer may AGENCY: Federal Aviation after the effective date of this AD, whichever be contacted for disposition of certain repair Administration (FAA), DOT. occurs later: Accomplish the requirements conditions, prior to further flight, repair in specified in paragraphs (a)(1) and (a)(2) of accordance with a method approved by the ACTION: Notice of proposed rulemaking this AD. Manager, Seattle Aircraft Certification Office (NPRM). (1) Perform a high frequency eddy current (ACO), FAA, Transport Airplane Directorate; inspection (HFEC) to detect cracking of the SUMMARY: This notice proposes to forward and aft inner chords of the station or in accordance with data meeting the type revoke the El Toro MCAS, CA, Class C 2598 bulkhead, in accordance with Boeing certification basis of the airplane approved airspace area and to remove reference to by a Boeing Company Designated Alert Service Bulletin 747–53A2427, dated the El Toro MCAS Class C airspace area December 17, 1998. Engineering Representative (DER) who has in the description of the Santa Ana, CA, (2) Perform an HFEC inspection to detect been authorized by the Manager, Seattle Class C airspace area. The FAA is taking cracking of the splice fitting along the upper ACO, to make such findings. For a repair this action due to the closure of the El and lower attachment to the forward inner method to be approved by the Manager, chord of the station 2598 bulkhead, as shown Seattle ACO, or a Boeing DER, as required by Toro MCAS air traffic control (ATC) in Figure 2, Detail A, of Boeing Alert Service this paragraph, the approval letter must facilities. This proposal would not Bulletin 747–53A2427, dated December 17, specifically reference this AD. change the dimensions, operating 1998. requirements, or flight paths of the Note 2: Operators should note that the Alternative Methods of Compliance current Santa Ana Class C airspace area. inspection area specified in paragraph (a)(2) (e) An alternative method of compliance or DATES: Comments must be received on of this AD is NOT highlighted in Figure 2, Detail A, of Boeing Alert Service Bulletin adjustment of the compliance time that or before December 23, 1999. 747–53A2427, dated December 17, 1998. provides an acceptable level of safety may be ADDRESSES: Send comments on the used if approved by the Manager, Seattle proposal in triplicate to the Federal Repetitive Inspections ACO. Operators shall submit their requests Aviation Administration, Office of the (b) Within 3,000 flight cycles after through an appropriate FAA Principal Chief Counsel, Attention: Rules Docket, accomplishment of the inspections required Maintenance Inspector, who may add AGC–200, Airspace Docket No. 99– by paragraph (a) of this AD: Accomplish the comments and then send it to the Manager, AWA–10, 800 Independence Avenue, inspections specified in paragraphs (b)(1) and Seattle ACO. SW., Washington, DC 20591. Comments Note 5: Information concerning the (b)(2) of this AD. Repeat the inspection may also be sent electronically to the thereafter at intervals not to exceed 3,000 existence of approved alternative methods of flight cycles. compliance with this AD, if any, may be following Internet address: (1) Perform a detailed visual inspection to obtained from the Seattle ACO. [email protected]. The official detect cracking of the forward and aft inner docket may be examined in the Rules chords of the station 2598 bulkhead, in Special Flight Permits Docket, Office of the Chief Counsel, accordance with Boeing Alert Service (f) Special flight permits may be issued in Room 916, weekdays, except Federal Bulletin 747–53A2427, dated December 17, accordance with sections 21.197 and 21.199 holidays, between 8:30 a.m. and 5:00 1998. of the Federal Aviation Regulations (14 CFR p.m. Note 3: For the purposes of this AD, a 21.197 and 21.199) to operate the airplane to An informal docket may also be detailed visual inspection is defined as: ‘‘An a location where the requirements of this AD examined during normal business hours intensive visual examination of a specific can be accomplished. Issued in Renton, at the FAA Western-Pacific Regional structural area, system, installation, or Office. assembly to detect damage, failure, or Washington, on November 1, 1999. irregularity. Available lighting is normally D. L. Riggin, FOR FURTHER INFORMATION CONTACT: Ken supplemented with a direct source of good Acting Manager, Transport Airplane McElroy, Airspace and Rules Division, lighting at intensity deemed appropriate by Directorate, Aircraft Certification Service. ATA–400, Office of Air Traffic Airspace the inspector. Inspection aids such as mirror, [FR Doc. 99–29056 Filed 11–4–99; 8:45 am] Management, Federal Aviation magnifying lenses, etc., may be used. Surface Administration, 800 Independence BILLING CODE 4910±13±U cleaning and elaborate access procedures Avenue, SW., Washington, DC 20591; may be required.’’ telephone: (202) 267–8783. (2) Perform a detailed visual inspection to SUPPLEMENTARY INFORMATION: detect cracking of the splice fitting along the upper and lower attachment to the forward Comments Invited inner chord of the station 2598 bulkhead, as shown in Figure 3, Detail A, of Boeing Alert Interested parties are invited to Service Bulletin 747–53A2427, dated participate in this proposed rulemaking December 17, 1998. by submitting such written data, views, Note 4: Operators should note that the or arguments as they may desire. inspection area specified in paragraph (b)(2) Comments that provide the factual basis of this AD is NOT highlighted in Figure 3, supporting the views and suggestions
VerDate 29-OCT-99 15:36 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\05NOP1.XXX pfrm04 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60389 presented are particularly helpful in Background The Proposed Amendment developing reasoned regulatory Effective July 2, 1999, the United In consideration of the foregoing, the decisions on the proposal. Comments Federal Aviation Administration are specifically invited on the overall States Marine Corps permanently terminated ATC service at El Toro proposes to amend 14 CFR part 71 as regulatory, aeronautical, economic, follows: environmental, and energy-related MCAS as a result of the Base aspects of the proposal. Realignment and Closure (BRAC) PART 71ÐDESIGNATION OF CLASS A, Communications should identify the recommendations and decisions. CLASS B, CLASS C, CLASS D, AND airspace docket number and be Therefore, there is no longer a CLASS E AIRSPACE AREAS; submitted in triplicate to the address requirement to retain a Class C airspace AIRWAYS; ROUTES; AND REPORTING listed above. Commenters wishing the area at El Toro MCAS. POINTS FAA to acknowledge receipt of their The Proposal comments on this notice must submit 1. The authority citation for part 71 with those comments a self-addressed, This action proposes to amend 14 continues to read as follows: stamped postcard on which the CFR part 71 by revoking the El Toro Authority: 49 U.S.C. 106(g), 40103, 40113, following statement is made: MCAS Class C airspace area. The 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ‘‘Comments to Airspace Docket No. 99– proposed removal of the airspace area is 1963 Comp., p. 389. AWA–10.’’ The postcard will be date/ necessary due to the closure of the ATC § 71.1 [Amended] time stamped and returned to the facilities at El Toro MCAS. The current commenter. All communications 2. The incorporation by reference in Class C airspace area would revert to 14 CFR 71.1 of the Federal Aviation received on or before the specified Class E controlled airspace. This closing date for comments will be Administration Order 7400.9G, Airspace proposed action also would revise the Designations and Reporting Points, considered before taking action on the Santa Ana Class C airspace area by proposed rule. The proposal contained dated September 1, 1999, and effective removing references to El Toro MCAS September 16, 1999, is amended as in this notice may be changed in light from the description. These proposed of comments received. All comments follows: actions revoke the Class C airspace submitted will be available for designation and revise the description Paragraph 4000 Subpart C—Class C examination in the Rules Docket both for the Santa Ana Class C airspace area, Airspace. before and after the closing date for but do not change the dimensions, * * * * * comments. A report summarizing each AWP CA C El Toro MCAS, CA [Removed] substantive public contact with FAA operating requirements, or flight patterns in the area. * * * * * personnel concerned with this AWP CA C Santa Ana, CA [Revised] rulemaking will also be filed in the The FAA has determined that this John Wayne Airport/Orange County, CA docket. proposed regulation only involves an (lat. 33°40′32′′ N., long. 117°52′06′′ W.) established body of technical Availability of NPRM’s That airspace extending upward from the regulations for which frequent and surface to and including 4,400 feet MSL An electronic copy of this document routine amendments are necessary to within a 5-mile radius of the John Wayne may be downloaded from the FAA keep them operationally current. Airport/Orange County excluding that regulations section of the Fedworld Therefore, this proposed action: (1) is airspace east of a line between lat. 33°44′12′′ electronic bulletin board service not a ‘‘significant regulatory action’’ N., long. 117°48′00′′ W.; and lat. 33°36′55′′ ° ′ ′′ (telephone: 703–321–3339) or the under Executive Order 12866; (2) is not N., long. 117 47 58 W.; and that airspace Federal Register’s electronic bulletin a ‘‘significant rule’’ under DOT extending upward from 2,500 feet MSL to and including 4,400 feet MSL within a 10- board service (telephone: 202–512– Regulatory Policies and Procedures (44 1661) using a modem and suitable mile radius of the John Wayne Airport/ FR 11034; February 26, 1979); and (3) Orange County, west of a line from lat. communications software. does not warrant preparation of a 33°36′55′′ N., long. 117°47′58′′ W.; to lat. Internet users may reach the FAA’s regulatory evaluation as the anticipated 33°31′09′′ N., long. 117°47′56′′ W. clockwise web page at http://www.faa.gov or the impact is so minimal. Since this is a to the 175° bearing from John Wayne Airport/ Federal Register’s webpage at http:// routine matter that will only affect air Orange County; and that airspace extending www.access.gpo.gov/nara for access to traffic procedures and air navigation, it upward from 1,500 feet MSL to and recently published rulemaking is certified that this rule, when including 4,400 feet MSL within a 10-mile documents. promulgated, will not have a significant radius of John Wayne Airport/Orange County from the 175° bearing clockwise to the 201° Any person may obtain a copy of this economic impact on a substantial NPRM by submitting a request to the bearing from John Wayne Airport/Orange number of small entities under the County; and that airspace extending upward Federal Aviation Administration, Office criteria of the Regulatory Flexibility Act. of Air Traffic Airspace Management, from 3,500 feet MSL to and including 5,400 The coordinates for this airspace feet MSL within a 10-mile radius of John Attention: Airspace and Rules Division, Wayne Airport/Orange County from the 201° ATA–400, 800 Independence Avenue, docket are based on North American Datum 83. Class C airspace designations bearing from the airport to the shoreline, SW., Washington, DC 20591, or by excluding that airspace west of a line from calling (202) 267–8783. are published in paragraph 4000 of FAA the 351° bearing from John Wayne Airport/ Communications must identify the Order 7400.9G, dated September 1, Orange County to the 251° bearing from John notice number of this NPRM. Persons 1999, and effective September 16, 1999, Wayne Airport/Orange County; and that interested in being placed on a mailing which is incorporated by reference in 14 airspace extending upward from 2,500 feet list for future NPRM’s should contact CFR 71.1. The Class C airspace MSL to and including 5,400 feet MSL within the Federal Aviation Administration, designation listed in this document a 10-mile radius of John Wayne Airport/ would be removed from the Order. Orange County from the shoreline to the San Office of Rulemaking, (202) 267–9677, Diego Freeway (I–405), excluding that to request a copy of Advisory Circular List of Subjects in 14 CFR Part 71 airspace west of a line from the 351° bearing No. 11–2A, Notice of Proposed from John Wayne Airport/Orange County to Rulemaking Distribution System, which Airspace, Incorporation by reference, the 251° bearing from John Wayne Airport/ describes the application procedure. Navigation (air). Orange County; and that airspace extending
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.309 pfrm03 PsN: 05NOP1 60390 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules upward from 2,500 feet MSL to and ADDRESSES: Federal Energy Regulatory prospectively the inclusion of a including 4,400 feet MSL within a 10-mile Commission, 888 First Street, NE, proposed designation 1 on all rate radius of John Wayne Airport/Orange County Washington, DC 20426. schedule sheets filed with the from the San Diego Freeway clockwise to the Commission by public utilities. The 360° bearing from the John Wayne Airport/ FOR FURTHER INFORMATION CONTACT: Orange County, excluding that airspace west H. Keith Pierce (Technical Information), proposed rule would streamline rate of a line from the 351° bearing from John Office of Pipeline Regulation, Federal schedule sheet designation procedures Wayne Airport/Orange County to the 251° Energy Regulatory Commission, 888 for the Commission and the electric bearing from John Wayne Airport/Orange First Street, NE, Washington, DC industry. The proposed rule also would County; and that airspace extending upward 20426, (202) 208–0525. from 2,000 feet MSL to and including 4,400 Julia Tuzun (Technical Information), conform the procedures for identifying feet MSL within a 10-mile radius of John Office of Electric Power Regulation, public utility tariff filings with those for Wayne Airport/Orange County from the 360° interstate natural gas and oil pipelines. bearing from the John Wayne Airport/Orange Federal Energy Regulatory Commission, 888 First Street, NE, This revision to the regulations is County clockwise to a line from lat. necessary to accommodate the 33°49′58′′ N., long. 117°48′02′′ W.; to lat. Washington, DC 20426, (202) 208– movement toward an integrated energy 33°44′12′′ N., long. 117°48′00′′ W. This Class 0256. C airspace area is effective during the specific Connie Caldwell (Legal Information), industry and to facilitate the days and hours of operation of the Orange Office of the General Counsel, Federal development of common standards for County Tower and Approach Control as Energy Regulatory Commission, 888 the electronic filing of all electric, gas, established in advance by a Notice to and oil rate schedule sheets. However, First Street, NE, Washington, DC Airmen. The effective dates and times will it has not been determined what the 20426, (202) 208–2027. thereafter be continuously published in the common standards for electronic filing Airport/Facility Directory. SUPPLEMENTARY INFORMATION: In will be or the format that will be * * * * * addition to publishing the full text of followed. For example, it has not been Issued in Washington, DC on November 1, this document in the Federal Register, decided whether a page-based or non- 1999. the Commission also provides all page-based system would be most Reginald C. Matthews, interested persons an opportunity to effective. These determinations will be Manager, Airspace and Rules Division. inspect or copy the contents of this developed by the Commission as it [FR Doc. 99–29041 Filed 11–4–99; 8:45 am] document during normal business hours moves forward with electronic filing. in the Public Reference Room at 888 BILLING CODE 4910±13±P First Street, NE, Room 2A, Washington, I. Background DC 20426. Section 205(c) of the Federal Power The Commission Issuance Posting 2 DEPARTMENT OF ENERGY Act (FPA) and section 4(c) of the System (CIPS) provides access to the Natural Gas Act 3 provide that the Federal Energy Regulatory texts of formal documents issued by the Commission is charged with the Commission Commission from November 14, 1994, responsibility to keep schedules to the present. CIPS can be accessed via showing all rates and charges, in such 18 CFR Part 35 Internet through FERC’s Home Page form as the Commission may designate, (http://www.ferc.fed.us) using the CIPS [Docket No. RM99±12±000] for any jurisdictional transmission or Link or the Energy Information Online sale of electricity and for any Designation of Electric Rate Schedule icon. Documents will be available on jurisdictional transportation or sale of Sheets October 28, 1999. CIPS on ASCII and WordPerfect 8.0. natural gas, respectively. Similarly, user assistance is available at 202–208– section 6 of the Interstate Commerce Act AGENCY: Federal Energy Regulatory 2474 or by E-mail to (ICA) 4 requires that the rate schedules Commission, DOE. [email protected]. for oil pipelines be published, filed, and ACTION: Notice of proposed rulemaking. This document is also available posted in the form and manner through the Commission’s Records and prescribed by the Commission. Parts 35, SUMMARY: The Federal Energy Information Management System 154, and 341 of the Commission’s Rules Regulatory Commission (Commission) is (RIMS), an electronic storage and and Regulations implement these proposing to amend its regulations to retrieval system of documents submitted sections of the FPA, NGA, and ICA, require prospectively the inclusion of a to and issued by the Commission after respectively.5 proposed designation for all rate November 16, 1981. Documents from Pursuant to current Commission schedule sheets filed with the November 1995 to the present can be regulations under Parts 154 and 341, gas Commission by public utilities. The viewed and printed. RIMS is available and oil pipelines are required to include proposed rule would streamline rate in the Public Reference Room or proposed pagination on all tariff sheets schedule sheet designation procedures remotely via Internet through FERC’s filed with the Commission; the for the Commission and the electric Home Page using the RIMS link or the proposed pagination must be unique to industry. The proposed rule also would Energy Information Online icon. User the pertinent tariff sheets, i.e., the conform public utility tariff filing assistance is available at 202–208–2222, proposed pagination is newly created procedures with those for interstate or by E-mail to [email protected]. and has never been used previously. natural gas and oil pipelines. This Finally, the complete text on diskette Additionally, both Parts 154 and 341 revision to the regulations is necessary in WordPerfect format may be to accommodate the movement toward purchased from the Commission’s copy 1 For purposes here, ‘‘designation’’ refers to both an integrated energy industry and to contractor, RVJ International, Inc. RVJ the practice of assigning rate schedule numbers and facilitate the development of common International, Inc. is located in the sheet designations for purposes of identification standards for the electronic filing of all Public Reference Room at 888 First and document tracking. 2 16 USC 824d. electric, gas, and oil rate schedule Street, NE, Washington, DC 20426. 3 sheets. 15 USC 717(c). The Federal Energy Regulatory 4 49 USC app. 1. DATES: Comments are due December 6, Commission (Commission) is proposing 5 18 CFR Part 35; 18 CFR Part 154; 18 CFR Part 1999. to amend its regulations to require 341.
VerDate 29-OCT-99 15:36 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\05NOP1.XXX pfrm04 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60391 require that the proposed pagination Alternatively, under the proposed proposed designation procedure, the convey information as to whether the designation procedure, staff would only Commission believes that the transition tariff sheet being filed contains changes need to confirm the appropriateness of to the proposed designation system proposed by the pipeline or is filed in the proposed pagination. Commission would occur most smoothly if currently compliance with a Commission order. orders, including delegated orders, effective and paginated/designated tariff Gas or oil tariff sheets filed without would not have to always list tariff sheets remain as filed; however, if a pagination or incorrect pagination are sheets individually, since the filings and change is proposed in an existing tariff deemed incomplete, and may be the tariff sheets would be cross- or rate schedule, the entire tariff or rate rejected as such.6 referenced electronically. This would schedule must be re-filed according to With regard to public utility rate simplify the identification of any the new system. In this way, as tariff schedules, Part 35 of the Commission’s specific tariff sheet for any purpose from sheets are replaced over time, the old regulations provides that every rate the time of filing. Also, the proposed designations will disappear and the new designation procedure would allow schedule filing under the FPA ‘‘will be system would be implemented in an tariff sheets to be more easily kept up- numbered by the Commission and the orderly and efficient manner. Further, to-date, with superseded sheets filing public utility advised of the Rate changes would be prospective only, Schedule FERC number.’’ 7 Therefore, archived for future reference. Filing requirements for tariff sheets alleviating any need to retroactively pursuant to that regulation, the for the electric, gas, and oil industries alter, modify, or re-file the tariff sheets Commission routinely designates each have evolved independently over time. currently on file. rate schedule filed by a public utility However, with the movement toward an ‘‘Tariff, Rate Schedule and Service and informs the utility of the integrated energy industry it now makes Agreement Pagination Guidelines’’ have designation. sense to have a common standard for all been developed and are attached hereto II. Discussion tariff sheets filed with the Commission. as an appendix. The guidelines offer Further, as the Commission increases its definitions and examples to assist The proposed rule would streamline use of electronic media for filing, during the period of transition. The tariff sheet designation procedures for storage, retrieval, and tracking of guidelines also provide the name and the Commission and the electric information and documents, greater telephone number of a staff person who industry. Under current procedures, a uniformity in filing procedures, can answer questions and provide significant amount of staff time is wherever practical, will greatly expedite additional guidance. required to assign designations for and simplify this conversion to public utility tariff sheets.8 Staff is electronic media. Conforming the III. Information Collection Statement required to physically research requirements for public utilities, underlying tariff sheets and proceedings interstate natural gas pipelines, and oil The following collection of to identify the status of the superseded pipelines will position the Commission information contained in this proposed tariff sheet (effective without and the affected industries for a smooth rule is being submitted to the Office of suspension, suspended, or effective transition to filing tariff sheets Management and Budget (OMB) for under suspension) and the nature of the electronically and having those sheets review under Section 3507(d) of the proposed tariff sheet (a proposed rate tracked and archived electronically. Paperwork Reduction Act of 1995.9 change or a compliance filing) in order Designing the electronic format for these FERC identifies the information to establish the proper designation. This filings will be greatly simplified as well provided under Part 35 as FERC–516. information must then be conveyed to if all tariff sheets are filed uniformly. The additional reporting burden to the utility and the public through In terms of the transition from the implement this proposed rule is as issuance of Commission orders. existing designation procedure to the follows:
Number of Number of Hours per Total annual Data collection respondents responses response hours
FERC±516 ...... 858 3.42 2.83 8,320
Total Additional Annual Hours for therefore, be an increase in reporting Annualized Capital/Startup Costs Collection (Reporting+Recordkeeping, if burden from 536,800 hours to 545,120 $205,424 (tariff designations). appropriate)=8,320. hours as utilities adopt the proposed Annualized Costs (Operations & The total annual reporting burden for designation system for changes Maintenance): $28,359,815. (tariff + rate FERC–516 under the current regulations proposed in existing tariffs or rate schedule filings). is 536,800 hours. Currently, the schedules and/or if an entire tariff or Commission devotes approximately rate schedule must be re-filed.10 Total Annualized Costs: $28,565,239. 8,320 hours per year to assign tariff Information Collection Costs: The (tariff designations + rate schedule designations to an estimated 2,934 Commission seeks comments on the filings). filings per year. The proposed change costs to comply with these The OMB regulations require OMB to will require the utilities to perform the requirements. It has projected the approve certain information collection designation duties currently performed average annualized cost for all by Commission staff. There will, respondents to be:
6 See 18 CFR 154.5; 18 CFR 341.11. discussion when referring to public utility rate keeping system for proposed tariff sheets pending 7 18 CFR 35.9. schedules. a final designation from the Commission. This 9 8 For the convenience of the reader, unless the 44 U.S.C. 3507(d). informal system will no longer be necessary to 10 maintain, as tariff sheet designations will be context otherwise indicates, we will use the term The proposed change may have even less impact on utilities, as the Commission assumes assigned by the utilities prior to filing the tariff ‘‘tariff sheet’’ in the remainder of the narrative utilities currently maintain an informal record sheets.
VerDate 29-OCT-99 15:36 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\05NOP1.XXX pfrm04 PsN: 05NOP1 60392 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules requirements imposed by agency rule.11 phone: (202) 395–3087, fax: (202) 395– following format. On the subject line, Accordingly, pursuant to OMB 7285. specify Docket No. RM99–12–000. In regulations the Commission is providing the body of the E-Mail message, include IV. Environmental Statement notice of its proposed information the name of the filing entity; the collection to OMB. The Commission is required to software and version used to create the Title: FERC–516, Electric Rate prepare an Environmental Assessment file, and the name and telephone Schedule Filings. or an Environmental Impact Statement number of the contact person. Attach Action: Proposed Data Collection. for any action that may have a the comment to the E-Mail in one of the OMB Control No.: 1902–0096 The significant adverse effect on the human formats specified above. The respondent shall not be penalized for environment. The Commission has Commission will send an automatic failure to respond to this collection of categorically excluded certain actions acknowledgment to the sender’s E-Mail information unless the collection of from these requirements as not having a address upon receipt. Questions on information displays a valid OMB significant effect on the human electronic filing should be directed to control number. environment. The actions proposed to Brooks Carter at 202–501–8145, E-Mail Respondents: Business or other for be taken here fall within categorical address [email protected]. profit, including small businesses. exclusions found in 18 CFR 380.4(a)(1) Commenters should take note that, Frequency of Responses: On and (15). Therefore, environmental until the Commission amends its rules Occasion. considerations are unnecessary. and regulations, the paper copy of the Necessity of Information: The filing remains the official copy of the proposed rule revises the requirements V. Regulatory Flexibility Act document submitted. Therefore, any contained in 18 CFR Part 35. Certification Internal Review: The Commission has discrepancies between the paper filing The Regulatory Flexibility Act (RFA) and the electronic filing or the diskette assured itself, by means of its internal (5 U.S.C. 601–612) requires rulemakings review, that there is specific, objective will be resolved by reference to the to contain either a description and paper filing. support for the burden estimates analysis of the effect that the proposed associated with the information All written comments will be placed rule will have on small entities or a in the Commission’s public files and requirements. Section 205 of the Federal certification that the rule will not have Power Act (FPA) (16 U.S.C. 824d) will be available for inspection in the a significant economic effect on a Commission’s Public Reference room at requires that rates, terms, and substantial number of small entities. conditions for jurisdictional service be 888 First Street, NE, Washington, DC Most filing entities do not fall within 20426, during regular business hours. filed with the Commission. In addition, the RFA’s definition of a small entity.12 the Commission uses the information Additionally, comments may be viewed, Therefore, the Commission certifies that printed, or downloaded remotely via the provided to make determinations as to this rule will not have a significant whether the rates, terms and conditions Internet through FERC’s Home Page economic impact on a substantial using the RIMS or CIPS links. RIMS of jurisdictional service are unjust, number of small entities. unreasonable, or unjustly contains all comments but only those discriminatory or preferential and to VI. Comment Procedures comments submitted in electronic format are available on CIPS. User prescribe the just and reasonable rates, The Commission invites interested assistance is available at 202–208–2222, terms and conditions. Failure to issue persons to submit written comments on or by E-Mail to [email protected]. these requirements would mean the this proposal. Commission is not meeting its statutory An original and 14 copies of such List of Subjects in 18 CFR 35 obligations under Sections 205 and 206 comments must be received by the Electric power rates, Electric utilities, of the FPA (16 U.S.C. 824d–e). These Commission before 5:00 p.m. December Electricity, Reporting and recordkeeping requirements also conform to the 6, 1999. Comments should be submitted requirements. Commission’s plan for the efficient to the Office of the Secretary, Federal collection, communication, and Energy Regulatory Commission, 888 By direction of the Commission. management of information for the First Street, NE, Washington DC 20426 David P. Boergers, electric industry. and should refer to Docket No. RM99– Secretary. Interested persons may obtain 12–000. In consideration of the foregoing, the information on the reporting In addition to filing paper copies, the Commission proposes to amend part 35, requirements by contacting the Commission encourages the filing of Chapter I, Title 18, Code of Federal following: Federal Energy Regulatory comments either on computer diskette Regulations, as follows. Commission, 888 First Street, NE, or via Internet E-Mail. Comments may Washington, DC 20426, [Attention: be filed in the following formats: PART 35ÐFILING OF RATE Michael Miller, Office of the Chief WordPerfect 8.0 or below, MS Word SCHEDULES Information Officer, Phone: (202) 208– Office 97 or lower version, or ASCII 1. The authority citation for Part 35 1415, fax: (202) 208–2425, email: format. [email protected]]. For diskette filing, include the continues to read as follows: For submitting comments concerning following information on the diskette Authority: 16 U.S.C. 791–a–825r, 2601– the collection of information and the label: Docket No. RM99–12–000; the 2645; 31 U.S.C. 9701; 42 U.S.C. 710–7352. associated burden estimate, please send name of the filing entity; the software 2. Section 35.5 is amended by your comments to the contact listed and version used to create the file; and designating the existing text as above and to the Office of Management the name and telephone number of a paragraph (a) and by adding a paragraph and Budget, Office of Information and contact person. (b) to read as follows: Regulatory Affairs, Washington, DC For Internet E-Mail submittal, 20503. [Attention: Desk Officer for the comments should be submitted to § 35.5 Rejection of material submitted for Federal Energy Regulatory Commission, ‘‘[email protected]’’ in the filing. (a) The Secretary, pursuant to the 11 5 CFR 1320.11. 12 See 5 U.S.C. 601(3). Commission’s Rules of Practice and
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Procedure and delegation of Note: This Appendix will not appear in the (8) ‘‘Squeezed’’ Sheets. When a sheet needs Commission authority, shall reject any Code of Federal Regulations. to be made effective between two sequentially paginated sheets already on file material submitted for filing with the Appendix A to Part 35 Commission which patently fails to (all in different proceedings), paginate the substantially comply with the Tariff, Rate Schedule and Service Agreement new sheet by adding a ‘‘1st Rev’’ designation applicable requirements set forth in this Pagination Guidelines to the older sheet’s pagination. Commonly, Due to the complexity of tariff filing this situation occurs when a sheet is Part, or the Commission’s Rules of suspended for five months and subsequent Practice and Procedure. situations, the Commission Staff provides the following guidelines. If you have questions or sheets need to be made effective prior to (b) A rate filing that fails to comply when the suspended sheet becomes effective. with this Part may be rejected by the need assistance, please call Tina Lyles at (202) 208–0751 or Brian Stephenson at (202) (See Example No. 3.) Director of the Office of Electric Power 208–1277, or such other persons as may be (9) ‘‘Retroactive’’ Sheets. When filing a Regulation pursuant to the authority identified from time to time. ‘‘retroactive’’ sheet change back to a certain delegated to the Director in (1) Original Sheets. Paginate as ‘‘Original date, all sheets in effect from that date § 375.308(a)(3) of this chapter. Sheet No.ll’’ (a) all pages in initial filings, forward need to be changed. The first sheet 3. Section 35.9 is revised to read as (b) added sheets, and (c) all sheets in a should be paginated either as ‘‘Substitute’’ follows: revised tariff volume. Guideline (11) gives an (see Guideline (3) above) or ‘‘1st Rev’’ (see exception for reserved sheets. Guideline (8) above) depending on whether § 35.9 Identification and numbering of (2) Substitute Sheets. Paginate a sheet as the retroactive filing is in the same or tariffs and rate schedules (including service ‘‘Substitute’’ if it is filed to replace a sheet different docket as the sheet being replaced. agreements). filed in the same proceeding (e.g., as a result For simplicity, the rest of the sheets should (a) All tariffs and rate schedules of a hearing order, or of a correction to a tariff be paginated as a ‘‘Substitute’’ of each (including service agreements) must be sheet filed prior to the issuance of an order, effective sheet already on file. Follow numbered sequentially from the or of a compliance filing) with the same Guideline (4) in designating the superseded beginning of that tariff or rate schedule. effective date. If a substitute sheet needs to sheet for the first new sheet. However, the (b) All tariffs and rate schedules be replaced, paginate the new sheet as rest of the sheets should supersede each ‘‘Second Substitute’’, and so on. (See (including service agreements) must other in order, even though they are all filed Example No. 1.) in the same docket. In this way the have the following information placed (3) Revised Sheets. Paginate a sheet as superseded designation will reflect the latest in the margins of each sheet: ‘‘Revised’’ if it is (a) replacing a sheet filed sheet in effect on each given date. (See (1) Identification. At the top left of in a different proceeding or (b) replacing a Examples Nos. 4 and 5.) each page, the exact name of the sheet filed in the same proceeding but given (10) Canceled Sheets. When canceling company must be shown, under which a new proposed effective date. Each individual sheets, but retaining the tariff or must be set forth the words ‘‘FERC subsequent ‘‘Revised’’ pagination should be rate schedule, designate a blank sheet as a Electric Tariff’’ or ‘‘FERC Electric Rate numbered sequentially, i.e., First Revised, revised sheet superseding the prior sheet. Schedule No.’’ together with volume Second Revised, Third Revised, etc. (See (11) Canceled Tariff or Rate Schedule. Examples Nos. 1 and 2.) When canceling an entire tariff or rate identification. (4) Superseded Sheets. Each designation schedule, file one sheet paginated as the last (2) Numbering of sheets. Except for must refer to the designation of the sheet sheet of the tariff volume or rate schedule the title page, at the top right, the sheet being superseded, if any. The superseded and refer to the tariff volume or rate schedule number must appear as ‘‘(Original or sheet is the sheet being replaced by a revised as canceled. (See Example No. 7.) Revised) Sheet No. (number).’’ All sheet. (There is an exception to this guideline sheets must be numbered in the manner for retroactive filings—see Guideline (9).) (12) Sheets Reserved For Future Use. When reserving a number of sheets for future use, set forth in the Tariff, Rate Schedule and Never designate a rejected or suspended sheet as the superseded sheet. However, if a file one sheet paginated ‘‘Sheet Nos. A–Z’’, Service Agreement Pagination where ‘‘A’’ and ‘‘Z’’ refer to the first and last Guidelines, as modified from time to sheet designated as superseded is subsequently rejected, it is not necessary to reserved sheet numbers. In the body of the time. re-file solely to correct the superseded sheet sheet state ‘‘Reserved for Future Use.’’ (See (3) Issuing officer and issue date. On designation. (See Example No. 1.) Example No. 8.) the lower left must be placed ‘‘Issued (5) Rejected Sheets. Do not reuse the (13) Abbreviations. Abbreviate from left to by:’’ followed by the name and title of pagination of a rejected sheet. Paginate a right using the Abbreviation Conventions List the person authorized to issue the sheet. sheet ‘‘Substitute’’ if it is filed to replace a at the end of this document. Abbreviate only Immediately below must be placed rejected sheet in the same proceeding, but do as needed. (See Example No. 6.) ‘‘Issued on’’ followed by the date of not refer to a rejected sheet as the superseded The following examples reflect the types of issue. sheet in the designation. (See Guidelines (3) changes and corresponding designations that (4) Effective date. On the lower right and (4).) may be made over the life of a given tariff must be placed ‘‘Effective:’’ followed by (6) Alternate Sheets. When filing two or rate schedule (all docket numbers and versions of a proposed tariff sheet, paginate the specific effective date proposed by dates are hypothetical, and are not intended the sheet ‘‘ l Revised Sheet No. l’’ and to refer to actual proceedings): the company. ‘‘Alternate l Revised Sheet No. l ’’. (5) Filings made to comply with Paginate a replacement alternate sheet ‘‘Sub Example No. 1 Commission orders. Tariffs and rate Alternate l’’. Revised and Substitute Sheets schedules (including service (7) Inserted Sheets. Paginate sheets ‘‘Original Sheet No. 4’’ is filed in Docket inserted between two consecutively agreements) filed to comply with No. ER99–44–000 to be effective January 1, numbered sheets using an uppercase letter Commission orders must carry the 1999. Subsequently, a sheet filed in Docket following the first sheet number (e.g., sheets following notation in the bottom No. ER99–123–000 is to be effective February margin: ‘‘Filed to comply with order of inserted between sheets 8 and 9 would be 8A, 8B, etc.). For sheets inserted between two 1, 1999. Paginate the latter sheet as ‘‘First the Federal Energy Regulatory consecutively lettered sheets, add a ‘‘.’’ Revised Sheet No. 4 superseding Original Commission, Docket No. (number), followed by a two digit number (e.g., sheets Sheet No. 4’’. If a mistake is discovered and issued (date), (FERC Reports citation).’’ inserted between sheets 8A and 8B would be a corrected sheet needs to be filed in Docket 8A.01 through 8A.99). For further insertions, No. ER99–123–001, paginate that sheet § 35.18 [Removed and Reserved] add a lowercase letter (e.g., between sheets ‘‘Substitute First Revised Sheet No. 4 4. Section 35.18 is removed and 8A.01 and 8A.02 would be 8A.01a, 8A.01b, superseding Original Sheet No. 4’’ or ‘‘First reserved. etc.). Revised Sheet No. 4’’ (whichever may
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Docket Filed Effective Pagination Superseded sheet
ER99±44±000 ...... 11/30/98 1/1/99 Original ...... ER99±123±000 ...... 12/31/98 2/1/99 First Revised ...... Original. ER99±123±001 14 2/15/99 2/1/99 Sub First Revised ...... First Revised. 14 The Commission is issuing a notice contemporaneous with this NOPR informing the public of its intent, should the NOPR become final, to change its assignment of docket numbers to electric filings to a method similar to that used for the gas and oil programs. If the utility proposes two separate changes to be effective the same date, and the second filing reflects the first filing’s proposed changes, then it is appropriate to show the first filing’s pagination as superseded.
Docket Filed Effective Pagination Superseded sheet
ER99±44±000 ...... 11/30/98 1/1/99 Original ...... ER99±123±000 ...... 12/31/98 2/1/99 First Revised ...... Original. ER99±124±000 ...... 2/15/99 2/1/99 Second Revised ...... First Revised.
Example No. 2 Sheets Effective on the Same Date ‘‘Second Revised Sheet No. 4’’ is filed in Docket No. ER99–200–000 to be effective April 1, 1999. Subsequently, a sheet is filed in Docket No. ER99–504–000 to be effective on the same date. Paginate that sheet with the next revision number, ‘‘Third Revised Sheet No. 4’’ even though it is to be effective on the same date.
Docket Filed Effective Pagination Superseded sheet
ER99±200±000 ...... 2/28/99 4/1/99 Second Revised ...... Sub First Rev. ER99±504±000 ...... 3/31/99 4/1/99 Third Revised ...... Second Rev.
Example No. 3 Squeezed Sheets ‘‘Fourth Revised Sheet No. 4’’ is filed July 31, 1999, in Docket No. ER99–601–000 to be effective September 1, 1999. An order suspends this sheet until February 1, 2000. Subsequently, two filings are made to be effective prior to February 1, 2000. Paginate these sheets as ‘‘1st Rev Third Revised Sheet No. 4’’ and ‘‘2nd Rev Third Revised Sheet No. 4’’. The utility will be required, if necessary, to file revised tariff sheets to update the suspended tariff sheets to include any changes to the tariff sheets that have been accepted by the Commission between the date of the suspension and the effective date of the suspended rates. When filing to update the revised tariff sheets, paginate the revised tariff sheet as ‘‘Sub Fourth Revised Sheet No. 4’’. Note: using the alpha- numeric ‘‘1st, 2nd’’ for the additional revision number assists in keeping the pagination clear.
Docket Filed Effective Pagination Superseded sheet
ER99±601±000 ...... 7/31/99 2/1/00 Fourth Revised ...... Third Revised. ER99±761±000 ...... 8/31/99 10/1/99 1st Rev Third Rev ...... Third Revised. ER00±822±000 ...... 10/31/99 11/1/99 2nd Rev Third Rev ...... 1st Rev Third Rev. ER99±601±001 ...... 1/31/00 2/1/00 Sub Fourth Revised ...... 2nd Rev Third Rev.
Example No. 4 Retroactive Sheets The sheet paginated in Example No. 1, ‘‘Sub First Revised Sheet No. 4’’ filed in Docket No. ER99–123–001 is in effect February 1, 1999, subject to the resolution of issues. A year later, settlement is reached resulting in a restatement of base rates back to that date. The revised sheets filed under Docket No. ER99–123–002 (using prior examples):
Docket Filed Effective Pagination Superseded sheet
ER99±123±002 ...... 2/15/99 2/1/99 2nd Sub First Revised ...... Sub First Revised. 4/1/99 Sub Second Revised ...... 2nd Sub First Rev. 4/1/99 Sub Third Revised ...... Sub Second Rev. 10/1/99 Sub 1st Rev Third Rev ...... Sub Third Rev. 11/1/99 Sub 2nd Rev Third Rev ..... Sub 1st Rev Third Rev. 2/1/00 2nd Sub Fourth Rev ...... Sub 2nd Rev Third Rev.
Example No. 5 Retroactive Sheets Continuing from Example 4, a subsequent tracker filing retroactive to November 1, 1999:
Docket Filed Effective Pagination Superseded sheet
ER00±77±000 ...... 4/30/00 11/1/99 3rd Rev Third Rev ...... Sub 2nd Rev Third Rev.
13 The Commission is issuing a notice public of its intent, should the NOPR become final, electric filings to a method similar to that used for contemporaneous with this NOPR informing the to change its assignment of docket numbers to the gas and oil programs.
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Docket Filed Effective Pagination Superseded sheet
2/1/00 ...... 3rd Sub Fourth Rev ...... 3rd Rev Third Rev.
Example No. 6 Abbreviations Abbreviate ‘‘Fourth Revised Twenty-Third Revised Sheet No. 4’’ as ‘‘4th Rev Twenty-Third Revised Sheet No. 4’’. Example No. 7 Canceled Rate Schedules and Tariffs To cancel FERC Electric Rate Schedule FERC No. 26, which consists of sheets 1–39, file ‘‘Original Sheet No. 40’’:
Company name Original sheet No. 40
FERC Electric Rate Schedule No. 26 ...... Cancels FERC Electric Rate Schedule No. 26.
Notice of Cancellation. Example No. 8 Reserved Sheets Your general terms and conditions end on page 75 and you want to reserve sheets 76 through 99 for future use:
Electric company Sheet Nos. 76 through 99
FERC Electric Tariff, Original Volume No. 2.
Sheet Nos. 76 through 99 are reserved for future use. Abbreviation Conventions List Substitute: Sub Alternate: Alt Revised: Rev First, Second, etc.: 1st, 2nd, etc. Sheet No.: (omit these words)
SAMPLE PAGE
Day and light power company Original sheet No. 4
FERC Electric Tariff, Original Volume No. 1: Issued by: Harriet Officer, Rates Manager ...... Effective: July 1, 2000. Issued on: June 10, 2000
To comply with order of the Federal rulemaking, and notice of public document also provides notice of a Energy Regulatory Commission, Docket No. hearing. public hearing on the proposed ER99–5374–000, issued October 27, 1999, 90 regulations. FERC ¶ 61,010 (1999). SUMMARY: This document proposes, by DATES: Written and electronic comments [FR Doc. 99–28822 Filed 11–4–99; 8:45 am] cross reference to temporary regulations, must be received by February 3, 2000. BILLING CODE 6717±01±P amendments to the final regulations Requests to appear and outlines of concerning the Federal income tax topics to be discussed at the public treatment of certain reopenings of hearing scheduled for March 22, 2000, DEPARTMENT OF THE TREASURY Treasury securities. The temporary at 10 a.m., must be received by March regulations, published in the Rules and 1, 2000. Internal Revenue Service Regulations section of this issue of the ADDRESSES: Send submissions to: Federal Register, remove the CC:DOM:CORP:R (REG–115932–99), 26 CFR Part 1 requirement that the issuance of the room 5226, Internal Revenue Service, Treasury securities in the reopening POB 7604, Ben Franklin Station, [REG±115932±99] must be intended to alleviate an acute, Washington, DC 20044. Submissions RIN 1545±AX60 protracted shortage of the original may be hand delivered between the securities. The text of the temporary hours of 8 a.m. and 5 p.m. to: Reopenings of Treasury Securities and regulations also serves as the text of the CC:DOM:CORP:R (REG–115932–99), Other Debt Instruments; Original Issue proposed regulations. This document Courier’s Desk, Internal Revenue Discount also contains proposed regulations that Service, 1111 Constitution Avenue NW., would provide guidance on the Federal Washington, DC. Alternatively, AGENCY: Internal Revenue Service (IRS), income tax treatment of reopenings of taxpayers may submit comments Treasury. debt instruments other than Treasury electronically via the Internet by ACTION: Notice of proposed rulemaking securities. The proposed regulations selecting the ‘‘Tax Regs’’ option of the by cross-reference to temporary would provide guidance to holders and IRS Home Page or by submitting regulations, notice of proposed issuers of debt instruments. This comments directly to the IRS Internet
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As a result, the additional Building, 1111 Constitution Avenue a question as to whether the debt instruments would have the same NW., Washington, DC. subsequently sold debt instruments are issue date, the same issue price, and FOR FURTHER INFORMATION CONTACT: part of the original issue or are (with respect to holders) the same Concerning the regulations, William E. themselves a new issue. adjusted issue price as the original debt Blanchard, (202) 622–3950; concerning This question—whether the instruments. submissions and the hearing, Michael L. subsequently sold debt instruments are A qualified reopening would be a Slaughter, (202) 622–7190 (not toll-free part of the original issue—has important reopening of original debt instruments numbers). tax consequences. If the subsequently that meets the following conditions: (1) SUPPLEMENTARY INFORMATION: sold debt instruments are considered The original debt instruments are part of the original issue, they have OID publicly traded; (2) The issue date of the Background only to the extent the debt instruments additional debt instruments (treated as a Temporary regulations in the Rules in the original issue have OID. Thus, if separate issue) is not more than 6 and Regulations section of this issue of the original debt instruments were months after the issue date of the the Federal Register amend the Income issued without OID, the subsequently original debt instruments; (3) Seven Tax Regulations (26 CFR part 1) relating sold debt instruments also do not have days before the date on which the price to section 1275 of the Internal Revenue OID. In this case, any discount on the of the additional debt instruments is Code (Code). The temporary regulations subsequently sold debt instruments established, the yield of the original provide rules for qualified reopenings of generally is market discount, not OID. debt instruments (based on their fair Treasury securities. See § 1.1275–2T(d). Conversely, if the subsequently sold market value) is not more than 107.5 This document also proposes new debt instruments are a separate issue for percent of the yield of the original debt rules under sections 163(e) and 1275 of tax purposes, any discount that arises as instruments on their issue date (or, if the Code for qualified reopenings of part of their issuance is OID if it equals the original debt instruments were debt instruments other than Treasury or exceeds the OID de minimis amount issued with no more than a de minimis securities. for the debt instruments. See § 1.1273– amount of OID, the coupon rate); and (4) 1(d) to determine the de minimis The yield of the additional debt Explanation of Provisions amount. instruments (based on the sales price of Reopenings of Treasury Securities The holder and issuer have different the additional debt instruments) is not tax consequences depending upon The text of the temporary regulations more than 115 percent of the yield of whether the discount is characterized as (§ 1.1275–2T(d)) also serves as the text the original debt instruments on their OID or market discount. For the holder, of the proposed regulations. The issue date (or, if the original debt the primary difference is whether the preamble to the temporary regulations instruments were issued with no more holder has to include the discount in explains the temporary regulations. than a de minimis amount of OID, the income on a current basis as it accrues. coupon rate). Reopenings of Debt Instruments Other If it is OID, the holder must include the A qualified reopening also would Than Treasury Securities accruals in income currently; if it is include a reopening of original debt market discount, the holder generally instruments if the first two conditions A. In General does not have to include discount in described above are met and the Over the past few years, a number of income until the debt instrument is additional debt instruments (treated as a issuers have developed programs or disposed of or redeemed. The issuer’s separate issue) were issued with no practices where debt instruments with tax consequences also depend on more than a de minimis amount of OID. identical terms and CUSIP numbers are whether the discount is OID or market A qualified reopening, however, would sold subsequent to their original issue discount. If the subsequently sold debt not include a reopening of tax-exempt date. These subsequent sales are often instruments are part of a separate issue obligations or contingent payment debt called ‘‘reopenings.’’ The original issue and if the discount is OID, the issuer (or instruments. discount (OID) rules generally a broker or middleman) generally is The qualified reopening rules attempt accommodate reopenings during required to make OID information to strike a balance between tax policy periods of stable or falling market reports for these debt instruments. See concerns about the conversion of OID interest rates. As is explained in more § 1.6049–5. To comply with this into market discount and the need to detail below, during periods of rising reporting obligation, the issuer must be have the tax rules reflect current capital market interest rates, the OID rules can able to distinguish the subsequently market practices. The IRS and the effectively prohibit reopenings. The sold debt instruments (which require Treasury Department believe the proposed regulations in this document OID information reports) from the appropriate balance is to provide would modify the OID rules to originally sold debt instruments. As a reopening rules for situations where the accommodate certain qualified practical matter, the only way the issuer can prove by objective, market- reopenings. subsequently sold debt instruments can based information that the reopening Under § 1.1275–1(f), two or more debt be distinguished is if they are assigned will convert, at most, only a small instruments are part of the same issue new CUSIP numbers. The assignment of amount of OID into market discount. To if they have the same payment and new CUSIP numbers prevents the debt clearly and accurately measure the credit terms and are sold reasonably instruments from being fungible and, conversion benefit across different close in time either pursuant to a thereby, defeats the purpose of the interest rate environments and debt common plan or as part of a single reopening. instrument terms, the proposed transaction or series of related regulations use a yield-based standard. transactions. Usually, there is little B. Qualified Reopenings The 107.5 percent standard was doubt as to what constitutes an issue This document proposes new designed to give some relief to the because all of the relevant debt qualified reopening rules. Under these reopening of relatively short-term issues instruments have identical terms, have rules, additional debt instruments sold (that is, issues with a remaining term of
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10 years or less). These issues tend to of the original debt instruments. This Act (5 U.S.C. chapter 5) does not apply be the most impacted by the OID de difference would either increase or to these regulations and, because the minimis rule standard. decrease the aggregate adjusted issue regulations do not impose a collection The two yield-based rules are prices of all of the debt instruments in of information on small entities, the designed to work in tandem. The 107.5 the issue (both original and additional) Regulatory Flexibility Act (5 U.S.C. percent of yield restriction is tested 7 with respect to the issuer (but not the chapter 6) does not apply. Pursuant to days before the anticipated pricing date. holder). The issuer would then, as of the section 7805(f) of the Code, this notice This rule is designed to give the issuer reopening date, recompute the yield of of proposed rulemaking will be a preliminary indication that its the debt instruments in the issue based submitted to the Chief Counsel for reopening will be a qualified reopening on this aggregate adjusted issue price Advocacy of the Small Business prior to the issuer’s announcement of and the remaining payment schedule of Administration for comment on its the reopening. Importantly, this the debt instruments. The issuer would impact on small business. preliminary indication is not use this redetermined yield for purposes Comments and Public Hearing controlling. Absent the 115 percent rule, of applying the constant yield method to if market interest rates were to move determine its accruals of interest Before these proposed regulations are sharply upward in the week between expense over the remaining term of the adopted as final regulations, the announcement date and the pricing debt instruments in the issue. consideration will be given to any date, the reopened debt instruments During the consideration of the written or electronic comments (a would go out with a significant amount issuer’s treatment of the additional debt signed original and eight (8) copies, if of market discount (instead of OID) instruments, a question arose as to written) that are submitted timely (in notwithstanding the fact that seven days whether the issuer’s all-in-cost-of- the manner described in the ADDRESSES before the pricing date the instruments capital should be used to determine the portion of this preamble) to the IRS. The satisfied the 107.5 percent rule. In this issuer’s interest expense for a particular IRS and Treasury specifically request presumably rare and unusual case, the borrowing. Under current law, the costs comments on the clarity of the proposed tax policy concern of converting a of anticipatory hedges and bond regulations and how the regulations significant amount of OID into market issuance costs (such as underwriter fees) may be made easier to understand. All discount becomes relatively more are not treated as interest expense even comments will be available for public important. The proposed regulations, though they affect the issuer’s cost of inspection and copying. therefore, limit the total amount of acquiring funds (the issuer’s all-in-cost- A public hearing has been scheduled discount that can be converted into of-capital). The IRS and the Treasury for March 22, 2000, at 10 a.m., in room market discount with the 115 percent Department request comments on 2615, Internal Revenue Building, 1111 rule. whether the issuer’s all-in-cost-of- Constitution Avenue NW., Washington, DC. Due to building security C. Definition of Issue capital should be used to determine the issuer’s interest expense for a particular procedures, visitors must enter at the The proposed regulations also change borrowing. 10th Street entrance, located between the definition of issue that is currently Constitution and Pennsylvania in § 1.1275–1(f) of the final OID E. Proposed Effective Dates Avenues, NW. In addition, all visitors regulations (described above). Section 1.163–7(e) of the proposed must present photo identifications to Essentially, the proposed regulations regulations would apply to qualified enter the building. Because of access limit the ‘‘reasonably close in time’’ reopenings where the reopening date is restrictions, visitors will not be standard of current law to 13 days. The on or after the date that is 60 days after admitted beyond the immediate IRS and the Treasury Department the date final regulations are published entrance area more than 15 minutes believe that reopenings should be done in the Federal Register. Section 1.1275– before the hearing starts. For through the proposed qualified 2(k) of the proposed regulations would information about having your name reopening rule (discussed above), not apply to debt instruments that are part placed on the building access list to through an expansive interpretation of of a reopening where the reopening date attend the hearing, see the FOR FURTHER the regulatory definition of issue. The is on or after the date that is 60 days INFORMATION CONTACT section of this 13-day limitation was chosen to prevent after the date final regulations are preamble. an issuer that comes to market every published in the Federal Register. The rules of 26 CFR 601.601(a)(3) two weeks from stretching the definition The proposed revision to the apply to the hearing. Persons who wish of issue to cover two consecutive market definition of the term issue would apply to present oral comments at the hearing sales. If an issuer wants to reopen more to debt instruments whose issue date is must submit written comments by than 13 days after the initial offering, on or after the date that is 60 days after February 3, 2000, and submit an outline the sole test should be whether the the date final regulations are published of the topics to be discussed and the reopening qualifies under the proposed in the Federal Register. For debt time to be devoted to each topic (signed qualified reopening rules. instruments issued prior to the effective original and eight (8) copies) by March date of the regulations, no inference is 1, 2000. A period of 10 minutes will be D. Issuer’s Treatment intended as to how the term issue allotted to each person for making This document also proposes rules should be interpreted under the current comments. An agenda showing the that clarify the issuer’s treatment of the final regulations. scheduling of the speakers will be debt instruments comprising an issue prepared after the deadline for receiving Special Analyses when there is a qualified reopening. The outlines has passed. Copies of the proposed regulations require the issuer It has been determined that this notice agenda will be available free of charge to take into account, as an adjustment to of proposed rulemaking is not a at the hearing. its interest expense, any difference significant regulatory action as defined between the amounts paid by the in Executive Order 12866. Therefore, a Drafting Information holders to acquire the additional debt regulatory assessment is not required. It The principal author of these instruments issued in the qualified also has been determined that section regulations is William E. Blanchard, reopening and the adjusted issue price 553(b) of the Administrative Procedure Office of Assistant Chief Counsel
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(Financial Institutions and Products). debt instruments in the issue for the capacity of an underwriter, However, other personnel from the IRS purposes of applying the constant yield placement agent, or wholesaler. and the Treasury Department method described in § 1.1272–1(b) to (2) Cross-references for reopening and participated in their development. determine the issuer’s accruals of aggregation rules. See § 1.1275–2(d) and interest expense over the remaining (k) for rules that treat debt instruments List of Subjects in 26 CFR Part 1 term of the debt instruments in the issued in certain reopenings as part of Income taxes, Reporting and issue. This redetermined yield is based an issue of original (outstanding) debt recordkeeping requirements. on the aggregate adjusted issue prices of instruments. See § 1.1275–2(c) for rules Proposed Amendments to the the debt instruments in the issue (as that treat two or more debt instruments Regulations determined under this paragraph (e)) as a single debt instrument. and the remaining payment schedule of (3) Effective date. This paragraph (f) Accordingly, 26 CFR part 1 is the debt instruments in the issue. If the applies to debt instruments whose issue proposed to be amended as follows: aggregate adjusted issue prices of the date is on or after the date that is 60 debt instruments in the issue (as days after the date final regulations are PART 1ÐINCOME TAXES determined under this paragraph (e)) are published in the Federal Register. Paragraph 1. The authority citation less than the aggregate stated * * * * * for part 1 continues to read in part as redemption price at maturity of the Par. 4. In § 1.1275–2, paragraph (d) is follows: instruments (determined as of the revised and paragraph (k) is added to Authority: 26 U.S.C. 7805 * * * reopening date) by a de minimis amount read as follows: (within the meaning of § 1.1273–1(d)), Par. 2. Section 1.163–7 is amended § 1.1275±2 Special rules relating to debt the issuer may use the rules in instruments. by: paragraph (b) of this section to 1. Redesignating paragraph (e) as determine the issuer’s accruals of * * * * * paragraph (f). interest expense. (d) [The text of this proposed 2. Adding a new paragraph (e). (5) Effect of adjustments on issuer’s paragraph (d) is the same as the text of 3. Revising newly designated adjusted issue price. The adjustments § 1.1275–2T(d) published elsewhere in paragraph (f). made under this paragraph (e) are taken this issue of the Federal Register.] The revision and addition read as into account for purposes of * * * * * follows: determining the issuer’s adjusted issue (k) Reopenings—(1) In general. Notwithstanding § 1.1275–1(f), § 1.163±7 Deduction for OID on certain price under § 1.1275–1(b). debt instruments. (6) Definitions. The terms additional additional debt instruments issued in a debt instrument, original debt qualified reopening are part of the same * * * * * instrument, qualified reopening, and issue as the original debt instruments. (e) Qualified reopening—(1) In reopening date have the same meanings As a result, the additional debt general. In a qualified reopening of an as in § 1.1275–2(k). instruments have the same issue date, issue of debt instruments, if a holder (f) Effective dates. This section (other the same issue price, and (with respect pays more or less than the adjusted than paragraph (e) of this section) to holders) the same adjusted issue price issue price of the original debt applies to debt instruments issued on or as the original debt instruments. instruments to acquire an additional after April 4, 1994. Taxpayers, however, (2) Definitions—(i) Original debt debt instrument, the issuer treats this may rely on this section (other than instruments. Original debt instruments difference as an adjustment to the paragraph (e) of this section) for debt are debt instruments comprising any issuer’s interest expense for the original instruments issued after December 21, single issue of outstanding debt and additional debt instruments. As 1992, and before April 4, 1994. instruments. For purposes of provided by paragraphs (e)(2) through Paragraph (e) of this section applies to determining whether a particular (e)(5) of this section, the adjustment is qualified reopenings where the reopening is a qualified reopening, debt taken into account over the term of the reopening date is on or after the date instruments issued in prior qualified instrument using constant yield that is 60 days after the date final reopenings are treated as original debt principles. regulations are published in the Federal instruments and debt instruments (2) Positive adjustment. If the Register. issued in the particular reopening are difference is positive (that is, the holder Par. 3. In § 1.1275–1, paragraph (f) is not so treated. pays more than the adjusted issue price revised to read as follows: (ii) Additional debt instruments. of the original debt instrument), then, Additional debt instruments are debt with respect to the issuer but not the § 1.1275±1 Definitions. instruments that, without the holder, the difference increases the * * * * * application of this paragraph (k)— aggregate adjusted issue prices of all of (f) Issue—(1) Definition. Two or more (A) Are part of a single issue of debt the debt instruments in the issue, both debt instruments are part of the same instruments; original and additional. issue if the debt instruments— (B) Are not part of the same issue as (3) Negative adjustment. If the (i) Have the same credit and payment the original debt instruments; and difference is negative (that is, the holder terms; (C) Have terms that are in all respects pays less than the adjusted issue price (ii) Are issued either pursuant to a identical to the terms of the original of the original debt instrument), then, common plan or as part of a single debt instruments as of the reopening with respect to the issuer but not the transaction or a series of related date. holder, the difference reduces the transactions; and (iii) Reopening date. The reopening aggregate adjusted issue prices of all of (iii) Are issued within a period of 13 date is the issue date of the additional the debt instruments in the issue, both days beginning with the date on which debt instruments (determined without original and additional. the first debt instrument that would be the application of this paragraph (k)). (4) Determination of issuer’s interest part of the issue is issued to a person (iv) Qualified reopening. A qualified accruals. As of the reopening date, the other than a bond house, broker, or reopening is a reopening of original debt issuer must redetermine the yield of the similar person or organization acting in instruments (other than tax-exempt
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.290 pfrm03 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60399 obligations, as defined in section DEPARTMENT OF TRANSPORTATION view of the comments. The Coast Guard 1275(a)(3), and contingent payment debt plans no public hearing; however, instruments, within the meaning of Coast Guard persons may request a public hearing by § 1.1275–4) that meets all of the writing to Lieutenant Goldhammer at 33 CFR Part 110 following conditions: the address under ADDRESSES. If the opportunity for oral presentations will (A) The original debt instruments are [CGD09±99±081] aid this rulemaking, the Coast Guard publicly traded (within the meaning of RIN 2115±AA98 will hold a public hearing at a time and § 1.1273–2(f)). Special Anchorage Area: Henderson place announced by a later notice in the (B) The reopening date of the Harbor, NY Federal Register. additional debt instruments is not more Discussion of Proposed Rules than 6 months after the issue date of the AGENCY: Coast Guard, DOT. original debt instruments. ACTION: Notice of proposed rulemaking. The proposed rule is in response to a request from the Town of Henderson (C) The debt instruments satisfy either SUMMARY: The Coast Guard proposes to harbormaster to accommodate an the test described in paragraph (k)(3) of enlarge the existing special anchorage increased number of vessels mooring in this section or the test described in area in Henderson Harbor, New York. this area and to offset the loss of paragraph (k)(4) of this section. This action is taken at the request of the available moorings in the special (3) Yield test. For purposes of Town of Henderson harbormaster, and anchorage area because of lower water paragraph (k)(2)(iv)(C) of this section— is intended to make space available levels in Lake Ontario. The proposed (i) Seven days before the date on within the special anchorage area for rule would expand Area A of the which the price of the additional debt additional moorings. existing special anchorage near Henderson Harbor, New York, described instruments is established, the yield of DATES: Comments must be received on in 33 CFR 110.87(a), to allow its use by the original debt instruments (based on or before January 4, 2000. additional boats. Vessels not more than their fair market value) is not more than ADDRESSES: Comments may be mailed to 65 feet in length, when at anchor in any Commander (map-1), Marine Safety 107.5 percent of the yield of the original special anchorage, are not required to Division, Ninth Coast Guard District, debt instruments on their issue date (or, carry or exhibit the white anchor lights 1240 East Ninth Street, Cleveland, Ohio if the original debt instruments were required by Navigation Rules. The 44199–2060. Commander (map-1) issued with no more than a de minimis proposed rule would provide additional maintains the public docket for this amount of OID, the coupon rate); and moorings in which vessel owners may rulemaking. Comments and material (ii) The yield of the additional debt enjoy the convenience of a special received from the public, as well as anchorage. The existing anchorage, instruments (based on the sales price of documents indicated in this preamble as located near Graham Creek, is split into the additional debt instruments) is not being available in the docket, will two areas by a short fairway channel. more than 115 percent of the yield of become part of this docket and will be The proposed change would extend the the original debt instruments on their available for inspection or copying at eastern most length of the Area A issue date (or, if the original debt Commander, Ninth Coast Guard District, anchorage by approximately 900 feet, instruments were issued with no more 1240 E. Ninth Street, Room 2069, increasing the length of the fairway than a de minimis amount of OID, the Cleveland, Ohio 44199–2060, between 8 coupon rate). channel by the same distance. a.m. and 4 p.m., Monday through The descriptions of Area A and Area (4) De minimis OID test. For purposes Friday, except Federal holidays. B are being changed to latitude and of paragraph (k)(2)(iv)(C) of this section, FOR FURTHER INFORMATION CONTACT: longitude position points in order to the additional debt instruments are Lieutenant Lynn Goldhammer, Marine more accurately describe the special issued with no more than a de minimis Safety Division, Ninth Coast Guard anchorage area and for consistency with amount of OID (determined without the District, 1240 East Ninth Street, other established special anchorage area application of this paragraph (k)). Cleveland, Ohio 44199–2060, (216) 902– descriptions. No other changes to the (5) Special rule for Treasury 6050. anchorage area other than that described reopenings. See paragraph (d) of this SUPPLEMENTARY INFORMATION: above for Area A are intended by this section for special rules for reopenings Request for Comments change to latitude and longitude of Treasury securities. description. The Coast Guard encourages (6) Issuer’s treatment of a qualified interested persons to participate in this Regulatory Evaluation reopening. See § 1.163–7(e) for the rulemaking by submitting written data, This proposed rule is not a significant issuer’s treatment of the debt views, or arguments. Persons submitting regulatory action under section 3(f) of instruments that are part of a qualified comments should include their names Executive Order 12866, and does not reopening. and addresses, identify this rulemaking require an assessment of potential costs (7) Effective date. This paragraph (k) (CGD09–99–081) and the specific and benefits under section 6(a)(3) of that applies to debt instruments that are part section of this proposal to which each Order. It has not been reviewed by the of a reopening where the reopening date comment applies. Give the reason for Office of Management and Budget under is on or after the date that is 60 days each comment. Persons wanting that Order. It is not significant under the after the date final regulations are acknowledgment of receipt of comments regulatory policies and procedures of published in the Federal Register. should enclose a stamped, self- the Department of Transportation (DOT) addressed envelope or postcard. (44 FR 11040; February 26, 1979). David A. Mader, Comments should be submitted to the The Coast Guard expects the Acting Deputy Commissioner of Internal address under ADDRESSES. economic impact of this proposal to be Revenue. The Coast Guard will consider all so minimal that a full Regulatory [FR Doc. 99–28742 Filed 11–3–99; 8:45 am] comments received during the comment Evaluation under paragraph 10(e) of the BILLING CODE 4830±01±U period. It may change this proposal in regulatory policies and procedures of
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DOT is unnecessary. No person will be List of Subjects in 33 CFR Part 110 ENVIRONMENTAL PROTECTION required to spend any money in order AGENCY to comply with this regulation. The Anchorage grounds. 40 CFR Part 52 proposed regulation will exempt Proposed Regulation persons operating in the expanded area [TN±192±1±9962(b); TN±193±1±9963(b); from complying with the more stringent For the reason set out in the preamble, FRL±6464±9] vessel lighting regulations they would the Coast Guard proposes to amend 33 ordinarily be obliged to follow. CFR part 110 as follows: Approval and Promulgation of Implementation Plans; Tennessee: Small Entities PART 110Ð[AMENDED] Approval of Source Specific Revisions Under the Regulatory Flexibility Act to the Nonregulatory Portion of the (5 U.S.C. 601 et seq.), the Coast Guard 1. The authority citation for part 110 Tennessee SIP Regarding Emission must consider whether this proposed continues to read as follows: Limits for Particulate Matter and Volatile Organic Compounds rule, if adopted, will have a significant Authority: 33 U.S.C. 471, 2071; 1221 economic impact on a substantial through 1236, 2030, 2035, 2071, 49 CFR 1.46 AGENCY: Environmental Protection number of small entities. ‘‘Small and 33 CFR 1.05–1(g). Agency (EPA). entities’’ include small businesses, not- ACTION: Proposed rule. for-profit organizations that are 2. Section 110.87 is revised to read as independently owned and operated and follows: SUMMARY: The EPA proposes to approve two requests by the Tennessee are not dominant in their fields, and § 110.87 Henderson Harbor, N.Y. governmental jurisdictions with Department of Air Pollution Control populations of less than 50,000 people. (a) Area A. The area in the southern (TDAPC) to incorporate revised permits For the reasons discussed in the portion of Henderson Harbor west of the for eight facilities into the Tennessee Regulatory Evaluation section above, the Henderson Harbor Yacht Club bounded State Implementation Plan (SIP). All of Coast Guard expects that this proposed by a line beginning at latitude the permits affected by this action were rule, if adopted, will not have any 43°51′08.8′′ N, longitude 76°12′08.9′′ W, previously approved into the SIP to significant impact on a substantial thence to latitude 43°51′09.0′′ N, meet various Clean Air Act (CAA) and number of small entities. If, however, longitude 76°12′19.0′′ W, thence to regulatory requirements. EPA proposes you think that your business or latitude 43°51′23.8′′ N, longitude to approve an April 9, 1997, submittal organization qualifies as a small entity 76°12′19.0′′ W, thence to latitude from TDAPC that amends permits for and that this proposed rule will have a 43°51′33.4′′ N, longitude 76°12′09.6′′ W, the Soda Recovery Furnace and the significant economic impact on your thence to the point of beginning. Smelt Tank at Willamette Industries business or organization, please submit Inc., Kingsport, to establish revised a comment (see ADDRESSES) explaining (b) Area B. The area in the southern particulate matter (PM) emission limits why you think your business or portion of Henderson Harbor north of for these units. The revised emission organization qualifies and in what way Graham Creek Entrance Light bounded limits will have a net positive impact on and to what degree this proposed rule by a line beginning at latitude ambient air quality. An April 14, 1997, will economically affect it. 43°51′21.8′′ N, longitude 76°11′58.2′′ W, submittal from the Chattanooga- thence to latitude 43°51′21.7′′ N, Hamilton County Air Pollution Control Collection of Information longitude 76°12′05.5′′ W, thence to Bureau (CHCAPCB), through TDAPC, ° ′ ′′ This proposed rule contains no latitude 43 51 33.4 N, longitude revises the permits as amended by ° ′ ′′ collection of information requirements 76 12 06.2 W, thence to latitude agreed order for seven miscellaneous ° ′ ′′ ° ′ ′′ under the Paperwork Reduction Act of 43 51 33.6 N, longitude 76 12 00.8 W, metal parts coaters located in Hamilton 1995 (44 U.S.C. 3501, et seq.). thence to the point of beginning. All County to qualify them as a synthetic nautical positions are based on North minor sources. Based on supplemental Federalism American Datum of 1983. information received from CHCAPCB, EPA has concluded that one of these The Coast Guard has analyzed this (c) Permission must be obtained from seven facilities is now a new source and proposed rule under the principles and the Town of Henderson Harbormaster thus need not be included in this criteria contained in Executive Order before any vessel is moored or anchored approval action. EPA proposes to 13132 and has determined that this in this special anchorage area. approve the revised permits for the proposed rule does not have Dated: October 21, 1999. remaining six facilities into the SIP. In implications for federalism under that the Final Rules section of this Federal order. James D. Hull, Rear Admiral, U.S. Coast Guard, Commander, Register, the EPA is approving the Environment Ninth Coast Guard District. State’s SIP revision as a direct final rule without prior proposal because the [FR Doc. 99–29029 Filed 11–4–99; 8:45 am] The Coast Guard has considered the Agency views this as a noncontroversial environmental impact of this proposed BILLING CODE 4910±15±U submittal and anticipates no adverse rule and concludes that under figure 2– comments. A detailed rationale for the 1, paragraph (34)(g) of Commandant approval is set forth in the direct final Instruction M16475.1C, this rule is rule. If no adverse comments are categorically excluded from further received in response to this action, no environmental documentation. A further activity is contemplated. If EPA ‘‘Categorical Exclusion Determination’’ receives adverse comments, the direct is available in the docket for inspection final rule will be withdrawn and all or copying and may be obtained by public comments received will be contacting the Coast Guard office listed addressed in a subsequent final rule under ADDRESSES in this proposed rule. based on this proposed rule. The EPA
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.313 pfrm03 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60401 will not institute a second comment SUMMARY: The EPA proposes to approve Dated: October 6, 1999. period on this document. Any parties the State implementation plan (SIP) A. Stanley Meiburg, interested in commenting on this revision submitted by the State of Acting Regional Administrator, Region 4. document should do so at this time. Tennessee for the purpose of revising [FR Doc. 99–28880 Filed 11–4–99; 8:45 am] DATES: Written comments must be the rule for exceptions to the open BILLING CODE 6560±50±P received on or before December 6, 1999. burning and permits regulations for the ADDRESSES: All comments should be Knox County portion of the Tennessee addressed to: Allison Humphris at the SIP. In the Final Rules section of this ENVIRONMENTAL PROTECTION EPA, Region 4, Air Planning Branch, 61 Federal Register, the EPA is approving AGENCY Forsyth Street, SW, Atlanta, Georgia the State’s SIP revision as a direct final 40 CFR Part 86 30303. rule without prior proposal because the Copies of the state submittal(s) are Agency views this as a noncontroversial [FRL±6470±7] available at the following addresses for submittal and anticipates no adverse inspection during normal business comments. A detailed rationale for the Control of Air Pollution From New hours: approval is set forth in the direct final Motor Vehicles; Compliance Programs rule. If no adverse comments are for New Light-Duty Vehicles and Light- Air and Radiation Docket and received in response to this action, no Duty Trucks Information Center (Air Docket 6102), further activity is contemplated. If EPA U.S. Environmental Protection receives adverse comments, the direct AGENCY: Environmental Protection Agency, 401 M Street, SW, final rule will be withdrawn and all Agency (EPA). Washington, DC 20460. public comments received will be ACTION: Notice requesting comment on Environmental Protection Agency, addressed in a subsequent final rule Ethyl Corporation petition for Region 4, Air Planning Branch, 61 based on this proposed rule. The EPA reconsideration. Forsyth Street, SW, Atlanta, Georgia will not institute a second comment SUMMARY: 30303–8960. Allison Humphris, 404/ period on this document. Any parties EPA requests comment on a 562–9030. interested in commenting on this petition submitted to EPA by the Ethyl Tennessee Department of Environment document should do so at this time. Corporation (Ethyl). The petition and Conservation, Division of Air requests reconsideration of the CAP Pollution Control, L & C Annex, 9th DATES: Written comments must be 2000 final rule at 64 FR 23906 (May 4, Floor, 401 Church Street, Nashville, received on or before December 6, 1999. 1999). Tennessee 37243–1531. 615/532– ADDRESSES: All comments should be DATES: Comments must be received on 0554. addressed to Steven M. Scofield at the or before December 20, 1999. Chattanooga-Hamilton County Air EPA, Region 4 Air Planning Branch, 61 ADDRESSES: Interested parties should Pollution Control Bureau, 3511 Forsyth Street, SW, Atlanta, Georgia submit written comments (in duplicate, Rossville Boulevard, Chattanooga, 30303. if possible) to: EPA Air and Radiation Tennessee 37407–2495. 423/867– Copies of the State submittals are Docket, Attention Docket No.A–96–50, 4321. available at the following addresses for room M–1500 (mail code 6102), 401 M FOR FURTHER INFORMATION CONTACT: inspection during normal business St., SW, Washington, D.C. 20460. The Allison Humphris at 404/562–9030. hours: docket may be inspected at this location SUPPLEMENTARY INFORMATION: For Air and Radiation Docket and from 8:30 a.m. until 5:30 p.m. additional information see the direct Information Center (Air Docket 6102), weekdays. The docket may also be final rule which is published in the U.S. Environmental Protection reached by telephone at (202) 260–7548. Final Rules section of this Federal Agency, 401 M Street, SW, As provided in 40 CFR part 2, a Register. Washington, DC 20460. reasonable fee may be charged by EPA for photocopying. Dated: October 18, 1999. Environmental Protection Agency, FOR FURTHER INFORMATION CONTACT: A. Stanley Meiburg, Region 4 Air Planning Branch, 61 Linda Hormes, Office of Mobile Sources, Acting Regional Administrator, Region 4. Forsyth Street, SW, Atlanta, Georgia Vehicle Programs and Compliance 30303. Steven M. Scofield, 404/562– [FR Doc. 99–28212 Filed 11–2–99; 8:45 am] Division, 2000 Traverwood, Ann Arbor, 9034. BILLING CODE 6560±50±P MI 48105. Phone: (734) 214–4502. Division of Air Pollution Control, Email: [email protected]. Tennessee Department of SUPPLEMENTARY INFORMATION: On July 2, ENVIRONMENTAL PROTECTION Environment and Conservation, L & C 1999, the Ethyl Corporation submitted a AGENCY Annex, 9th Floor, 401 Church Street, petition to EPA requesting Nashville, Tennessee 37243–1531. reconsideration of the CAP 2000 final 40 CFR Part 52 615/532–0554. rule. Ethyl based its request for [TN±105±1±9949b; TN±209±1±9950b; FRL± Knox County Department of Air reconsideration on the argument that 6469±3] Pollution Control, 400 West Main certain aspects of the CAP 2000 rule are Avenue, Suite 339, City-County inconsistent with the Clean Air Act Approval and Promulgation of Building, Knoxville, Tennessee (Act). In brief, Ethyl focused on the Implementation Plans; Tennessee: 37902–2405. 423/215–2488. durability demonstration requirements Approval of Revisions to Knox County FOR FURTHER INFORMATION CONTACT: of the regulation and stated that section portion of Tennessee Implementation Steve M. Scofield at 404/562–9034. 206(d) of the Act requires EPA to Plan SUPPLEMENTARY INFORMATION: For establish certification test procedures by AGENCY: Environmental Protection additional information see the direct regulation and that EPA can not avoid Agency (EPA). final rule which is published in the its rulemaking responsibilities under Final Rules section of this Federal 307(d) by characterizing the certification ACTION: Proposed rule. Register. process as an adjudicatory type
VerDate 29-OCT-99 11:31 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\A05NO2.279 pfrm03 PsN: 05NOP1 60402 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules proceeding. Ethyl’s petition also states Management Council, 803–571–4366; EIS and EA commenced with that maintaining the secrecy of Fax: 803–769–4520; E-mail address: publication of the document on October certification test procedures is not in the [email protected] 6, 1999. In addition to holding the public interest. Ethyl also submitted scoping meetings, NMFS is accepting Correction comments during the CAP 2000 written comments on the range of rulemaking; the preamble to the final In the Federal Register issue of actions, alternatives, and impacts it rule discusses these, explains EPA’s October 25, 1999, in FR Doc. 99–27769, should be considering for this EIS, as reasons for adopting the durability on page 57436, in the first column, well as comments on the scope of the demonstration procedures contained in correct the Subject line to read as EA. the rule, and why EPA believes these follows: DATES: Written comments will be provisions are consistent with the Act. Fisheries of the Caribbean, Gulf of accepted through December 6, 1999. See Because of the potential impact the Mexico, and South Atlantic; Snapper ADDRESSES for location to mail or fax Agency’s decision could have on the Grouper Fishery off the Southern written comments. See SUPPLEMENTARY automotive industry and on other Atlantic States; Public Hearings. INFORMATION for meeting times and concerned parties, EPA is requesting Dated: October 29, 1999. special accommodations. comment on all the issues raised in Bruce C. Morehead, ADDRESSES: The Responsible Program Ethyl’s petition for reconsideration. EPA Acting Director, Office of Sustainable Manager for this EIS is Rodney R. also requests that commenters address Fisheries, National Marine Fisheries Service. McInnis, Acting Southwest Regional any specific impacts the decision [FR Doc. 99–29058 Filed 11–4–99; 8:45 am] Administrator, NMFS. Written (whether approval or denial) would BILLING CODE 3510±22±F comments and requests to be included have on the commenter. EPA will on a mailing list of persons interested in consider all comments and publish its the EIS should be sent to Marilyn final decision in a separate Federal DEPARTMENT OF COMMERCE Luipold, Pacific Islands Area Office, Register document. NMFS, 1601 Kapiolani Blvd., Suite The Ethyl petition and other related National Oceanic and Atmospheric 1110, Honolulu, HI 96814–4700. documents may be found in the docket Administration Comments also may be sent, via listed above in the ADDRESSES section. facsimile, to 808–973–2941. NMFS will An electronically scanned copy of 50 CFR Part 660 not accept comments sent by e-mail or Ethyl’s petition can be found at http:// [I.D. 102899A] the Internet. See SUPPLEMENTARY www.epa.gov/oms/ld-hwy.htm#regs. INFORMATION for meeting locations and Dated: November 1, 1999. Pelagics Fisheries of the Western special accommodations. Margo T. Oge, Pacific Region FOR FURTHER INFORMATION CONTACT: Director, Office of Mobile Sources. AGENCY: National Marine Fisheries Marilyn Luipold, 808–973–2937 or 2935 [FR Doc. 99–29076 Filed 11–4–99; 8:45 am] Service (NMFS), National Oceanic and extension 204. BILLING CODE 6560±50±U Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: Under the Commerce. Magnuson-Stevens Fishery ACTION: Conservation and Management Act, the DEPARTMENT OF COMMERCE Notice of scoping meetings; notice of cancellation of one scoping United States has exclusive fishery management authority over all living National Oceanic Atmospheric meeting; request for comments. marine resources within the EEZ Administration SUMMARY: On October 6, 1999, and on between the seaward boundary of each 50 CFR Part 622 October 20, 1999, NMFS announced its state or U.S. island possession seaward intent to prepare an Environmental to 200 nautical miles from the baseline [I.D. 101299F] Impact Statement (EIS) on Federal used to measure the territorial sea. The management of the fishery for pelagic management of these marine resources Fisheries of the Caribbean, Gulf of species in the Exclusive Economic Zone is vested in the Secretary of Commerce Mexico, and South Atlantic; Snapper (EEZ) waters of the Western Pacific and in eight regional fishery Grouper Fishery off the Southern Region. The scope of the EIS analysis management councils. The Western Atlantic States; Public Hearings will include all activities related to the Pacific Fishery Management Council AGENCY: National Marine Fisheries conduct of the fishery authorized and (Council) has the responsibility to Service (NMFS), National Oceanic managed under the Fishery prepare FMPs for the marine resources Atmospheric Administration (NOAA), Management Plan for the Pelagics that require conservation and Commerce. Fisheries of the Western Pacific Region management in the Western Pacific ACTION: Notice of public hearings; (FMP) and all amendments thereto. Region. The National Environmental request for comments; correction. Additionally, NMFS announced its Policy Act (NEPA) requires preparation intention to prepare an Environmental of EISs for major Federal actions SUMMARY: NMFS published a document Assessment (EA) on the fishery for significantly affecting the quality of the in the Federal Register of October 25, pelagic species in the EEZ waters of the human environment (42 U.S.C. 4332). 1999, announcing public hearings on Western Pacific Region. The scope of The FMP was developed by the Draft Amendment 12 to the Fishery the analysis of the EA will include all Council, and regulations implementing Management Plan for the Snapper- activities related to the conduct of the management measures were published Grouper Fishery of the South Atlantic fishery for the 2-year period NMFS on February 17, 1987 (52 FR 5983). An Region and its draft supplemental anticipates is necessary to prepare the EA was prepared for the action environmental impact statement. The EIS. NMFS is holding concurrent implementing the FMP. The FMP has document contained an error in the scoping meetings to provide for public been amended seven times, and NEPA subject line. input into the range of actions, environmental documents FOR FURTHER INFORMATION CONTACT: alternatives, and impacts that the EIS (environmental assessments, categorical Kerry O’Malley, South Atlantic Fishery and EA should consider. Scoping for the exclusions, findings of no significant
VerDate 29-OCT-99 15:36 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\05NOP1.XXX pfrm04 PsN: 05NOP1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60403 impact, and an EIS) have been prepared alternative management scenarios that species of fish (including tunas, for each FMP and regulatory will ensure consideration of impacts swordfish, and sharks), fish that are amendment. However, many of these that may reach beyond the EEZ. As the discarded, marine mammals (Hawaiian earlier documents have become number of possible alternatives is monk seals and cetaceans), sea turtles, outdated and/or focused on individual virtually infinite, the EIS will not and seabirds present in the Western management actions, making it difficult consider detailed alternatives for every Pacific ecosystem. Additionally, the EA to obtain a comprehensive view of aspect of the FMP. Therefore, a will evaluate socio-economic impacts issues and management options for the principal objective of the scoping and associated with the fishery on groups of fishery as it exists today. NMFS is public input process is to identify a individuals, including fishing undertaking preparation of a reasonable set of management communities, harvesters, processors and comprehensive EIS in order to analyze alternatives that, with adequate marketers, consumers, subsistence and the fishery as it is currently conducted, analysis, will sharply define critical recreational users of living marine to address any and all impacts that issues and provide a clear basis for resources in the management area, non- might have been overlooked in earlier choice among the alternatives. consumptive users, and individuals involved in allied support industries analyses, and to improve management Issues of the fishery. The Federal action under and management and monitoring of the review is defined as, among other The environmental consequences fisheries. Although the focus of the EA things, all activities authorized and section of the EIS will display the will be analysis of impacts associated managed under the FMP, as amended. impacts of pelagics harvest accruing with continuation of fishing as currently with present management regulations conducted, reasonable alternatives for The EIS will present an overall and under a range of representative picture of the environmental effects of application in the 2-year period, alternative management regulations on including area and/or seasonal closures fishing as conducted under the FMP, Western Pacific ecosystem issues. These rather than focusing narrowly on one for the longline fishery, gear restrictions issues include: Essential fish habitat and/or modifications including management action, and will include a (EFH), target and non-target species of range of reasonable management prohibitions on the use of longline gear fish (including tunas, swordfish, and in part or all of the management area, alternatives and an analysis of their sharks), fish that are discarded, marine impacts in order to define issues and and adjustments to requirements for mammals (Hawaiian monk seals and handling incidental hookings and provide a clear basis for choice among cetaceans), sea turtles, and seabirds options by the public, the Council, and takings of protected species, will be present in the Western Pacific addressed. NMFS. NMFS intends to assess the ecosystem. In addition, the biological and socio-economic impacts environmental consequences section Public Involvement that result from regulation of the pelagic will contain a summary, interpretation, Scoping for the EIS and EA began fisheries of the Western Pacific Region, and predictions for socio-economic with publication of the document at 64 including license limitation, as well as issues associated with conduct of the FR 54272, October 6, 1999. An present and potential controls on effort, fishery on the following groups of informational presentation of the project harvest levels, location, timing, and individuals: (1) Those who participate will be made at a scoping meeting to be methods of fishing. The effects on in harvesting the fishery resources and held in the Hawaiian Islands on Oahu associated species, including other living marine resources, (2) those at the following time and location: interactions with protected species, will who process and market the fish and Waianae, Oahu, HI—November 30, be assessed. NMFS intends to evaluate fishery products, (3) those who are 1999, 6—8 p.m., Waianae Public the significant changes that have involved in allied support industries, (4) Library, 85625 Farrington Hwy., occurred in the pelagic fisheries, those who consume fishery products, (5) Waianae, HI 96792. including the significant cumulative those who rely on living marine Scoping meetings in American effects of changes in fishing activities, resources in the management area either Samoa, Commonwealth of the Northern socio-economics, the environment, and for subsistence needs or for recreational Mariana Islands, and Guam will be held management. The assessment will benefits, (6) those who benefit from non- at the following times and locations: include analysis of the cumulative or consumptive uses of living marine 1. Fagatogo, American Samoa, incremental impacts of actions and resources, (7) those involved in —November 15, 1999, 3—5 p.m., alternatives. Impacts associated with managing and monitoring fisheries, and Department of Marine and Wildlife status quo management (i.e., (8) fishing communities. Resources (DMWR) Conference Room, continuation of fishing as currently EA Issues AS. Phone contact c/o DMWR (684) conducted) will be presented and 633–4456. compared to situations simulating limits In the EA, NMFS intends to evaluate 2. Agana (Hagatna), GUAM, on fishing areas and/or gears over all or whether the conduct of the current —November 16, 1999, 7—8 p.m., Guam parts of the management area. Possible fisheries over the next 2 years will have Fishermen’s Cooperative Association, alternatives to the current conduct of significant environmental impacts. The Hagatna Boat Basin, Agana (Hagatna), the fishery include a range of area and/ Federal action under review in the EA GU. Phone contact c/o Guam Dept. of or seasonal closures for the longline is defined as all activities authorized Commerce (671) 475–0321. fishery, gear restrictions and/or and managed under the FMP, as 3. Susupe, Saipan, Commonwealth of modifications, including prohibitions amended, for the 2-year period the Northern Mariana Islands (CNMI), on the use of longline gear in some or anticipated to be necessary for —November 17, 1999, from 7:00–8:00 all of the management area, and preparation of the EIS. The EA will p.m., Joeten-Kiyu Library, Beach Road, adjustments to requirements for present an overall picture of the Susupe, Saipan, CNMI. Phone Division handling incidental hookings and environmental effects over the next 2 of Fish and Wildlife Resources (DFWR) takings of protected species. The years of fishing as conducted under the 670–322–9627 for information. impacts of EEZ fishing activity and FMP. Efforts will be made to quantify The meeting scheduled for Haleiwa, harvest on the marine environment will and explain the intensity of projected Oahu, HI for November 8, 1999, from be assessed under representative impacts on EFH, target and non-target 6—8 p.m., at Haleiwa Alii Beach Park,
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66167 Haleiwa Rd., Haleiwa, HI 96712 Special Accommodations Authority: 16 U.S.C. 1801 et seq. has been canceled. The cancellation is Dated: November 2, 1999. Requests for sign language due to loss of access to the Haleiwa Alii Bruce Morehead, Beach Park site. Interested persons are interpretation or other auxiliary aids should be directed to Marilyn Luipold, Acting Director, Office of Sustainable invited to attend the meeting scheduled Fisheries, National Marine Fisheries Service. for November 30, 1999, 6—8 p.m., at the (see ADDRESSES), 808–973–2937 (voice) Waianae Public Library, 85625 or 808–973–2941 (fax), at least 5 days [FR Doc. 99–29081 Filed 11–4–99; 8:45 am] Farrington Hwy., Waianae, HI 96792. before the meeting date. BILLING CODE 3510±22±P
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Notices Federal Register Vol. 64, No. 214
Friday, November 5, 1999
This section of the FEDERAL REGISTER authority for the Forest Service to issue the initial scoping process (40 CFR contains documents other than rules or permits to private landowner. 1501.7). A scoping document was proposed rules that are applicable to the Landowners shall be authorized such mailed to interested individuals and public. Notices of hearings and investigations, access as the authorized officer deems to groups in January of 1999. The comment committee meetings, agency decisions and be adequate to secure them the period has been extended. The public is rulings, delegations of authority, filing of petitions and applications and agency reasonable use and enjoyment of their welcome to visit Forest Service officials statements of organization and functions are land (36 CFR 251.110 (c)). The Gallatin anytime during the analysis and prior to examples of documents appearing in this National Forest Land and Resource the decision. No public meetings are section. Management Plan provides guidance for scheduled at this time. The following land management activities, including issues have been identified so far: access to private landowners. 1. Potential effects to westslope DEPARTMENT OF AGRICULTURE The proposed access is located on cutthroat trout and arctic grayling trout. Forest Service System land in Section 2. Potential effects on water quality Forest Service 12, T.9S., R.3E., in the Taylor Fork area. and stream condition of Taylor Fork Access would require the construction Creek. Issue an Easement To Access Private of a bridge across Taylor Fork Creek and 3. Potential effects to grizzly bear Land in the Taylor Fork Area; Gallatin approximately 400 feet of road habitat. National Forest, Gallatin County, MT reconstruction, or up to approximately 4. Potential effects to elk habitat. 1 AGENCY: Forest Service, USDA. ⁄4 mile of road construction. The Including elk calving, cumulative effects landowner would be responsible for the ACTION: Notice; intent to prepare of road densities, hiding and thermal environmental impact statement. bridge and road construction meeting cover. Forest Service design. The private 5. Potential effects to recreation. SUMMARY: The USDA, Forest Service, landowner will be required to obtain a The Draft EIS is expected to be filed will prepare an environmental impact 310 or 124 permit from Montana State with the Environmental Protection statement (EIS) to disclose the Fish, Wildlife and Parks before any Agency (EPA) and available for public environmental effects of issuing an bridge construction. review in February of 2000. At that easement to access private land in the One of the standards of the Gallatin time, the EPA will publish a Notice of Taylor Fork area. The Federal Land Forest Plan is that rights-of-way across Availability of the Draft EIS in the Policy and Management Act (FLPMA, National Forest System lands will be Federal Register. The comment period Pub. L. 94–579, 10/21/76) provided granted in situations involving a on the Draft EIS will be 45 days from the authority for the Forest Service to statutory right of access, subject to date the EPA’s notice of availability condition private requests for road compliance with applicable rules and appears in the Federal Register. It is regulations of the Secretary of access and use upon the private party’s very important that those interested in Agriculture. The proposed access is grant of reciprocal acquisition of USDA this project participate at that time. The located within Management Area 15, easements from the private landowner Final EIS is scheduled to be completed and Management Area 7 when crossing for the following facility: Public and by May, 2000. Taylor Fork Creek. Below are the administrative trail easement across The Forest Service believes, at this Section 1 for the Eldridge Creek Trail management goals. Management Area 15: 1. Meet grizzly early stage, it is important to give and the Lincoln Mountain Trail. reviewers notice of several court ruling DATES: Written comments and bear mortality reduction goals as established by the Interagency Grizzly related to public participation in the suggestions should be received on or environmental review process. First, before December 6, 1999. Bear Committee. 2. Manage vegetation to provide habitat necessary to recover reviewers of draft environmental impact ADDRESSES: Submit written comments the grizzly bear. 3. Provide forage for statements must structure their and suggestions on this proposed livestock consistent with goal 1. 4. participation in the environmental activity or a request to be placed on the Provide dispersed recreation review of the proposal so that it is project mailing list to Gary ‘Stan’ Benes, opportunities consistent with goal 1. meaningful and alters an agency to the District Ranger, Hebgen Lake Ranger Management Area 7: Manage the reviewers’ position and contention. District, Gallatin National Forest, P.O. riparian resource to protect the soil, Vermont Yankee Nuclear Power Corp. v. Box 520, West Yellowstone, Montana, water, vegetation, fish, and wildlife NRDS, 435 U.S. 519,553 (1978). Also, 59758. dependent upon it. environmental objections that could be FOR FURTHER INFORMATION CONTACT: The Forest Service will consider a raised at the draft environmental impact Cathey Hardin, EIS Team Leader, Phone range of alternatives. The IES will statement stage but that are not raised (406) 646–7369. analyze the direct, indirect, and until after completion of the final SUPPLEMENTARY INFORMATION: Private cumulative environmental effects of the environmental impact statement may be landowner has requested access across alternatives. Past, present, and projected waived or dismissed by the court. City National Forest System land. Section activities on both private and National of Angoon v. Hodel, 803 F.2d 1016, 1323(a) of the Alaskan National Interest Forest lands will be considered. The EIS 1022 (9th Cir. 1986) and Wisconsin Lands Conservation Act (ANILCA) will disclose the analysis of site specific Heritages, Inc. v. Harris. 490 S. Supp. provides for a right of access to non- mitigation measures and their 1334, 1338 (E.D. Wis. 1980). Because of federally owned land. Federal Land effectiveness. these court rulings, it is very important Policy and Management Act of October, Public participation is an important that those interested in this proposed 1976 (FLPMA, Pub. L. 94–579) provides part of the analysis, commencing with action participate by the close of the 30
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.109 pfrm03 PsN: 05NON1 60406 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices days scoping comment so that Dates and Locations: 5. Current method for allocating substantive comments and objections patronage refunds to class B November 30—8 a.m. to 11:30 a.m., are made available to the Forest Service stockholders. Advisory Committee General Meeting, at a time when it can meaningfully 6. Administrative issues. Jamie L. Whitten Federal Building, consider them and respond to them in ACTION: Room 104A, 12th and Jefferson Davis Board of Directors Meeting; developing issues and alternatives. To Correction. Drive, SW, Washington, DC. assist the Forest Service in identifying TIME AND DATE: 9:00 a.m., Tuesday, and considering issues, comments November 30—1 p.m. to 5 p.m., November 9, 1999. should be as specific to this proposal as Advisory Committee General Meeting, PLACE: The Williamsburg Room, Room possible. Reviewers may wish to refer to DoubleTree Hotel, 300 Army Navy 104–A, Jamie L. Whitten Building, the Council on Environmental Quality Drive, Arlington, VA. Department of Agriculture, 1400 Regulations for implementing the November 30—5:30 p.m. to 8 p.m., Independence Avenue, SW, procedural provisions of the National Special Session with a Guest Speaker, Washington, DC. Environmental Policy Act 40 CFR DoubleTree Hotel, 300 Army Navy STATUS: Open. 1503.3 in addressing these points. Drive, Arlington, VA. MATTERS TO BE CONSIDERED: The I am the responsible official for this December 1—8 a.m. to 11:30 a.m., following matters have been placed on environmental impact statement. Advisory Committee General Meeting, the agenda for the Board of Directors meeting: Dated: October 26, 1999. with an opportunity for public questions and comments at 10 a.m., 1. Call to order. Gary L. ‘Stan’ Benes, DoubleTree Hotel, 300 Army Navy 2. Action on Minutes of the August 6, District Ranger. Drive, Arlington, VA. 1999, board meeting. [FR Doc. 99–28989 Filed 11–4–99; 8:45 am] 3. Report on loans approved in FY Note: Meeting location may vary. BILLING CODE 3410±11±M 1999. Type of Meeting: Open to the public. 4. Summary of financial activity for Comments: The public may file FY 1999. DEPARTMENT OF AGRICULTURE written comments to the USDA 5. Privatization committee report. 6. Consideration of resolution to National Agricultural Statistics Service Advisory Committee contact person before or within a reasonable time after convert class B stock to class C stock. 7.Consideration of resolution of the meeting. All statements will become Notice of the Advisory Committee on appreciation for former Governor Wally a part of the official records of the Agriculture Statistics Meeting Beyer. USDA Advisory Committee on 8.Establish dates and locations for AGENCY: National Agricultural Statistics Agriculture Statistics and will be kept Service, USDA. Year 2000 board meetings. on file for public review in the office of 9.Adjournment. ACTION: Notice of meeting. the Executive Director, Advisory CONTACT PERSON FOR MORE INFORMATION: Committee on Agriculture Statistics, SUMMARY: In accordance with the Roberta D. Purcell, Assistant Governor, U.S. Department of Agriculture, Federal Advisory Committee Act, 5 Rural Telephone Bank, (202) 720–9554. Washington, DC 20250. U.S.C. App. 2, the National Agricultural Dated: November 3, 1999. Signed at Washington, DC, November 1, Statistics Service (NASS) announces a Christopher A. McLean, meeting of the Advisory Committee on 1999. Acting Governor, Rural Telephone Bank. Agriculture Statistics. Donald M. Bay, [FR Doc. 99–29107 Filed 11–3–99; 10:37 am] FOR FURTHER INFORMATION CONTACT: Rich Administrator, National Agricultural Allen, Executive Director, Advisory Statistics Service. BILLING CODE 3410±15±P Committee on Agriculture Statistics, [FR Doc. 99–29045 Filed 11–4–99; 8:45 am] U.S. Department of Agriculture, BILLING CODE 3410±20±P National Agricultural Statistics Service, COMMITTEE FOR PURCHASE FROM 1400 Independence Avenue SW, Room PEOPLE WHO ARE BLIND OR 4117 South Building, Washington, DC DEPARTMENT OF AGRICULTURE SEVERELY DISABLED 20250–2000. Telephone: 202–720–4333, Rural Telephone Bank Procurement List; Proposed Additions Fax: 202–720–9013, or e-mail: and Deletions [email protected]. Sunshine Act Meeting; Staff Briefing SUPPLEMENTARY INFORMATION: The for the Board of Directors AGENCY: Committee for Purchase From Advisory Committee on Agriculture People Who Are Blind or Severely Statistics, which consists of 25 members TIME AND DATE: 2:00 p.m., Monday, Disabled. appointed from 7 categories covering a November 8, 1999. ACTION: Proposed additions to and broad range of agricultural disciplines PLACE: Room 5030, South Building, deletions from Procurement List. and interests, has scheduled an Department of Agriculture, 1400 SUMMARY: Advisory Committee on Agriculture Independence Avenue, SW, The Committee has received Statistics meeting, November 30– Washington, DC. proposals to add to the Procurement List December 1, 1999. The Committee commodities and services to be STATUS: Open. meeting will be held 8 a.m.–8 p.m. on furnished by nonprofit agencies Tuesday, November 30 and 8 a.m.–11:30 MATTERS TO BE DISCUSSED: employing persons who are blind or a.m. on Wednesday, December 1. During 1. Current telecommunications have other severe disabilities, and to this time the Advisory Committee will industry issues. delete commodities previously (1) elect a committee chair; (2) review 2. Fiscal year 2000 agency budget. furnished by such agencies. NASS survey procedures and products; 3. Status of PBO planning and general COMMENTS MUST BE RECEIVED ON OR (3) discuss NASS program review; and discussion on privatization of the Bank. BEFORE: December 6, 1999. (4) discuss future agriculture statistics 4. Options relating to the conversion ADDRESSES: Committee for Purchase issues. of B stock to C stock. From People Who Are Blind or Severely
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Disabled, Crystal Gateway 3, Suite 310, Services COMMITTEE FOR PURCHASE FROM 1215 Jefferson Davis Highway, Administrative/General Support Services, PEOPLE WHO ARE BLIND OR Arlington, Virginia 22202–4302. Department of Justice, Federal Bureau of SEVERELY DISABLED Prisons, Federal Correctional Institution, FOR FURTHER INFORMATION CONTACT: Cumberland, Maryland Procurement List; Additions Beverly Milkman (703) 603–7740. NPA: Columbia Lighthouse for the Blind, AGENCY: Committee for Purchase From SUPPLEMENTARY INFORMATION: Washington, DC This People Who Are Blind or Severely notice is published pursuant to 41 Administrative Services, Puget Sound Area, Navy Region Northwest, Bremerton, Disabled. U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its Washington ACTION: purpose is to provide interested persons Additions to the Procurement NPA: St. Vincent DePaul Rehabilitation List. an opportunity to submit comments on Service, Inc., Portland, Oregon the possible impact of the proposed Commissary Shelf Stocking, Custodial and SUMMARY: This action adds to the actions. Warehousing, Grand Forks Air Force Procurement List a commodity and Base, North Dakota Additions services to be furnished by nonprofit NPA: Minot Vocational Adjustment agencies employing persons who are If the Committee approves the Workshop, Inc., Minot, North Dakota blind or have other severe disabilities. proposed additions, all entities of the Janitorial/Grounds Maintenance EFFECTIVE DATE: December 6, 1999. Federal Government (except as Oxnard Border Patrol Station, 275 Skyway ADDRESSES: Committee for Purchase otherwise indicated) will be required to Drive, Camarillo, California From People Who Are Blind or Severely procure the commodities and services NPA: Association for Retarded Citizens— Disabled, Crystal Gateway 3, Suite 310, listed below from nonprofit agencies Ventura County, Inc., Ventura, California 1215 Jefferson Davis Highway, employing persons who are blind or Operation of Individual Equipment Element Arlington, Virginia 22202–4302. have other severe disabilities. I certify Store, Altus Air Force Base, Oklahoma FOR FURTHER INFORMATION CONTACT: that the following action will not have NPA: San Antonio Lighthouse, San Antonio, Beverly Milkman (703) 603–7740. a significant impact on a substantial Texas number of small entities. The major Operation of Individual Equipment Element SUPPLEMENTARY INFORMATION: On June factors considered for this certification Store, Goodfellow Air Force Base, Texas 11, July 23, August 13, 20, and 27, and were: NPA: San Antonio Lighthouse, San Antonio, September 10, and 24, 1999, the Texas Committee for Purchase From People 1. The action will not result in any Deletions Who Are Blind or Severely Disabled additional reporting, recordkeeping or published notices (64 FR 31539, 39968, other compliance requirements for small I certify that the following action will 44198, 45506, 46880, 49147 and 51736) entities other than the small not have a significant impact on a of proposed additions to the organizations that will furnish the substantial number of small entities. Procurement List. After consideration of commodities and services to the The major factors considered for this the material presented to it concerning Government. certification were: capability of qualified nonprofit 2. The action will result in 1. The action will not result in any agencies to provide the commodity and authorizing small entities to furnish the additional reporting, recordkeeping or services and impact of the additions on commodities and services to the other compliance requirements for small the current or most recent contractors, Government. entities. the Committee has determined that the 3. There are no known regulatory commodity and services listed below 2. The action will result in alternatives which would accomplish are suitable for procurement by the authorizing small entities to furnish the the objectives of the Javits-Wagner- Federal Government under 41 U.S.C. commodities to the Government. O’Day Act (41 U.S.C. 46–48c) in 46–48c and 41 CFR 51–2.4. connection with the commodities and 3. There are no known regulatory I certify that the following action will services proposed for addition to the alternatives which would accomplish not have a significant impact on a Procurement List. Comments on this the objectives of the Javits-Wagner- substantial number of small entities. certification are invited. Commenters O’Day Act (41 U.S.C. 46—48c) in The major factors considered for this should identify the statement(s) connection with the commodities certification were: underlying the certification on which proposed for deletion from the 1. The action will not result in any they are providing additional Procurement List. additional reporting, recordkeeping or information. The following commodities have been other compliance requirements for small entities other than the small The following commodities and proposed for deletion from the Procurement List: organizations that will furnish the services have been proposed for commodity and services to the addition to Procurement List for Fasteners, Fence Post Government. production by the nonprofit agencies 5660–00–148–7251 2. The action will not have a severe listed: Stay, Fence economic impact on current contractors 5660–00–943–9927 Commodities for the commodity and services. 5660–00–904–8023 Knife, Kitchen 3. The action will result in 5660–00–607–0286 authorizing small entities to furnish the 7340–00–406–6531 5660–00–607–0287 commodity and services to the 7340–00–686–0863 Water Bag, Nylon Duck NPA: Suburban Adult Services, Inc., 8465–01–185–5511 Government. Sardinia, New York 4. There are no known regulatory Beverly L. Milkman, Holder, Card alternatives which would accomplish 7510–00–155–5174 Executive Director. the objectives of the Javits-Wagner- NPA: York County Blind Center, York, [FR Doc. 99–29051 Filed 11–4–99; 8:45 am] O’Day Act (41 U.S.C. 46—48c) in Pennsylvania BILLING CODE 6353±01±P connection with the commodity and
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.124 pfrm03 PsN: 05NON1 60408 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices services proposed for addition to the comprehensive initial data concerning Site 2 (670 acres)—Lower Valley Site, Procurement List. the cash transfer by private U.S. which is composed of the Americas Avenue/ Accordingly, the following institutions to foreign countries and Zaragoza Bridge Industrial Parks (470 acres), commodity and services are hereby their expenditures in foreign countries. the Americas Industrial Park (60 acres), and added to the Procurement List: The data are needed primarily to two adjacent parcels owned by Alderete Farms & Development (140 acres). In Commodity compile the U.S. international accounts. addition, a minor boundary modification was Affected Public: U.S. Institutions. approved in June of 1998 (A(27f)21–98) to Folder, File, Farmer’s Home Administration Frequency: Quarterly for institutions 7530–FMHA ITEM 39 temporarily include a nearby site (Thomson, transferring $1 million or more each 44 acres, expires 7/1/02). Services year, annually for all others. Site 3 (1,150 acres)—includes the Eastern Administrative Services, Federal Center/ Respondents Obligation: Voluntary. Region Industrial Park sites located at Battle Creek, Defense Reutilization & OMB Desk Officer: Paul Bugg 395– Americas Avenue and Interstate 10 in eastern Marketing Service (DRMS), 74 North 7340. El Paso (700 acres), the entire 10/375 Washington, Battle Creek, Michigan Copies of the above information Industrial Park and two adjacent parcels (210 Base Supply Center, New London U.S. Naval collection proposal can be obtained by acres) and a 240-acre tract within the 2,230- Submarine Base, Groton, Connecticut calling or writing DOC Forms Clearance acre Vista del Sol Industrial Park; Commissary Shelf Stocking, Custodial and Officer, Linda Engelmeier, (202) 482– Site 4 (130 acres)—Copperfield Industrial Warehousing, Camp Pendleton, 3272, Department of Commerce, Room Park located on Hawkins Boulevard at Tony California 5027, 14th Street and Constitution Lama Street in Central El Paso, and; Site 5 (95 acres)—WWF Industries Park Grounds Maintenance, Naval and Marine Avenue, NW., Washington, DC 20230. Corps Reserve Center, 6735 North Basin located on Highway 54 in northeastern El Written comments and Paso. Avenue, Portland, Oregon recommendations for the proposed Grounds Maintenance, Naval Air Station, The applicant is now requesting Joint Reserve Base, Fort Worth, Texas information collection should be sent Grounds Maintenance, Keyport Naval within 30 days of publication of this authority to update, expand and Undersea Warfare Center, Keyport, notice to Paul Bugg, OMB Desk Officer, reorganize Sites 2 and 3 as described Washington Room 10201, New Executive Office below. The proposal includes a request Janitorial/Custodial, Naval Reserve Center Building, Washington, DC 20503. to restore zone status to parcels (located 7401 W. Roosevelt Road, Forest Park, Dated: November 2, 1999. within the existing or proposed zone Illinois Madeleine Clayton, sites) that had been deleted from the zone boundary in earlier changes. Janitorial/Custodial Management Analyst, Office of the Chief Gamelin USARC, Bristol, Rhode Island Financial Officer. Site 2: Include the entire 145-acre Management and Operation of Depoty Safety [FR Doc. 99–29065 Filed 11–4–99; 8:45 am] industrial development in Socorro, of which the existing Thomson site is a part, thereby Store, Corpus Christi Army Depot, BILLING CODE: 3510±CW±U Corpus Christi, Texas making it a permanent zone site, and add a 17-acre parcel adjacent to the Pan American This action does not affect current Center for Industry increasing the size of Site contracts awarded prior to the effective DEPARTMENT OF COMMERCE 2 to 832 acres. date of this addition or options that may Site 3: Clarify existing FTZ boundaries be exercised under those contracts. Foreign-Trade Zones Board (1029 acres) and include the 232-acre Beverly L. Milkman, [Docket 53±99] Montana Avenue site located east of Loop 375 within the zone boundary and increase Executive Director. Foreign-Trade Zone 68ÐEl Paso, TX; the Vista del Sol Industrial Park Site by 95 [FR Doc. 99–29052 Filed 11–4–99; 8:45 am] Application for Expansion acres (including the reinstatement of the 58 BILLING CODE 6353±01±P acres previously deleted), increasing the size An application has been submitted to of Site 3 to 1,356 acres. the Foreign-Trade Zones Board (the No specific manufacturing requests DEPARTMENT OF COMMERCE Board) by the City of El Paso, Texas, grantee of FTZ 68, requesting authority are being made at this time. Such Submission for OMB Review; to expand its zone in El Paso, Texas, requests would be made to the Board on Comment Request within the El Paso Customs port of a case-by case basis. entry. The application was submitted In accordance with the Board’s DOC has submitted to OMB for pursuant to the provisions of the regulations, a member of the FTZ Staff clearance the following proposal for Foreign-Trade Zones Act (19 U.S.C. has been designated examiner to collection of information under the 81a–81u), and the regulations of the investigate the application and report to provisions of the Paperwork Reduction Board (15 CFR Part 400). It was formally the Board. Act of 1995 Public Law 104–13. filed on October 26, 1999. Public comment on the application is Agency: Bureau of Economic FTZ 68 was approved on April 14, invited from interested parties. Analysis, DOC. 1981 (Board Order 175, 46 FR 22918; 4/ Submissions (original and 3 copies) Title: Institutional Remittances to 22/81). On September 30, 1982, the shall be addressed to the Board’s Foreign Countries. grant of authority was reissued to the Executive Secretary at the address Form Number(s): BE–40. Agency Approval Number: 0608– City of El Paso, Texas (Board Order 193, below. The closing period for their 0002. 47 FR 45065; 10/13/82). The zone was receipt is January 4, 2000. Rebuttal Type of Request: Renewal of an expanded in 1984 (Board Order 255, 49 comments in response to material existing collection. FR 22842; 6/1/84), in 1991 (Board Order submitted during the foregoing period Burden: 1,521 reporting hours. 504, 56 FR 1166; 1/11/91) and in 1999 may be submitted during the subsequent Number of respondents: 480. (Board Order 1019, 64 FR 5765; 2/5/99). 15-day period (to January 19, 2000). Average Hours Per Response: 1.5 FTZ 68 currently consists of five sites A copy of the application and hours. (2,635 acres) in the El Paso, Texas, area: accompanying exhibits will be available Needs and Uses: The survey is Site 1 (590 acres)—El Paso Airport’s for public inspection at each of the required in order to obtain Butterfield Trail Industrial Park; following locations:
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Office of the Port Director, U.S. Customs exports and create U.S. jobs and DEPARTMENT OF COMMERCE Service, 797 S. Zaragoza Road, El coordinate U.S. Government (USG) Paso, Texas 79907 advocacy among the TPCC. The purpose International Trade Administration Office of the Executive Secretary, of the questionnaire is to collect the Foreign-Trade Zones Board, U.S. necessary information to make an [A±549±813] Department of Commerce, Room evaluation as to whether a firm qualifies 4008, 14th & Pennsylvania Avenue, for senior-level USG support, in the 1997/1998 Antidumping Duty NW, Washington, DC 20230. form of attendance at an event including Administrative Review of Canned Dated: October 29, 1999. witnessing a commercial agreement Pineapple Fruit From Thailand Dennis Puccinelli, signing. The event could be a company Acting Executive Secretary. sponsored activity or a foreign or USG AGENCY: Import Administration, sponsored event to highlight a [FR Doc. 99–29063 Filed 11–4–99; 8:45 am] International Trade Administration, commercial trade success for more than Department of Commerce. BILLING CODE 3510±DS±P one firm. Without this information we will be unable to determine if a U.S. ACTION: Notice of extension of time limit. DEPARTMENT OF COMMERCE firm is eligible for USG support for the firm’s role in the event. SUMMARY: The Department of Commerce International Trade Administration II. Method of Collection is extending the time limit of the final U.S. Government Trade Event Form ITA–4136P is sent to U.S. firms results of the 1997/1998 antidumping Information Request that request USG advocacy assistance. duty administrative review of canned ACTION: Proposed collection; comment III. Data pineapple fruit from Thailand. This request. OMB Number: None. review covers the period July 1, 1997, Form Number: ITA–4136P. through June 30, 1998. SUMMARY: The Department of Type of Review: Regular Submission. EFFECTIVE DATE: November 5, 1999. Commerce, as part of its continuing Affected Public: Companies who effort to reduce paperwork and desire senior level USG support a trade FOR FURTHER INFORMATION CONTACT: respondent burdens, invites the general activity. Charles Riggle, AD/CVD Enforcement, public and other Federal agencies to Estimated Number of Respondents: Group 2, Office 5, Import take this opportunity to comment on the 50. Administration, International Trade continuing information collections, as Estimated Time Per Response: 1 hour. Administration, US Department of required by the Paperwork Reduction Estimated Total Annual Burden Commerce, 14th Street and Constitution Act of 1995, Public Law 104–13 (44 Hours: 50 hours. Avenue, NW., Washington, DC 20230; U.S.C. 3506(c)(2)(A)). Estimated Total Annual Costs: The telephone (202) 482–0650. DATES: Written comments must be estimated annual cost for this collection submitted on or before January 4, 2000. is $3,000. ($1,250 for federal SUPPLEMENTARY INFORMATION: The ADDRESSES: Direct all written comments government and $1,750 for Department of Commerce is extending to Linda Engelmeier, Departmental respondents). the time limit for completion of this Forms, Clearance Officer, (202) 482– IV. Request for Comments administrative review until December 6, 3272, Email [email protected]., 1999 because it is not practicable to Department of Commerce, Room 5027, Comments are invited on (a) whether complete it within the original time 14th & Constitution Avenue, NW, the proposed collection of information limit or the time limit specified in 1997/ is necessary for the proper performance Washington, DC 20230. 1998 Antidumping Duty Administrative of the functions of the agency, including FOR FURTHER INFORMATION CONTACT: Review of Canned Pineapple Fruit from whether the information shall have Request for additional information or practical utility; (b) the accuracy of the Thailand, 64 FR 55697 (October 14, copies of the information collection agency’s estimate of the burden 1999). The proposed completion date of instrument and instructions should be (including hours and costs) of the December 6, 1999 is within the limits directed to: Susan Hamrock, The proposed collection of information; (c) set forth in section 751(a)(3)(A) of the Advocacy Center, Room 3814A, The ways to enhance the quality, utility, and Trade and Tariff Act of 1930, as U.S. Department of Commerce, 14th & clarity of the information to be amended by the Uruguay Round Constitution Ave., NW, Washington, DC collected; and (d) ways to minimize the Agreements Act of 1994. 20230; Phone number: (202) 482–3896, burden of the collection of information and fax number: (202) 482–3508. This extension is in accordance with on respondents, including through the section 751(a)(3)(A) of the Tariff Act of SUPPLEMENTARY INFORMATION: use of automated collection techniques 1930, as amended (19 U.S.C. 1675 I. Abstract or forms of information technology. (a)(3)(A)). Comments submitted in response to The International Trade this notice will be summarized and/or Dated: October 28, 1999. Administration’s Advocacy Center included in the request for OMB Richard W. Moreland, marshals federal resources to assist U.S. approval of this information collection; firms competing for foreign government Acting Assistant Secretary For Import they also will become a matter of public Administration. procurements worldwide. The record. Advocacy Center is under the umbrella [FR Doc. 99–29060 Filed 11–4–99; 8:45 am] of the Trade Promotion Coordination Dated: November 1, 1999. BILLING CODE 3510±DS±P Committee (TPCC), which is chaired by Madeleine Clayton, the Secretary of Commerce and includes Management Analyst, Office of the Chief 19 federal agencies involved in export Information Officer. promotion. The mission of the [FR Doc. 99–28980 Filed 11–4–99; 8:45 am] Advocacy Center is to promote U.S. BILLING CODE 3510±FP±P
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DEPARTMENT OF COMMERCE this questionnaire from Siderar Limited Scope of Investigations (‘‘Siderar’’), in the Argentina For purposes of this investigation, the International Trade Administration proceeding, and Nippon Steel products covered are certain cold-rolled [A±357±811, A±588±849, A±549±814] Corporation (‘‘NSC’’), Kawasaki Steel (cold-reduced) flat-rolled carbon-quality Corporation (‘‘KSC’’), NKK Corporation steel products, neither clad, plated, nor Notice of Preliminary Determinations (‘‘NKK’’) and Sumitomo Metals coated with metal, but whether or not of Sales at Less Than Fair Value: Industries, Ltd. (‘‘Sumitomo’’) in the annealed, painted, varnished, or coated Certain Cold-Rolled Flat-Rolled Japan proceeding. The Department did with plastics or other non-metallic Carbon-Quality Steel Products From not receive responses to the substances, both in coils, 0.5 inch wide Argentina, Japan and Thailand questionnaire from the following or wider, (whether or not in companies: Kobe Steel Ltd. (‘‘Kobe’’), AGENCY: Import Administration, successively superimposed layers and/ and Nisshin Steel Co., Ltd. (‘‘Nisshin) in or otherwise coiled, such as spirally International Trade Administration, the Japan proceeding, or TCRSSC/ Department of Commerce. oscillated coils), and also in straight Sahaviriya (the sole producer and lengths, which, if less than 4.75 mm in EFFECTIVE DATE: November 5, 1999. exporter of subject merchandise from thickness having a width that is 0.5 inch FOR FURTHER INFORMATION CONTACT: Thailand during the POI 1), in the or greater and that measures at least 10 LaVonne Jackson at (202) 482–3003 or Thailand proceeding. times the thickness; or, if of a thickness Gabriel Adler at (202) 482–1442, Import On July 9, 1999, the Department of 4.75 mm or more, having a width Administration, Room 1870, selected the following companies as exceeding 150 mm and measuring at International Trade Administration, mandatory respondents in these least twice the thickness. The products U.S. Department of Commerce, 14th investigations: Siderar (the sole described above may be rectangular, Street and Constitution Avenue, NW, Argentine producer of subject square, circular or other shape and Washington, DC 20230. merchandise) in the Argentina include products of either rectangular or The Applicable Statute and Regulations proceeding; NSC and KSC in the Japan non-rectangular cross-section where proceeding; and TCRSSC/Sahaviriya in such cross-section is achieved Unless otherwise indicated, all the Thailand proceeding. See subsequent to the rolling process (i.e., citations to the statute are references to Respondent Selection, below. On July 9, products which have been ‘‘worked the provisions effective January 1, 1995, 1999, the Department issued Section B, after rolling’’)—for example, products the effective date of the amendments C, and D antidumping questionnaires to which have been beveled or rounded at made to the Tariff Act of 1930 (the Act) each of the selected respondents. the edges. by the Uruguay Round Agreements Act On July 16, 1999, the United States Specifically included in this scope are (URAA). In addition, unless otherwise International Trade Commission (ITC) vacuum degassed, fully stabilized indicated, all citations to Department of preliminarily determined that there is a (commonly referred to as interstitial-free Commerce (Department) regulations reasonable indication that imports of the (‘‘IF’’)) steels, high strength low alloy refer to the regulations codified at 19 products subject to each of these (‘‘HSLA’’) steels, and motor lamination CFR part 351 (April 1999). antidumping investigations are steels. IF steels are recognized as low Preliminary Determinations materially injuring the United States carbon steels with micro-alloying levels industry. See Certain Cold-Rolled Steel of elements such as titanium and/or We preliminarily determine that cold- Products from Argentina, Brazil, China, niobium added to stabilize carbon and rolled flat-rolled carbon-quality steel Indonesia, Japan, Russia, Slovakia, nitrogen elements. HSLA steels are products (‘‘cold-rolled steel products’’) South Africa, Taiwan, Thailand, Turkey recognized as steels with micro-alloying from Argentina, Japan, and Thailand are and Venezuela, 64 FR 41458 (July 30, levels of elements such as chromium, being sold, or are likely to be sold, in 1999). copper, niobium, titanium, vanadium, the United States at less than fair value In August 1999, the mandatory and molybdenum. Motor lamination (‘‘LTFV’’), as provided in section 733 of respondent in the Thailand case notified steels contain micro-alloying levels of the Act. The estimated margins of sales the Department that it would not be elements such as silicon and aluminum. at LTFV are shown in the Suspension of responding at all to the Department’s Steel products included in the scope Liquidation section of this notice. questionnaire, and all the mandatory of this investigation, regardless of Case History respondents in the Argentina and Japan definitions in the Harmonized Tariff These investigations were initiated on proceedings notified the Department Schedules of the United States June 21, 1999. See Initiation of that they would not be responding to (‘‘HTSUS’’), are products in which: (1) Antidumping Duty Investigations: the Section B, C, and D questionnaires. Iron predominates, by weight, over each of the other contained elements; (2) the Certain Cold-Rolled Flat-Rolled Carbon- Period of Investigations Quality Steel Products from Argentina, carbon content is 2 percent or less, by Brazil, the People’s Republic of China, The period of the investigations (POI) weight, and; (3) none of the elements Indonesia, Japan, the Russian is April 1, 1998, through March 31, listed below exceeds the quantity, by Federation, Slovakia, South Africa, 1999. This period corresponds to the weight, respectively indicated: Taiwan, Thailand, Turkey, and four most recent fiscal quarters prior to 1.80 percent of manganese, or Venezuela (‘‘Initiation Notice’’), 64 FR the month of the filing of the petition 2.25 percent of silicon, or 34194 (June 25, 1999). Since the (i.e., June 1999). 1.00 percent of copper, or 0.50 percent of aluminum, or initiation of the investigations, the 1 On July 8, 1999, the Royal Thai Embassy in 1.25 percent of chromium, or following events occurred: Washington, DC confirmed that Thai Cold Rolled 0.30 percent of cobalt, or On June 22, 1999, the Department Steel and Sheet Company (‘‘TCRSSC’’), an affiliate 0.40 percent of lead, or issued Section A antidumping of Sahaviriya Steel Industries Public Co., Ltd., 1.25 percent of nickel, or questionnaires to all known producers/ collectively ‘‘TCRSSC/Sahaviriya’’, was the only 0.30 percent of tungsten, or Thai exporter of subject merchandise to the United exporters of subject merchandise, States during the POI. See Memorandum to the File: 0.10 percent of molybdenum, or including those named in the petitions. Conversation with Royal Thai Embassy 0.10 percent of niobium (also called The Department received responses to (‘‘Conversation with Thai Embassy’’), (July 8, 1999). columbium), or
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0.15 percent of vanadium, or • Tool steels, as defined in the oriented and that have a silicon level 0.15 percent of zirconium. HTSUS; less than 2.25 percent, and All products that meet the written • Silico-manganese steel, as defined (a) Fully-processed, with a core loss of physical description, and in which the in the HTSUS; less than 0.14 watts/pound per mil (.001 chemistry quantities do not exceed any • Silicon-electrical steels, as defined inches), or one of the noted element levels listed in the HTSUS, that are grain-oriented; • (b) Semi-processed, with core loss of above, are within the scope of this Silicon-electrical steels, as defined less than 0.085 watts/pound per mil investigation unless specifically in the HTSUS, that are not grain- (.001 inches); oriented and that have a silicon level excluded. The following products, by • Certain shadow mask steel, which exceeding 2.25 percent; way of example, are outside and/or is aluminum killed cold-rolled steel coil • All products (proprietary or specifically excluded from the scope of that is open coil annealed, has an ultra- otherwise) based on an alloy ASTM this investigation: flat, isotropic surface, and which meets • SAE grades (formerly also called specification (sample specifications: the following characteristics: AISI grades) above 2300; ASTM A506, A507); • Ball bearing steels, as defined in the • Silicon-electrical steels, as defined Thickness: 0.001 to 0.010 inches HTSUS; in the HTSUS, that are not grain- Width: 15 to 32 inches
CHEMICAL COMPOSITION
Element ...... C Weight % ...... < 0.002%
• Certain flapper valve steel, which is hardened and tempered, surface polished, and which meets the following characteristics: Thickness: ≤1.0 mm Width: ≤ 152.4 mm
CHEMICAL COMPOSITION
Element C Si Mn PS Weight % 0.90±1.05 0.15±0.35 0.30±0.50 ≤ 0.03 ≤ 0.006
MECHANICAL PROPERTIES
Tensile Strength ...... ≥ 162 Kgf/mm2 Hardness ...... ≥ 475 Vickers hardness number
PHYSICAL PROPERTIES
Flatness ...... < 0.2% of nominal strip width
Microstructure: Completely free from decarburization. Carbides are spheroidal and fine within 1% to 4% (area percent- age) and are undissolved in the uniform tempered martensite.
NON-METALLIC INCLUSION
Area percent- age
Sulfide Inclusion ...... ≤ 0.04 Oxide Inclusion ...... ≤ 0.05
Compressive Stress: 10 to 40 Kgf/mm2.
SURFACE ROUGHNESS
Thickness (mm) Roughness (µm) t ≤ 0.209 ...... Rz ≤ 0.5 0.209 < t ≤ 0.310 ...... Rz ≤ 0.6 0.310 < t ≤ 0.440 ...... Rz ≤ 0.7 0.440 < t ≤ 0.560 ...... Rz ≤ 0.8 0.560 < t ...... Rz ≤ 1.0
• Certain ultra thin gauge steel strip, which meets the following characteristics: Thickness: ≤ 0.100 mm ±7% Width: 100 to 600 mm
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CHEMICAL COMPOSITION
Element C Mn PS Al Fe Weight % ≤ 0.07 0.2Ð0.5 ≤ 0.05 ≤ 0.05 ≤ 0.07 Balance
MECHANICAL PROPERTIES
Hardness ...... Full Hard (Hv 180 minimum) Total Elongation ...... < 3% Tensile Strength ...... 600 to 850 N/mm 2
PHYSICAL PROPERTIES
Surface Finish ...... ≤ 0.3 micron Camber (in 2.0 m) ...... < 3.0 mm Flatness (in 2.0 m) ...... ≤ 0.5 mm Edge Burr ...... < 0.01 mm greater than thick- ness Coil Set (in 1.0 m) ...... < 75.0 mm
• Certain silicon steel, which meets the following characteristics: Thickness: 0.024 inches ±.0015 inches Width: 33 to 45.5 inches
CHEMICAL COMPOSITION:
Element C Mn PS Si Al
Min. Weight % ...... 0.65 ...... Max. Weight % ...... 0.004 0.4 0.09 0.009 ...... 0.4
MECHANICAL PROPERTIES
Hardness B 60±75 (AIM 65)
PHYSICAL PROPERTIES
Finish ...... Smooth (30±60 microinches) Gamma Crown (in 5 inches) ...... 0.0005 inches, start measuring 1¤4 inch from slit edge Flatness ...... 20 I±UNIT max. Coating ...... C3A±.08A max. (A2 coating ac- ceptable) Camber (in any 10 feet) ...... 1¤16 inch Coil Size I.D ...... 20 inches
MAGNETIC PROPERTIES
Core Loss (1.5T/60 Hz) NAAS ...... 3.8 Watts/Pound max. Permeability (1.5T/60 Hz) NAAS ...... 1700 gauss/oersted typical 1500 minimum
• Certain aperture mask steel, which has an ultra-flat surface flatness and which meets the following characteristics: Thickness: 0.025 to 0.245 mm Width: 381—1000 mm
CHEMICAL COMPOSITION
Element CN Al
Weight % ...... <0.01 0.004 to 0.007 <0.007
• Certain tin mill black plate, annealed and temper-rolled, continuously cast, which meets the following characteris- tics:
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CHEMICAL COMPOSITION
Element C Mn PS Si Al As Cu BN
Min. Weight % ...... 0.02 0.20 ...... 0.03 ...... 0.003 Max. Weight % ...... 0.06 0.40 0.02 1 0.023 0.03 0.08 0.02 0.08 ...... 2 0.008 1 Aiming 0.018 Max. 2 Aiming 0.05 3 Aiming 0.005. Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides > 1 micron (0.000039 inches) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inches) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating.
SURFACE FINISH
Roughness, RA Microinches (Microm- eters) Aim Min. Max.
Extra Bright ...... 5(0.1) 0(0) 7(0.2)
• Certain full hard tin mill black plate, continuously cast, which meets the following characteristics:
CHEMICAL COMPOSITION
Element C Mn PS Si Al As Cu BN
Min. Weight % ...... 0.02 0.20 ...... 0.03 ...... 0.003 Max. Weight % ...... 0.06 0.40 0.02 1 0.023 0.03 0.08 0.02 0.08 ...... 3 0.008 1 Aiming 0.018 Max. 2 Aiming 0.005 3 Aiming 0.005. Non-metallic Inclusions: Examination with the S.E.M. shall not reveal individual oxides > 1 micron (0.000039 inches) and inclusion groups or clusters shall not exceed 5 microns (0.000197 inches) in length. Surface Treatment as follows: The surface finish shall be free of defects (digs, scratches, pits, gouges, slivers, etc.) and suitable for nickel plating.
SURFACE FINISH
Roughness, RA Microinches (Microm- eters) Aim Min. Max.
Stone Finish ...... 16(0.4) 8(0.2) 24(0.6)
• Certain ‘‘blued steel’’ coil (also know as ‘‘steamed blue steel’’ or ‘‘blue oxide’’) with a thickness and size of 0.38 mm × 940 mm × coil, and with a bright finish; • Certain cold-rolled steel sheet, which meets the following characteristics: Thickness (nominal): ≤ 0.019 inches Width: 35 to 60 inches
CHEMICAL COMPOSITION
Element COB
Max. Weight % ...... 0.004 ...... Min. Weight % ...... 0.010 0.012
• Certain band saw steel, which meets the following characteristics: Thickness: ≤ 1.31 mm Width: ≤ 80 mm
CHEMICAL COMPOSITION
Element C Si Mn PS Cr Ni
Weight % ...... 1.2 to 1.3 0.15 to 0.35 0.20 to 0.35 ≤0.03 ≤0.007 0.3 to 0.5 ≤0.25
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Other properties: Selection of Respondents such information but the information cannot be verified, the Department Carbide: fully spheroidized having Section 777A(c)(1) of the Act directs shall, subject to subsection 782(d) of the <80% of carbides, which are ≤0.003 the Department to calculate individual Act, use facts otherwise available in mm and uniformly dispersed dumping margins for each known reaching the applicable determination. Surface finish: bright finish free from exporter and producer of the subject merchandise. However, section Because Siderar, NSC, KSC, Kobe, pits, scratches, rust, cracks, or seams Nisshin and TCRSSC/Sahaviriya failed Smooth edges 777A(c)(2) of the Act gives the Department discretion, when faced with to respond to our questionnaire, Edge camber (in each 300 mm of a large number of exporters/producers, pursuant to section 776(a)(2)(A) of the ≤ act we resorted to facts otherwise length): 7 mm arc height Cross bow to limit its examination to a reasonable available to calculate the dumping (per inch of width): 0.015 mm max. number of such companies if it is not margins for these companies. The merchandise subject to this practicable to examine all companies. Section 776(b) of the Act provides investigation is typically classified in Where it is not practicable to examine that the Department may use an the HTSUS at subheadings: all known producers/exporters of inference adverse to the interests of a 7209.15.0000, 7209.16.0030, subject merchandise, this provision party that has failed to cooperate by not 7209.16.0060, 7209.16.0090, permits the Department to investigate acting to the best of its ability to comply 7209.17.0030, 7209.17.0060, either: (1) A sample of exporters, with the Department’s requests for 7209.17.0090, 7209.18.1530, producers, or types of products that is information. See also Statement of 7209.18.1560, 7209.18.2550, statistically valid based on the Administrative Action (‘‘SAA’’) 7209.18.6000. 7209.25.0000, information available at the time of accompanying the URAA, H.R. Rep. No. 7209.26.0000, 7209.27.0000, selection, or (2) exporters and producers 103–316 at 870 (1994) (SAA). Failure by 7209.28.0000, 7209.90.0000, accounting for the largest volume of the Siderar, KSC, NSC, Kobe, Nisshin, and 7210.70.3000, 7210.90.9000, subject merchandise that can be TCRRSC/Sahaviriya to respond to the 7211.23.1500, 7211.23.2000, reasonably examined. Department’s antidumping 7211.23.3000, 7211.23.4500, After consideration of the questionnaire constitutes a failure to act 7211.23.6030, 7211.23.6060, complexities expected to arise in these to the best of their ability to comply 7211.23.6085, 7211.29.2030, proceedings and the resources available with a request for information, within 7211.29.2090, 7211.29.4500, to the Department, we determined that the meaning of section 776 of the Act. 7211.29.6030, 7211.29.6080, it was not practicable in these Because Siderar, KSC, NSC, Kobe, 7211.90.0000, 7212.40.1000, investigations to examine all known Nisshin, and TCRSSC/Sahaviriya failed 7212.40.5000, 7212.50.0000, producers/exporters of subject to respond, the Department has 7225.19.0000, 7225.50.6000, merchandise. This was not a concern in determined that, in selecting among the 7225.50.7000, 7225.50.8010, the investigations involving Argentina facts otherwise available, an adverse 7225.50.8085, 7225.99.0090, and Thailand, since there was only one inference is warranted in selecting the 7226.19.1000, 7226.19.9000, producer/exporter of subject facts available for these companies. 7226.92.5000, 7226.92.7050, merchandise in each of those countries Because we were unable to calculate 7226.92.8050, and 7226.99.0000. during the POI. However, with respect margins for the respondents in to Japan, which had multiple producers/ Although the HTSUS subheadings are Argentina, Japan, or Thailand, exporters of subject merchandise during consistent with Department practice, we provided for convenience and U.S. the POI, we determined that, given our Customs Service (‘‘U.S. Customs’’) assigned these respondents, in the cases resources, we would be able to of Argentina and Thailand, the highest purposes, the written description of the investigate two such companies. The margins alleged in the amendments to merchandise under investigation is respondents selected for Japan were the respective petitions and in the case dispositive. those with the greatest export volume; of Japan, the highest margin alleged in The Department set aside a period for together they accounted for more than the petition. See Notice of Preliminary all interested parties to raise issues 50 percent of all known exports of the Determination of Sales at Less Than regarding product coverage. From July subject merchandise during the POI Fair Value: Stainless Steel Wire Rod through October 1999, the Department from Japan. For a more detailed from Germany (‘‘Wire Rod from received responses from a number of discussion of respondent selection in Germany’’), 63 FR 10847 (March 5, parties including importers, these investigations, see Respondent 1998). The highest petition margins are respondents, consumers, and Selection Memorandum (July 9, 1999). 24.53 percent for Argentina, 53.04 petitioners, aimed at clarifying the percent for Japan, and 80.67 percent for Facts Available scope of the investigation. See Thailand. See Initiation Notice. Memorandum to Joseph A. Spetrini The following companies failed to Section 776(b) states that an adverse (‘‘Scope Memorandum’’), November 1, respond to our questionnaires: Siderar inference may include reliance on 1999, for a list of all persons submitting in the Argentina case; NSC, KSC, Kobe, information derived from the petition. comments and a discussion of all scope and Nisshin in the Japan case; and See also SAA at 829–831. Section 776(c) comments. There are several scope TCRSSC/Sahaviriya in the Thailand of the Act provides that, when the exclusion requests for products which case. Section 776(a)(2) of the Act Department relies on secondary are currently covered by the scope of provides that, if an interested party (A) information (such as the petition) in this investigation that are still under withholds information that has been using the facts otherwise available, it consideration by the Department. These requested by the Department; (B) fails to must, to the extent practicable, items are considered to be within the provide such information in a timely corroborate that information from scope for this preliminary manner or in the form or manner independent sources that are reasonably determination; however, these requests requested subject to section 782(c)(1) at its disposal. will be reconsidered for the final and (e) of the Act; (C) significantly The SAA clarifies that ‘‘corroborate’’ determination. See Scope impedes a proceeding under the means that the Department will satisfy Memorandum. antidumping statute; or (D) provides itself that the secondary information to
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The implementing merchandise from Japan and Thailand. independent sources used to corroborate regulation for section 776 of the Act, at According to section 733(e)(1) of the such evidence may include, for 19 CFR 351.308(c), states ‘‘[t]he fact that Act, if critical circumstances are alleged example, published price lists, official corroboration may not be practicable in under section 733(e) of the Act, the import statistics and customs data, and a given circumstance will not prevent Department must examine whether information obtained from interested the Secretary from applying an adverse there is a reasonable basis to believe or parties during the particular inference as appropriate and using the suspect that: (A)(i) There is a history of investigation (see SAA at 870). secondary information in question.’’ dumping and material injury by reason We reviewed the adequacy and Additionally, we note that the SAA at of dumped imports in the United States accuracy of the information in the 870 specifically states that, where or elsewhere of the subject merchandise, petitions during our pre-initiation ‘‘corroboration may not be practicable in or (ii) the person by whom, or for whose analysis of the petitions, to the extent a given circumstance,’’ the Department account, the merchandise was imported appropriate information was available may nevertheless apply an adverse knew or should have known that the for this purpose. See Import inference. Accordingly, we find, for exporter was selling the subject Administration AD Investigation purposes of this preliminary merchandise at less than its fair value Initiation Checklist (June 21, 1999), for determination, that this information is and there was likely to be material a discussion of the margin calculations sufficiently corroborated. injury by reason of such sales, and (B) in the petitions. In addition, in order to there have been massive imports of the All Others determine the probative value of the subject merchandise over a relatively margins in the petitions for use as Section 735(c)(5)(B) of the Act short period. Section 351.206(h)(1) of adverse facts available for purposes of provides that, where the estimated the Department’s regulations provides this determination, we examined weighted-averaged dumping margins that, in determining whether imports of evidence supporting the calculations in established for all exporters and the subject merchandise have been the petitions. In accordance with section producers individually investigated are ‘‘massive,’’ the Department normally 776(c) of the Act, to the extent zero or de minimis or are determined will examine: (i) The volume and value practicable, we examined the key entirely under section 776 of the Act, of the imports; (ii) seasonal trends; and elements of the export price (‘‘EP’’) and the Department may use any reasonable (iii) the share of domestic consumption normal value (‘‘NV’’) calculations on method to establish the estimated all- accounted for by the imports. In which the margins in the petitions were others rate for exporters and producers addition, section 351.206(h)(2) of the based. Our review of the EP and NV not individually investigated. Our Department’s regulations provides that calculations indicated that the recent practice under these an increase in imports during the information in the petitions has circumstances has been to assign, as the ‘‘relatively short period’’ of over 15 probative value, as certain information ‘‘all others’’ rate, the simple average of percent may be considered ‘‘massive.’’ included in the margin calculations in the margins in the petition. See Notice Section 351.206(i) of the Department’s the petitions is from public sources of Final Determination of Sales at Less regulations defines ‘‘relatively short concurrent, for the most part, with the Than Fair Value: Stainless Steel Plate in period’’ normally as the period POI (e.g., international freight and Coil from Canada (‘‘Stainless Steel Plate beginning on the date the proceeding insurance, customs duty, interest rates). from Canada’’), 64 FR 15457 (March 31, begins (i.e., the date the petition is filed) For purposes of this preliminary 1999); Notice of Final Determination of and ending at least three months later. determination, the Department Sales at Less Than Fair Value: Stainless Because we are not aware of any compared the export prices alleged by Steel Plate in Coil from Italy (‘‘Stainless antidumping order in any country on the petitioners for sales to unaffiliated Steel Plate from Italy’’), 64 FR 15458, cold-rolled steel products from Japan or first purchasers with contemporaneous, 15459 (March 21, 1999). Thailand, we do not find that a average unit values of U.S. imports With respect to Argentina, because reasonable basis to believe or suspect classified under the appropriate HTS the petition contained only a single that there is a history of dumping and number. We noted that the U.S. price margin, and there is no other material injury by reason of dumped quotes of the per unit values of the information on the record on which to imports in the United States or subject merchandise derived by the base an ‘‘all others’’ rate, we have also elsewhere of the subject merchandise petitioners were well within the range based the ‘‘all others’’ rate on the sole exists. Therefore, we must look to of the average unit values reported by petition margin, i.e., 24.53 percent. See whether there was importer knowledge U.S. Customs. U.S. official import Notice of Final Determination of Sales under section 733(e)(1)(A)(ii) of the Act. statistics are sources which we consider at Less Than Fair Value: Steel Wire Rod In determining whether there is a to require no further corroboration by from Venezuela, 63 FR 8946 (February reasonable basis to believe or suspect the Department. See Notice of Final 23, 1998). With respect to Japan, we are that an importer knew or should have Determination of Sales at Less Than basing the ‘‘all others’’ rate on the known that the exporter was selling the Fair Value: Collated Roofing Nails From simple average of margins in the cold-rolled steel at less than fair value, the People’s Republic of China, 62 FR petition, which is 39.28 percent. the Department’s normal practice is to 51410, (October 1, 1997). Finally, with respect to Thailand, we consider for EP sales margins of 25 However, with respect to certain other also are basing the ‘‘all others’’ rate on percent or more sufficient to impute data included in the margin calculations the simple average of margins in the knowledge of dumping. See Certain Cut- of the petition (e.g., home market unit amendment to the petition, which is to-Length Carbon Steel Plate From the prices), neither respondents nor other 67.97 percent. People’s Republic of China, 62 FR interested parties provided the 31972, 31978 (June 11, 1997). As Department with further relevant Critical Circumstances discussed above, we have applied, as information and the Department is The petitioners made a timely adverse facts available for NSC, KSC, aware of no other independent sources allegation, in the petitions, that there is Kobe and Nisshin in the Japan of information that would enable it to a reasonable basis to believe or suspect investigation and TCRSSC/Sahaviriya in further corroborate the remaining that critical circumstances exist with the Thailand investigation, the highest
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.016 pfrm03 PsN: 05NON1 60416 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices of the dumping margins presented in Japan’’), 64 FR 30574 (June 8, 1999). Instead, the Department considers the the petitions and corroborated by the Moreover, these data do not permit the traditional critical circumstances Department. These margins are in Department to ascertain the import criteria with respect to the companies excess of 25 percent. Therefore, we volumes for any individual company covered by the ‘‘all others’’ rate. impute knowledge of dumping in regard that failed to provide verifiable Consistent with Stainless Steel from to exports by these companies. information. As a result, in accordance Japan, the Department has, in this case, In determining whether there is a with section 776(b) of the Act, we have applied the traditional critical reasonable basis to believe or suspect used an adverse inference in applying circumstances criteria to the ‘‘all others’’ that an importer knew or should have facts available, and determine that there category for the antidumping known that there was likely to be were massive imports from NSC, KSC, investigations of cold rolled steel from material injury by reason of dumped Kobe, and Nisshin during a relatively Japan and Thailand. First, the dumping imports, the Department normally looks short period. See, e.g., Notice of Final margins for the ‘‘all others’’ categories, to the preliminary injury determination Determination of Sales at Less Than 39.28 percent for Japan and 67.97 of the ITC. Fair Value: Collated Roofing Nails from percent for Thailand (see Suspension of If the ITC finds a reasonable Taiwan (‘‘Roofing Nails from Taiwan’’), Liquidation, below), exceed the 25 indication of present material injury to 62 FR 51427 (October 1, 1997) and percent threshold necessary to impute the relevant U.S. industry, the Notice of Final Determination of Sales knowledge of dumping. Second, based Department normally determines that a at Less Than Fair Value and Final on the ITC’s preliminary material injury reasonable basis exists to impute Affirmative Finding of Critical determination, we also find that importer knowledge that there was Circumstances: Elastic Rubber Tape importers knew or should have known likely to be material injury by reason of from India (‘‘Elastic Rubber Tape from that there would be material injury from dumped imports. The ITC has found India’’), 64 FR 19123 (April 19, 1999). sales of the dumped merchandise by that a reasonable indication of present Because all of the necessary criteria respondents other than NSC, KSC, Kobe, material injury exists in regard to both have been met, in accordance with Nisshin and TCRSSC/ Sahaviriya. Japan and Thailand. See ITC section 733(e)(1) of the Act, the However, the Department has not Preliminary Determination. As a result, Department preliminarily finds that found that there are massive imports for the Department has determined that critical circumstances exist with respect the ‘‘all others’’ companies in the Japan there is a reasonable basis to believe or to cold-rolled steel products imported and Thailand investigations. First, we suspect that importers knew or should from NSC, KSC, Kobe, and Nisshin. have not used adverse facts available have known that there was likely to be With respect to Thailand, we were concerning massive imports. Unlike the material injury by reason of dumped able to determine that the U.S. Customs mandatory respondents and other imports from NSC, KSC, Kobe, Nisshin data on imports of cold-rolled steel companies that refused to provide and TCRRSC/Sahaviriya. products from Thailand covers HTS information upon request at the outset In determining whether there are categories that include only subject of the case, the ‘‘all others’’ companies ‘‘massive imports’’ over a ‘‘relatively merchandise. Based on our analysis of have not failed to act to the best of their short period,’’ the Department typically these statistics and other information on ability. The Department does not use compares the import volume of the the record, we determined that massive adverse inferences with respect to firms subject merchandise for at least three imports of subject merchandise from whose individual data have not been months immediately preceding and TCRSSC/Sahaviriya did not occur over analyzed due to the Department’s own following the filing of the petition. the comparison period (three months administrative constraints, as is the case Imports normally will be considered following the filing of the petition). in the Japan proceeding.2 See, e.g., massive when imports have increased Because the criterion necessary to find Notice of Preliminary Critical by 15 percent or more during this critical circumstances, in accordance Circumstances Determination: Honey ‘‘relatively short period.’’ Since there is with section 733(e)(1) of the Act, has not no verifiable information on the record from the People’s Republic of China, 60 been met, the Department preliminarily FR 29824, (June 6, 1995)). Second, there with respect to NSC, KSC, Kobe, finds that critical circumstances do not Nisshin, and TCRRSC/Sahaviriya’s is no evidence of massive imports from exist for imports of cold-rolled steel ‘‘all others’’ companies in the Japan and import volumes, we must use the facts products from Thailand imported from available in accordance with section Thailand cases. TCRSSC/Sahaviriya. While we normally rely on our 776(a) of the Act. Accordingly, we It is the Department’s normal practice findings for the selected mandatory examined U.S. Customs data on imports to conduct its critical circumstances respondents, in the Japan case our of cold-rolled steel products from Japan analysis of companies in the ‘‘all determinations with respect to all of the and Thailand in order to determine others’’ group based on the experience mandatory respondents were based on whether these data reasonably preclude of investigated companies. See Notice of adverse facts available. Therefore, we an increase in shipments of 15 percent Final Determination of Sales at Less have not used these findings as a basis or more within a relatively short period Than Fair Value: Certain Steel Concrete for any of these companies. Reinforcing Bars from Turkey (‘‘Rebars for our determination with respect to all These statistics, in the case of cold- from Turkey’’), 62 FR 9737, 9741 (March other companies. Further, in accordance rolled steel from Japan, cover numerous 4, 1997) (the Department found that with Notice of Final Determination of HTS categories that include critical circumstances existed for the Sales at Less Than Fair Value: Hot- merchandise other than subject majority of the companies investigated, Rolled Flat-Rolled Carbon-Quality Steel merchandise. Therefore, we cannot rely and therefore concluded that critical Products from Japan, 64 FR 24239 (May on these data in determining if massive circumstances also existed for 6, 1999), the Department considered shipments of cold-rolled steel from companies covered by the ‘‘all others’’ whether U.S. Customs data on imports Japan occurred over a relatively short rate). However, the Department does not of cold rolled steel products from Japan time. See Notice of Final Determination automatically extend an affirmative 2 As far as the Department has been able to of Sales at Less Than Fair Value: critical circumstances determination to determine, there was only a single producer/ Stainless Steel Sheet and Strip in Coils companies covered by the ‘‘all others’’ exporter of subject merchandise from Thailand from Japan (‘‘Stainless Steel from rate. See Stainless Steel from Japan. during the POI.
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.017 pfrm03 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60417 could be used to make a determination deposit or the posting of a bond equal Department may schedule a single regarding the ‘‘all others’’ category. In to the dumping margin, as indicated in hearing to encompass all those cases. the case of Japan, however, these the chart below. These instructions Parties should confirm by telephone the statistics cover numerous HTS suspending liquidation will remain in time, date, and place of the hearing 48 categories that include merchandise effect until further notice. hours before the scheduled time. other than subject merchandise. The dumping margins are provided Interested parties who wish to request Therefore, we cannot rely on these data below. a hearing, or to participate if one is in determining if there were massive requested, must submit a written imports for the ‘‘all others’’ category for Manufacturer/exporter Margin request within 30 days of the Japan. See Stainless Steel from Japan. (percent) publication of this notice. Requests should specify the number of The Department does not have any other Argentina: data indicating massive imports from Siderar Limited ...... 24.53 participants and provide a list of the the companies in question. Therefore, All Others ...... 24.53 issues to be discussed. Oral the Department does not find massive Japan: presentations will be limited to issues imports with regard to the ‘‘all others’’ Nippon Steel Corporation .. 53.04 raised in the briefs. category in the Japan case. Kawasaki Steel Corpora- If these investigations proceed In the case of Thailand, we tion ...... 53.04 normally, we will make our final determined that there were not massive Kobe Steel, Ltd ...... 53.04 determinations in the investigations of imports from the one mandatory Nisshin Steel Co., Ltd ...... 53.04 cold-rolled steel products from respondent. Although we made this All Others ...... 39.28 Argentina, Japan and Thailand no later Thailand: determination on the basis of the facts TCRSSC/Sahaviriya ...... 80.67 than 75 days after the date of this available, we did not use an adverse All Others ...... 67.97 preliminary determination. inference. Therefore, we have These determinations are published considered this as evidence of no ITC Notification pursuant to sections 733(d) and 777(i)(1) massive imports from all other of the Act. companies. Further, we were able to In accordance with section 733(f) of the Act, we have notified the ITC of our Dated: November 1, 1999. analyze the U.S. Customs data on Robert S. LaRussa, imports of cold rolled steel products determinations. If our final antidumping determinations are affirmative, the ITC Assistant Secretary for Import from Thailand because these statistics Administration. did not include HTS categories covering will determine whether these imports [FR Doc. 99–29064 Filed 11–4–99; 8:45 am] merchandise other than subject are materially injuring, or threaten merchandise. However, our analysis material injury to, the U.S. industry. BILLING CODE 3510±DS±P showed that massive imports did not The deadline for that ITC determination would be the later of 120 days after the occur during the ‘‘relatively short DEPARTMENT OF COMMERCE period’’. As a result, the Department date of these preliminary does not find massive imports in regard determinations or 45 days after the date International Trade Administration to the ‘‘all others’’ categories in the of our final determinations. [A±201±504] Thailand case. Public Comment Because the massive imports criterion Porcelain-on-Steel Cookware From necessary to find critical circumstances For the investigations of cold-rolled Mexico: Preliminary Results of has not been met with respect to firms steel products from Argentina, Japan Antidumping Duty Administrative other than NSC, KSC, Kobe, and and Thailand, case briefs must be Review Nisshin, the Department preliminarily submitted no later than 50 days after the finds that critical circumstances do not publication of this notice in the Federal AGENCY: Import Administration, exist for the ‘‘all others’’ category in the Register. Rebuttal briefs must be filed International Trade Administration, Japan and Thailand investigations. within five days after the deadline for Department of Commerce. submission of case briefs. A list of Suspension of Liquidation ACTION: Notice of preliminary results of authorities used, a table of contents, and antidumping duty administrative In accordance with section 733(d) of an executive summary of issues should review. the Act, we are directing the U.S. accompany any briefs submitted to the Customs Service to suspend liquidation Department. Executive summaries SUMMARY: In response to a request by the of all entries of cold-rolled steel should be limited to five pages total, petitioner, Columbian Home Products, products exported from Japan by KSC, including footnotes. LLC (formerly General Housewares NSC, Kobe and Nisshin that are entered, Section 774 of the Act provides that Corporation), the Department of or withdrawn from warehouse, for the Department will hold a hearing to Commerce is conducting an consumption on or after the date which afford interested parties an opportunity administrative review of the is 90 days prior to the date of to comment on arguments raised in case antidumping duty order on porcelain- publication of this notice in the Federal or rebuttal briefs, provided that such a on-steel cookware from Mexico. This Register. For entries of cold-rolled steel hearing is requested by any interested review covers Cinsa, S.A. de C.V. and products from Argentina and Thailand, party. If a request for a hearing is made Esmaltaciones de Norte America, S.A. and merchandise exported by all other in an investigation, the hearing will de C.V., manufacturers/exporters of the companies in Japan, we are directing the tentatively be held two days after the subject merchandise to the United U.S. Customs Service to suspend deadline for submission of the rebuttal States. The twelfth period of review is liquidation of those entries that are briefs, at the U.S. Department of December 1, 1997, through November entered, or withdrawn from warehouse, Commerce, 14th Street and Constitution 30, 1998. for consumption on or after the date of Avenue, NW, Washington, DC 20230. In We preliminarily determine that sales publication of this notice in the Federal the event that the Department receives have been made below normal value. Register. We are also instructing the requests for hearings from parties to Interested parties are invited to Customs Service to require a cash several cold-rolled cases, the comment on these preliminary results. If
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.019 pfrm03 PsN: 05NON1 60418 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices these preliminary results are adopted in Tariff Schedule of the United States Department will determine that the our final results of administrative (HTSUS) subheading 7323.94.00. importer must continue to rely on review, we will instruct the Customs Kitchenware currently classifiable reimbursements, such as intracorporate Service to assess antidumping duties on under HTSUS subheading 7323.94.00.30 transfers, from the producer or exporter all appropriate entries. is not subject to the order. Although the in order to meet its obligations to pay EFFECTIVE DATE: November 5, 1999. HTSUS subheadings are provided for the duties.’’ Id. convenience and customs purposes, the We gave Cinsa and ENASA an FOR FURTHER INFORMATION CONTACT: Kate opportunity to submit factual Johnson or Rebecca Trainor, Office 2, written description of the scope of this information to rebut the presumption of AD/CVD Enforcement Group I, Import proceeding is dispositive. reimbursement with respect to current Administration-Room B099, Allegation of Reimbursement review entries. To rebut the International Trade Administration, For the reasons discussed below, the presumption that reimbursement will U.S. Department of Commerce, 14th Department has preliminarily continue to take place when current Street and Constitution Avenue, NW., determined that the producers/ entries are liquidated, a respondent Washington, DC 20230; telephone: (202) exporters, Cinsa and ENASA, will must normally demonstrate that, during 482–4929 or 482–4007, respectively. reimburse their affiliated importer Cinsa the POR in question (in this case the SUPPLEMENTARY INFORMATION: International Corporation (CIC) for 12th POR), antidumping duties were The Applicable Statute antidumping duties assessed on entries assessed against the affiliated importer of POS cookware from Mexico made and the affiliated importer did in fact Unless otherwise indicated, all during this review period. As a result of pay all antidumping duties assessed citations to the Tariff Act of 1930, as this determination, we deducted from during that POR, without amended (the Act), are references to the the export price (EP) and constructed reimbursement, directly or indirectly, provisions effective January 1, 1995, the export price (CEP) the amount of the by the exporter/producer. See POS effective date of the amendments made antidumping duty that we preliminarily Cookware, 64 FR at 26938. In such a to the Act by the Uruguay Round found for Cinsa and ENASA for this case, the importer’s financial ability to Agreements Act (URAA). In addition, review period in accordance with 19 pay antidumping duties during the unless otherwise indicated, all citations CFR 351.402 (1998). current POR is sufficient evidence of the to the Department’s regulations are to In the eleventh review of this order, importer’s ability, without the regulations at 19 CFR Part 351 (April we found that Cinsa and ENASA had reimbursement, to pay the antidumping 1998). reimbursed CIC for antidumping duties duties to be assessed on entries during through a capital infusion provided to Background the current review. Id. Alternatively, CIC, through a holding company, by respondents may rebut the presumption On October 10, 1986, the Department their common parent company, Grupo by demonstrating that there are changed published in the Federal Register, 51 FR Industrial Saltillo (‘‘GIS’’). We found circumstances (e.g., completed 36435, the final affirmative antidumping that, in making this transfer of funds corporate restructuring) sufficient to duty determination on certain dedicated to the payment of obviate the need for reimbursement of porcelain-on-steel (POS) cookware from antidumping duties, GIS acted on behalf antidumping duties to be assessed on Mexico. We published an antidumping of Cinsa and ENASA, such that the the entries under review. Id.; see also duty order on December 2, 1986, 51 FR transfer may be attributed to those two Dutch Steel, 63 FR at 13213. 43415. firms. See Porcelain-On-Steel Cookware In order to establish that CIC is no On December 8, 1998, the Department from Mexico: Final Results of longer being reimbursed for published in the Federal Register a Antidumping Duty Administrative antidumping duties and that changed notice advising of the opportunity to Review, 64 FR 26934, 26936–37 (May circumstances exist sufficient to obviate request an administrative review of this 18, 1999) (‘‘POS Cookware’’). the need for reimbursement as to twelfth order for the period December 1, 1997, The Department has previously stated review entries when they are liquidated, through November 30, 1998 (the POR), that ‘‘where the Department determines respondents submitted the following: 63 FR 67646. The Department received in the final results of an administrative 1. The relevant pages of CIC’s general a request for an administrative review of review that an exporter or producer has ledger from year-end 1997 and 1998 Cinsa, S.A. de C.V. (Cinsa) and engaged in the practice of reimbursing showing that CIC’s capital account did Esmaltaciones de Norte America, S.A. the importer, the Department will not change during 1998. Respondents de C.V. (ENASA) from Columbian Home presume that the company has also submitted the January 1999 general Products, LLC (CHP), formerly General continued to engage in such activity in ledger page showing the return of the Housewares Corporation (GHC) subsequent reviews, absent a April 1997 capital contribution upon (hereinafter, the petitioner). We demonstration to the contrary.’’ See which the Department’s finding of published a notice of initiation of the Certain Cold-Rolled Carbon Steel Flat reimbursement was based in the prior review on January 25, 1999, 64 FR 3682. Products From the Netherlands: Final review. The Department is conducting this Results of Antidumping Duty 2. Recent audited financial data for review in accordance with section Administrative Review, 63 FR 13204, 1998 showing CIC’s earnings and profit 751(a) of the Act. 13213 (March 18, 1998) (‘‘Dutch Steel’’). margin for that year and interim ‘‘The establishment of a rebuttable financial data for the first half of 1999, Scope of the Review presumption allows the Department to as well as projected figures through The products covered by this review administer the law fairly and 2002. are porcelain-on-steel cookware, effectively.’’ See Dutch Steel, 63 FR at 3. A statement that CIC has ceased including tea kettles, which do not have 13214. ‘‘The Department’s policy is being the importer of record for POS self-contained electric heating elements. crafted to address the instances in cookware imported from Mexico All of the foregoing are constructed of which there has been a finding of effective September 1, 1999. steel and are enameled or glazed with reimbursement and the importer is Respondents state that Cinsa is now the vitreous glasses. This merchandise is financially unable to pay the duty on its importer of record of the subject currently classifiable under Harmonized own. In that circumstance, the merchandise, with title passing to CIC
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.003 pfrm03 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60419 after the merchandise clears Customs. Price’’ and ‘‘Normal Value’’ sections of by the respondents as movement They claim that the result of this this notice. expenses, as factory overhead expenses, restructuring is to eliminate the cost to Pursuant to section 777A(d)(2), we based on information in the CIC of posting the estimated compared the EPs or CEPs of individual questionnaire response and in antidumping duty deposits, and thus to U.S. transactions to the weighted- accordance with 19 CFR 351.401(e)(2). increase the profitability of CIC. average NV of the foreign like product We also deducted the amount of 4. A statement that, in August 1, 1999, where there were sales made in the antidumping duties reimbursed to CIC CIC will begin to market a new line of ordinary course of trade at prices above by Cinsa and ENASA, consistent with products in the U.S. and Canada that the cost of production (COP), as our reimbursement finding discussed will further enhance CIC’s profitability, discussed in the ‘‘Cost of Production above. (See Calculation Memorandum and information in support of the level Analysis’’ section, below. dated November 1, 1999) (Calculation of income they expect to realize from Product Comparisons Memo). this new line. For the CEP sales made by Cinsa and We find that the information that In accordance with section 771(16) of ENASA during the POR, we calculated Cinsa and ENASA have submitted fails the Act, we considered all products CEP in accordance with section 772(b) to satisfactorily demonstrate changed produced by Cinsa and ENASA covered of the Act, because the subject circumstances sufficient to obviate the by the description in the ‘‘Scope of the merchandise was first sold by CIC in the need for reimbursement of CIC as to Review’’ section, above, to be foreign United States. We reclassified as CEP twelfth-review entries when they are like products for purposes of certain sales sold by U.S. agents that liquidated. The primary basis of Cinsa determining appropriate product Cinsa reported as EP sales, because the and ENASA’s argument that CIC is comparisons to U.S. sales. We compared limited information on the record financially self-sufficient and will not U.S. sales to sales made in the home indicates that the merchandise was first need assistance to pay antidumping market within the contemporaneous sold (or agreed to be sold) by CIC after duties are sales projections which window period, which extends from importation into the United States. See contrast markedly with CIC’s actual three months prior to the U.S. sale until Calculation Memo for further details. performance in 1999 versus its two months after the sale. Where there We excluded ENASA’s sample sales performance in 1998. In addition, the were no sales of identical merchandise from the margin calculation, in limited actual financial data on the in the home market made in the accordance with NSK, Ltd. v. United record is insufficient to enable us to ordinary course of trade to compare to States, 115 F.3d 965, 975 (Fed. Cir. determine that CIC’s resources will be U.S. sales, we compared U.S. sales to 1997). We based CEP on packed prices adequate to cover the liquidation of sales of the most similar foreign like to unaffiliated purchasers in the United twelfth review entries. Because much of product made in the ordinary course of States. We made deductions from the this information is business proprietary, trade. In making the product starting price, where appropriate, for it is discussed more fully in the comparisons, we compared individual billing adjustments, discounts, U.S. and November 1, 1999, Analysis cookware pieces with identical or foreign inland freight, U.S. and Mexican Memorandum for the Preliminary similar pieces, and cookware sets to brokerage and handling expenses, and Results (Analysis Memo). We will identical or similar sets. Within these U.S. duty in accordance with section continue to evaluate whether CIC will groupings, we matched foreign like 772(c)(1) of the Act and 19 CFR have the financial capacity to products based on the physical 351.402(a). We reclassified pre-sale independently meet its antidumping characteristics reported by the warehousing expenses, that were duty obligations and, in so doing, will respondents in the following order: incorrectly reported by the respondents solicit additional financial data from quality, gauge, cookware category, as movement expenses, as a factory CIC when it becomes available for model, shape, wall shape, diameter, overhead expenses, based on purposes of the final results. width, capacity, weight, interior coating, information in the questionnaire Furthermore, we will revisit our exterior coating, grade of frit (a material response and in accordance with 19 interpretation of the reimbursement component of enamel), color, CFR 351.401(e)(2). We recalculated regulation as it applies to this case. decoration, and cover, if any. respondents’ reported inventory Accordingly, based on our finding Export Price and Constructed Export carrying costs because respondents did that the respondents have failed to Price not use the Department’s standard satisfactorily rebut the presumption of methodology to report these expenses in reimbursement established in the For certain sales made by Cinsa, we their questionnaire response. See eleventh review of this order, we calculated EP in accordance with Calculation Memo. preliminarily presume that antidumping section 772(a) of the Act, because the We made further deductions, where duties to be assessed on twelfth-review subject merchandise was sold directly to appropriate, for credit, commissions, entries will be reimbursed as well. the first unaffiliated purchaser in the repacking expenses, warehousing Therefore, in accordance with our United States prior to importation and expenses, and indirect selling expenses regulations, we deducted from EP and because CEP methodology was not that were associated with economic CEP the amount of the antidumping otherwise indicated. We based EP on activities occurring in the United States duty that we preliminarily found for packed prices to unaffiliated purchasers pursuant to section 772(d)(1) of the Act Cinsa and ENASA for this review in the United States. We made and 19 CFR 351.402(b). For those home period. deductions from the starting price, market sales for which the payment date where appropriate, for billing was not reported, we calculated credit Fair Value Comparisons adjustments, U.S. and foreign inland based on the average number of days To determine whether sales of POS freight, U.S. and Mexican brokerage and between shipment and payment using cookware by Cinsa and ENASA to the handling expenses, and U.S. duty in the sales for which payment information United States were made at less than accordance with section 772(c)(1) of the was reported. We recalculated CIC’s normal value (NV), we compared EP or Act and 19 CFR 351.402(a). We indirect selling expenses to include bad CEP to the NV, as described in the reclassified pre-sale warehousing debt and depreciation expenses. For ‘‘Export Price and Constructed Export expenses, that were incorrectly reported purposes of calculating the indirect
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We performed this reallocation factory than the CEP level, and there is Therefore, we preliminarily determine because CIC performs limited sales- no basis for determining whether the that all CEP sales constitute a single related functions with respect to EP difference in the levels between NV and LOT in the United States. sales and equal allocation of all CIC CEP affects price comparability, we To determine whether sales in the expenses across all U.S. sales in which adjust NV under section 773(a)(7)(B) of comparison market were at a different CIC is involved would the Act (the CEP offset provision). See LOT than CEP sales, we examined the disproportionately shift these costs from Notice of Final Determination of Sales selling functions performed at the CEP CEP to EP sales. Finally, we made an at Less Than Fair Value: Certain Cut-to- level, after making the appropriate adjustment for profit in accordance with Length Carbon Steel Plate from South deductions under section 772(d) of the section 772(d)(3) of the Act. We also Africa, 62 FR 61731 (November 19, Act, and compared those selling deducted the amount of antidumping 1997). functions to the selling functions duties to be reimbursed to CIC by Cinsa In this review, Cinsa and ENASA performed in the home market LOT. and ENASA, consistent with our reported that comparison-market and In the comparison market, Cinsa and reimbursement finding discussed above. CEP sales were made at different LOTs, ENASA sold subject merchandise to See Calculation Memo. and that comparison-market sales were their affiliated sales organization, made at a more advanced LOT than COMESCO, which then resold the POS Normal Value were Cinsa’s sales to CIC in the United product to unaffiliated customers. In the Based on a comparison of the States. The respondents requested that United States, Cinsa sold its and aggregate quantity of home market and the Department make a CEP offset in ENASA’s subject merchandise to its U.S. sales, we determined that the lieu of an LOT adjustment, as they were affiliate, CIC, which then sold the quantity of the foreign like product sold unable to quantify the price differences subject merchandise directly to in the exporting country was sufficient related to sales made at the different unaffiliated purchasers. Therefore, we to permit a proper comparison with the LOTs. Respondents made no claim for compared the selling functions and the sales of the subject merchandise to the differences in LOT between level of activity associated with Cinsa’s United States, pursuant to section 773(a) comparison-market and EP sales. sales to CIC with the sales by COMESCO of the Act. Therefore, we based NV on Cinsa and ENASA reported four to unaffiliated purchasers in the the price (exclusive of value-added tax) channels of distribution in the home Mexican market. We found that several at which the foreign like product was market: (1) Direct sales to customers of the functions performed in making first sold for consumption in the home from the Saltillo plant, (2) sales shipped the starting price sale in the comparison market, in accordance with section from their Mexico city warehouse, (3) market either were not performed in 773(a)(1)(B)(i) of the Act, as noted sales shipped from their Guadalajara connection with sales to CIC (e.g., below. warehouse, and (4) sales shipped to market research, order solicitation, after discount stores. In analyzing the data in sale services/warranties, and Level of Trade and CEP Offset the home market sales listing by advertising), or were only performed to In accordance with section distribution channel and sales function, a small degree in connection with sales 773(a)(1)(B) of the Act, to the extent we found that the four home market to CIC (e.g. inventory maintenance), practicable, we determine NV based on channels did not differ significantly thus supporting respondents’ contention sales in the comparison market at the with respect to selling functions. that different LOTs exist between same level of trade (LOT) as the EP or Similar services were offered to all or comparison-market and CEP sales. CEP transaction. The NV LOT is that of some portion of customers in each These differences also support the the starting-price sales in the channel. Based on this analysis, we find respondents’ assertion that the comparison market or, when NV is that the four home market channels of comparison-market merchandise is sold based on CV, that of the sales from distribution comprise a single LOT. at a more advanced LOT (see the which we derive selling, general and Cinsa made both EP and CEP sales in Preamble to the Department’s administrative (SG&A) expenses and the U.S. market during the POR, while Regulations, 62 FR 27295, 27371 (May profit. For EP, the U.S. LOT is also the ENASA made only CEP sales in the U.S. 19, 1997)) (‘‘Each more remote level level of the starting-price sale, which is market. The EP sales were made by the must be characterized by an additional usually from the exporter to an exporter to the unaffiliated customer, layer of selling activities, amounting in unaffiliated U.S. customer. For CEP, it is who received the merchandise at the the aggregate to a substantially different the level of the constructed sale from border between Mexico and the United selling function.’’) Furthermore, many the exporter to an affiliated importer, States (FOB Laredo, Texas). As Cinsa of the same selling functions that are after the deductions required under did not provide the selling function performed at the comparison-market section 772(d) of the Act. To determine information necessary to evaluate LOT are performed, not at the CEP LOT, whether NV sales are at a LOT different LOT(s) associated with EP sales in but by the respondents’ U.S. affiliate. from EP or CEP, we examine stages in response to the Department’s Based on this analysis, we preliminarily the marketing process and selling questionnaire, we have not performed a conclude that the comparison-market functions along the chain of distribution LOT analysis for purposes of making a and CEP channels of distribution are between the producer and the LOT adjustment for any differences sufficiently different to determine that unaffiliated customer. If the between comparison-market and EP two different LOTs exist, and that the comparison-market sales are at a sales. comparison-market sales are made at a different LOT, and the difference affects All CEP sales were made through the more advanced LOT than are the CEP price comparability, as manifested in a same distribution channel: By the sales. pattern of consistent price differences Mexican exporter to CIC, the U.S. As there is no comparison-market between the sales on which NV is based affiliated reseller, who then sold the LOT that is comparable to that in the
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United States, we have no basis for reclassified pre-sale warehousing used the remaining sales as the basis for determining whether the difference in expenses, that were incorrectly reported determining NV. LOTs affects price comparability. by the respondents as movement Price-to-Price Comparisons Therefore, we made a CEP offset to NV. expenses, as factory overhead expenses. In accordance with section 773(a)(7) of B. Test of Home Market Prices For both of the respondents, we the Act, we calculated the CEP offset as calculated NV based on the VAT- the lesser of the following: We compared the weighted-average, exclusive, home market gross unit price 1. The indirect selling expenses on per-unit COP figures for the POR to and deducted, where appropriate, the comparison-market sale, or home market sales of the foreign like inland freight, and early payment 2. The indirect selling expenses product, as required by section 773(b) of discounts in accordance with section deducted from the starting price in the Act, in order to determine whether 773(a)(6) of the Act and 19 CFR 351.401. calculating CEP. these sales were made at prices below We reclassified pre-sale warehousing the COP. In determining whether to Cost of Production Analysis expenses, that were incorrectly reported disregard home market sales made at by the respondents as movement The Department disregarded certain prices below the COP, we examined expenses, as a factory overhead sales made by Cinsa and ENASA for the whether: (1) within an extended period expenses, based on information in the period December 1, 1996, through of time, such sales were made in questionnaire response and in November 30, 1997 (the most recently substantial quantities; and (2) such sales accordance with 19 CFR 351.401(e)(2). completed review of Cinsa and ENASA), were made at prices which permitted For comparisons to Cinsa’s EP sales, pursuant to a finding in that review that the recovery of all costs within a we made a circumstance-of-sale sales were made below cost. Thus, in reasonable period of time. On a product- accordance with section 773(b)(2)(A)(ii) specific basis, we compared the COP adjustment, where appropriate, for of the Act, there are reasonable grounds (net of selling expenses) to the home differences in credit expenses pursuant to believe or suspect that respondents market prices, less any applicable to section 773(a)(6)(C)(iii) of the Act and Cinsa and ENASA made sales in the movement charges, rebates, discounts, 19 CFR 351.410(c). For comparisons to home market at prices below the cost of and direct and indirect selling expenses. Cinsa’s and ENASA’s CEP sales, we also producing the merchandise in the deducted from NV credit expenses, C. Results of COP Test current review period. As a result, the commissions, and the lesser of Department initiated investigations to Pursuant to section 773(b)(2)(C), comparison-market indirect selling determine whether the respondents where less than 20 percent of the expenses and the indirect selling made home market sales during the POR respondent’s sales of a given product expenses deducted from CEP (the CEP at prices below their COP within the were at prices less than the COP, we did offset) pursuant to section 773(a)(7)(A) meaning of section 773(b) of the Act. not disregard any below-cost sales of of the Act and 19 CFR 351.412(f). For that product because we determined those comparison-market sales for A. Calculation of COP that the below-cost sales were not made which the payment date was not We calculated the COP on a product- in ‘‘substantial quantities.’’ Where 20 reported, we calculated credit based on specific basis, based on the sum of percent or more of the respondent’s the average number of days between Cinsa’s and ENASA’s cost of materials sales of a given product during the POR shipment and payment using the sales and fabrication for the foreign like were at prices less than the COP, we for which payment information was product, plus amounts for home market disregarded the below-cost sales where reported. We made adjustments to NV SG&A and packing costs in accordance such sales were found to be made at for differences in packing expenses. We with section 773(b)(3) of the Act. prices which would not permit the also made adjustments to NV, where Because Cinsa and ENASA reported recovery of all costs within a reasonable appropriate, for differences in costs monthly costs, we created an annual period of time (in accordance with attributable to differences in the average COP on a product-specific basis. section 773(b)(2)(D) of the Act). physical characteristics of the We relied on COP information The results of our cost tests for Cinsa merchandise, pursuant to section submitted by Cinsa and ENASA, except and ENASA indicated for certain home 773(a)(6)(C)(ii) of the Act and 19 CFR in the following instances where it was market models, less than twenty percent 351.411. not appropriately quantified or valued: of the sales of the model were at prices Currency Conversion (1) Frit prices from an affiliated supplier below COP. We therefore retained all did not approximate fair market value sales of these models in our analysis We made currency conversions in prices; therefore, we increased Cinsa’s and used them as the basis for accordance with section 773A of the Act and ENASA’s frit prices to account for determining NV. Our cost tests also based on the official exchange rates in the portion of the reported cost savings indicated that for certain other home effect on the dates of the U.S. sales as to affiliated parties which was not due market models more than twenty certified by the Federal Reserve Bank of to market-based savings; (2) we percent of home market sales within an New York. recalculated Cinsa’s depreciation extended period of time were at prices Preliminary Results of Review expenses to account for idle assets; (3) below COP and would not permit the we excluded Cinsa’s and ENASA’s full recovery of all costs within a As a result of this review, we negative interest expense; (4) for sales reasonable period of time. In accordance preliminarily determine that the reported without COP data, we assigned with section 773(b)(1) of the Act, we weighted-average dumping margins for the weighted-average COP reported for therefore excluded the below-cost sales the period December 1, 1997, through other sales in the database; and (5) we of these models from our analysis and November 30, 1998, are as follows:
Manufacturer/exporter Period Margin
Cinsa ...... 12/1/97±11/30/98 16.89 ENASA ...... 12/1/97±11/30/98 54.59
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We will disclose the calculations used assessment rates for the subject Dated: November 1, 1999. in our analysis to parties to this merchandise by aggregating the Robert S. LaRussa, proceeding within five days of the dumping margins calculated for all U.S. Assistant Secretary for Import publication date of this notice. See 19 sales examined and dividing this Administration. CFR 351.224(b). Any interested party amount by the total entered value of the [FR Doc. 99–29059 Filed 11–4–99; 8:45 am] may request a hearing within 30 days of sales examined. In calculating these BILLING CODE 3510±DS±P publication. See 19 CFR 351.310(c). If importer-specific assessment rates, we requested, a hearing will be held 44 will take into account the amount of the days after the publication of this notice, reimbursement calculated on sales DEPARTMENT OF COMMERCE or the first workday thereafter. during the POR. See Calculation Memo Issues raised in the hearing will be International Trade Administration for details. limited to those raised in the respective [A±821±811] case briefs and rebuttal briefs. Case Cash Deposit Requirements briefs from interested parties and Preliminary Determination of Critical rebuttal briefs, limited to the issues The following cash deposit Circumstances: Solid Fertilizer Grade raised in the respective case briefs, may requirements will be effective for all Ammonium Nitrate From the Russian be submitted not later than 30 days and shipments of the subject merchandise Federation 37 days, respectively, from the date of entered, or withdrawn from warehouse, publication of these preliminary results. for consumption on or after the AGENCY: Import Administration, See 19 CFR 351.309(c) and (d). Parties publication date of the final results of International Trade Administration, who submit case briefs or rebuttal briefs this administrative review, as provided Department of Commerce. in this proceeding are requested to by section 751(a)(1) of the Act: (1) The EFFECTIVE DATE: November 5, 1999. submit with each argument (1) a cash deposit rates for the reviewed FOR FURTHER INFORMATION CONTACT: statement of the issue and (2) a brief companies will be those established in Doreen Chen at (202) 482–0408 or Rick summary of the argument. Parties are the final results of this review; (2) for Johnson at (202) 482–3818, Import also encouraged to provide a summary previously reviewed or investigated Administration, International Trade of the arguments not to exceed five companies not listed above, the cash Administration, U.S. Department of pages and a table of statutes, deposit rate will continue to be the Commerce, 14th Street and Constitution regulations, and cases cited. Avenue, N.W., Washington, D.C. 20230. The Department will issue the final company-specific rate published for the results of these administrative reviews, most recent period; (3) if the exporter is Preliminary Determination of Critical including the results of its analysis of not a firm covered in these reviews, a Circumstances prior review, or the original less-than- issues raised in any written briefs or at The Applicable Statute and Regulations the hearing, if held, not later than 120 fair-value (LTFV) investigation, but the days after the date of publication of this manufacturer is, the cash deposit rate Unless otherwise indicated, all notice. will be the rate established for the most citations to the statute are references to Interested parties who wish to request recent period for the manufacturer of the provisions effective January 1, 1995, a hearing or to participate if one is the merchandise; and (4) the cash the effective date of the amendments requested, must submit a written deposit rate for all other manufacturers made to the Tariff Act of 1930 (the Act) request to the Assistant Secretary for or exporters will continue to be 29.52 by the Uruguay Round Agreements Act Import Administration, Room B–099, percent, the ‘‘All Others’’ rate made (URAA). In addition, unless otherwise within 30 days of the date of publication effective by the LTFV investigation. indicated, all citations to the of this notice. Requests should contain: These requirements, when imposed, Department’s regulations are references to the provisions codified at 19 CFR Part (1) The party’s name, address and shall remain in effect until publication telephone number; (2) the number of 351 (1999). of the final results of the next participants; and (3) a list of issues to be administrative review. Critical Circumstances discussed. See 19 CFR 351.310(c). Notification to Importers On August 12, 1999, the Department Assessment Rates of Commerce (‘‘the Department’’) The Department shall determine, and This notice also serves as a initiated an investigation to determine the Customs Service shall assess, preliminary reminder to importers of whether imports of solid fertilizer grade antidumping duties on all appropriate their responsibility under 19 CFR ammonium nitrate from the Russian entries. The Department will issue 351.402(f) to file a certificate regarding Federation (‘‘Russia’’) are being, or are appropriate appraisement instructions the reimbursement of antidumping likely to be, sold in the United States at directly to the Customs Service upon duties prior to liquidation of the less than fair value. In the petition filed completion of this review. The final relevant entries during these review on July 23, 1999, petitioner alleged that results of this review shall be the basis periods. Failure to comply with this there is a reasonable basis to believe or for the assessment of antidumping requirement could result in the suspect that critical circumstances exist duties on entries of merchandise Secretary’s presumption that with respect to imports of solid fertilizer covered by the final results of this reimbursement of antidumping duties grade ammonium nitrate from Russia. review and for future deposits of occurred and the subsequent assessment On September 3, 1999, the International estimated duties. We will instruct the Trade Commission (‘‘ITC’’) determined of double antidumping duties. Customs Service to assess antidumping that there was threat of material injury duties on all appropriate entries covered This administrative review and notice to the domestic industry from imports of by this review if any importer-specific is published in accordance with solid fertilizer grade ammonium nitrate assessment rate calculated in the final sections 751(a)(1) of the Act and CFR from Russia. results of this review is above de 351.221. In accordance with 19 CFR minimis. For assessment purposes, we 351.206(c)(2)(i), because petitioner intend to calculate importer-specific submitted a critical circumstances
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In a policy bulletin will be considered massive when on notice that an antidumping issued on October 8, 1998 (Policy imports during the comparison period proceeding concerning the subject Bulletin Number 98.4), the Department have increased by 15 percent or more merchandise was likely. Thus, we stated that it may issue a preliminary compared to imports during the base preliminarily determine that by early critical circumstances determination period. However, as stated in the December 1998, importers, exporters, or prior to the date of the preliminary Department’s regulations at section producers knew or should have known LTFV determination, assuming adequate 351.206(i), if the Secretary finds that that a proceeding was likely concerning evidence of critical circumstances exists importers, exporters, or producers had solid fertilizer grade ammonium nitrate (see Change in Policy Regarding Timing reason to believe, at some time prior to from Russia (see discussion in the of Issuance of Critical Circumstances the beginning of the proceeding, that a Determination of Critical Circumstances Determinations, 63 FR 55364 (October proceeding was likely, then the Memorandum, November 1, 1999). 15, 1998)). In accordance with this Secretary may consider a time period of Therefore, we examined the increase policy, we are issuing a preliminary not less than three months from that in import volumes during the period of critical circumstances decision in the earlier time. December 1998 through May 1999 as investigation of imports of solid In this case, petitioner argues that compared to June 1998 through fertilizer grade ammonium nitrate from importers, exporters, or producers of November 1998. The Department found Russia. Russian solid fertilizer grade that imports of subject merchandise Section 733(e)(1) of the Act provides ammonium nitrate had reason to believe escalated by over 257.88 percent (see that the Department will determine that that an antidumping proceeding was Attachment 1 to the Determination of critical circumstances exist if there is a likely before the filing of the petition. Critical Circumstances Memorandum). reasonable basis to believe or suspect The Department examined whether Furthermore, while the record indicated that: (A)(i) there is a history of dumping conditions in the industry and that seasonality might account for some and material injury by reason of published reports and statements of that increase, we preliminary dumped imports in the United States or provide a basis for inferring knowledge determine that the 257.88 percent elsewhere of the subject merchandise, or that an antidumping investigation on increase is not simply a function of (ii) the person by whom, or for whose the subject merchandise was likely. The seasonality, as the actual volume account, the merchandise was imported Department found that, as a result of an increase from the period December to knew or should have known that the investigation on Russian ammonium May compared to the same period in the exporter was selling the subject nitrate imports by the International previous two years indicates an actual merchandise at less than its fair value Trade Commission under section 332(g) volume increase of 88.31 percent (see and that there was likely to be material of the Tariff Act of 1930, as amended Attachment 2 to the Determination of injury by reason of such sales, and (B) (published on May 6, 1998), there was Critical Circumstances Memorandum). there have been massive imports of the considerable press coverage discussing Therefore, pursuant to section 733(e) of subject merchandise over a relatively concerns of ammonium nitrate the Act and section 351.206(h) of the short period. producers, among others, concerning Department’s regulations, we the influx of imports of subject preliminarily determine that there have History of Dumping and Importer merchandise and the likelihood of a been massive imports of solid fertilizer Knowledge remedial trade action, including the grade ammonium nitrate from Russia To determine whether there is a filing of an antidumping petition. On over a relatively short time. history of injurious dumping of the December 3, 1998, a coalition of U.S. merchandise under investigation, in producers of solid fertilizer grade Conclusion accordance with section 733(e)(1)(A)(i), ammonium nitrate formed the We preliminarily determine that there the Department considers evidence of Committee for Fair Ammonium Nitrate is a reasonable basis to believe or existing antidumping orders on solid Trade (‘‘COFANT’’), to monitor suspect that critical circumstances exist fertilizer grade ammonium nitrate from developments with respect to the for imports of solid fertilizer grade Russia in the United States or elsewhere importation of ammonium nitrate and to ammonium nitrate from Russia. to be sufficient. To support a finding of pursue available remedies, should Suspension of Liquidation history of injurious dumping of Russian unfair trade practices be identified. On ammonium nitrate, the petition states December 7, 1998, the formation of this In accordance with section 733(e)(2) that the European Community (‘‘EC’’) coalition was reported in a trade of the Act, upon issuance of an issued an antidumping order in 1995 on publication. Significantly, this trade affirmative preliminary determination of imports of ammonium nitrate from publication also reported in the same sales at less than fair value in the Russia. This order remains in effect article that ‘‘some of the committee investigation, the Department will direct today. The existence of an antidumping members already have been active in the U.S. Customs Service to suspend order on Russian ammonium nitrate in trying to get federal officials to find liquidation of all entries of solid the EC is sufficient evidence of a history evidence of Russian AN dumping.’’ See fertilizer grade ammonium nitrate from of injurious dumping. Accordingly, Petition for the Imposition of Russia, as appropriate, that are entered, there is no need to examine importer Antidumping Duties: Solid Agricultural or withdrawn from warehouse, for knowledge. Grade Ammonium Nitrate from the consumption on or after 90 days prior Russian Federation (July 23, 1999) at to the date of publication in the Federal Massive Imports Exhibit 37, p. 5. Register of our preliminary In determining whether there are The press coverage leading up to the determination of sales at less than fair ‘‘massive imports’’ over a ‘‘relatively formation of COFANT and the value. The Customs Service shall
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.144 pfrm03 PsN: 05NON1 60424 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices require a cash deposit or posting of a last day of the anniversary month of an Processing Standard (FIPS) 46–3, Data bond equal to the estimated preliminary order/finding for which a review is Encryption Standard, which supersedes dumping margin reflected in the requested and a final determination FIPS 46–2. FIPS 46–3 provides for the preliminary determination of sales at within 120 days after the date on which use of the Triple DES as specified in less than fair value published in the the preliminary determination is American National Standard (ANSI) Federal Register. This suspension of published. However, if it is not X9.52. NIST expects that Triple DES liquidation will remain in effect until practicable to complete the review will provide Federal agencies with further notice. within the time period, section strong protective measures against 751(a)(3)(A) of the Act allows the associated risks until the Advanced Final Critical Circumstances Department to extend these deadlines to Encryption Standard (AES) is available, Determination a maximum of 365 days and 180 days, probably in 2001. We will make a final determination respectively. EFFECTIVE DATE: This standard is concerning critical circumstances for effective March 25, 2000. Background Russia when we make our final ADDRESSES: FIPS 46–3 is available on determination regarding sales at less On April 30, 1999, the Department the NIST web page at:
VerDate 29-OCT-99 16:44 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.XXX pfrm01 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60425 expected life of the standard and that Technology Management Reform Act of 1996, derive the original data algorithmically. the security could be increased, when Executive Order 13011, and Appendix III to However, it may be feasible to needed, by using the DES for three Office of Management and Budget (OMB) determine the key by a brute force sequential encryption operations with Circular A–130. ‘‘exhaustion attack.’’ Also, anyone who different keys. This approach is called Federal Information Processing does have the key and the algorithm can Triple DES. In 1997, NIST advised Standards Publications (FIPS PUBS) are easily decipher the cipher and obtain Federal organizations that they could issued by the National Institute of the original data. A standard algorithm use Triple DES if they needed security Standards and Technology after based on a secure key thus provides a beyond that provided by the DES. approval by the Secretary of Commerce basis for exchanging encrypted Since 1998, there have been reports pursuant to Section 5131 of the computer data by issuing the key used that the DES could be attacked through Information Technology Management to encipher it to those authorized to an exhaustion attack whereby possible Reform Act of 1996 (Public Law 104– have the data. keys are tested one at a time until the 106), and Computer Security Act of Data that is considered sensitive by correct key is found. Because of this, 1987 (Public Law 100–235). the responsible authority, data that has NIST proposed to replace FIPS 46–2 1. Name of Standard. Data Encryption a high value, or data that represents a Standard (DES). with FIPS 46–3 to specify use of Triple high value should be cryptographically 2. Catgegory of Standard. Computer DES. Triple DES was documented and protected if it is vulnerable to specified as an American National Security, Cryptography. 3. Explanation. The Data Encryption unauthorized disclosure or undetected Standard (ANSI X9.52) by Accredited modification during transmission or Standards Committee X9 for Financial Standard (DES) specifies two FIPS approved cryptographic algorithms as while in storage. A risk analysis should Services, which develops cryptography be performed under the direction of a and public key infrastructure standards. required by FIPS 140–1. When used in conjunction with the American National responsible authority to determine Triple DES was developed by the potential threats. The costs of providing private sector with NIST assistance and Standards Institute (ANSI) X9.52 standard, this publication provides a cryptographic protection using this is used by many government and private standard as well as alternative methods sector organizations, particularly in the complete description of the mathematical algorithms for encrypting of providing this protection and their financial services industry. respective costs should be projected. A Public comments were solicited on (enciphering) and decrypting (deciphering) binary coded information. responsible authority then should make the draft of FIPS 46–3 in the Federal a decision, based on these analyses, Register (January 15, 1999, Volume 64, Encrypting data converts it to an unintelligible form called cipher. whether or not to use cryptographic Number 10, pp. 2625–2628). The draft protection and this standard. standard was also made available on Decrypting cipher converts the data NIST’s web page. NIST received back to its original form called plaintext. 4. Approving Authority. Secretary of comments from three industry The algorithms described in this Commerce. organizations and individuals and one standard specify both enciphering and 5. Maintenance Agency. U.S. Canadian government organization. The deciphering operations that are based on Department of Commerce, National comments supported revision of the a binary number called a key. Institute of Standards and Technology, standard; minor technical and editorial A DES key consists of 64 binary digits Information Technology Laboratory. changes were recommended and have (‘‘0’’s or ‘‘1’’s) of which 56 bits are 6. Applicability. This standard may be been incorporated into FIPS 46–3. randomly generated and used directly used by Federal departments and Related to FIPS 46–3 is NIST’s project by the algorithm. The other 8 bits, agencies when the following conditions to develop an Advanced Encryption which are not used by the algorithm, apply: Standard (AES), anticipated for may be used for error detection. The 8 1. An authorized official or manager completion in 2001. It is anticipated error detecting bits are set to make the responsible for data security or the that Triple DES and the Advanced parity of each 8-bit byte of the key odd, security of any computer system decides Encryption Standard (AES) will coexist i.e., there is an odd number of ‘‘1’’s in that cryptographic protection is 1 as FIPS approved algorithms allowing each 8-bit byte. A TDEA key consists of required; and three DES keys, which is also referred for a gradual transition to AES. (The 2. The data is not classified according to as a key bundle. Authorized users of AES is a new symmetric-based to the National Security Act of 1947, as encrypted computer data must have the encryption standard under development amended, or the Atomic Energy Act of key that was used to encipher the data by NIST. AES is intended to provide 1954, as amended. strong cryptographic security for the in order to decrypt it. The encryption algorithms specified in this standard are Federal agencies or departments, protection of sensitive information well which use cryptographic devices for into the 21st century.) NIST is working commonly known among those using the standard. The cryptographic security protecting data classified according to with industry and the cryptographic either of these acts, can use those community to develop the AES, which of the data depends on the security provided for the key used to encipher devices for protecting sensitive data in will offer improved security and lieu of the standard. efficiency over Triple DES, and provide and decipher the data. Data can be recovered from cipher Other FIPS approved crytographic needed cryptographic protection will algorithms may be used in addition to into the next century. Information on only by using exactly the same key used to encipher it. Unauthorized recipients or in lieu of this standard when the AES is available at
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7. Applications. Data encryption Laboratory, 100 Bureau Dr. Stop 8930, TCFB and TOBF modes are based upon (cryptography) is utilized in various Gaithersburg, MD 20899–8930. the ECB, CBC, CFB and OFB modes, applications and environments. The 9. Export Control. Cryptographic respectively, obtained by substituting specific utilization of encryption and devices and technical data regarding the DES encryption/decryption the implementation of the DES and them are subject to Federal Government operation with the TDEA encryption/ TDEA 2 will be based on many factors export controls and exports of decryption operation. particular to the computer system and cryptographic modules implementing 12. Implementation of this standard. its associated components. In general, this standard and technical data FIPS 46–3 supersedes FIPS 46–2 on crytography is used to protect data regarding them must comply with these March 25, 2000. It applies to all Federal while it is being communicated between Federal regulations and be licensed by agencies, contractors of Federal two points or while it is stored in a the Bureau of Export Administration of agencies, or other organizations that medium vulnerable to physical theft. the U.S. Department of Commerce. process information (using a computer Communication security provides 10. Patents. Cryptographic devices or telecommunications system) on protection to data by enciphering it at implementing this standard may be behalf of the Federal Government to the transmitting point and deciphering covered by U.S. and foreign patents, accomplish a Federal function. Each it at the receiving point. File security including patents issued to the Federal agency or department may provides protection to data by International Business Machines issues internal directives for the use of enciphering it when it is recorded on a Corporation. However, IBM has granted this standard by their operating units storage medium and deciphering it nonexclusive, royalty-free licenses based on their data security requirement when it is read back from the storage under the patents to make, use and sell determinations. medium. In the first case, the key must apparatus that complies with the a. Triple DES (i.e., TDEA), as specified be available at the transmitter and standard. The terms, conditions and in ANSI X9.52, is recognized as a FIPS receiver simultaneously during scope of the licenses are set out in approved algorithm. communication. In the second case, the notices published in the May 13, 1975, b. Triple DES is the FIPS approved key must be maintained and accessible and August 31, 1976, issues of the symmetric encryption algorithm of for the duration of the storage period. Official Gazette of the United States choice. FIPS 171 provides approved methods Patent and Trademark Office (934 O.G. c. Single DES (i.e., DES) is permitted for managing the keys used by the 452 and 949 O.G. 1717). for legacy systems only. New algorithms specified in this standard. 11. Alternative Modes of Using the procurements to support legacy systems Public-key based protocols may also be DES and TDEA. FIPS PUB 81, DES should, where feasible, use Triple DES used (e.g., ANSI X9.42). Modes of Operation, describes four products running in the single DES 8. Implementations. Crytographic different modes for using DES described configuration. modules that implement this standard in this standard. These four modes are d. Government organizations with shall conform to the requirements of called the Electronic Codebook (ECB) legacy DES systems are encouraged to FIPS 140–1. The algorithms specified in mode, the Cipher Block Chaining (CBC) transition to Triple DES based on a this standard may be implemented in mode, the Cipher Feedback (CFB) mode, prudent strategy that matches the software, firmware, hardware, or any and the Output Feedback (OFB) mode. strength of the protective measures combination thereof. The specific ECB is a direct application of the DES against the associated risk. implementation may depend on several algorithm to encrypt and decrypt data; CBC is an enhanced mode of ECB which Note: It is anticipated that triple DES and factors such at the application, the the Advanced Encryption Standard (AES) environment, the technology used, etc. chains together blocks of cipher text; will coexist as FIPS approved algorithms Implementations which may comply CFB uses previously generated cipher allowing for a gradual transition to AES. (The with this standard include electronic text as input to the DES to generate AES is a new symmetric-based encryption devices (e.g., VLSI chip packages), pseudorandom outputs which are standard under development by NIST. AES is micro-processors using Read Only combined with the plain text to produce intended to provide strong cryptographic Memory (ROM), Programmable Read cipher, thereby chaining together the security for the protection of sensitive Only Memory (PROM), or Electronically resulting cipher; OFB is identical to CFB information well into the 21st century.) Erasable Read Only Memory (EEROM), except that the previous output of the NIST provides technical assistance to and mainframe computers using DES is used as input in OFB while the Federal agencies in implementing data Random Access Memory (RAM). When previous cipher is used as imput in encryption through the issuance of an algorithm is implemented in software CFB. OFB does not chain the cipher. standards, guidelines and through or firmware, the processor on which the The ANSI X9.52 standard, ‘‘Triple individual reimbursable projects. algorithm runs must be specified as part Data Encryption Algorithm Modes of 13. Specifications. Federal of the validation process. Operation’’ describes seven different Information Processing Standard (FIPS) Implementations of an algorithm that modes for using TDEA described in this 46–3, Data Encryption Standard (DES) are tested and validated by NIST will be standard. These seven modes are called (affixed). considered as complying with the the TDEA Electronic Codebook Mode of 14. Cross Index. standard. Note that FIPS 140–1 places Operation (TECB) mode, the TDEA a. FIPS PUB 31, Guidelines to ADP additional requirements on crytographic Cipher Block Chaining Mode of Physical Security and Risk modules for Government use. Operation (TCBC), the TDEA Cipher Management. Information about devices that have Block Chaining Mode of Operation— b. FIPS PUB 39, Glossary for been validated and procedures for Interleaved (TCBC–I), the TDEA Cipher Computer Systems Security. testing and validating equipment for Feedback Mode of Operation (TCFB), c. FIPS PUB 73, Guidelines for conformance with this standard and the TDEA Cipher Feedback Mode of Security of Computer Applications. FIPS 140–1 are available from the Operation—Pipelined (TCFB–P), the d. FIPS PUB 74, Guidelines for National Institute of Standards and TDEA Output Feedback Mode of Implementing and Using the NBS Data Technology, Information Technology Operation (TOFB), and the TDEA Encryption Standard. Output Feedback Mode of Operation— e. FIPS PUB 81, DES Modes of 2 DES forms the basis for TDEA. Interleaved (TOFB–I). The TECB, TCBC, Operation.
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f. FIPS PUB 87, Guidelines for ADP decision that explains the basis on Dated: October 29, 1999. Contingency Planning. which the agency head made the Karen H. Brown, g. FIPS PUB 112, Password Usage. required finding(s). A copy of each Deputy Director, NIST h. FIPS PUB 113, Computer Data decision, with procurement sensitive or [FR Doc. 99–28947 Filed 11–4–99; 8:45 am] Authentication. classified portions clearly identified, BILLING CODE 3510±CN±M i. FIPS PUB 140–1, Security shall be sent to National Institute of Requirements for Cryptographic Standards and Technology; ATTN: FIPS Modules. Waiver Decisions, 100 Bureau Drive, DEPARTMENT OF COMMERCE j. FIPS PUB 171, Key Management Stop 8930, Gaithersburg, MD 20899– Using ANSI X9.17. 8930. National Telecommunications and k. ANSI X9.42, Agreement of Information Administration Symmetric Keys on Using Discrete In addition, notice of each waiver Logarithm Cryptography. granted and each delegation of authority [Docket No. 991101293±9293±01] l. ANSI X9.52, Triple Data Encryption to approve waivers shall be sent Algorithm Modes of Operation. promptly to the Committee on Public Meeting, Digital Divide Summit Government Operations of the House of 15. Qualifications. Both this standard AGENCY: National Telecommunications and possible threats reducing the Representatives and the Committee on and Information Administration, security provided through the use of Government Affairs of the Senate and Department of Commerce. this standard will undergo review by shall be published promptly in the ACTION: Notice. NIST as appropriate, taking into account Federal Register. newly available technology. In addition, When the determination on a waiver SUMMARY: The Secretary of Commerce, the awareness of any breakthrough in applies to the procurement of William M. Daley, will host a Digital technology or any mathematical equipment and/or services, a notice of Divide Summit, focused on expanding weakness of the algorithm will cause the waiver determination must be access to new technologies for NIST to reevaluate this standard and published in the Commerce Business underserved populations and areas. provide necessary revisions. Daily as a part of the notice of Secretary Daley will lead the dialogue With regard to the use of single DES, solicitation for offers of an acquisition among participants from the U.S. exhaustion of the DES (i.e., breaking a or, if the waiver determination is made Government, technology industry, civil DES encrypted ciphertext by trying all after that notice is published, by rights and non-profit communities, possible keys) has become increasingly amendment to such notice. grass-roots community organizations, more feasible with technology advances. and the general public. A copy of the waiver, any supporting Following a recent hardware based DES DATES: The Digital Divide Summit will documents, the document approving the key exhaustion attack, NIST can no be held on December 9, 1999 from 8:00 waiver and any accompanying longer support the use of single DES for a.m. to 1:00 p.m. documents, with such deletions as the many applications. ADDRESSES: The Digital Divide Summit 16. Comments. Comments and agency is authorized and decides to make under 5 United States Code will be held at the U.S. Department of suggestions regarding this standard and Commerce, Main Auditorium, 1401 its use are welcomed and should be Section 552(b), shall be part of the procurement documentation and Constitution Avenue, NW, Washington, addressed to the National Institute of DC 20230. Standards and Technology, Attn: retained by the agency. FOR FURTHER INFORMATION CONTACT: Director, Information Technology 18. Special Information. In Jeffrey Joyner, National Laboratory, 100 Bureau Dr., Stop 8900, accordance with the Qualifications Telecommunications and Information Gaithersburg, MD 20899–8900. Section of this standard, reviews of this 17. Waiver Procedure. Under certain Administration, U.S. Department of standard have been conducted every 5 Commerce, 1401 Constitution Avenue, exceptional circumstances, the heads of years since its adoption in 1977. The Federal departments and agencies may N.W., Room 4713, Washington, D.C. standard was reaffirmed during each of 20230; telephone (202) 482–1816; approve waivers to Federal Information those reviews. This revision to the text Processing Standards (FIPS). The head facsimile (202) 501–8013; or electronic of the standard contains changes which mail
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.027 pfrm03 PsN: 05NON1 60428 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices serious repercussions. The digital divide U.S. Government building pass if which consultations have been threatens to impede the health of our applicable. To facilitate entry, you requested, call (202) 482–3740. communities, development of a skilled should also bring your registration form workforce, and the economic welfare of with you, if available. Any member of SUPPLEMENTARY INFORMATION: our nation. the public wishing to attend and Authority: Section 204 of the Agricultural On December 9, 1999, the Secretary of requiring special services, such as sign Act of 1956, as amended (7 U.S.C. 1854); Commerce, William M. Daley, will host language interpretation or other Executive Order 11651 of March 3, 1972, as a Digital Divide Summit, focused on ancillary aids, should contact Sarah amended. expanding access to information Maloney, NTIA, U.S. Department of technologies for underserved Commerce, at least five (5) working days A notice and letter to the populations and areas. Secretary Daley prior to the Summit, at either telephone Commissioner of Customs published in will lead the dialogue among number (202) 482–1835 or electronic the Federal Register on February 8, participants from the U.S. Government, mail at
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DEPARTMENT OF DEFENSE Chaffee Redevelopment Authority ACTION: Notice of availability. (FCRA) to produce a reuse development Department of the Army plan for the surplus property. The SUMMARY: The Department of the Army impacts of reuse are evaluated in terms announces the availability of the Notice of Availability for the Final of land use intensities. This reuse Supplemental EA and FNSI for the Environmental Impact Statement analysis is based upon implementing proposed action evaluated by this (FEIS) for the Disposal and Reuse of one of three reuse alternatives, all of Supplemental EA to dispose of Sierra Fort Chaffee, Arkansas which are based upon the FCRA reuse Army Depot (SIAD) utility systems and the child development center (CDC) AGENCY: Department of the Army, DoD. plan. The Army has not selected one of (property made available by the ACTION: Notice of availability. these three reuse alternatives as the preferred action. Selection of the realignment of SIAD) in accordance SUMMARY: In compliance with the preferred reuse plan will be made by the with the Defense Base Closure and National Environmental Policy Act Fort Chaffee Public Trust, a follow-on Realignment Act of 1990, Public Law (NEPA) of 1969 and the President’s organization to the FCRA. 101–510, as amended. The EA supplements the February 1998 EA for Council on Environmental Quality, the Copies of the FEIS have been Army has prepared an FEIS for the the Disposal and Reuse of the BRAC forwarded to the Environmental Disposal and Reuse of Fort Chaffee, parcels at SIAD. Protection Agency (EPA), other Federal, Arkansas. The approved 1995 base DATES: Submit comments on or before state and local agencies; public officials; closure and realignment actions November 22, 1999. and organizations and individuals who required by the Base Closure and previously provided substantive ADDRESSES: A copy of the EA or Realignment Act of 1990 (Pub. L. 101– comments to the DEIS. Copies of the inquiries into the FNSI may be obtained 510), and subsequent actions in FEIS are available for review at the by writing to Mr. Glen Coffee, U.S. compliance with this law, mandated the following libraries: Arkansas River Army Corps of Engineers, Mobile closure of Fort Chaffee. It is Department Valley Regional Library, 501 N Front District, ATTN: CESAM–PD–E, 109 St. of Defense (DoD) policy to dispose of Street, Dardanelle, Arkansas 72834; Joseph Street, Mobile, Alabama 36602. property no longer needed by DoD. Charleston Public Library, 510 Main FOR FURTHER INFORMATION CONTACT: Mr. Consequently, as a result of the Street, Charleston, Arkansas 72933; Glen Coffee by facsimile at (334) 690– mandated closure of Fort Chaffee, the Clarksville Public Library, 2 Taylor 2721. Army is disposing of excess property at Circle, Clarksville, Arkansas 72830; SUPPLEMENTARY INFORMATION: The Fort Chaffee. Franklin County Library, 407 W. proposed action is to dispose of SIAD’s DATES: The review period will end Market, Ozark, Arkansas 72949; Fort utility systems and the CDC (building December 6, 1999. Smith Public Library, 61 S 8th Street, P–172) by conveyance to the Lassen ADDRESSES: Questions and/or written Fort Smith, Arkansas 72901; Gattis— County Local Reuse Authority (LRA). comments regarding the FEIS, or a Logan County Library, 100 E. Academy, The Army proposes to dispose of SIAD’s request for a copy of the document may Paris, Arkansas 72855; Logan County utility systems for electrical power be directed to Mr. Jim Ellis, Little Rock Library, 419 N. Kennedy Street, distribution, potable water production, District, U.S. Army Corps of Engineers Booneville, Arkansas 72927, Sebastion treatment, and wastewater collection. (ATTN: CESWL–ET–WD), P.O. Box 867, County Library, 18 North Adair, The CDC lies within the Herlong Parcel. Little Rock, Arkansas 72203. Greenwood, Arkansas 72936; Van Buren The Herlong Parcel was addressed in FOR FURTHER INFORMATION CONTACT: Mr. Public Library, 111 N. 12th Street, Van the February 1998 EA as excess property Jim Ellis at (501) 324–5033 or by telefax Buren, Arkansas 72956; Yell County to be conveyed to the Lassen County at (501) 324–5605. Library, 902 Atlanta Street, Danville, LRA. The LRA may dispose of the SUPPLEMENTARY INFORMATION: The FEIS Arkansas 72833; and Little Rock utility systems to the Herlong Utilities analyzes three disposal alternatives: (1) District, Army Corps of Engineers, 700 Cooperative for operation and The no action alternative, which entails West Capitol, Little Rock, Arkansas maintenance and transfer the CDC to the maintaining the property in caretaker 72201. Comments on the FEIS will be Susanville Indian Rancheria. status after closure; (2) the encumbered used in preparing the record of Decision Alternatives examined in the disposal alternative, which entails for the Army action. Supplemental EA include conveyance, transferring the property to future Dated: November 1, 1999. long-term lease, and no action. Under owners with Army-imposed limitations, the conveyance alternative (preferred Raymond J. Fatz, or encumbrances, on the future use of alternative) the Army would transfer its the property; and (3) the unencumbered Deputy Assistant Secretary of the Army utility systems to the Lessen County (Environment, Safety and Occupational disposal alternative, which entails Health) OASA (I&E). LRA. The Army would retain ownership transferring the property to future and responsibility only for those utility [FR Doc. 99–28992 Filed 11–4–99; 8:45 am] owners with fewer or no Army-imposed components located within retained restrictions on the future use of the BILLING CODE 3710±08±M buildings and facilities, Under the long- property. The preferred action identified term lease alternative, the Army would in this FEIS is encumbered disposal of DEPARTMENT OF DEFENSE retain ownership of the utility systems, excess property at Fort Chaffee. Based but would transfer operation and upon the analysis contained in the FEIS, Department of the Army maintenance responsibilities to a private encumbrances and deed restrictions entity. The no action alternative would associated with the Army’s disposal Supplemental Environmental consist of the Army’s retention of all of actions for Fort Chaffee will be Assessment (EA) and Finding of No its excess property. mitigation measures. Significant Impact (FNSI) for the Based on the analysis of the EA, it has Planning for the reuse of the property Disposal of Utility Systems at Sierra been determined that implementation of to be disposed of is a secondary action Army Depot (SIAD), California the proposed action will have no resulting from closure. The local significant direct, indirect, or community has established the Fort AGENCY: Department of the Army, DoD. cumulative impacts on the quality of the
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.111 pfrm03 PsN: 05NON1 60430 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices natural or human environment. Because Room 6W252, 400 Maryland Avenue, National Commission on Mathematics no significant environmental impacts SW, Washington, DC 20202, telephone: and Science Teaching for the 21st will result from implementation of the (202) 260–8229, fax: (202) 260–7216. Century, 400 Maryland Avenue, SW, proposed action, an Environmental SUPPLEMENTARY INFORMATION: The Room 6W252 from the hours of 8:30 Impact Statement is not required and National Commission on Mathematics a.m. to 5:00 p.m. weekdays, except will not be prepared. and Science Teaching for the 21st Federal holidays. The Army will not initiate the Century was established by the Dated: October 27, 1999. proposed action for 15 days following Secretary of Education and is governed Marshall S. Smith, the completion of the EA and FNSI and by the provisions of the Federal publication of a public notice in a local Acting Deputy Secretary. Advisory Committee Act (FACA) (P.L. [FR Doc. 99–28839 Filed 11–4–99; 8:45 am] newspaper. This EA is available for 92–463, as amended; 5 U.S.C.A. BILLING CODE 4000±01±M review at the following repositories: Appendix 2). The Commission was Lassen Community College Library, established to address the pressing need Highway 139, P.O. Box 3000, to significantly raise student Susanville, CA 96130; Lassen County achievement in mathematics and DEPARTMENT OF ENERGY Public Works, 707 Nevada Street, Suite science by focusing on the quality of 2, Susanville, CA 96130; and the mathematics and science instruction in Draft Supplemental Environmental Washoe County Library, Downtown K–12 classrooms nationwide. The Impact Statement for the National Branch, 301 South Center Street, Reno Commission will develop a set of Ignition Facility Project Specific NV 89501. recommendations with a corresponding, Analysis Portion of the Stockpile Dated: November 1, 1999. multifaceted action strategy to improve Stewardship and Management Raymond J. Fatz, the quality of teaching in mathematics Programmatic Environmental Impact Deputy Assistant Secretary of the Army and science. Statement The meeting of the Commission is (Environment, Safety and Occupational AGENCY: Department of Energy. Health) OASA(I&E). open to the public. The proposed ACTION: Notice of Availability and [FR Doc. 99–28993 Filed 11–4–99; 8:45 am] agenda will focus on (1) What is known opportunity for public comment. BILLING CODE 3710±08±M about effective teaching that leads to high levels of mathematical and SUMMARY: The Department of Energy scientific understanding among all (DOE) announces the availability of the DEPARTMENT OF EDUCATION students, and (2) What it takes to enable Draft Supplemental Environmental teachers to teach in this way. The Impact Statement (SEIS) for the National National Commission on Mathematics proposed agenda will include both Ignition Facility(NIF) Project Specific and Science Teaching for the 21st plenary sessions and presentations. Analysis portion (Volume III, Appendix Century; Meeting Space may be limited and you are I) of the Stockpile Stewardship and encouraged to register if you plan to AGENCY: National Commission on Management Programmatic attend. You may register through the Environmental Impact Statement (SSM Mathematics and Science Teaching for Internet at [email protected] or the 21st Century, Department of l PEIS) DOE/EIS–0236–S1 for public Jamila [email protected]. Please include review and comment. Education. your name, title, affiliation, complete ACTION: Notice of meeting. address (including e-mail, if available), DATES: Written comments on the Draft telephone and fax numbers. If you are NIF SEIS are invited from the public SUMMARY: This notice sets forth the unable to register through the Internet, during the comment period which ends schedule and proposed agenda of a you may fax your registration December 20, 1999. Comments must be forthcoming meeting of the National information to The National postmarked by December 20, 1999, to Commission on Mathematics and Commission on Mathematics and ensure consideration; late comments Science Teaching for the 21st Century Science Teaching for the 21st Century at will be considered to the extent (Commission). This notice also (202) 260–7216 or mail to The National practicable. The DOE will use the describes the functions of the Commission on Mathematics and comments received to help prepare the Commission. Notice of this meeting is Science Teaching for the 21st Century, Final SEIS. required under Section 10(a)(2) of the US Department of Education, Room ADDRESSES: To submit comments in Federal Advisory Committee Act and is 6W252, 400 Maryland Avenue, SW, writing to DOE and for additional intended to notify the general public of Washington, DC 20202. The registration information contact: Richard Scott, their opportunity to attend. deadline is November 22, 1999. Any Document Manager, U.S. Department of DATE AND TIME: Monday, November 29, individual who will need Energy, L–293, P.O. Box 808, Livermore, 1999, from 3:30 to approximately 6:30 accommodations for a disability in order CA 94550. Mr. Scott may also be p.m. and Tuesday, November 30 from to attend the meeting (i.e., interpreting contacted by telephone (925) 423–3022, 8:30 a.m. to adjournment at services, assistive listening devices, facsimile (925) 424–3755, or toll-free: approximately 4:30 p.m. materials in alternative format) should (877) 388–4930. Comments may also be ADDRESS: The Washington Hilton and notify Jamila Rattler at (202) 260–8229 sent to the e-mail address Towers, International Ballroom West, by no later than November 17, 1999. We [email protected]. 1919 Connecticut Avenue, NW, will attempt to meet requests after this Requests for copies of the Draft NIF Washington, DC 20009, telephone: (202) date, but cannot guarantee availability SEIS should be addressed to the DOE 483–3000, fax: (202) 232–0438. of the requested accommodation. The Oakland Operations Office, Energy FOR FURTHER INFORMATION CONTACT: Dr. meeting site is accessible to individuals Information Center, 1st floor in the Linda P. Rosen, Executive Director, The with disabilities. North Tower of the Federal Building at National Commission on Mathematics Records will be kept of all 1301 Clay Street in Oakland, CA, (510) and Science Teaching for the 21st Commission proceedings, and will be 637–1762. The Draft NIF SEIS is Century, US Department of Education, available for public inspection at The available under the NEPA Analysis
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Module of the DOE NEPA Web Site at After the public comment period, SUPPLEMENTARY INFORMATION: This http://tis.eh.doe.gov/nepa/. which ends December 20, 1999, the Notice is published annually and FOR FURTHER INFORMATION CONTACT: For Department will consider and respond remains in effect until it is succeeded by general information on the DOE NEPA to the comments received, revise the another issuance by the Office of process, please contact: Ms. Carol M. Draft NIF SEIS as appropriate, and issue Science. This annual Notice 00–01 Borgstrom, Director, Office of NEPA a Final NIF SEIS. The Department will succeeds Notice 99–01 which was Policy and Assistance, EH–42, U.S. consider the analyses in the Final NIF published November 12, 1998. Department of Energy, 1000 SEIS in making a final Record of It is anticipated that approximately Independence Ave., SW, Washington, Decision. $400 million will be available for grant DC 20585. Ms. Borgstrom may be Issued in Washington, DC on October 25, and cooperative agreement awards in contacted by calling (202) 586–4600 or 1999. FY 2000. The DOE is under no by leaving a message at (800) 472–2756. Jonathan S. Ventura, obligation to pay for any costs associated with the preparation or SUPPLEMENTARY INFORMATION: The Draft Acting Executive Assistant, Office of Defense NIF SEIS was prepared pursuant to a Programs. submission of an application. DOE reserves the right to fund, in whole or Joint Stipulation and Order approved [FR Doc. 99–29016 Filed 11–4–99; 8:45 am] in part, any, all, or none of the and entered as an order of the U.S. BILLING CODE 6450±01±P District Court for the District of applications submitted in response to Columbia on October 27, 1997, in this Notice. partial settlement of the lawsuit, DEPARTMENT OF ENERGY In addition, the following program Natural Resources Defense Council descriptions are offered to provide more [NRDC] v. Richardson, Civ. No. 97–936 Office of Science; Continuation of in-depth information on scientific and (SS) (D.D.C.). In that Joint Stipulation Solicitation for the Office of Science technical areas of interest to the Office and Order, DOE agreed to prepare an Financial Assistance ProgramÐNotice of Science: SEIS evaluating the reasonably 00±01 1. Basic Energy Sciences foreseeable significant adverse AGENCY: U.S. Department of Energy. The Basic Energy Sciences (BES) environmental impacts of continuing to ACTION: Annual notice of continuation program supports fundamental research construct and of operating NIF at in the natural sciences and engineering Lawrence Livermore National of availability of grants and cooperative agreements. leading to new and improved energy Laboratory (LLNL) with respect to any technologies and to understanding and potential or confirmed contamination in SUMMARY: The Office of Science of the mitigating the environmental impacts of the area by hazardous, toxic, and/or Department of Energy hereby announces energy technologies. The science radioactive materials. its continuing interest in receiving grant divisions and their objectives are as Availability of Draft SEIS applications for support of work in the follows: DOE has distributed copies of the following program areas: Basic Energy (a) Materials Sciences Draft NIF SEIS to appropriate Sciences, High Energy Physics, Nuclear Physics, Computational and Technology The objective of this program is to Congressional members and increase the understanding of committees, the State of California, local Research, Fusion Energy Sciences, and Biological and Environmental Research. phenomena and properties important to governments, other federal agencies, materials behavior that will contribute and other interested parties. The Draft On September 3, 1992 (57 FR 40582), DOE published in the Federal Register to meeting the needs of present and NIF SEIS is also available for public future energy technologies. It is review and copying at the following the Office of Energy Research Financial Assistance Program (now called the comprised of the subfields metallurgy, locations: DOE Oakland Operations ceramics, condensed matter physics, Office, Energy Information Center, 1st Office of Science Financial Assistance Program), 10 CFR Part 605, Final Rule, materials chemistry, and related floor in the North Tower of the Federal disciplines where the emphasis is on Building at 1301 Clay Street in Oakland, which contained a solicitation for this program. Information about submission the science of materials. CA, (510) 637–1762; Lawrence Program Contact: (301) 903–3427. Livermore National Laboratory, East of applications, eligibility, limitations, Gate Visitors Center on Greenville Road evaluation and selection processes and (b) Chemical Sciences other policies and procedures are in Livermore CA, (925) 424–4026; and The objective of this program is to specified in 10 CFR Part 605. DOE’s Freedom of Information Reading expand, through support of basic Room, Rm. 1E–190, 1000 Independence DATES: Applications may be submitted research, knowledge of various areas of Avenue, SW, Washington, DC, (202) at any time in response to this Notice of chemistry, chemical engineering and 586–3142. Availability. atomic molecular and optical physics DOE will hold several public ADDRESSES: Applications must be sent with a goal of contributing to new or meetings to discuss the Draft NIF SEIS, to: Director, Grants and Contracts improved processes for developing and as well as for submitting prepared Division, Office of Science, SC–64, U.S. using domestic energy resources in an statements on the Draft NIF SEIS: Department of Energy, 19901 efficient and environmentally sound Wednesday, December 1, 1999, at 2:00 Germantown Road, Germantown, MD manner. Disciplinary areas where p.m. at the U.S. Department of Energy, 20874–1290. When preparing research is supported include atomic 1000 Independence Avenue, SW, Room applications, applicants should use the molecular and optical physics; physical, 6E–069, Washington, DC; and Office of Science Financial Assistance inorganic and organic chemistry; Wednesday, December 8, 1999, at 3:00 Program Application Guide and Forms chemical physics; photochemistry; p.m. and 6:30 p.m. at LLNL, 7000 East located on the World Wide Web at: radiation chemistry; analytical Avenue, Building 312, South Cafeteria http://www.sc.doe.gov/production/ chemistry; separations science; actinide Multi-Purpose Room, (located off East grants/grants.html. Applicants without chemistry; and chemical engineering Avenue at the intersection of South Gate Internet access may call 301–903–5212 sciences. Drive), Livermore CA. for information. Program Contact: (301) 903–5804.
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(c) Engineering Research emphasis. This office has special Applied Mathematics This program’s objectives are: (1) to requirements for the submission of Research on the underlying extend the body of knowledge preapplications, when to submit, and mathematical understanding and underlying current engineering practice the length of the applications. numerical algorithms to enable effective in order to open new ways for Applicants are encouraged to contact description and prediction of physical enhancing energy savings and the office regarding these requirements. systems such as fluids, magnetized production, prolonging useful Program Contact: (301) 903–2873. plasmas, or protein molecules. This equipment life, and reducing costs 2. High Energy and Nuclear Physics includes, for example, methods for while maintaining output performance, solving large systems of partial This program supports about 90% of differential equations on parallel and environmental quality; and (2) to the U.S. efforts in high energy and broaden the technical and conceptual computers, techniques for choosing nuclear physics. The objectives of these optimal values for parameters in large base for solving future engineering programs are indicated below: problems in the energy technologies. systems with hundreds to hundreds of Long-term research topics of current (a) High Energy Physics thousands of parameters, improving our understanding of fluid turbulence, and interest include: foundations of The primary objectives of this developing techniques for reliably bioprocessing of fuels and energy program are to understand the ultimate estimating the errors in simulations of related wastes, micro- and nano-scale structure of matter in terms of the complex physical phenomena. energy transport, fracture mechanics, properties and interrelations of its basic fundamental studies of multiphase constituents, and to understand the Computer Science flows and heat transfer, robotics and nature and relationships among the intelligent machines, nanotechnology, Research in computer science to fundamental forces of nature. The enable large scientific applications and diagnostics and control for plasma research falls into three broad through advances in massively parallel processing of materials. categories: experimental research, computing such as very lightweight Program Contact: (301) 903–5822. theoretical research, and technology operating systems for parallel (d) Geosciences R&D in support of the high energy computers, distributed computing such physics program. as development of the Parallel Virtual The goal of this program is to develop Program Contact: (301) 903–3624. a quantitative and predictive Machine (PVM) software package which understanding of geologic processes (b) Nuclear Physics (Including Nuclear has become an industry standard, and related to energy, and related to Data Program) large scale data management and environmental quality. The emphasis is visualization. The development of new The primary objectives of this computer and computational science on the upper levels of the earth’s crust program are an understanding of the techniques will allow scientists to use and the focus is on geophysics, interactions and structures of atomic the most advanced computers without geomechanics, hydrogeology and nuclei and nuclear matter at the most being overwhelmed by the complexity geochemistry of rock-fluid systems and elementary level possible, and an of rewriting their codes every 18 interactions emphasizing processes understanding of the fundamental forces months. taking place at the atomic and molecular of nature as manifested in nuclear scale. Specific topical areas receiving matter. Networking emphasis include: high resolution Program Contact: (301) 903–3613. Research in high performance geophysical imaging; rock physics, networks and information surety physics of fluid transport, and 3. Computational and Technology Research required to support high performance fundamental properties and interactions applications—protocols for high of rocks, minerals, and fluids. The This program fosters and supports performance networks, methods for resulting improved understanding and fundamental research in advanced measuring the performance of high knowledge base will form the computing research (applied performance networks, and software to foundation for utilization of the Nation’s mathematics, computer science and enable high speed connections between energy resources in an environmentally networking), and operates high performance computers and acceptable fashion. supercomputer, networking, and related networks. The development of high Program Contact: (301) 903–5822. facilities to enable the analysis, speed communications and modeling, simulation, and prediction of (e) Energy Biosciences collaboration technologies will allow complex phenomena important to the scientists to view, compare, and The primary objective of this program Department of Energy. integrate data from multiple sources is to generate the fundamental (a) Mathematical, Information, and remotely. understanding of biological mechanisms Program Contact: (301) 903–5800. in the areas of botanical and Computational Sciences microbiological sciences that will This subprogram supports a spectrum 4. Fusion Energy Sciences support biotechnological developments of fundamental research in applied The mission of the Fusion Energy related to DOE’s mission. The research mathematical sciences, computer Sciences program is to advance plasma serves as the basic information science, and networking from basic science, fusion science, and fusion foundation with respect to an through prototype development. Results technology—the knowledge base needed environmentally responsible renewable of these efforts are used to form for an economically and resource production for fuels and partnerships with users in scientific environmentally attractive fusion energy chemicals, microbial conversions of disciplines to validate the usefulness of source. This program is supported by renewable materials and biological the ideas and to develop them into the Office of Fusion Energy Sciences systems for the conservation of energy. tools. Testbeds on important (OFES), which fosters both applied and Research focusing on the fundamental applications for DOE are supported by basic research and emphasizes mechanistic biosciences underlying this subprogram. Areas of particular international collaboration to carbon management is a particular focus are: accomplish this mission.
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(a) Research Division access to experimental conditions not (b) Medical Applications and This Division seeks to develop the available domestically, and (4) explore Measurement Science physics knowledge base needed to the science underlying these The research is designed to develop advance the Fusion Energy Sciences technological advances. beneficial applications of nuclear and program toward its goals. Research into The enabling technologies program other energy-related technologies for physics issues associated with medium supports pursuit of fusion energy medical diagnosis and treatment. The to large scale confinement devices is science for the longer-term by research is directed at discovering new essential to studying conditions relevant conducting research aimed at innovative applications of radiotracer agents for to the production of fusion energy. technologies, designs and materials to medical research as well as for clinical Experiments on these scale of devices point toward an attractive fusion energy diagnosis and therapy. A major are used to explore the limits of specific vision and affordable pathways for emphasis is placed on application of the confinement concepts, as well as study optimized fusion development. latest concepts and developments in associated physical phenomena. Program Contact: (301) 903–306. genomics, structural biology, Specific areas of interest include: (1) computational biology, and The production of increased plasma 5. Biological and Environmental instrumentation. Much of the research densities and temperatures, (2) the Research Program seeks breakthroughs in noninvasive understanding of the physical laws For over 50 years the Biological and imaging technologies such as positron governing plasma energy of high plasma Environmental Research (BER) Program emission tomography. The measurement pressure, (3) the investigation of plasma has been investing to advance science activities focus on research in interaction with radio frequency waves, environmental and biomedical the basic science of chemistry, physics and (4) the study and control of particle knowledge connected to energy. The and engineering as applied to transport and exhaust in plasmas. BER program provides fundamental bioengineering. Research is also carried out in the science to underpin the business thrusts Program Contact: (301) 903–3213. following areas: (1) Basic plasma of the Department’s strategic plan. (c) Environmental Remediation science research directed at furthering Through its support of peer-reviewed the understanding of fundamental research at national laboratories, The research is primarily focused on processes in plasmas; (2) improving the universities, and private institutions, the fundamental biological, chemical, theoretical understanding of fusion the program develops the knowledge geological, and physical processes that plasmas necessary for interpreting needed to identify, understand, and must be understood for the development results from present experiments and anticipate the long-term health and and advancement of new, effective, and the planning and design of future environmental consequences of energy efficient processes for the remediation confinement devices, (3) obtaining the production, development, and use. and restoration of the Nation’s nuclear critical data on plasma properties, weapons production sites. Priorities of atomic physics and new diagnostic (a) Life Sciences Research this research are bioremediation and techniques for support of confinement operation of the William R. Wiley experiments, (4) supporting exploratory Research is focused on utilizing Environmental Molecular Sciences research on innovative confinement unique DOE resources and facilities to Laboratory (EMSL). Bioremediation concepts, and (5) carrying out research develop fundamental biological activities are centered on the Natural on issues that support the development information and advanced technologies and Accelerated Bioremediation of Inertial Fusion Energy, for which for understanding and mitigating the Research (NABIR) program, a basic target development is carried out by the potential health effects of energy research program focused on Department of Energy’s Defense development, energy use, and waste determining the conditions under which Programs. cleanup. The objectives are: (1) To bioremediation will be a reliable, Program Contact: (301) 903–4095. create and apply new technologies and efficient, and cost-effective technique. resources in mapping, sequencing, and This subprogram also includes basic (b) Facilities and Enabling Technologies information management for research in support of pollution Division characterizing the molecular nature of prevention, sustainable technology This Division is responsible for the human genome; (2) to develop and development and other fundamental overseeing the facility operations and support DOE national user facilities for research to address problems of enabling research and development use in fundamental structural biology; environmental contamination. activity budgets within the OFES. Grant (3) to use model organisms to Program Contact: (301) 903–3281. program opportunities are in the understand human genome enabling research and development organization, human gene function and (d) Environmental Processes activity. (Grants for scientific use of the control, and the functional relationships The program seeks to understand the facilities operated/maintained by this between human genes and proteins; (4) basic chemical, physical, and biological Division should be addressed to the to characterize and exploit the genomes processes of the Earth’s atmosphere, Research Division.) The enabling and diversity of microbes with potential land, and oceans and how these technologies program supports the relevance for energy, bioremediation, or processes may be affected by energy advancement of fusion science in the global climate; (5) to understand and production and use. The research is nearer-term by carrying out research on characterize the risks to human health designed to provide the data that will technological topics that: (1) Enable from exposures to low levels of enable an objective assessment of the domestic experiments to achieve their radiation and chemicals; (6) to develop potential for, and consequences of, full performance potential and scientific novel technologies for high throughput global warming. The program is research goals, (2) permit scientific determination of protein structure; and comprehensive with an emphasis on exploitation of the performance gains (7) to anticipate and address ethical, understanding the radiation balance being sought from physics concept legal, and social implications arising from the surface of the Earth to the top improvements, (3) allow the US to enter from genome research. of the atmosphere (including the role of into international collaborations gaining Program Contact: (301) 903–5468. clouds) and on enhancing the
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App. 2 § 10(a)(2) requires that for visitor passes to the Forrestal atmospheric carbon dioxide in public notice of these meetings be Building. announced in the Federal Register. terrestrial systems and the ocean. The Any member of the public who CCTI includes research to identify and DATES: Tuesday, November 30, 1999, wishes to make an oral statement understand the environmental and 9:00 a.m. to 5:00 p.m.; Wednesday, pertaining to agenda items should biological factors or processes that limit December 1, 1999, 9:00 a.m. to 5:00 contact Leslie Pitts at the phone number the sequestration of carbon in these p.m.; and Thursday, December 2, 1999, given above. Requests must be received systems, and to develop approaches for 9:00 a.m. to 12:00 noon. before 3:00 p.m. (e.s.t.) Wednesday, overcoming such limitations to enhance ADDRESSES: Department of Energy, November 24, 1999. Reasonable sequestration. The research includes Room 4A104, Forrestal Building, 1000 provisions will be made to include the studies on terrestrial and ocean carbon Independence Avenue, SW, Washington presentation during the public comment sequestration, including the role of D.C. 20585. period. It is requested that oral marine microorganisms and other types Note: Members of the public are requested presenters provide 25 copies of their of terrestrial ecosystems. to contact Leslie Pitts at (202) 586–7994, in statements at the time of their Program Contact: (301) 903–3281. advance of the meeting (if possible), to presentations. 6. Experimental Program to Stimulate expedite their entry to the Forrestal Building Written statements pertaining to Competitive Research (EPSCoR) on the day of the public meeting. agenda items may also be submitted The objective of the EPSCoR program FOR FURTHER INFORMATION CONTACT: Mr. prior to the meeting. Written statements is to enhance the capabilities of EPSCoR Robert Waldron (202–586–2400), must be received by the Designated states to conduct nationally competitive Designated Federal Officer, Office of Federal Officer at the address shown energy-related research and to develop Nonproliferation Research and above before 3:00 p.m. (e.s.t.) science and engineering manpower to Engineering (NN–20), Office of Wednesday, November 24, 1999 to meet current and future needs in Nonproliferation and National Security, assure that they are considered by the energy-related fields. This program 1000 Independence Avenue, SW, Committee members during the addresses research needs across all of Washington, D.C. 20585. meeting. the Department of Energy research SUPPLEMENTARY INFORMATION: The Closed Meeting: In the interest of interests. Research supported by the purpose of the Committee: To provide national security, after the public EPSCoR program is concerned with the the Secretary of Energy and the meeting on the morning of November same broad research areas addressed by Assistant Secretary for Nonproliferation 30, 1999, the remainder of the meeting the Office of Science programs that are and National Security with advice, will be closed to the public, pursuant to described above. The EPSCoR program information, and recommendations on the Federal Advisory Committee Act, 5 is restricted to applications which national research needs and priorities. U.S.C. App. 2 § 10 (d), and the Federal originate in eighteen states (Alabama, Purpose of the Meeting: To discuss the Advisory Committee Management Arkansas, Idaho, Kansas, Kentucky, nonproliferation and national security regulation, 41 C.F.R. § 101–6.1023, Louisiana, Maine, Mississippi, Montana, research, development, and policy ‘‘Procedures for Closing an Advisory Nebraska, Nevada, North Dakota, programs. Committee Meeting’’, which incorporate Oklahoma, South Carolina, South Tentative Agenda by reference the Government in Dakota, Vermont, West Virginia, and Sunshine Act, 5 U.S.C. § 552b, which, at Wyoming) and the commonwealth of Tuesday, November 30, 1999 §§ 552b(c)(1) and (c)(3) permits closure Puerto Rico. It is anticipated that only 9:00 a.m.–11:00 a.m. Introduction of the of meetings where restricted data or a limited number of new competitive members of the Committee. other classified matters are discussed. research grants will be awarded under Discussion of the role of DOE Minutes: Minutes of the open portion this program due to prior commitments advisory committees in general and of the meeting will be available for to ongoing EPSCoR grant projects. this Committee in particular. public review and copying Program Contact: (301) 903–3427. 11:00 a.m.–12:00 p.m. Public comment approximately 30 days following the Issued in Washington, DC on October 18, period (oral presentations are limited meeting at the Freedom of Information 1999. to 10 minutes). Public Reading Room, Room 1E–190, U.S. Department of Energy, 1000 John Rodney Clark, Tuesday, November 30, 1999 Associate Director of Science for Resource Independence Avenue, SW, Management. 1:00 p.m.–5:00 p.m. Closed Meeting Washington, D.C. 20585 between the [FR Doc. 99–29018 Filed 11–4–99; 8:45 am] Wednesday, December 1, 1999 hours of 9:00 a.m. and 4:00 p.m., BILLING CODE 6450±01±P Monday through Friday, except Federal 9:00 p.m.–12:00 p.m. Closed Meeting Holidays. 12:00 p.m.–1:00 p.m. Working Lunch 1:00 p.m.–5:00 p.m. Closed Meeting Issued at Washington, D.C. on October 29, DEPARTMENT OF ENERGY 1999 Thursday, December 2, 1999 Rachel M. Samuel, Office of Nonproliferation and National 9:00 a.m.–12:00 p.m. Closed Meeting Deputy Advisory Committee, Management Security, Nonproliferation and National Officer Security Advisory Committee Public Participation: The meeting on the morning of November 30, 1999, is [FR Doc. 99–29020 Filed 11–4–99; 8:45 am] AGENCY: Department of Energy. open to the public. The Chairman of the BILLING CODE 6450±01±P
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DEPARTMENT OF ENERGY fashion that will facilitate the orderly Initiative following President Clinton’s conduct of business. U.S.-Africa Partnership to promote Nuclear Energy Research Advisory Minutes: The minutes of this meeting democracy, good governance, human Committee will be available for public review and rights, trade and investment, and global copying at the Freedom of Information integration. AGENCY: Department of Energy. Reading Room. 1E–190, Forrestal ACTION: Notice of Open Meeting. Issued in Washington, D.C. on November 1, Building, 1000 Independence Avenue, 1999. SUMMARY: This notice announces a S.W., Washington, D.C., between 9 a.m. David L. Goldwyn, meeting of the Nuclear Energy Research and 4 p.m., Monday through Friday, Assistant Secretary for International Affairs. except holidays. Advisory Committee. The Federal [FR Doc. 99–29017 Filed 11–4–99; 8:45 am] Advisory Committee Act (Pub. L. No. Issued in Washington, D.C. on November 1, BILLING CODE 6450±01±P 92–463, 86 Stat. 770), requires that 1999. public notice of the meetings be Rachel M. Samuel, announced in the Federal Register. Deputy Advisory Committee Management DEPARTMENT OF ENERGY DATES: Monday, December 6 1999, 10:30 Officer. a.m. to 5:30 p.m.; and Tuesday, [FR Doc. 99–29019 Filed 11–4–99; 8:45 am] Federal Energy Regulatory December 7, 1999 8:00 a.m. to 12:30 BILLING CODE 6450±01±P Commission p.m. [Docket No. RP98±117±008] ADDRESSES: Hyatt Regency Crystal City 2799 Jefferson Davis Highway DEPARTMENT OF ENERGY K N Interstate Gas Transmission Co., Arlington, VA 22202. Notice of Proposed Changes in FERC Office of International Affairs; U.S.- Gas Tariff FOR FURTHER INFORMATION CONTACT: Dr. Africa Energy Ministers Conference Norton Haberman, Designated Federal November 1, 1999. AGENCY: Officer, Nuclear Energy Research Department of Energy. Take notice that on October 21, 1999, Advisory Committee, U.S. Department ACTION: Notice of upcoming conference. K N Interstate Gas Transmission Co. of Energy, NE–1, 1000 Independence (KNI), requested that the Commission SUMMARY: The U.S. Department of Avenue, S.W. Washington DC 20585, reconsider, or in the alternative, grant Energy and the City of Tucson, Arizona Telephone Number 202.586.0136, E- rehearing of its October 6 Letter Order, will co-sponsor the U.S.-Africa Energy mail: [email protected]. and filed tariff sheets to its FERC Gas Ministers Conference: A Partnership for SUPPLEMENTARY INFORMATION: Tariff, Third Revised Volume No. 1–A the 21st Century, in Tucson, Arizona. Purpose of the Meeting: To provide and First Revised Volume No. 1–C, set The focus of the three-day Conference advice to the Director of the Office of out below. However, KNI has also will be in the creation of a positive Nuclear Energy, Science and requested reconsideration or rehearing environment for investment in Africa’s Technology (NE) of the Department of of the October 6, 1999 Letter Order energy infrastructure, creating new Energy on the many complex planning, mandating this filing. markets for oil and gas development and scientific and technical issues that arise The following tariff sheets to become promoting technologies that will foster in the development and implementation effective August 1, 1998: of the Nuclear Energy research program. economic development and engineering growth in a way which protects Africa’s Third Revised Volume No. 1–A Tentative Agenda environment for the 21st century. Fourth Sub. Second Revised Sheet No. 4A Monday, December 6, 1999 DATES: The three-day conference will be Fourth Sub. Second Revised Sheet No. 4C held from December 13–15, 1999. Fourth Sub. Fifth Revised Sheet No. 4D Welcome remarks Attendees: Approximately 600 Nuclear Energy Research Initiatives The following tariff sheets to become participants are expected to attend the DOE Laboratory Update effective January 1, 1999: event, including African energy Report of NERAC Subcommittees Third Revised Volume No. 1–A Accelerator Transmutation of Waste ministers, international organizations, private sector representatives, regional Third Sub. Sixth Revised Sheet No. 4D Tuesday, December 7, 1999 African organizations and academic The following tariff sheets to become Report of NERAC Subcommittees institutions. effective June 1, 1999: New NERAC Study Panels FOR FURTHER INFORMATION CONTACT: For Third Revised Volume No. 1–A further information and to register on Public comment period Second Sub. Third Revised Sheet No. 4A Public Participation: The day and a line, please visit our website on Second Sub. Third Revised Sheet No. 4C half meeting is open to the public on a www.africaenergy.org. You may also Second Sub. Seventh Revised Sheet No. 4D first-come, first-serve basis because of contact Soma Martin, a representative First Revised Volume No. 1–C limited seating. Written statements may with SOBRAN Inc., on 703–352–9511, be filed with the committee before or for further information regarding the Second Sub. Twelfth Revised Sheet No. 4 after the meeting. Members of the public conference. For inquiries regarding KNI has served copies of this filing who wish to make oral statements exhibits for industry displays, please upon all jurisdictional customers, pertaining to agenda items should contact Mary Okoye in Tucson, Arizona interested State Commissions, and other contact Norton Haberman at the address by telephone on 520–791–4204, or by interested parties. or telephone listed above. Requests to email at [email protected]. Any person desiring to protest this make oral statements must be made and SUPPLEMENTARY INFORMATION: The filing should file a protest with the received five days prior to the meeting; meeting will be the first continent-wide Federal Energy Regulatory Commission, reasonable provision will be made to gathering of Africa energy ministers. 888 First Street, NE., Washington, DC include the statement in the agenda. Initial plans for the conference were 20426, in accordance with Section The Chair of the committee is announced in April as part of Secretary 385.211 of the Commission’s Rules and empowered to conduct the meeting in a of Energy Richardson’s Africa Energy Regulations. All such protests must be
VerDate 29-OCT-99 18:02 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.XXX pfrm03 PsN: 05NON1 60436 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices filed as provided in Section 154.210 of Regulations. All such protests must be 20426, in accordance with Section the Commission’s Regulations. Protests filed as provided in Section 154.210 of 385.211 of the Commission’s Rules and will be considered by the Commission the Commission’s Regulations. Protests Regulations. All such protests must be in determining the appropriate action to will be considered by the Commission filed as provided in Section 154.210 of be taken, but will not serve to make in determining the appropriate action to the Commission’s Regulations. Protests protestants parties to the proceedings. be taken, but will not serve to make will be considered by the Commission Copies of this filing are on file with the protestants parties to the proceedings. in determining the appropriate action to Commission and are available for public Copies of this filing are on file with the be taken, but will not serve to make inspection in the Public Reference Commission and are available for public protestants parties to the proceedings. Room. This filing may be viewed on the inspection in the Public Reference Copies of this filing are on file with the web at http://www.ferc.fed.us/online/ Room. This filing may be viewed on the Commission and are available for public rims.htm (call 202–208–2222) for web at http://www.ferc.fed.us/online/ inspection in the Public Reference assistance). rims.htm (call 202–208–2222 for Room. This filing may be riewed on the David P. Boergers, assistance). web at http://www.ferc.fed.us/online/ Secretary. David P. Boergers, rims.htm (call 202–208–2222 for [FR Doc. 99–28977 Filed 11–4–99; 8:45 am] Secretary. assistance). BILLING CODE 6717±01±M [FR Doc. 99–28976 Filed 11–4–99; 8:45 am] David P. Boergers, BILLING CODE 6717±01±M Secretary. [FR Doc. 99–28978 Filed 11–4–99 8:45 am] DEPARTMENT OF ENERGY BILLING CODE 6717±01±M DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Federal Energy Regulatory DEPARTMENT OF ENERGY Commission [Docket No. RP96±331±011] Federal Energy Regulatory [Docket No. RP00±24±001] National Fuel Gas Supply Corporation; Commission Notice of Proposed Changes in FERC Transcontinental Gas Pipe Line [Docket No. ER94±1384±026, et al.] Gas Tariff Corporation; Notice of Filing Morgan Stanley Capital Group, et al.; November 1, 1999. November 1, 1999. Electric Rate and Corporate Regulation Take notice that on October 21, 1999, Take notice that Transcontinental Gas Filings National Fuel Gas Supply Corporation Pipe Line Corporation (Transco) (National Fuel), tendered for filing as tendered for filing in the referenced October 29, 1999. part of its FERC Gas Tariff, Fourth docket on October 21, 1999 a revised Take notice that the following filings Revised Volume No. 1, Original Sheet tariff sheet to its FERC Gas Tariff, Third have been made with the Commission: No. 13, with a proposed effective date Revised Volume No. 1. The effective 1. Morgan Stanley Capital Group, Inc., of November 1, 1999. date for the revised tariff sheet is Niagara Mohawk Energy Marketing, National Fuel states that the filing is December 1, 1999. made to implement firm storage Transco states that its Cash Out Inc. and North American Energy agreements between National Fuel and Modification filing of October 13, 1999 Conservation, Inc. National Fuel Resources, Inc. (NFR), in Docket No. RP00–24 (October 13 [Docket Nos. ER94–1384–026, ER96–2525– TXU Energy Trading Company (TXU), Filing) inadvertently left out part of a 013 and ER94–152–023] and Engage U.S., L.P. (Engage). National phrase in the General Terms and Take notice that on October 26, 1999, Fuel states that each of these agreements Conditions Section 37.1(b) that the above-mentioned power marketers provides for negotiated rates pursuant to describes how the imbalance percentage filed quarterly reports with the GT&C Section 17.2 of National Fuel’s for a shipper is calculated. The Commission in the above-mentioned tariff and the Commission’s policy imbalance percentage calculation proceedings for information only. regarding negotiated rates. National Fuel process is currently in Transco’s tariff 2. Exact Power Co., Inc. states that under its agreements with and not among the cash out provisions NFR, TXU and Engage, firm storage that Transco proposes to modify in its [Docket No. ER97–382–011] service would be provided under its October 13 filing. The purpose of the Take notice that on October 27, 1999, FSS Rate Schedule at a formula rate filing is to supplement the October 13 Exact Power Co. filed its quarterly based upon the difference between the Filing to reflect the correct imbalance report for the quarter ending September price of gas at Niagara, as published by percentage calculation. 30, 1999 for information only. In accordance with the provisions of Gas Daily, applicable at the time of 3. PECO Energy Company injection, and such price applicable at Section 154.2(d) of the Commission’s the time of withdrawal. The specific Regulations, copies of this filing are [Docket No. ER00–229–000] formula is set forth in the amendments available for public inspection, during Take notice that on October 26, 1999, to the agreements, which accompany regular business hours, in a convenient PECO Energy Company filed their National Fuel’s tariff filing. form and place at Transco’s main office quarterly report for the quarter ending National Fuel states that copies of this at 2800 Post Oak Boulevard in Houston, September 30, 1999. filing were served upon its customers Texas. In addition, Transco is serving Comment date: November 15, 1999, in and interested state commissions. copies of the instant filing to its affected accordance with Standard Paragraph E Any person desiring to protest this customers and interested State at the end of this notice. filing should file a protest with the Commissions. 4. ISO New England Inc. Federal Energy Regulatory Commission, Any person desiring to protest this 888 First Street, NE, Washington, DC filing should file a protest with the [Docket No. ER00–244–000] 20426, in accordance with Section Federal Energy Regulatory Commission, Take notice that on October 27, 1999, 385.211 of the Commission’s Rules and 888 First Street, NE, Washington, DC ISO New England Inc. filed their
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.032 pfrm03 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60437 quarterly report for the quarter ending 9. Consolidated Edison Company of 12. Maine Public Service Company September 30, 1999. New York, Inc., and Orange and [Docket No. ER00–206–000] Rockland Utilities, Inc. Comment date: November 16, 1999, in Take notice that on October 25, 1999, accordance with Standard Paragraph E [Docket No. ER98–4510–002] Maine Public Service Company (Maine at the end of this notice. Take notice that on October 26, 1999, Public), tendered for filing an executed 5. Louisville Gas and Electric Company, Consolidated Edison Company of New Service Agreement for non-firm point- Cadillac Renewable Energy LLC and York, Inc. (Con Edison) and Orange and to-point transmission service under Indeck-Olean Limited Partnership Rockland Utilities, Inc., and it Maine Public’s open access transmission tariff with WPS Energy [Docket Nos. ER00–249–000, ER00–250–000 jurisdictional subsidiaries (O&R), and ER00–251–000] tendered for filing a letter requesting Services Inc. that the effective date of the revised Comment date: November 12, 1999, in Take notice that on October 26, 1999, tariff sheets, which were filed on August accordance with Standard Paragraph E the above-mentioned affiliated power 9, 1999, amending the Consolidated at the end of this notice. producers and/or public utilities filed Edison Operating Companies FERC their quarterly reports for the quarter 13. Consolidated Edison Company of Electric Tariff Original Volume No. 1 New York, Inc. ending September 30, 1999. (Joint OATT), be deferred to December Comment date: November 15, 1999, in 1, 1999. [Docket No. ER00–211–000] accordance with Standard Paragraph E The proposed tariff sheets were filed Take notice that on October 25, 1999, at the end of this notice. in compliance with the requirement of Consolidated Edison Company of New 6. DTE-CoEnergy, L.L.C. the January 27, 1999 order in this York, Inc. (Con Edison), tendered for proceeding (86 FERC ¶61,063) that Con filing a Supplement to its Rate Schedule [Docket No. EC00–14–000] Edison and O&R establish rates to apply FERC No. 117, an agreement to provide Take notice that on October 25, 1999, under the Joint OATT in the event that interconnection and transmission DTE-CoEnergy, L.L.C., tendered for the New York Independent System service to Keyspan/Long Island Power filing an application for authorization to Operator (NYISO) was not operational Authority (Keyspan). The Supplement transfer a master sales agreement by the date of the Con Edison and O&R provides for a decrease in the annual between itself and Green Mountain merger. fixed rate carrying charges. Con Edison has requested that this Energy Resources, L.L.C., to DTE Energy In anticipation of a commencement of decrease take effect as of September 1, Trading, Inc. NYISO operations on November 11, 1999. Comment date: November 24, 1999, in 1999, Con Edison and O&R propose to Con Edison states a copy of this filing accordance with Standard Paragraph E defer the effective date of the Joint has been served by mail upon Keyspan. at the end of this notice. OATT rates. Comment date: November 12, 1999, in 7. Carolina Power & Light Company Comment date: November 15, 1999, in accordance with Standard Paragraph E accordance with Standard Paragraph E [Docket No. EC00–15–000] at the end of this notice. at the end of this notice. Take notice that on October 26, 1999, 14. Consolidated Edison Company of Carolina Power & Light Company 10. Puget Sound Energy, Inc. New York, Inc. (CP&L), tendered for filing an [Docket No. ER00–204–000] [Docket No. ER00–212–000] application pursuant to Section 203 of Take notice that on October 25, 1999, Take notice that on October 25, 1999, the Federal Power Act for authorization Puget Sound Energy, Inc. (PSE), Consolidated Edison Company of New to implement a corporate reorganization tendered for filing a Service Agreement York, Inc. (Con Edison), tendered for involving the creation of a new holding under the provisions of PSE’s market- filing a Supplement to its Rate company to be known as CP&L based rates tariff, FERC Electric Tariff, Schedule, Con Edison Rate Schedule Holdings, Inc., that will hold the First Revised Volume No. 8, with FERC No. 130, a facilities agreement common stock of CP&L. Dynegy Power Marketing, Inc. (DPMI). with the New York Power Authority Comment date: November 26, 1999, in A copy of the filing was served upon (NYPA). accordance with Standard Paragraph E DPMI. Con Edison has requested that the at the end of this notice. Comment date: November 12, 1999, in Supplement take effect as of July 1, 8. Cherokee County Cogeneration accordance with Standard Paragraph E 1999. Partners, L.P. v. Duke Electric at the end of this notice. Con Edison states that a copy of this Transmission, a Division of Duke filing has been served by mail upon Energy Corporation 11. Puget Sound Energy, Inc. NYPA. Comment date: November 12, 1999, in [Docket No. EL00–9–000] [Docket No. ER00–205–000] accordance with Standard Paragraph E Take notice that on October 27, 1999, Take notice that on October 25, 1999, at the end of this notice. Cherokee County Cogeneration Partners, Puget Sound Energy, Inc. (PSE), L.P., tendered for filing a complaint tendered for filing a Service Agreement 15. Puget Sound Energy, Inc. against Duke Electric Transmission, a under the provisions of PSE’s market- [Docket No. ER00–216–000] based rates tariff, FERC Electric Tariff, division of Duke Energy Corporation, Take notice that on October 25, 1999, First Revised Volume No. 8, with alleging violations of the Federal Power Puget Sound Energy, Inc. (PSE), Reliant Energy Services, Inc. (Reliant). Act and the Commission’s Regulations. tendered for filing a Notice of Comment date: November 16, 1999, in A copy of the filing was served upon Cancellation of a Service Agreement accordance with Standard Paragraph E Reliant. filed under the provisions of PSE’s at the end of this notice. Answers to the Comment date: November 12, 1999, in market-based rates tariff, FERC Electric Complaint shall also be due on or before accordance with Standard Paragraph E Tariff, First Revised Volume No. 8, with November 16, 1999. at the end of this notice. Dynegy Marketing and Trade (Dynegy).
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PSE states that a copy of the filing was (WPSC), tendered for filing an executed Inc. (Seminole) filed standards of served upon Dynegy Marketing and Service Agreement with InPOwer conduct under Order Nos. 889 et seq. 1 Trade. Marketing Corp., providing for Seminole states that it has served a Comment date: November 12, 1999, in transmission service under FERC copy of its standards of conduct filing accordance with Standard Paragraph E Electric Tariff, Volume No. 1. on all parties listed on the service list at the end of this notice. Comment date: November 15, 1999, in in this proceeding. accordance with Standard Paragraph E Comment date: November 15, 1999, in 16. Puget Sound Energy, Inc. at the end of this notice. accordance with Standard Paragraph E [Docket No. ER00–217–000] at the end of this notice. 20. Florida Power Corporation Take notice that on October 25, 1999, 24. Louisville Gas and Electric Puget Sound Energy, Inc. (PSE), [Docket No. ER00–230–000] Company/Kentucky Utilities Company tendered for filing a Notice of Take notice that on October 26, 1999, Cancellation of a Service Agreement Florida Power Corporation (Florida [Docket No. ER00–209–000] filed under the provisions of PSE’s Power), tendered for filing a service Take notice that on October 25, 1999, market-based rates tariff, FERC Electric agreement and a network operating Louisville Gas Electric Company Tariff, First Revised Volume No. 8, with agreement providing for network (LG&E)/Kentucky Utilities (KU) NorAm Energy Services, Inc., (NorAm). contract demand transmission service (Companies), tendered for filing and PSE states that a copy of this filing by Florida Power to the City of executed unilateral Service Agreement was served upon Reliant Energy Tallahassee (Tallahassee) pursuant to its between the Companies and Southeast Services, Inc., (formerly known as open access transmission tariff. Power Administration under the NorAm). Florida Power requests that the Companies Rate Schedule MBSS. Comment date: November 12, 1999, in Commission waive its notice of filing Comment date: November 12, 1999, in accordance with Standard Paragraph E requirements and allow the agreements accordance with Standard Paragraph E at the end of this notice. at the end of this notice. to become effective on October 27, 1999. Comment date: November 15, 1999, in 25. White River Electric Association 17. Puget Sound Energy, Inc. accordance with Standard Paragraph E Incorporated [Docket No. ER00–218–000] at the end of this notice. [Docket No. ER00–208–000] Take notice that on October 25, 1999, 21. Wisconsin Public Service Take notice that on October 25, 1999, Puget Sound Energy, Inc. (PSE), Corporation White River Electric Association tendered for filing a Notice of [Docket No. ER00–231–000] Incorporated (White River), tendered for Cancellation of a Service Agreement filing its Letter of Agreement for Sale filed under the provisions of PSE’s Take notice that on October 26, 1999, and Transmission of Emergency Power market-based rates tariff, FERC Electric Wisconsin Public Service Corporation Between White River Electric Tariff, First Revised Volume No. 8, with (WPSC), tendered for filing an executed Association Incorporated and Yampa Pacific Gas & Electric Company (PG&E). Service Agreement with InPOwer Valley Electric Association, Inc. (YVEA PSE states that a copy of the filing was Marketing Corp., providing for Agreement) and Agreement to Allow served upon PG&E. transmission service under FERC Coordination Transactions Regarding Comment date: November 12, 1999, in Electric Tariff, Volume No. 1. Transfer of C-a Transmission Line and accordance with Standard Paragraph E Comment date: November 15, 1999, in Substation Between Moon Lake Electric at the end of this notice. accordance with Standard Paragraph E Association, Inc., and White River at the end of this notice. 18. Consolidated Edison Company of Electric Association, Inc. (Moon Lake New York, Inc. 22. Consolidated Edison Company of Agreement) pursuant to § 205 of the New York, Inc. Federal Power Act (FPA), 16 U.S.C. [Docket No. ER00–227–000] 824d, and 35.12 of the Regulations of Take notice that on October 26, 1999, [Docket No. ER00–226–000] the Federal Energy Regulatory Consolidated Edison Company of New Take notice that on October 26, 1999, Commission (Commission), 18 CFR York, Inc. (Con Edison), tendered for Consolidated Edison Company of New 35.12. White River’s filing is available filing, a Supplement to its Rate York, Inc. (Con Edison), tendered for for public inspection at its offices in Schedule, Con Edison Rate Schedule filing a Supplement to its Rate Meeker, Colorado. FERC No. 123, a facilities agreement Schedule, Con Edison Rate Schedule White River requests that the with Central Hudson Gas and Electric FERC No. 2, a facilities agreement with Commission accept the agreements with Corporation (CH). The Supplement Central Hudson Gas and Electric an effective date of October 26, 1999. provides for a decrease in the monthly Corporation (CH). The Supplement Comment date: November 12, 1999, in carrying charges. provides for a decrease in the monthly accordance with Standard Paragraph E Con Edison has requested that this carrying charges. at the end of this notice. decrease take effect as of August 1, Con Edison has requested that this 1999. decrease take effect as of October 1, Standard Paragraphs Con Edison states that a copy of this 1999. E. Any person desiring to be heard or filing has been served by mail upon CH. Con Edison states that a copy of this to protest such filing should file a Comment date: November 15, 1999, in filing has been served by mail upon CH. accordance with Standrd paragraph E at Comment date: November 15, 1999, in 1 Open Access Same-time Information System the end of this notice. accordance with Standard Paragraph E (Formerly Real-Time Information network) and Standards of Conduct, 61 FR 21737 (May 10, 1996), at the end of this notice. 19. Wisconsin Public Service FERC Stats. & Regs., Regulations Preambles January 1991–1996 ¶ 31,035 (April 24, 1996); Order No. Corporation 23. Seminole Electric Cooperative, Inc. 889–A, order on rehearing, 62 FR 12484 (March 14, [Docket No. ER00–228–000] [Docket No. OA97–140–001] 1997), III FERC Stats. & Regs. ¶ 31,049 (March 4, 1997); Order No. 889–B, rehearing denied, 62 FR Take notice that on October 26, 1999, Take notice that on September 30, 64715 (December 9, 1997), III FERC Stats. & Regs. Wisconsin Public Service Corporation 1999, Seminole Electric Cooperative, ¶ 31,253 (November 25, 1997).
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00034 Fmt 4703 Sfmt 4700 E:\FR\FM\A05NO3.037 pfrm03 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60439 motion to intervene or protest with the facilities used to house Aircraft, Full EIS No. 990415, DRAFT EIS, IBR, CA, Federal Energy Regulatory Commission, Basing at MCAS Cherry Point and/or Lower Mokelumne River Restoration 888 First Street, NE, Washington, DC Partial Basing at both MCAS New Program, Implementation, Resource 20426, in accordance with Rules 211 River and Cherry Point, COE Section Management Plan, San Joaquin and 214 of the Commission’s Rules of 404 Permit, NC, Due: December 06, County, CA, Due: January 4, 2000, Practice and Procedure (18 CFR 385.211 1999, Contact: James Haluska (757) Contact: Buford Holt (530) 275–1554. and 385.214). All such motions or 322–4889. EIS No. 990416, FINAL EIS, FTA, WA, protests should be filed on or before the EIS No. 990408, DRAFT EIS, FHW, PA, Central Link Light Rail Transit comment date. Protests will be Mon/Fayette Transportation Project, Project, (Sound Transit) Construct and considered by the Commission in Improvements from Uniontown to Operate an Electric Rail Transit determining the appropriate action to be Brownsville Area, Funding and COE System, Funding and COE Section 10 taken, but will not serve to make Section 404 Permit, Fayette and and 404 Permits, In the Cities of protestants parties to the proceeding. Washington Counties, PA, Due: Seattle, Sea Tac and Tuckwila, King Any person wishing to become a party January 07, 2000, Contact: Ronald W. County, WA, Due: December 6, 1999, must file a motion to intervene. Copies Carmichael, P.E. (717) 221–3461. Contact: Helen Knoll (206) 220–7954. of this filings are on file with the EIS No. 990409, FINAL EIS, FTA, OR, EIS No. 990417, FINAL EIS, IBR, CA, Commission and are available for public WA, OR, South/North Corridor Programmatic EIS—Central Valley inspection. This filing may also be Project, Improvements to the Existing Project Improvement Act (CVPIA) of viewed on the Internet at http:// Urban Transportation, Funding, 1992 Implementation, Central Valley, www.ferc.fed.us/online/rims.htm (call Multnomah, Clackamas and Trinity, Contra Costa, Alameda, Santa 202–208–2222 for assistance). Washington Counties, OR and Clark Clara and San Benito Counties, CA, David P. Boergers, County, WA, Due: December 06, 1999, Due: December 6, 1999, Contact: Alan Secretary. Contact: Ross Roberts (503) 797–1756. Candish (916) 978–5197. EIS No. 990410, DRAFT SUPPLEMENT, [FR Doc. 99–28979 Filed 11–4–99; 8:45 am] Amended Notices BILLING CODE 6717±01±M DOE, TN, GA, TX, SC, MO, Programmatic EIS-Stockpile EIS No. 990229, DRAFT EIS, AFS, MT, Stewardship and Management Project, NB, WY, ND, SD, Dakota Prairie ENVIRONMENTAL PROTECTION Reduced Nuclear Weapons Stockpile Grasslands, Nebraska National Forest AGENCY in the Absence of Underground Units and Thunder Basin National Testing, Eight Sites: Oak Ridge Grassland, Land and Resource [ER±FRL±6247±7] Reservation (ORR), Savannah River Management Plans 1999 Revisions, Site (SRS), Kansas City Plant (KCP) Implementation, MT, NB, WY, ND Environmental Impact Statements; Pantex Plant, Los Alamos Nat’l Lab., and SD, Due: November 29, 1999, Notice of Availability Lawrence Livermore Nat’l Lab., Contact: Pam Gardner (308) 432–0300. Responsible Agency: Office of Federal Sandia Nat’l and Nevada Test Site, Published FR–10–01–99—Review Activities, General Information (202) Due: December 20, 1999, Contact: Period Extended. From 11–15–99 to 564–7157 OR www.epa.gov/oeca/ofa. Richard Scott (925) 423–3022. 01–07–2000. Weekly receipt of Environmental EIS No. 990411, DRAFT EIS, FHW, CA, EIS No. 990317, DRAFT EIS, COE, OH, Impact Statements Filed October 25, CA–70 Upgrade in Sutter and Yuba Ashtabula River and Harbor Dredging 1999 Through October 29, 1999 Counties, To Four-Lane Expressway/ and Disposal Project, Design, Pursuant to 40 CFR 1506.9. Freeway, From 0.6 miles South of Construction, Operation and EIS No. 990404, FINAL EIS, NPS, CA, Striplin Road to 0.3 miles South of Maintenace, Ashtabula River Backcounty and Wilderness McGowan Road Overcrossing, Partnership (ARP), Ashtabula County, Management Plan, General Funding and COE Section 404 Permit, OH, Due: October 25, 1999, Contact: Management Plan Amendment, Sutter and Yuba Counties, CA, Due: John Mahan (440) 964–0277. Joshua Tree National Park, Riverside December 20, 1999, Contact: Robert F. Published FR 09–10–99—Review and San Bernardino Counties, CA, Talley (916) 498–5041. Period extended. From 10–25–99 to Due: December 06, 1999, Contact: EIS No. 990412, FINAL EIS, AFS, UT, 11–09–99. Alan Schmierer (415) 427–1441. Brighton Ski Resort Master EIS No. 990332, DRAFT EIS, FRC, IL, EIS No. 990405, FINAL EIS, NPS, CA, Development Plan Updated, MI, IN, TriState Pipeline Project, Fort Baker Site, Golden Gate National Implementation, Wasatch-Cache Construction and Docket Nos.: CP99– Recreation Area, Comprehensive National Forest, Salt Lake City, UT, 61–000, CP99–62–000, CP99–63–000 Management Plan, Implementation, Due: December 6, 1999, Contact: Steve and CP99–64–000, Presidential Marin County, CA, Due: December 06, Scheid (801) 733–2689. Permit, IL, IN and MI, Due: January 1999, Contact: Alan Schmierer (415) EIS No. 990413, DRAFT EIS, AFS, ID, 15, 2000, Contact: Paul McKee (202) 427–1441. Salmon River Canyon Project, 208–1088. Published FR 09–24–99 EIS No. 990406, FINAL EIS, AFS, ID, Implementation, Nez Perce, Payette, Review Period Extended. From 11– WY, Targhee National Forest Open Bitterroot and Salmon-Challis 08–99 to 01–15–2000. Road and Open Motorized Trail National Forests, Idaho County, ID, EIS No. 990397, DRAFT EIS, FAA, OH, Analysis, To Implement a new Travel Due: December 20, 1999, Contact: Bill Cleveland Hopkins International Plan, several counties, ID and Lincoln Shields (208) 983–1950. Airport, To Provide Capacity, and Teton Counties, WY, Due: EIS No. 990414, DRAFT EIS, NPS, AZ, Facilities, Highway Improvements, December 06, 1999, Contact: Alan Chiricahua National Monument, and Enhancement to Safety, Funding, Silker (208) 624–3151. General Management Plan, To Protect Cuyahoga County, OH, Due: EIS No. 990407, FINAL EIS, USN, NC, Certain National Formations, Known December 29, 1999, Contact: Ernest P. Introduction of the V–22 ‘‘Osprey’’ a as ‘‘the Pinnacles’, AZ, Due: January Guby (734) 487–7280. Published FR– new Type of Tiltrotor Aircraft, 30, 2000, Contact: Christine Maylath 10–29–99—Correction to Comment Replacement or Renovation of the (303) 969–2851. Period.
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Dated: November 2, 1999. Summary: EPA expressed construction limits be used to reduce B. Katherine Biggs, environmental concerns about the wetland impacts. Associate Director, NEPA Compliance potential cumulative impacts associated ERP No. F–USN–K11094–00, Division, Office of Federal Activities. with this and other related erosion/ Developing Home Port Facilities For [FR Doc. 99–29079 Filed 11–4–99; 8:45 am] storm damage protection projects in the Three NIMITZ-Class Aircraft Carriers in BILLING CODE 6560±50±U area. EPA requested that additional Support of the U.S. Pacific Fleet, information be presented in the final Construction and Operation, Coronado, EIS to address this issue. CA; Bremerton and Everett, WA, Pearl ENVIRONMENTAL PROTECTION ERP No. D–FHW–E40780–NC Rating Harbor, HI. AGENCY EC2, US–1 Transportation Summary: EPA expressed a Improvements, From Sandhill Road continuing concern regarding sediment [ER±FRL±6247±8] (SR–197) to North to Fox Road (SR– quality, dredging and dredged material 1606), Funding and COE Section 404 disposal issues at Pearl Harbor Naval Environmental Impact Statements and Permit, City of Rockingham, Richmond Shipyard and, to a lesser extent, at Regulations; Availability of EPA County, NC. North Island Naval Air Station, asking Comments Summary: EPA expressed concern that the Navy address these issues in its Availability of EPA comments regarding purpose and need, NEPA Record of Decision and/or in any prepared October 18, 1999 Through alternatives and wetland impacts. EPA subsequent permit application(s) to the October 22, 1999 pursuant to the requested that these issues be clarified Army Corps of Engineers. On other Environmental Review Process (ERP), and mitigated as necessary. issues the FEIS was generally under Section 309 of the Clean Air Act ERP No. D–FHW–J40150–ND Rating responsive to prior concerns EPA raised and Section 102(2)(c) of the National LO, Interstate 29 Reconstruction Project, on the Draft EIS. Environmental Policy Act as amended. Improvements from Rose Coulee to Cass ERP No. FA–NIH–D81023–MD, Requests for copies of EPA comments County Road No. 20, Funding, City of National Institutes of Health Bethesda can be directed to the Office of Federal Fargo, ND. Main Campus Comprehensive Master Activities at (202) 564–7167. Summary: EPA requested additional Plan, Updated and Additional An explanation of the ratings assigned information and clarification related to Information for the Revision to the to draft environmental impact project alternatives. The review did not Northwest Sector Plan, Montgomery statements (EISs) was published in FR identify and potential impacts requiring County, MD. dated April 10, 1999 (63 FR 17856). substantive changes to the proposal. Summary: EPA has determined that ERP No. D–USN–K11103–GU Rating the U.S. Department of Health and Draft EISs EC2, Surplus Navy Property Identified Human Services has adequately ERP No. D–AFS–J65314–MT Rating in the Guam Land Use Plan (GLUP ’94) addressed its comments within the EC2, Flathead National Forest, Swan for Disposal and Reuse, Implementation, Final Supplemental EIS. Lake Ranger District, Meadow Smith GU. ERP No. FS–NRC–A00164–00, Generic Project, Vegetative Treatments and Summary: EPA expressed concerns EIS—License Renewal of Nuclear Power Other Activities to Maintain and Restore about the air modeling data and Plants Operating Licenses, NUREG– Large-Tree Old Grow Forest cumulative impacts analysis. EPA 1437 Addendum 1. Characteristics, Lake and Missoula requested that the air quality data be Summary: No formal comment letter Counties, MT. corrected and that additional sent to preparing agency. Summary: EPA expressed cumulative impacts analysis be Dated: November 2, 1999. environmental concerns with potential provided in the final document. B. Katherine Biggs, adverse impacts to the watershed from Final EISs Associate Director, NEPA Compliance proposed road density. Division, Office of Federal Activities. EPA believes additional monitoring ERP No. F–AFS–L65308–ID, Eagle [FR Doc. 99–29080 Filed 11–4–99; 8:45 am] Bird Project Area, Timber Harvesting information is needed to fully assess BILLING CODE 6560±50±U and mitigate all potential impacts of the and Road Construction, Idaho management actions. Panhandle National Forests, St. Joe ERP No. D–BLM–G65069–NM Rating Ranger District, Shoshone County, ID. ENVIRONMENTAL PROTECTION EC2, Rio Puerco Resource Management Summary: EPA continues to be AGENCY Plan Amendment, Managing Land and concerned that funding for road Resource for EL Malpais National improvements and obliteration are [FRL±6471±2] uncertain. Thus, impacts from the Conservation Area and Chain of Craters Comprehensive Environmental project may not be completely Wilderness Study Area, Lies South of Response, Compensation and Liability mitigated. the City of Grants, Cibola County, NM. Act (CERCLA) or Superfund, Section ERP No. F–FHW–F40374–MN, MN– Summary: EPA has identified 104, Announcement of Proposal TH–14 Corridor Reconstruction, MN– environmental concerns in the areas of Deadline for the Competition for the FY TH–60 to I–35, Funding and COE mitigation, livestock grazing, water 2000 Brownfields Cleanup Revolving Section 404 Permit Issuance, Blue Earth, quality, recreation, transportation, Loan Fund Pilots cultural resources, wildlife habitat, and Waseca and Steele Counties, MN. environmental justice. EPA requested Summary: EPA expressed AGENCY: Environmental Protection that these issues be clarified in the final environmental concerns with the Agency. document. completeness of the traffic analysis used ACTION: Notice of proposal deadlines, ERP No. D–COE–C30010–NJ Rating in the FEIS and a potential discrepancy revised guidelines. EC2, Barnegat Inlet to Little Egg Inlet in the FEIS regarding the total amount Hurricane and Storm Damage of wetland impacts. EPA recommends SUMMARY: The United States Protection, Implementation, Long Beach that these two issues be resolved in the Environmental Protection Agency (EPA) Island, Ocean County, NJ. Record of Decision and that narrow will begin to accept proposals for the FY
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2000 Brownfields Cleanup Revolving Redevelopment Initiative is designed to Funding for the Brownfields Cleanup Loan Fund Pilots on November 5, 1999. empower states, local governments, Revolving Loan Fund pilots is The Brownfields Cleanup Revolving communities, and other stakeholders authorized under section 104(d)(1) of Loan Fund pilots (each funded up to involved in economic redevelopment to the Comprehensive Environmental $500,000) test cleanup and work together in a timely manner to Response, Compensation, and Liability redevelopment planning models, direct prevent, assess, safely cleanup, and Act of 1980, as amended, (CERCLA or special efforts toward removing sustainably reuse brownfields. As part Superfund), 42 U.S.C. 9604(d)(1). regulatory barriers without sacrificing of this Initiative, EPA has awarded Submission to Congress and the protectiveness, and facilitate cooperative agreements to States General Accounting Office coordinated environmental cleanup and (including U.S. territories), political redevelopment efforts at the federal, subdivisions (including cities, towns, The Congressional Review Act, 5 state, and local levels. EPA expects to counties), and Indian tribes to capitalize U.S.C. 801 et seq., as added by the Small select up to 70 additional Brownfields Brownfields Cleanup Revolving Loan Business Regulatory Enforcement Cleanup Revolving Loan Fund pilots by Fund pilots. The purpose of these pilots Fairness Act of 1996, generally provides May 2000. The deadline for new is to test brownfields cleanup revolving that before a rule may take effect, the proposals for the FY 2000 Brownfields loan fund models that direct special agency promulgating the rule must Cleanup Revolving Loan Fund pilots is efforts toward facilitating coordinated submit a rule report, which includes a February 7, 2000. Proposals must be public and private brownfields cleanup copy of the rule, to each House of the postmarked by February 7, 2000, and efforts at the federal, state, and local Congress and to the Comptroller General sent to U.S. EPA Headquarters. In levels. of the United States. EPA will submit a addition, duplicate copies of the In FY 2000, the EPA expects to select report containing this action and other proposal must also be submitted to the up to 70 new BCRLF pilots to be funded required information to the U.S. Senate, appropriate U.S. EPA Regional Office, up to $500,000 per eligible entity by the the U.S. House of Representatives, and the Comptroller General of the United ATTN: Brownfields Cleanup Revolving end of May 2000. States prior to publication of the rule in Loan Fund Coordinator. Eligible entities for FY 2000 BCRLF the Federal Register. This action is not The Brownfields Cleanup Revolving pilots, as in previous years, will be a ‘‘major rule’’ as defined by 5 U.S.C. Loan Fund pilot proposals are selected entities that have been awarded § 804(2). on a competitive basis. To ensure a fair Brownfields Assessment Demonstration selection process, evaluation panels Pilots prior to FY00. In addition, Date Signed: October 27, 1999. consisting of EPA Regional and political subdivisions with jurisdiction Linda Garczynski, Headquarters staff and other federal over sites that have either (1) been the Director, Outreach and Special Projects Staff, agency representatives will assess how subject of a targeted brownfields Office of Solid Waste and Emergency well the proposals meet the selection assessment (formerly called targeted site Response. criteria outlined in the newly revised assessments), or (2) been selected by the [FR Doc. 99–29072 Filed 11–4–99; 8:45 am] guidelines, entitled The Brownfields U.S. EPA prior to January 1, 2000, to be BILLING CODE 6560±50±U Economic Redevelopment Initiative: the subject of a targeted brownfields Proposal Guidelines for Brownfields assessment, are also eligible for a single Cleanup Revolving Loan Fund BCRLF pilot award. BCRLF pilot ENVIRONMENTAL PROTECTION (November 1999). proposals do not have to be limited to AGENCY DATES: All proposals must be sites identified, characterized, or [FRL±6471±1] postmarked or sent to U.S. EPA assessed under a previously awarded Headquarters and a duplicate copy sent assessment pilot or targeted brownfields Comprehensive Environmental to the appropriate U.S. EPA Regional assessment. Response, Compensation and Liability Office via registered or tracked mail no Proposals from coalitions are Act (CERCLA) or Superfund, Section later than February 7, 2000. permitted to apply, but a single entity 104; Announcement of Proposal Deadline for the Competition for Fiscal ADDRESSES: BCRLF guidelines can be must be identified as the applicant. obtained by calling the Superfund Additionally, a letter of support from Year 2000 Supplemental Assistance to Hotline at the following numbers: each coalition member must be the National Brownfields Assessment included as an attachment. Demonstration Pilots Washington, DC Metro Area at 703– 412–9810 Applicants must demonstrate through AGENCY: Environmental Protection Outside Washington, DC Metro at 1– their proposal: (1) An ability to manage Agency. a revolving loan fund and 800–424–9346 ACTION: Notice of proposal deadline and environmental cleanups; (2) a need for TDD for the Hearing Impaired at 1–800– guidelines. 553–7672 cleanup funds; (3) commitment to creative leveraging of EPA funds with SUMMARY: The United States Copies of the Proposal Guidelines for public-private partnerships and in-kind Environmental Protection Agency (EPA) Brownfields Cleanup Revolving Loan services; and (4) a clear plan for will begin to accept proposals for Fund are available via the Internet: sustaining the environmental protection supplemental assistance for the National http://www.epa.gov/brownfields/ and related economic development Brownfields Assessment Pilots on FOR FURTHER INFORMATION CONTACT: The activities initiated through the BCRLF November 5, 1999. Assessment pilots U.S. EPA’s Office of Solid Waste and program. The eligible entities must meet awarded on or before September 30, Emergency Response, Outreach and EPA’s threshold and evaluation criteria. 1998, may apply for up to $150,000 for Special Projects Staff, Barbara Bassuener There is no guarantee of an award. Also, continuance and expansion of their (202) 260–9347 or Jennifer Millett the size of the awards may vary (for brownfields assessment efforts. This Wilbur (202) 260–6454. example, from $50,000 to $500,000 per supplemental funding will be awarded SUPPLEMENTARY INFORMATION: The eligible entity), depending on the on a competitive basis. Environmental Protection Agency’s proposal’s responses to the evaluation In fiscal year 2000, an additional (EPA) Brownfields Economic criteria. $50,000 may be awarded to an applicant
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.149 pfrm03 PsN: 05NON1 60442 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices to assess the contamination of a regulatory barriers without sacrificing Assessment Demonstration Pilot (4 brownfields site(s) that is or will be protectiveness, and facilitate points out of 20) used for greenspace purposes. coordinated public and private efforts at 4. Work To Be Performed (8 points Greenspace purposes may include, but the Federal, State, tribal and local out of 20) are not limited to, parks, playgrounds, levels. To date, the Agency has funded Part II (Optional) trails, gardens, habitat restoration, open 307 Brownfields Assessment Pilots. 5. Greenspace space, and/or greenspace preservation. In fiscal year 2000, EPA has —Authority and Context (2 points out EPA expects to select up to 50 determined that brownfields assessment of 8) National brownfields assessment pilots pilots awarded on or before September —Community Involvement (2 points to receive supplemental assistance by 30, 1998, may apply for up to $150,000 out of 8) March 2000. The deadline for proposals for continuance and expansion of their —Site Identification, Site Assessment for the 2000 supplemental assistance is brownfields assessment efforts. These Plan, Flow of Ownership, and December 22, 1999. Proposals must be pilots focus on EPA’s primary mission— Reuse Planning (4 points out of 8) post-marked or sent to EPA via protecting human health and the Dated: October 26, 1999. registered or tracked mail by the stated environment. They are also an essential Linda Garczynski, deadline. piece of the nation’s overall community Director, Outreach and Special Projects Staff, The supplemental assistance for the revitalization efforts. EPA works closely Office of Solid Waste and Emergency National brownfields assessment pilots with other federal agencies through the Response. will be administered on a competitive Interagency Working Group on [FR Doc. 99–29071 Filed 11–4–99; 8:45 am] basis. To ensure a fair selection process, Brownfields, and builds relationships BILLING CODE 6560±50±U evaluation panels consisting of EPA with other stakeholders on the national Regional and Headquarters staff will and local levels to develop coordinated assess how well the proposals meet the approaches for community ENVIRONMENTAL PROTECTION selection criteria outlined in the revitalization. AGENCY application booklet The Brownfields Supplemental funding for the [OPP±00628; FRL±6392±1] Economic Redevelopment Initiative: brownfields assessment pilots is Proposal Guidelines for Supplemental authorized under Section 104(d)(1) of State FIFRA Issues Research and Assistance for the Brownfields the Comprehensive Environmental Evaluation Group (SFIREG) Working Assessment Demonstration Pilots Response, Compensation, and Liability Committees on Pesticide Operations (October 1999). Applicants are Act of 1980, as amended, (CERCLA or and Management and Water Quality encouraged to contact and, if possible, Superfund), 42 U.S.C. 9604(d)(1). States and Pesticide Disposal; Open Meeting meet with EPA Regional Brownfields (including U.S. Territories), political Coordinators. subdivisions (including cities, towns, AGENCY: Environmental Protection DATES: All proposals must be post- counties), and federally recognized Agency (EPA). marked or sent to EPA via registered or Indian Tribes which received a ACTION: Notice of open meeting. tracked mail by December 22, 1999. brownfields assessment pilot grant on or SUMMARY: The State FIFRA Issues ADDRESSES: The proposal guidelines can before September 30, 1998, are eligible to apply. EPA welcomes and encourages Research and Evaluation Group be obtained by calling the Superfund (SFIREG) Working Committees on Hotline at the following numbers: brownfields projects by coalitions of such entities, but only a single eligible Pesticide Operations and Management Washington, DC Metro Area at 703– entity may receive a cooperative and Water Quality and Pesticide 412–9810 agreement. Cooperative agreement funds Disposal will hold a 3-day meeting, Outside Washington, DC Metro at 1– will be awarded only to a state, a beginning on November 8, 1999, and 800–424–9346 political subdivision of a state, or a ending on November 10, 1999. This TDD for the Hearing Impaired at 1–800– federally recognized Indian tribe. notice announces the location and times 553–7672 Through a brownfields cooperative for the meeting and sets forth the Copies of the guidelines are also agreement, EPA provides funds to an tentative agenda topics. available via the Internet: http:// eligible state, political subdivision, or DATES: The SFIREG Pesticide www.epa.gov/brownfields/ Indian Tribe to undertake activities Operations and Management Working FOR FURTHER INFORMATION CONTACT: The authorized under CERCLA section 104. Committee will meet alone on Monday, Superfund Hotline, 800–424–9346. Use of these supplemental assistance November 8, 1999, from 8:30 a.m. to SUPPLEMENTARY INFORMATION: As a part pilot funds must be in accordance with 4:30 p.m. The Pesticide Operations and of the Environmental Protection CERCLA, and all CERCLA restrictions Management and Water Quality and Agency’s (EPA) Brownfields Economic on use of funds also apply to the Pesticide Disposal Working Committees Redevelopment Initiative, the assessment pilots. will meet jointly on Tuesday, November Brownfields Assessment Demonstration The evaluation panels will review the 9, 1999, from 8:30 a.m. to 12 noon. The Pilots are designed to empower States, proposals carefully and assess each Water Quality and Pesticide Disposal communities, tribes, and other response based on how well it addresses Working Committee will meet on stakeholders in economic the selection criteria, briefly outlined Tuesday, November 9, 1999, from 1 p.m. redevelopment to work together in a below: to 5 p.m. and again on Wednesday, timely manner to prevent, assess, safely Part I (Required) November 10, 1999, from 8:30 a.m. to 12 cleanup and promote the sustainable 1. Established Brownfields Program (4 noon. reuse of brownfields. EPA has awarded points out of 20) ADDRESSES: The meeting will be held at cooperative agreements to States, cities, 2. Accomplishments Under Existing The Doubletree Hotel, 300 Army Navy towns, counties and Tribes for Brownfields Assessment Pilot (4 Drive, Arlington-Crystal City, VA. demonstration pilots that test points out of 20) FOR FURTHER INFORMATION CONTACT: brownfields assessment models, direct 3. Demonstrated Ability To Philip H. Gray, SFIREG Executive special efforts toward removing Administer Existing Brownfields Secretary, P. O. Box 1249, Hardwick, VT
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05843–1249; telephone number: (802) the official record, which includes 7. AAPCO Initiative. 472–6956; fax number: (802) 472–6957; printed, paper versions of any electronic a. State lab needs - present and future. e-mail address: comments that may be submitted during b. Support for regulatory programs. [email protected] or Elaine an applicable comment period, is 8. National Pollutant Discharge Y. Lyon, Field and External Affairs available for inspection in the Public Elimination System update and Division (7506C), Office of Pesticide Information and Records Integrity discussion. Programs, Environmental Protection Branch (PIRIB), Rm. 119, Crystal Mall 9. Total Maximum Daily Load update Agency, 401 M St., SW., Washington, #2, 1921 Jefferson Davis Hwy., and discussion. DC 20460; telephone number: (703) Arlington, VA, from 8:30 a.m. to 4 p.m., 10. Active Ingredient Isomers issues. 305–5306; fax number: (703) 308–1850; Monday through Friday, excluding legal 11. Inert distributions of EPA e-mail address: [email protected]. holidays. The PIRIB telephone number registered and non registered pesticides. SUPPLEMENTARY INFORMATION: is (703) 305–5805. 12. EPA Strategic Plan Workshop update. III. Purpose of the Meeting I. Does this Action Apply to Me? 13. Updates from the Office of This action is directed to the public A. Pesticide Operations Management Pesticide Programs and the Office of in general, but all parties interested in Working Committee Tentative Agenda Enforcement and Compliance SFIREG’s information exchange 1. Update and discussion of Pesticide Assurance. relationship with EPA regarding Field Data Plan. 14. Other topics as appropriate. important issues related to human 2. Cooperative Agreement Grant C. Water Quality and Pesticide Disposal health, environmental exposure to Funding. Working Committee Tentative Agenda pesticides, and insight into the EPA’s 3. Office of Enforcement and decision-making process are invited and Compliance Assurance topics for 1. Pesticide Biocumulative Toxins encouraged to attend the meetings and discussion: (PBT) National Action Plan for Level participate as appropriate. a. Federal Inspector credentials. One Pesticides. b. Inspector training. 2. Status of Pesticide Management II. How Can I Get Additional c. Inspector manual. Plan. Information, Including Copies of this d. Custom Blend policy. 3. California Ground Water Initiative Document and Other Related e. Worker Protection issues. Workshops. Documents? 4. Outcome of National Endangered 4. EPA Ground Water report to 1. Electronically. You may obtain Species meeting. Congress. electronic copies of this document, and 5. Registration and labeling issues on 5. U.S. Geological Survey reports - certain other related documents that fumigants: ‘‘Distribution of Major Herbicides in might be available electronically, from a. Methyl bromide. Ground Water.’’ the EPA Internet Home Page at http:// b. Phosphide REDS. 6. Updates from the Office of www.epa.gov/. To access this 6. Rodenticide project - ‘‘Rats are Us.’’ Pesticide Programs and Office of document, on the Home Page select 7. Region 9 Issue Paper on Increased Enforcement and Compliance ‘‘Laws and Regulations’’ and then look EPA Support for State Lead Agency Assurance. up the entry for this document under Laboratory Formulation Work. 7. Working Committee reports. the ‘‘Federal Register-Environmental 8. Working Committee reports. 8. Other topics as appropriate. 9. Updates from the Office of Documents.’’ You can also go directly to Pesticide Programs and the Office of List of Subjects the Federal Register listings at http:// Enforcement and Compliance www.epa.gov/fedrgstr/. You may also Environmental protection. Assurance. obtain electronic copies of the minutes, 10. Other topics as appropriate. Dated: October 29, 1999. and certain other related documents that might be available electronically, from B. Pesticide Operations and Anne E. Lindsay, the Association of American Pesticide Management Working Committee and Director, Field and External Affairs Division, Control Officials (AAPCO) Internet Water Quality and Pesticide Disposal Office of Pesticide Programs. Home Page at http:// Working Committee Joint Meeting [FR Doc. 99–29044 Filed 11–2–99; 4:42 pm] aapco.ceris.purdue.edu/doc/index.html. Tentative Agenda BILLING CODE 6560±50±F To access this document, on the Home 1. Labeling issues: Page select ‘‘SFIREG’’ and then look up a. Status of Label Accountability the entry for this document under the project. ENVIRONMENTAL PROTECTION ‘‘SFIREG Meetings.’’ b. Consumer Labeling/Disposal AGENCY 2. In person. The Agency has Initiative (CLI). [FRL±6470±9] established an official record for this c. Use directions on labels. action under docket control number d. Update on Pesticide Registration Regulatory Reinvention (XL) Pilot OPP–00628. The official record consists Notice on Mandatory v. Advisory Projects of the documents specifically referenced Language. in this action, any public comments 2. Pesticide management plan issues. AGENCY: Environmental Protection received during an applicable comment 3. Status on language for spray drift Agency (EPA). period, and other information related to minimization update and discussion. ACTION: Notice of availability of this action, including any information 4. Conditional Registration update Elmendorf Project XL Draft Final Project claimed as Confidential Business and discussion. Agreement. Information (CBI). This official record 5. Aquatic Pesticide update and includes the documents that are discussion. SUMMARY: EPA is today requesting physically located in the docket, as well 6. Laboratory Issue Paper: ‘‘State Lab comments on a draft Project XL Final as the documents that are referenced in Capabilities for Analysis of New Project Agreement (FPA) for Elmendorf those documents. The public version of Pesticide Products.’’ Air Force Base (EAFB). The FPA is a
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.030 pfrm03 PsN: 05NON1 60444 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices voluntary agreement developed located at EPA Region 10 in Seattle. comments received disclose facts or collaboratively by EAFB, stakeholders, Questions to EPA regarding the considerations which indicate that the the State of Alaska, and EPA. Project documents can be directed to Dave Bray settlement is inappropriate, improper, XL, announced in the Federal Register at (206) 553–4253 or L. Nancy Birnbaum or inadequate. The Agency’s response to on May 23, 1995 (60 FR 27282), gives at (202) 260–2601. Additional any comments received will be available regulated sources the flexibility to information on Project XL, including for public inspection at One Congress develop alternative strategies that will documents referenced in this notice, Street, Boston, MA 02214. replace or modify specific regulatory other EPA policy documents related to DATES: Comments must be submitted on requirements on the condition that they Project XL, application information, and or before December 6, 1999. produce greater environmental benefits. descriptions of existing XL projects and ADDRESSES: Comments should be If implemented, the draft FPA would proposals, is available via the Internet at addressed to the Regional Hearing Clerk, streamline the application, ‘‘http://www.epa.gov/ProjectXL’’. U.S. Environmental Protection Agency, implementation, management, and Dated: November 1, 1999. Region I, One Congress Street, Suite renewal process for EAFB’s Title V Richard T. Farrell, 1100, Mailcode RAA, Boston, permit, through reduced monitoring and Associate Administrator, Office of Massachusetts 02203, and should refer record keeping. EAFB estimates that Reinvention. to: In re: Blackburn and Union total monitoring, record keeping, [FR Doc. 99–29077 Filed 11–4–99; 8:45 am] Privileges Superfund Site, U.S. EPA reporting, and overall management costs BILLING CODE 6560±50±U Docket No. CERCLA–1–99–0027. would decrease by about 80 percent, FOR FURTHER INFORMATION CONTACT: yielding about $1.5 million in savings. A These realized cost savings would be copy of the proposed settlement can be ENVIRONMENTAL PROTECTION obtained from Peter DeCambre, U.S. directed toward pollution prevention AGENCY (P2) opportunities. One such P2 project Environmental Protection Agency, involves installation of a compressed [FRL±6470±2] Region I, One Congress Street, Mailcode natural gas (CNG) fueling station, the SES, Boston, Massachusetts 02214, (617) Proposed Settlement Under Section 918–1890. purchase of new CNG vehicles, and the 122(h) of the Comprehensive conversion of certain base fleet vehicles Environmental Response, Dated: September 29, 1999. to be capable of using CNG as an Compensation, and Liability Act; In Re: Patricia Meaney, alternative fuel. EAFB has assembled a Blackburn and Union Privileges Director, Office of Site Remediation and list of other feasible P2 opportunities Superfund Site, Walpole, Restoration. available at the base, along with the Massachusetts [FR Doc. 99–29074 Filed 11–4–99; 8:45 am] estimated costs and environmental BILLING CODE 6560±50±U benefits of each opportunity. EPA, the AGENCY: Environmental Protection State of Alaska, and EAFB have Agency (EPA). expressed a preference for hazardous air ACTION: Notice of proposed settlement; OFFICE OF NATIONAL DRUG contaminant reduction projects. A request for public comment. CONTROL POLICY supplemental agreement setting forth SUMMARY: the specific additional P2 opportunities In accordance with section Designation of Three (3) Additional to be implemented will be developed 122(i) of the Comprehensive Counties in New Mexico as Part of the with the assistance of stakeholders. Environmental Response Compensation, New Mexico Partnership/Southwest and Liability Act, as amended DATES: Border High Intensity Drug Trafficking The period for submission of (‘‘CERCLA’’), 42 U.S.C. 9622(i), notice is Area comments ends on November 26, 1999. hereby given of a proposed ADDRESSES: All comments on the draft administrative settlement for recovery of AGENCY: Office of National Drug Control Final Project Agreement should be sent past response costs concerning the Policy, Executive Office of the to: Dave Bray, Office of Air Quality, Blackburn and Union Privileges President. OAQ–107, U.S. EPA Region 10, 1200 Superfund Site, Walpole, ACTION: Notice. Sixth Avenue, Seattle, WA 98101, or L. Massachusetts. The settlement requires Nancy Birnbaum, U.S. EPA, 401 M the settling parties, the Kendall SUMMARY: This notice lists the counties Street, SW, Room 1025WT (1802), Company (a division of Tyco Healthcare of Rio Arriba, Santa Fe, and San Juan in Washington, DC 20460. Comments may Group, LP) and W.R. Grace & Co.— New Mexico designated by the Director also be faxed to Mr. Bray at (206) 553– Conn., to reimburse the Environmental of National Drug Control Policy, as 0110 or Ms. Birnbaum at (202) 401– Protection Agency (the ‘‘Agency’’) for additions to the New Mexico 2474. Comments will also be received past response costs incurred at the Partnership/Southwest Border High via electronic mail sent to: Blackburn and Union Privileges Intensity Drug Trafficking Area [email protected] or Superfund Site. The settling parties will (HIDTA). The New Mexico Partnership [email protected]. pay $400,000 plus an additional sum for currently consists of 10 counties and FOR FURTHER INFORMATION CONTACT: To interest on that amount calculated from municipalities New Mexico. HIDTAs are obtain a copy of the draft Final Project March 16, 1999 through the date of the domestic regions identified as having Agreement, contact: Dave Bray, Office of payment. The settlement includes a the most critical drug trafficking Air Quality, OAQ–107, U.S. EPA Region covenant not to sue the settling parties problems that adversely affect the 10, 1200 Sixth Avenue, Seattle, WA pursuant to section 107(a) of CERCLA, United States. These new counties are 98101, or L. Nancy Birnbaum, U.S. EPA, 42 U.S.C. 9607(a). For thirty (30) days designated pursuant to 21 USC 1706 (b), 401 M Street, SW, Room 1025WT following the date of publication of this as amended, to promote more effective (1802), Washington, DC 20460. The notice, the Agency will receive written coordination of drug control efforts. documents are also available via the comments relating to the settlement. This action will support local, New Internet at the following location: The Agency will consider all comments Mexico, and federal law enforcement ‘‘http://www.epa.gov/ProjectXL’’. In received and may modify or withdraw officers in assessing regional drug addition, public files on the Project are its consent to the settlement if threats, designing strategies to combat
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.091 pfrm03 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60445 the threats, developing initiatives to FEDERAL COMMUNICATIONS Number of Respondents: 200. implement the strategies, and evaluation COMMISSION Estimated Time Per Response: 1 hour. of the effectiveness of these coordinated Frequency of Response: On-occasion efforts. Notice of Public Information reporting requirements. FOR FURTHER INFORMATION CONTACT: Collection(s) being Submitted to OMB Total Annual Burden: 200 hours. Comments and questions regarding this for Review and Approval Total Annual Cost: None. Needs and Uses: Cordless telephone notice should be directed to Mr. Kurt F. October 21, 1999. Schmid, Acting National HIDTA security features protect the public SUMMARY: The Federal Communications switched telephone network from Director, Office of National Drug Control Commissions, as part of its continuing Policy (ONDCP), Executive Office of the unintentional line seizure and effort to reduce paperwork burden telephone dialing. These features President, Washington, DC 20503; 202– invites the general public and other 395–6692. prevent unauthorized access to the Federal agencies to take this telephone line, the dialing of calls in SUPPLEMENTARY INFORMATION: In 1990, opportunity to comment on the response to signals other than those the Director of ONDCP designated the following information collection, as from the owner’s handset and the first five HIDTAs. These original required by the Paperwork Reduction unintentional ringing of a cordless HIDTAs, areas through which most Act of 1995, Public Law 104–13. An telephone handset. Use of the cordless illegal drugs enter the United States, are agency may not conduct or sponsor a telephone security features reduces the the Southwest Border, Houston, Los collection of information unless it harm caused by some cordless Angeles, New York/New Jersey, and displays a currently valid control telephones to the ‘‘911’’ Emergency South Florida. In 1994, the Director number. No person shall be subject to Service Telephone System and the designated the Washington/Baltimore any penalty for failing to comply with telephone network in general. HIDTA to address the extensive drug a collection of information subject to the distribution networks serving hardcore Paperwork Reduction Act (PRA) that OMB Control Number: 3060–0387. drug users and the Puerto Rico/U.S. does not display a valid control number. Title: On-Site Verification of Field Virgin Islands HIDTA based upon the Comments are requested concerning (a) Disturbance Sensors, 47 CFR significant amount of drugs entering the whether the proposed collection of Sec.15.201(d) and Sec. 68.200(k). Form Number: N/A. United States through this region. In information is necessary for the proper Type of Review: Extension of 1995, HIDTAs were designated in performance of the functions of the currently approved collection. Atlanta, Chicago, and Philadelphia/ Commission, including whether the Respondents: Businesses or other for- Camden to target drug abuse and drug information shall have practical utility; profit entities. trafficking in those areas. In 1997, the (b) the accuracy of the Commission’s Number of Respondents: 200. Gulf Coast HIDTA (includes parts of burden estimate; (c) ways to enhance Estimated Time Per Response: 18 Alabama, Louisiana, and Mississippi), the quality, utility, and clarity of the hours. the Lake County HIDTA, the Midwest information collected; and (d) ways to Frequency of Response: HIDTA (includes parts of Iowa, Kansas, minimize the burden of the collection of Recordkeeping; on-occasion reporting Missouri, Nebraska, and South Dakota, information on the respondents, requirements. with the focus on methamphetamine), including the use of automated Total Annual Burden: 3,600 hours. the Northwest HIDTA (includes seven collection techniques or other forms of Total Annual Cost: $40,000. counties of Washington State), the information technology. Rocky Mountain HIDTA (includes parts Needs and Uses: Commission rules DATES: Written comments should be permit the operation of field disturbance of Colorado, Utah, and Wyoming), and submitted on or before December 6, the San Francisco HIDTA were sensors in the low VHF region of the 1999. If you anticipate that you will be spectrum. In order to monitor non- designated. In 1998, new HIDTAs were submitting comments, but find it designated in Appalachia (includes licensed field disturbance sensors difficult to do so within the period of operating in the low VHF television parts of Kentucky, Tennessee, and West time allowed by this notice, you should Virginia), Central Florida, Milwaukee, bands, a unique procedure for on-site advise the contact listed below as soon equipment testing of the systems is North Texas, and Southeast Michigan. as possible. In 1999, new HIDTA’s were designated required to ensure suitable safeguards ADDRESSES: Direct all comments to Les in Central Valley Californina, Hawaii, for the operation of these devices. Data Smith, Federal Communications New England, Ohio and Oregon. are retained by the holder of the Commission, Room 1–A804, 445 12th equipment authorizations issued by the The HIDTA Program supports over Street, S.W., Washington, DC 20554 or Commission and made available only at 250 co-located joint task forces in via the Internet to [email protected]. the request of the Commission. twenty regions of the country, including the entire Southwest Border. The FOR FURTHER INFORMATION CONTACT: For OMB Control Number: 3060–0564. HIDTA Program strengthens local, state, additional information or copies of the Title: Section 76.924, Allocation to and federal drug trafficking and money information collections contact Les Service Cost Categories. laundering task forces, bolsters drug Smith at (202) 418–0217 or via the Form Number: N/A. enforcement information networks and, Internet at [email protected]. Type of Review: Extension of improves integration of law SUPPLEMENTARY INFORMATION: currently approved collection. enforcement, drug treatment, and drug OMB Control Number: 3060–0436. Respondents: Businesses or other for- abuse prevention programs, where Title: Equipment Authorization- profit entities. appropriate. Cordless Telephone Security Coding, 47 Number of Respondents: 50. CFR Sec.15.121. Estimated Time Per Response: 40 Signed October 18, 1999. Form Number: N/A. hours. Barry R. McCaffrey, Type of Review: Extension of Frequency of Response: Director. currently approved collection. Recordkeeping requirement. [FR Doc. 99–28988 Filed 11–4–99; 8:45 am] Respondents: Businesses or other for- Total Annual Burden: 2,000 hours. BILLING CODE 3180±02±P profit entities. Total Annual Cost: None.
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Needs and Uses: Section 76.924 of the SUMMARY: The Federal Emergency forms serve as a basic screening and Commission’s rules specifies cost Management Agency has submitted the referral document for a number of other accounting and cost allocation following proposed information Federal and State disaster aid programs requirements for regulated cable collection to the Office of Management by identifying applicant’s disaster operators. Section 76.924 was and Budget for review and clearance in related needs and, in some cases, established as part of the cable rate accordance with the requirements of the determining whether applicants meet regulation requirements set forth in the Paperwork Reduction Act of 1995 (44 the basic eligibility requirements of Cable Television Consumer Protection U.S.C. 3507). these other programs. and Competition Act of 1992 (‘‘1992 SUPPLEMENTARY INFORMATION: This Abstract: The information serves as Cable Act’’). This collection accounts for collection is in accordance with FEMA’s the application for FEMA’s Disaster the burden imposed on cable operators responsibilities under 44 CFR section Housing Program and the Individual to rearrange their accounting records to 206.3 to provide an orderly and and Family Grant Program and is be in compliance with the requirements continuing means of assistance by the set forth in Section 76.924. At this time, Federal Government to State and local relayed to other Federal and State that burden should be considered a one- governments in carrying out their agencies administering disaster relief time only recordkeeping requirement for responsibilities to alleviate the suffering programs appropriate to the applicant’s new cable operators. The original and damage that results from major needs. Without this information, requirements set forth in Section 76.924 disasters and emergencies. Under the eligibility for disaster assistance cannot became effective July 21, 1993. Existing Robert T. Stafford Disaster Relief and be determined. The information is operators are therefore assumed to have Emergency Assistance Act, Public Law obtained by telephone calls to the already rearranged their accounting 93–288, as amended, FEMA may Teleregistration Center or from a face-to- records and are in compliance with this provide assistance to meet immediate face interview. Applicants are provided recordkeeping requirement. Information threats to life and property or provide a statement regarding the Privacy Act derived from accounting records that are for temporary housing resulting from a and they sign a statement certifying the arranged in compliance with Section major disaster. Under the Personal accuracy of their information. They also 76.924 is used by the cable operators Responsibility and Work Opportunity themselves when completing rate filings sign a statement reflecting their United Reconciliation Act of 1996, Public Law and by local franchising authorities States citizenship or qualified alien 104–193, FEMA determines eligibility when reviewing rate filings. status. for disaster assistance through Affected Public: The forms are used Federal Communications Commission. verification of citizenship or qualified Magalie Roman Salas, alien status. only in Presidentially declared major Secretary. Collection of Information: disasters or emergencies to allow individuals, farmers, small business [FR Doc. 99–29005 Filed 11–4–99; 8:45 am] Title: Disaster Assistance Registration, owners, private non-profit organizations BILLING CODE 6712±01±P Applicant Statement/Authorization, Declaration of Applicant. to apply for Federal disaster assistance Type of Information Collection: and to be referred to other appropriate State and local agencies. FEDERAL EMERGENCY Revision of a currently approved MANAGEMENT AGENCY collection. Estimated Total Annual Burden OMB Number: 3067–0009. Hours: Agency Information Collection Form Numbers: FEMA Forms 90–69, Activities: Submission for OMB 90–69A (Spanish version) Disaster Review; Comment Request Assistance Registration; 90–69B, 90–69C (Spanish version) Applicant Statement/ ACTION: Notice and request for uthorization; 90–69 D, 90–69 E (Spanish comments. version) Declaration of Applicant. The
Annual burden FEMA Forms Number of re- Frequency of Hours per hours spondents response response (rounded)
90±69, 90±69A, 90±69B, 90±69C .. 460,900 1 time ...... Avg. 21 minutes or .35 minutes ..... 161,315 90±69D, 90±69E ...... 294,976 1 time ...... 2 minutes or .033 minutes ...... * 9,833
Total ...... 171,148 * Rounded up.
Estimated Cost: All costs are part of Comments should be submitted by number (202) 646–2625, FAX number customary and usual business practices. December 6, 1999. (202) 646–3524, e-mail: [email protected]. Comments: Interested persons are FOR FURTHER INFORMATION CONTACT: invited to submit written comments on Requests for additional information or Dated: October 29, 1999. the proposed collection of information copies of the information collection Muriel B. Anderson, to the Office of Management and should be made to Muriel B. Anderson, Acting Director, Program Services Division, Budget, Office of Information and FEMA Information Collections Officer, Operations Support Directorate. Regulatory Affairs, ATTN: Desk Officer Federal Emergency Management [FR Doc. 99–29030 Filed 11–4–99; 8:45 am] for FEMA, 725 17th Street, NW, Room Agency, 500 C Street, SW, Room 316, BILLING CODE 6718±01±P 10102, Washington, DC 20503. Washington, DC 20472. Telephone
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FEDERAL EMERGENCY the Federal Emergency Management (The following Catalog of Federal Domestic MANAGEMENT AGENCY Agency under Executive Order 12148, I Assistance Numbers (CFDA) are to be used hereby appoint Michael Lowder of the for reporting and drawing funds: 83.537, [FEMA±1304±DR] Federal Emergency Management Agency Community Disaster Loans; 83.538, Cora to act as the Federal Coordinating Brown Fund Program; 83.539, Crisis Arizona; Major Disaster and Related Counseling; 83.540, Disaster Legal Services Determinations Officer for this declared disaster. I do hereby determine the following Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression areas of the State of Arizona to have AGENCY: Federal Emergency Assistance; 83.543, Individual and Family Management Agency (FEMA). been affected adversely by this declared Grant (IFG) Program; 83.544, Public ACTION: Notice. major disaster: Assistance Grants; 83.545, Disaster Housing Maricopa County for Individual Program; 83.548, Hazard Mitigation Grant SUMMARY: This is a notice of the Assistance. Program.) Presidential declaration of a major All counties within the State of Patricia Stahlschmidt, disaster for the State of Arizona (FEMA– Arizona are eligible to apply for Division Director, Response and Recovery 1304–DR), dated October 15, 1999, and assistance under the Hazard Mitigation Directorate. related determinations. Grant Program. [FR Doc. 99–29032 Filed 11–4–99; 8:45 am] EFFECTIVE DATE: October 15, 1999. (The following Catalog of Federal Domestic BILLING CODE 6718±02±P FOR FURTHER INFORMATION CONTACT: Assistance Numbers (CFDA) are to be used Madge Dale, Response and Recovery for reporting and drawing funds: 83.537, Directorate, Federal Emergency Community Disaster Loans; 83.538, Cora FEDERAL EMERGENCY Management Agency, Washington, DC Brown Fund Program; 83.539, Crisis MANAGEMENT AGENCY 20472, (202) 646–3772. Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment SUPPLEMENTARY INFORMATION: Notice is [FEMA±1306±DR] hereby given that, in a letter dated Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family Florida; Amendment No. 1 to Notice of October 15, 1999, the President declared Grant (IFG) Program; 83.544, Public a major disaster under the authority of Assistance Grants; 83.545, Disaster Housing a Major Disaster Declaration the Robert T. Stafford Disaster Relief Program; 83.548, Hazard Mitigation Grant and Emergency Assistance Act (42 Program.) AGENCY: Federal Emergency U.S.C. 5121 et seq.), as follows: James L. Witt, Management Agency (FEMA). I have determined that the damage in Director. ACTION: Notice. certain areas of the State of Arizona, resulting [FR Doc. 99–29033 Filed 11–4–99; 8:45 am] from severe storms, flooding and high winds BILLING CODE 6718±02±P SUMMARY: This notice amends the notice on September 14–23, 1999, is of sufficient severity and magnitude to warrant a major of a major disaster for the State of Florida, (FEMA–1306–DR), dated disaster declaration under the Robert T. FEDERAL EMERGENCY Stafford Disaster Relief and Emergency October 20, 1999, and related Assistance Act, P.L. 93–288, as amended MANAGEMENT AGENCY determinations. (‘‘the Stafford Act’’). I, therefore, declare that [FEMA±1302±DR] EFFECTIVE DATE: such a major disaster exists in the State of October 22, 1999. Arizona. Connecticut; Amendment No. 4 to FOR FURTHER INFORMATION CONTACT: In order to provide Federal assistance, you Notice of a Major Disaster Declaration Madge Dale, Response and Recovery are hereby authorized to allocate from funds Directorate, Federal Emergency available for these purposes, such amounts as AGENCY: Federal Emergency Management Agency, Washington, DC you find necessary for Federal disaster Management Agency (FEMA). assistance and administrative expenses. 20472, (202) 646–3772. ACTION: Notice. You are authorized to provide Individual SUPPLEMENTARY INFORMATION: The notice Assistance and Hazard Mitigation in the SUMMARY: This notice amends the notice of a major disaster for the State of designated areas and any other forms of of a major disaster for the State of assistance under the Stafford Act you may Florida is hereby amended to include deem appropriate. Consistent with the Connecticut (FEMA–1302–DR), dated the Public Assistance program among requirement that Federal assistance be September 23, 1999, and related those areas determined to have been supplemental, any Federal funds provided determinations. adversely affected by the catastrophe under the Stafford Act for Hazard Mitigation EFFECTIVE DATE: October 25, 1999. declared a major disaster by the will be limited to 75 percent of the total FOR FURTHER INFORMATION CONTACT: President in his declaration of October eligible costs. If Public Assistance is later 20, 1999: warranted, Federal funds provided under Madge Dale, Response and Recovery that program will also be limited to 75 Directorate, Federal Emergency Brevard, Broward, Dade, Indian River, percent of the total eligible costs. Management Agency, Washington, DC Martin, Monroe, Okeechobee, Palm Beach, Further, you are authorized to make 20472, (202) 646–3772. and St. Lucie for Public Assistance (already changes to this declaration to the extent SUPPLEMENTARY INFORMATION: The notice designated for Individual Assistance). allowable under the Stafford Act. of a major disaster for the State of (The following Catalog of Federal Domestic The time period prescribed for the Connecticut is hereby amended to Assistance Numbers (CFDA) are to be used implementation of section 310(a), include the following area among those for reporting and drawing funds: 83.537, areas determined to have been adversely Community Disaster Loans; 83.538, Cora Priority to Certain Applications for Brown Fund Program; 83.539, Crisis affected by the catastrophe declared a Public Facility and Public Housing Counseling; 83.540, Disaster Legal Services Assistance, 42 U.S.C. 5153, shall be for major disaster by the President in his Program; 83.541, Disaster Unemployment a period not to exceed six months after declaration of September 23, 1999: Assistance (DUA); 83.542, Fire Suppression the date of this declaration. Litchfield County for Public Assistance Assistance; 83.543, Individual and Family Notice is hereby given that pursuant (already designated for Individual Grant (IFG) Program; 83.544, Public to the authority vested in the Director of Assistance). Assistance Grants; 83.545, Disaster Housing
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Program; 83.548, Hazard Mitigation Grant FEDERAL EMERGENCY (FHLBanks) to offer single-family Program.) MANAGEMENT AGENCY Member Mortgage Asset (MMA) Robert J. Adamcik, programs within certain defined [FEMA±1296±DR] Deputy Associate Director, Response and parameters, terms and conditions, including the Mortgage Purchase Recovery Directorate. New York; Amendment No. 4 to Notice Program (MPP) proposal that was jointly [FR Doc. 99–29034 Filed 11–4–99; 8:45 am] of a Major Disaster Declaration submitted to the Finance Board by the BILLING CODE 6718±02±P AGENCY: Federal Emergency FHLBanks of Cincinnati, Indianapolis Management Agency (FEMA). and Seattle. Notice of the proposed MPP FEDERAL EMERGENCY ACTION: Notice. program was published in the Federal MANAGEMENT AGENCY Register on August 12, 1999, 64 FR SUMMARY: This notice amends the notice 44016, and the application was of a major disaster for the State of New subsequently made available to the [FEMA±1306±DR] York, (FEMA–1296–DR), dated public through the Finance Board’s September 19, 1999, and related website, 64 FR 49187 (September 10, Florida; Amendment No. 3 to Notice of determinations. 1999). While it is not obligated to a Major Disaster Declaration EFFECTIVE DATE: October 28, 1999. provide further notice of the MPP program before it is implemented, the AGENCY: FOR FURTHER INFORMATION CONTACT: Federal Emergency Finance Board hereby provides notice Madge Dale, Response and Recovery Management Agency (FEMA). that the MPP program will not be Directorate, Federal Emergency implemented by the FHLBanks of ACTION: Notice. Management Agency, Washington, DC Cincinnati, Indianapolis or Seattle until 20472, (202) 646–3772. SUMMARY: This notice amends the notice the staff of the Office of Supervision has SUPPLEMENTARY INFORMATION: The notice conducted a pre-implementation of a major disaster for the State of of a major disaster for the State of New Florida, (FEMA–1306–DR), dated examination of each FHLBank and has York is hereby amended to include the confirmed that appropriate program October 20, 1999, and related following areas among those areas determinations. policies, procedures and controls have determined to have been adversely been established at each FHLBank. In no EFFECTIVE DATE: October 28, 1999. affected by the catastrophe declared a case shall implementation occur prior to major disaster by the President in his 30-days from the date of this notice. FOR FURTHER INFORMATION CONTACT: declaration of September 19, 1999: Madge Dale, Response and Recovery DATES: Comments must be received in The counties of Suffolk and Nassau for Directorate, Federal Emergency writing on or before December 6, 1999. Public Assistance. ADDRESSES: Individuals wishing to Management Agency, Washington, DC (The following Catalog of Federal Domestic 20472, (202) 646–3772. submit comments should provide Assistance Numbers (CFDA) are to be used written comments by mail to: Elaine L. SUPPLEMENTARY INFORMATION: The notice for reporting and drawing funds: 83.537, Baker, Secretary to the Board, Federal Community Disaster Loans; 83.538, Cora of a major disaster for the State of Brown Fund Program; 83.539, Crisis Housing Finance Board, 1777 F Street, Florida is hereby amended to include Counseling; 83.540, Disaster Legal Services NW, Washington, DC 20006. Comments the following areas among those areas Program; 83.541, Disaster Unemployment will be available for public inspection at determined to have been adversely Assistance (DUA); 83.542, Fire Suppression this address. affected by the catastrophe declared a Assistance; 83.543, Individual and Family BACKGROUND: The FHLBanks of major disaster by the President in his Grant (IFG) Program; 83.544, Public Cincinnati, Indianapolis and Seattle declaration of October 20, 1999: Assistance Grants; 83.545, Disaster Housing jointly submitted to the Finance Board Program; 83.548, Hazard Mitigation Grant a proposal to initiate a pilot program to Flagler County for Public Assistance. Program.) Volusia County for Public Assistance purchase fixed-rate, single-family Lacy E. Suiter, mortgages from member financial (already designated for Individual Executive Associate Director, Response and Assistance). institutions subject to the establishment Recovery Directorate. of a first loss account through which the (The following Catalog of Federal Domestic [FR Doc. 99–29031 Filed 11–4–99; 8:45 am] member financial institution bears Assistance Numbers (CFDA) are to be used BILLING CODE 6718±02±P responsibility for losses up to the for reporting and drawing funds: 83.537, amount of expected losses on the Community Disaster Loans; 83.538, Cora mortgages or mortgage pools. The Brown Fund Program; 83.539, Crisis FEDERAL HOUSING FINANCE BOARD member would provide additional loss Counseling; 83.540, Disaster Legal Services coverage through supplemental loan- Program; 83.541, Disaster Unemployment [99±N±16] Assistance (DUA); 83.542, Fire Suppression level mortgage insurance from a Assistance; 83.543, Individual and Family Pilot Mortgage Program Proposed by mortgage insurer rated not lower than Grant (IFG) Program; 83.544, Public the Federal Home Loan Banks of double-A. Res. 99–50 authorized the FHLBanks Assistance Grants; 83.545, Disaster Housing Cincinnati, Indianapolis and Seattle Program; 83.548, Hazard Mitigation Grant to establish and operate MMA programs, Program.) AGENCY: Federal Housing Finance a generic designation for programs that Board. efficiently allocate mortgage risks so as Lacy E. Suiter, ACTION: Notice. to best use the core competencies of the Executive Assoiate Director, Response and entities involved, provide appropriate Recovery Directorate. SUMMARY: On October 4, 1999, the capital treatment to the participating [FR Doc. 99–29035 Filed 11–4–99; 8:45 am] Federal Housing Finance Board financial institution members, and BILLING CODE 6718±02±P (Finance Board) adopted Finance Board provide capital market funding and risk Resolution No. 99–50 (Res. 99–50) management alternatives, all for the authorizing Federal Home Loan Banks ultimate benefit of consumers. MPP, as
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National Bank of McLeansboro, The terms and conditions of Res. 99– McLeansboro, Illinois. 50 require, among other things, that [FR Doc. 99–29197 Filed 11–3–99; 2:39 pm] In connection with this application, Finance Board staff determinations BILLING CODE 6730±01±M Applicant also has applied to engage in regarding a FHLBank’s request to insurance activities in a town with a operate a single-family MMA program population not exceeding 5,000, shall be subject to a pre-implementation FEDERAL RESERVE SYSTEM pursuant to § 225.28(b)(11)(iii) of safety and soundness examination. Regulation Y. Therefore, the MPP program will not be Formations of, Acquisitions by, and C. Federal Reserve Bank of Dallas implemented by the FHLBanks of Mergers of Bank Holding Companies (W. Arthur Tribble, Vice President) 2200 Cincinnati, Indianapolis or Seattle until The companies listed in this notice North Pearl Street, Dallas, Texas 75201- the completion of a pre-implementation have applied to the Board for approval, 2272: examination, and in no case shall pursuant to the Bank Holding Company 1. Ruff Partners, Ltd., Longview, implementation occur prior to the end Act of 1956 (12 U.S.C. 1841 et seq.) Texas; to become a bank holding of the 30-day notice period provided (BHC Act), Regulation Y (12 CFR Part company by acquiring 44.89 percent of hereby. This notice applies only to MPP 225), and all other applicable statutes the voting shares of The First State Bank and not to previously authorized and and regulations to become a bank of Hallsville, Hallsville, Texas. currently operating MMA programs that holding company and/or to acquire the Board of Governors of the Federal Reserve have already undergone pre- assets or the ownership of, control of, or System, November 1, 1999. implementation and other safety and the power to vote shares of a bank or Robert deV. Frierson, soundness examinations. Comments on bank holding company and all of the Associate Secretary of the Board. the concept of MMA may be submitted banks and nonbanking companies [FR Doc. 99–28969 Filed 11–4–99; 8:45 am] to the Finance Board on or before owned by the bank holding company, BILLING CODE 6210±01±F December 27, 1999 in the context of the including the companies listed below. Finance Board’s ongoing Financial The applications listed below, as well Management and Mission Achievement as other related filings required by the FEDERAL RESERVE SYSTEM rulemaking proposal, 64 FR 52163 Board, are available for immediate (September 27, 1999). In this regard, the inspection at the Federal Reserve Bank Sunshine Act Meeting Finance Board is making Res. 99–50 indicated. The application also will be AGENCY HOLDING THE MEETING: Board of available through its website (http:// available for inspection at the offices of Governors of the Federal Reserve www.fhfb.gov) in the ‘‘What’s New’’ the Board of Governors. Interested System. section persons may express their views in FOR FURTHER INFORMATION CONTACT: writing on the standards enumerated in TIME AND DATE: 10:00 a.m., Wednesday, Christina K. Muradian, Senior Financial the BHC Act (12 U.S.C. 1842(c)). If the November 10, 1999. Analyst, Office of Policy, Research and proposal also involves the acquisition of PLACE: Marriner S. Eccles Federal Analysis (202) 408–2584, Federal a nonbanking company, the review also Reserve Board Building, 20th and C Housing Finance Board, 1777 F Street, includes whether the acquisition of the Streets, N.W., Washington, D.C. 20551. NW, Washington, DC. nonbanking company complies with the STATUS: Closed. Bruce A. Morrison, standards in section 4 of the BHC Act MATTERS TO BE CONSIDERED: Chairman. (12 U.S.C. 1843). Unless otherwise 1. Personnel actions (appointments, [FR Doc. 99–29027 Filed 11–4–99; 8:45 am] noted, nonbanking activities will be promotions, assignments, BILLING CODE 6725±01±P conducted throughout the United States. reassignments, and salary actions) Unless otherwise noted, comments involving individual Federal Reserve regarding each of these applications System employees. 2. Any matters carried forward from a FEDERAL MARITIME COMMISSION must be received at the Reserve Bank indicated or the offices of the Board of previously announced meeting. Sunshine Act Meeting Governors not later than November 29, CONTACT PERSON FOR MORE INFORMATION: 1999. Lynn S. Fox, Assistant to the Board; AGENCY HOLDING THE MEETING: Federal A. Federal Reserve Bank of 202–452–3204. Maritime Commission. Richmond (A. Linwood Gill III, SUPPLEMENTARY INFORMATION: You may FEDERAL REGISTER CITATION OF PREVIOUS Assistant Vice President) 701 East Byrd call 202–452–3206 beginning at ANNOUNCEMENT: 64 FR 59177 Street, Richmond, Virginia 23261-4528: approximately 5 p.m. two business days PREVIOUSLY ANNOUNCED TIME AND DATE OF 1. Coastal Banking Company, Inc., before the meeting for a recorded THE MEETING: 10:00 A.M.—November 9, Beaufort, South Carolina; to become a announcement of bank and bank 1999. bank holding company by acquiring 100 holding company applications CHANGE IN THE MEETING: percent of the voting shares of scheduled for the meeting; or you may Removal of item in the OPEN portion Lowcountry National Bank (in contact the Board’s Web site at http:// of the meeting. organization), Beaufort, South Carolina. www.federalreserve.gov for an Item 1—Docket No. 99–10—Ocean B. Federal Reserve Bank of St. Louis electronic announcement that not only Common Carriers Subject to the (Randall C. Sumner, Vice President) 411 lists applications, but also indicates Shipping Act of 1984. The Federal Locust Street, St. Louis, Missouri 63102- procedural and other information about Maritime Commission has withdrawn 2034: the meeting.
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Dated: November 3, 1999 Title: Head Start Grant Application disk and can be transmitted Robert deV. Frierson, and Budget Instrument. electronically to Regional Offices. The Associate Secretary of the Board. OMB No.: 0970–0207. Administration on Children, Youth and [FR Doc. 99–29139 Filed 11–3–99; 11:44 am] Description: The Head Start program Families believes that, in promulgating BILLING CODE 6210±01±P is promulgating a Head Start Grant this application document, the process Application and Budget Instrument to of applying for grants for the Head Start standardize the grant application program will be more efficient for the DEPARTMENT OF HEALTH AND information which is requested from all applicants. HUMAN SERVICE grantees applying for continuation Respondents: State, Local or Tribal grants. The Bureau is also instituting a Govt. Administration for Children and three-year grant funding cycle so that Families applicants will only submit full Proposed Information Collection applications in their first year of their Activity; Comment Request three-year funding cycle. In addition, the Grant Application and Budget Proposed Project: Instrument will be available on a data
ANNUAL BURDEN ESTIMATES
Number of re- Average bur- Instrument Number of sponses per den hours per Total burden respondents respondent response hours
Head Start GABI ...... 1513 1 33 49,929
Estimated Total Annual Burden Dated: November 1, 1999. Type of Information Request: Hours: 49,929. Bob Sargis, Extension of a currently approved In Compliance with the requirements Acting Reports Clearance Officer. collection; Title of Information of Section 3506(c)(2)(A) of the [FR Doc. 99–29021 Filed 11–4–99; 8:45 am] Collection: Feedback Postcard; HCFA BILLING CODE 4184±01±M Form Number: HCFA–R–0276 (OMB Paperwork Reduction Act of 1995, the # Administration for Children and approval : 0938–0766); Use: The purpose of this collection is post- Families is soliciting public comment DEPARTMENT OF HEALTH AND distribution testing. This feedback on the specific aspects of the HUMAN SERVICES postcard will be printed with Medicare information collection described above. & You 2000. This is the primary vehicle Copies of the proposed collection of Health Care Financing Administration for presenting Medicare information to information can be obtained and [Document Identifier: HCFA±R±0276] beneficiaries. Each household with up comments may be forwarded by writing to 4 Medicare beneficiaries will receive to the Administration for Children and Agency Information Collection one book. Households with over 4 Families, Office of Information Services, Activities: Submission for OMB beneficiaries will have one book sent to 370 L’Enfant Promenade, S.W., Review; Comment Request each beneficiary. (It is assumed these Washington, D.C. 20447, Attn: ACF AGENCY: Health Care Financing may be nursing homes/care facilities.) Reports Clearance Officer. All requests The beneficiaries have the option of should be identified by the title of the Administration, HHS. In compliance with the requirement completing the postcard, which will information collection. of section 3506(c)(2)(A) of the provide HCFA with valuable The Department specifically requests Paperwork Reduction Act of 1995, the information that will assist in improving comments on: (a) whether the proposed Health Care Financing Administration future versions of the publication.; collection of information is necessary (HCFA), Department of Health and Frequency: On occasion and Annually; for the proper performance of the Human Services, is publishing the Affected Public: Individuals or functions of the agency, including following summary of proposed Households; Number of Respondents: whether the information shall have collections for public comment. 16,834,000 (estimate); Total Annual practical utility; (b) the accuracy of the Interested persons are invited to send Responses: 510,000 (3% estimate); Total Annual Burden Hours: 25,500. agency’s estimate of the burden of the comments regarding this burden proposed collection of information; (c) estimate or any other aspect of this To obtain copies of the supporting the quality, utility, and clarity of the collection of information, including any statement and any related forms for the information to be collected; and (d) of the following subjects: (1) The proposed paperwork collections ways to minimize the burden of the necessity and utility of the proposed referenced above, access HCFA’s Web collection of information on information collection for the proper Site address at http://www.hcfa.gov/ respondents, including through the use performance of the agency’s functions; regs/prdact95.htm, or E-mail your of automated collection techniques or (2) the accuracy of the estimated request, including your address, phone burden; (3) ways to enhance the quality, number, OMB number, and HCFA other forms of information technology. utility, and clarity of the information to document identifier, to Consideration will be given to be collected; and (4) the use of [email protected], or call the Reports comments and suggestions submitted automated collection techniques or Clearance Office on (410) 786–1326. within 60 days of this publication. other forms of information technology to Written comments and minimize the information collection recommendations for the proposed burden. information collections must be mailed
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.134 pfrm03 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60451 within 30 days of this notice directly to DEPARTMENT OF HEALTH AND qualifications and performance, and the the OMB desk officer: OMB Human HUMAN SERVICES competence of individual investigators, Resources and Housing Branch, the disclosure of which would Attention: Allison Eydt, New Executive National Institutes of Health constitute a clearly unwarranted invasion of personal privacy. Office Building, Room 10235, National Institute of Arthritis and Washington, D.C. 20503. Musculoskeletal and Skin Diseases; Name of Committee: Board of Scientific Dated: October 12, 1999. Amended Notice of Meeting Counselors, National Institute of Dental and Craniofacial Research Craniofacial Dev. John P. Burke III, Notice is hereby given of a change in Biology & Regeneration Br., Craniofacial Epi. HCFA Reports Clearance Officer, HCFA Office the meeting of the Board of Scientific & Genetics Br. and Gene Therapy & of Information Services, Security and Counselors, NIAMS, November 8, 1999, Therapeutics Br. Standards Group, Division of HCFA 8:00 a.m. to November 8, 1999, 5:00 Date: December 2–3, 1999. Closed: December 2, 1999, 8:30 am to 9:00 Enterprise Standards. p.m., National Institutes of Health, 9000 [FR Doc. 99–29026 Filed 11–4–99; 8:45 am] am. Rockville Pike, Building 31; Room 4C32, Agenda: To review and evaluate personal BILLING CODE 4120±03±P NIAMS Conference Room, Bethesda, qualifications and performance, and Maryland 20892 which was published competence of individual investigators. in the Federal Register on October 28, Place: National Institutes of Health, DEPARTMENT OF HEALTH AND 1999, 64 FR 58076. National Institute of Dental & Craniofacial HUMAN SERVICES The meeting that was advertised as Res., Building 30, Conference 117, Bethesda, November 8, 1999 will now begin on MD 20892. National Institutes of Health November 7, 1999 at 6:30 p.m. at the Open: December 2, 1999, 9:00 am to 11:45 Bethesda Marriott, Bethesda, Maryland. am. National Center for Complementary & The second day of the meeting remains Agenda: Oral Presentations of laboratories. Alternative Medicine; Notice of Closed Place: National Institutes of Health, in the original location and at the same National Institute of Dental & Craniofacial Meeting time. The meeting is closed to the Res., Building 30, Conference 117, Bethesda, public. MD 20892. Pursuant to section 10(d) of the Dated: November 1, 1999. Closed: December 2, 1999, 11:45 am to 6:00 Federal Advisory Committee Act, as pm. Anna Snouffer, amended (5 U.S.C. Appendix 2), notice Agenda: To review and evaluate personal Acting Director, Office of Federal Advisory qualifications and performance, and is hereby given of the following Committee Policy. meeting. competence of individual investigators. [FR Doc. 99–28994 Filed 11–4–99; 8:45 am] Place: National Institutes of Health, The meeting will be closed to the BILLING CODE 4140±01±M National Institute of Dental & Craniofacial public in accordance with the Res., Building 30, Conference 117, Bethesda, provisions set forth in sections MD 20892. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND Open: December 3, 1999, 8:30 am to 11:45 as amended. The grant applications and HUMAN SERVICES am. Agenda: Oral Presentations of Laboratories. the discussions could disclose National Institutes of Health Place: National Institutes of Health, confidential trade secrets or commercial National Institute of Dental & Craniofacial property such as patentable material, National Institute of Dental & Res., Building 30, Conference 117, Bethesda, and personal information concerning Craniofacial Research; Notice of MD 20892. individuals associated with the grant Meeting Contact Person: Wendy A. Liffers, Director, applications, the disclosure of which Office of Science Policy & Analysis, National would constitute a clearly unwarranted Pursuant to section 10(d) of the Institute of Dental & Craniofacial Res., 31 Center Drive, Rm. 5B55, Bethesda, MD invasion of personal privacy. Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice 20892–2190. Name of Committee: National Center for is hereby given of a meeting of the (Catalogue of Federal Domestic Assistance Complementary and Alternative Medicine Board of Scientific Counselors, National Program Nos. 93.121, Oral Diseases and Special Emphasis Panel. Institute of Dental and Craniofacial Disorders Research, National Institutes of Health, HHS) Date: December 2, 1999. Research. Time: 2:00 pm to 3:00 pm. The meeting will be open to the Dated: October 29, 1999. Agenda: To review and evaluate grant public as indicated below, with Anna Snouffer, applications. attendance limited to space available. Acting Director, Office of Federal Advisory Place: 9000 Rockville Pike, Bldg 31, Room Individuals who plan to attend and Committee Policy. 5B50, Bethesda, MD 20892 (Telephone need special assistance, such as sign [FR Doc. 99–28996 Filed 11–4–99; 8:45 am] Conference Call). language interpretation or other BILLING CODE 4140±01±M Contact Person: Eugene G. Hayunga, reasonable accommodations, should Scientific Review Administrator, National notify the Contact Person listed below Institutes of Health, NCCAM, Building 31, in advance of the meeting. DEPARTMENT OF HEALTH AND Room 5B50, 9000 Rockville Pike, Bethesda, The meeting will be closed to the HUMAN SERVICES MD 20892, 301–594–2014, public as indicated below in accordance [email protected]. with the provisions set forth in section National Institutes of Health Dated: November 1, 1999. 552b(c)(6), Title 5 U.S.C., as amended National Institute of Diabetes and Anna Snouffer, for the review, discussion, and Digestive and Kidney Diseases; Notice Acting Director, Office of Federal Advisory evaluation of individual intramural of Closed Meetings Committee Policy. programs and projects conducted by the [FR Doc. 99–28995 Filed 11–4–99; 8:45 am] National Institute of Dental & Pursuant to section 10(d) of the BILLING CODE 4140±01±M Craniofacial Research, including Federal Advisory Committee Act, as consideration of personnel amended (5 U.S.C. Appendix 2), notice
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.113 pfrm03 PsN: 05NON1 60452 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices is hereby given of the following NIDDK, Natcher Building Room 6AS43H, DEPARTMENT OF HEALTH AND meetings. National Institutes of Health, Bethesda, MD HUMAN SERVICES The meetings will be closed to the 20892, (301) 594–7797. public in accordance with the (Catalogue of Federal Domestic Assistance National Institutes of Health provisions set forth in sections Program Nos. 93.847, Diabetes, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Endocrinology and Metabolic Research; Center for Scientific Review; Amended 93.848, Digestive Diseases and Nutrition Notice of Meeting as amended. The grant applications and Research; 93.849, Kidney Diseases, Urology the discussions could disclose and Hematology Research, National Institutes Notice is hereby given of a change in confidential trade secrets or commercial of Health, HHS) the meeting of the Center for Scientific property such as patentable material, Dated: October 29, 1999. Review Special Emphasis Panel, and personal information concerning Anna Snouffer, November 15, 1999, 8:00 AM to invididuals associated with the grant Acting Director, Office of Federal Advisory November 16, 1999, 6:00 PM, Hyatt applications, the disclosure of which Committee Policy. Regency Bethesda, One Bethesda Metro would constitute a clearly unwarranted [FR Doc. 99–28997 Filed 11–4–99; 8:45 am] Center, Bethesda, MD, 20814 which was invasion of personal privacy. BILLING CODE 4140±01±M published in the Federal Register on Name of Committee: National Institute of October 28, 1999, 64FR58079. Diabetes and Digestive and Kidney Diseases The meeting will be held from 8:30 Special Emphasis Panel; ZDK1 GRB B(C1). DEPARTMENT OF HEALTH AND AM to 5:00 PM. The dates and location Date: November 16, 1999. HUMAN SERVICES remain the same. The meeting is closed Time: 12:00 pm to 1:00 pm. to the public. Agenda: To review and evaluate contract National Institutes of Health proposals. Dated: October 29, 1999. Place: Natcher Building, 45 Center Drive, Anna Snouffer, Room 6AS.25S, Bethesda, Maryland, MD National Institute of Nursing Research; 20892, (Telephone Conference Call). Notice of Closed Meeting Acting Director, Office of Federal Advisory Committee Policy. Contact Person: Ned Feder, Scientific Pursuant to section 10(d) of the Review Administrator, Review Branch, DEA, [FR Doc. 99–28998 Filed 11–4–99; 8:45 am] Federal Advisory Committee Act, as NIDDK, Natcher Building Room 6AS25s, BILLING CODE 4140±01±M National Institutes of Health, Bethesda, MD amended (5 U.S.C. Appendix 2), notice 20892, (301) 594–8890. is hereby given of the following This notice is being published less than 15 meeting. days prior to the meeting due to the timing The meeting will be closed to the DEPARTMENT OF HOUSING AND limitations imposed by the review and public in accordance with the URBAN DEVELOPMENT funding cycle. provisions set forth in sections [Docket No. FR±4432±N±44] Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Diabetes and Digestive and Kidney Diseases as amended. The grant applications and Federal Property Suitable as Facilities Special Emphasis Panel; ZDK1 GRB 4 J2. the discussions could disclose To Assist the Homeless Date: December 1–2, 1999. confidential trade secrets or commercial Time: 7:30 pm to 6:00 pm. AGENCY: Office of the Assistant property such as patentable material, Agenda: To review and evaluate grant Secretary for Community Planning and and personal information concerning applications. Development, HUD. Place: Hobby Drury Inn, 7902 Mosley individuals associated with the grant Road, Houston TX 77061. applications, the disclosure of which ACTION: Notice. Contact Person: William E. Elzinga, would constitute a clearly unwarranted SUMMARY: This Notice identifies Scientific Review Administrator, Review invasion of personal privacy. Branch, DEA, NIDDK, Natcher Building unutilized, underutilized, excess, and Room 6AS25E, National Institutes of Health, Name of Committee: National institute of surplus Federal property reviewed by Bethesda, MD 20892–6600, (301) 594–8895. Nursing Research Special Emphasis Panel. HUD for suitability for possible use to Name of Committee: National Institute of Date: November 9, 1999. assist the homeless. Time: 1:00 PM to 2:00 PM. Diabetes and Digestive and Kidney Diseases EFFECTIVE DATE: November 5, 1999. Special Emphasis Panel; ZDK1 GRB 1 (J2). Agenda: To review and evaluate grant FOR FURTHER INFORMATION CONTACT: Date: December 9–10, 1999. applications. Time: 8:00 am to 5:00 pm. Place: Building 45, Room 3AN–18B, MD Clifford Taffet, Department of Housing Agenda: To review and evaluate grant 20892, (Telephone Conference Call). and Urban Development, Room 7262, applications. Contact Person: Mary J. Stephens-Frazier, 451 Seventh Street SW, Washington, DC Place: Courtyard by Marriott, 2899 Phd, Scientific Review Administrator, 20410; telephone (202) 708–1234; TTY Jefferson Davis Highway, Arlington, VA National Institute of Nursing Research, number for the hearing- and speech- 22203. National Institutes of Health, Natcher Building, Room 3AN32, Bethesda, MD 20892, impaired (202) 708–2565, (these Contact Person: Carolyn Miles, Scientific telephone numbers are not toll-free), or Review Administrator, Review Branch, DEA, (301) 594–5971. NIDDK, Natcher Building, Room 6AS–43A, This notice is being published less than 15 call the toll-free Title V information line National Institutes of Health, Bethesda, MD days prior to the meeting due to the timing at 1–800–927–7588. 20892, (301) 594–7791. limitations imposed by the review and SUPPLEMENTARY INFORMATION: In funding cycle. Name of Committee: National Institute of accordance with the December 12, 1988 Diabetes and Digestive and Kidney Diseases (Catalogue of Federal Domestic Assistance court order in National Coalition for the Special Emphasis Panel; ZDK1 GRB–2 J3P. Program Nos. 93.361, Nursing Research, Homeless v. Veterans Administration, Date: December 15–17, 1999. National Institutes of Health, HHS) No. 88–2503–OG (D.D.C.), HUD Time: 7:00 pm to 12:00 pm. Dated: October 29, 1999. publishes a Notice, on a weekly basis, Agenda: To review and evaluate grant Anna Snouffer, identifying unutilized, underutilized, applications. Acting Director, Office of Federal Advisory Place: Houston Marriott Medical Center, excess and surplus Federal buildings Committee Policy. 6580 Fannin Street, Houston, TX 77030. and real property that HUD has Contact Person: Shan S. Wong, Scientific [FR Doc. 99–28999 Filed 11–4–99; 8:45 am] reviewed for suitability for use to assist Review Administrator, Review Branch, DEA BILLING CODE 4140±01±M the homeless. Today’s Notice is for the
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.117 pfrm03 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60453 purpose of announcing that no Service, 100 North Park, Suite 320, The Control Plan has been carried out additional properties have been Helena, Montana 59604, or by accessing for 11 years to control problem wolves. determined suitable or unsuitable this the website. The Control Plan and the On February 27, 1998, a draft evaluation week. Reassessment can be retrieved from the of the Control Plan was completed to Dated: October 28, 1999. Service’s Region 6 website at see if it was achieving its goal of helping Fred Karnas, Jr.,
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.096 pfrm03 PsN: 05NON1 60454 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices educational efforts about wolf recovery as a NEP in northeastern North Carolina Dated: October 29, 1999. and management in northwestern on the Alligator River, Pocosin Lakes, H. Dale Hall, Montana. and Mattamuskeet National Wildlife Refuges; the U.S. Air Force’s Dare Acting Regional Director. Authority County Bombing Range; and adjacent [FR Doc. 99–29000 Filed 11–4–99; 8:45 am] The authority for this action is section private land in Beaufort, Dare, Hyde, BILLING CODE 4310±55±P 4(f) of the Endangered Species Act, 16 Tyrrell, and Washington Counties, U.S.C. 1533(f). North Carolina; and as an endangered DEPARTMENT OF THE INTERIOR Dated: October 28, 1999. species in three small island Terry Terrell, propagation projects located on Bulls Bureau of Land Management Deputy Regional Director, Denver, Colorado. Island in South Carolina and Cape St. George and St. Vincent Islands in [OR±090±00±2822±JL±N843; GP0±0024] [FR Doc. 99–29001 Filed 11–4–99; 8:45 am] Florida. These four carefully managed BILLING CODE 4310±55±P wild populations contained a minimum Closure of Public Lands in Lane of 48 animals as of September 30, 1999. County, OR DEPARTMENT OF THE INTERIOR The remaining red wolves are located in AGENCY: Bureau of Land Management, 33 captive-breeding facilities in the Interior. Fish and Wildlife Service United States. The captive population ACTION: Closure of public lands and numbered 161 animals as of September access road in Lane County, Oregon. Notice of Three Public Open Houses 30, 1999. Prior to Proposing a Revision to the We published a proposed rule in the SUMMARY: Notice is hereby given that Special Rule for a Nonessential Federal Register of July 24, 1986 (51 FR certain public lands and access road in Experimental Population of Red 26564), to introduce red wolves into Lane County, Oregon are indefinitely Wolves in North Carolina Alligator River, Dare County, North closed to all public use, including Carolina. We published a final rule on AGENCY: Fish and Wildlife Service, vehicle operation, recreation, hunting, November 19, 1986 (51 FR 41790), Interior. parking, camping, shooting, hiking and making a determination to implement sightseeing. The closure is made under ACTION: Notice of public open houses. the proposed action with some the authority of 43 CFR 8364.1. SUMMARY: We, the Fish and Wildlife modifications. We determined that the The public lands affected by this Service, announce three public open red wolf population in Dare County and closure are located within the Austa houses in eastern North Carolina to adjacent Hyde, Tyrrell, and Washington Fire Unit and are specifically identified present information to, and answer Counties would be a NEP, according to as follows: Section 10(j) of the Act. We revised the questions from the public prior to Willamette Meridian, Oregon rule in the Federal Register of proposing a change to the special rule T. 18 S., R. 8 W. for the nonessential experimental November 4, 1991 (56 FR 56325), to add Beaufort County to the list of counties Sec. 9: All lands south of the north right- population (NEP) of red wolves in of-way line of the Bonneville Power eastern North Carolina under section where the NEP designation would Administration Transmission line 10(j) of the Endangered Species Act of apply. We reevaluated the status of the Sec. 10: BLM Road No. 18–8–10 in the 1973, as amended (Act). population after 5 years and included S1⁄2S1⁄2 1 1 1 1 DATES AND ADDRESSES: We will hold the input from public meetings in this Sec.15: N ⁄2NW ⁄4, SW ⁄4NW ⁄4 first open house on Tuesday, November reevaluation. Containing approximately 450 acres. We published a proposed rule in the 16, 1999, at the Mattamuskeet Lodge, SUPPLEMENTARY INFORMATION: Federal Register of November 24, 1993 The Mattamuskeet National Wildlife Refuge, (58 FR 62086), to revise the special rule following persons, operating within the 1 Mattamuskeet Refuge Road, Swan for NEPs of red wolves in North scope of their official duties, are exempt Quarter, North Carolina 27885, from Carolina and Tennessee. We published from the provisions of this closure 4:30 pm to 7:30 pm. The second open a final rule in the Federal Register of order: Bureau of Land Management house will be on Wednesday, November April 13, 1995 (60 FR 18940), making a (BLM) and Bonneville Power 17, 1999, at the Vernon James Research determination to implement the Administration (BPA) employees; BLM & Extension Conference Center, 207 proposed action with some and BPA contractors and their Research Station Road, Plymouth, North modifications. subcontractors; State of Oregon, local Carolina 27962, from 4:30 pm to 7:30 We will hold three public open and other federal government pm. The third open house will be on houses in eastern North Carolina. employees; State of Oregon, local and Thursday, November 18, 1999, at Tyrrell Through these open houses, we will other federal contractors and their Hall, 108 South Water Street, Columbia, provide the public with a forum to subcontractors; the holders of BLM road North Carolina 27925, from 4:30 pm to obtain information and ask questions of use permits that include roads within 7:30 pm. us before we request their formal the closure area; purchasers of BLM FOR FURTHER INFORMATION CONTACT: Mr. comment through the rulemaking resources within the closure area and Brian T. Kelly, Wildlife Biologist/Field process. their employees and subcontractors. Projects Coordinator, U.S. Fish and Access by additional parties may be Wildlife Service, P.O. Box 1969, 708 Author allowed, but must be approved in North Highway 64/264, Manteo, North The primary author of this notice is advance in writing by the Authorized Carolina 27954 (telephone 252/473– Brian T. Kelly (see FOR FURTHER Officer. 1131, extension 27). INFORMATION CONTACT section). Any person who fails to comply with SUPPLEMENTARY INFORMATION: the provisions of this closure order may Authority be subject to, but not limited to, the Background The authority for this action is the penalties provided in 43 CFR 8360.0–7, The red wolf is an endangered species Endangered Species Act of 1973, as which include a fine not to exceed that is currently found in the wild only amended, 16 U.S.C. 1531 et seq. $1,000 and/or imprisonment not to
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.070 pfrm03 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60455 exceed 12 months, as well as the Act of 1969, the National Park Service adjacent landowners, and operational penalties provided under Oregon State (NPS) announces the availability of a efficiency. law. Draft Environmental Impact Statement FOR FURTHER INFORMATION CONTACT: The public lands closed to public use and General Management Plan (DEIS/ Contact Superintendent, Chiricahua under this order will be posted with GMP) for Chiricahua National National Monument, at the above signs at points of public access. Monument, Arizona. address and telephone number. The purpose of this closure is to DATES: The DEIS/GMP will remain protect persons from injury incurred by Dated: October 27, 1999. available for public review through falling or moving debris and/or Michael D. Snyder, January 30, 2000. If any public meetings conditions which create potential for Director, Intermountain Region, National are held concerning the DEIS/GMP, they slips and falls, especially on steep Park Service. will be announced at a later date. slopes. The recent Austa Fire created [FR Doc. 99–28974 Filed 11–4–99; 8:45 am] extreme hazards. Dead and dying trees ADDRESSES: Comments on the DEIS/ BILLING CODE 4310±70±P were left on unstable, vegetationless GMP should be sent to the ground. Unstable objects are numerous Superintendent, Chiricahua National throughout the unit. Weather conditions Monument, Dos Cabezas Route, Box DEPARTMENT OF THE INTERIOR such as rain and wind will escalate the 6500, Willcox, Arizona 85643–9737. likelihood that objects will break loose Public reading copies of the DEIS/GMP National Park Service and roll down hill and dead trees will will be available for review at the following locations: Winter Use Plan, Draft Environmental fall unexpectedly. These hazardous Impact Statement for the Yellowstone conditions are expected to remain for Office of the Superintendent, and Grand Teton National Parks and several years as this fire occurred in Chiricahua NM, Dos Cabezas Route, John D. Rockefeller, Jr., Memorial Late Successional Reserve (LSR) lands Box 6500, Willcox, Arizona 85643– Parkway, Wyoming which are reserved from intense 9737, telephone: (520) 824–3560 management practices. Lane County has Planning and Environmental Quality, AGENCY: National Park Service, already closed a segment of its county Intermountain Support Office— Department of the Interior. road (#4386), Stagecoach Road, at the Denver, National Park Service, P.O. ACTION: Notice of extension of time for bottom of this unit due to debris falling Box 25287, Denver, CO 80225–0287, review of draft environmental impact and rolling onto the road. A gate will be Telephone: (303) 969–2851 or (303) statement (DEIS). installed on BLM Road No. 18–8–10. 969–2377 DATES: This closure is effective from Office of Public Affairs, National Park SUMMARY: The National Park Service is November 1, 1999 and will continue Service, Department of Interior, 18th extending the public review period to until further notice. and C Streets NW, Washington, D.C. December 1, 1999 for the DEIS for the Winter Use Plan for Yellowstone and ADDRESSES: Copies of this closure notice 20240, Telephone: (202) 208–6843 Grand Teton National Parks and John D. and maps showing the location of the SUPPLEMENTARY INFORMATION: The Rockefeller, Jr., Memorial Parkway, closed lands are available from the DEIS/GMP analyzes 3 alternatives to Eugene District Office, P.O. Box 10226 Wyoming. The notice of availability for identify and assess the various the DEIS was published in the Federal (2890 Chad Drive), Eugene, Oregon management alternatives and related 97440. Register on October 1, 1999 (64 FR environmental impacts relative to park 53379). The public review period was FOR FURTHER INFORMATION CONTACT: operations, visitor use and access, originally to end on November 15, 1999. Diane Chung, Coast Range Field natural and cultural management, and DATES: Manager, Eugene District Office, at (541) general development at the monument. Pulic comments on the DEIS 683–6600 or 1–888–442–3061. The General Management Plan would should be submitted on or before guide the management of the Chiricahua December 1, 1999. There will be Dated: November 1, 1999. hearings on the DEIS. The hearing dates Dan Howells, National Monument for the next 12 to 15 years. and locations are: Acting Field Manager, Coast Range Resource • October 14, 1999, from 3 p.m. to 9 Alternative A, The National Park Area. p.m., in the Teton and Yellowstone Service proposal, identified as one of [FR Doc. 99–29002 Filed 11–4–99; 8:45 am] Rooms, at the Cavanaughs on the Falls, the alternatives, would retain most BILLING CODE 4310±33±P 475 River Parkway, Idaho Falls, Idaho. existing visitor experiences and would • October 21, 1999, from 3 p.m. to 9 construct a new headquarters/visitor p.m., in the Multi-purpose Room at the DEPARTMENT OF THE INTERIOR orientation/administrative area just West Yellowstone School, 500 Delacy outside park boundaries. Avenue (Entrance on N. Geyser Street), National Park Service Alternative B provides for a West Yellowstone, Montana. traditional park experience with • October 23, 1999, from 9 a.m. to 3 General Management Plan, Draft increased personal services and a small p.m., at the City/County Complex, 414 Environmental Impact Statement, number of facility enhancements. E. Callendar, Livingston, Montana. Chiricahua National Monument, The No-Action Alternative would • October 26, 1999, from 3 p.m. to 9 Arizona maintain visitor services and resource p.m., in the Cody Auditorium, 1240 AGENCY: National Park Service, protection at current limited levels Beck Avenue, Cody, Wyoming. Department of the Interior. throughout the life of the plan. • October 28, 1999, from 3 p.m. to 9 ACTION: Availability of Draft The DEIS/GMP in particular evaluates p.m., at the Teton County Library Environmental Impact Statement and the environmental consequences of the Auditorium, 125 Virginian Lane, proposed action and the other Jackson, Wyoming. General Management Plan for • Chiricahua National Monument. alternatives on visitor experience, November 3, 1999, from 3 p.m. to cultural resources, long-term health of 9 p.m., at the Four Points Denver West SUMMARY: Pursuant to section 102(2)(c) natural ecosystems, economic Hotel, 137 Union Boulevard, Lakewood, of the National Environmental Policy contribution to gateway communities, Colorado.
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ADDRESSES: Comments on the Winter maintaining trail markers, and the Advisory Council, the Federal Use Plan, Draft Environmental Impact administrative matters. Highway Administration, the Georgia Statement for the Yellowstone and The matters to be discussed include: Department of Natural Resources, Grand Teton National Parks and John D. A. Review comments and make representatives of a number of Rockefeller, Jr., Memorial Parkway recommendations for preferred Muscogean Indian tribes, and other should be sent to Clifford Hawkes, alternative. interested parties. A copy of the National Park Service, Denver Service B. Update on status of Cultural determination of eligibility is available Center, 12795 West Alameda Parkway, Resource Inventory. from the National Register of Historic Lakewood, Colorado 80228. Public C. Update on Scenic Byway Places, National Park Service, 1849 C reading copies of the plan are available Application. Street, NW, Room NC400, Washington, The meeting will be open to the on the Internet (nps.gov/planning/yell/ DC 20240. public. However, facilities and space for winteruse) and will be available for To establish precise boundaries for accommodating members of the public review at the following locations: the eligible district, the Keeper are limited and persons will be requested additional documentation. On Office of the Superintendent, National accommodated on first come, first serve Park Service, P.O. Box 168, July 23, 1999, the National Register basis. Any member of the public may completed the determination of Yellowstone National Park, Wyoming file a written statement concerning the eligibility for this property based on 82190, Telephone: (307) 344–2002 matters to be discussed with Lee additional material provided by the Office of the Superintendent, National Edwards, Trial Superintendent. Federal Highway Administration, Park Service, P.O. Drawer 170, Moose, Person wishing further information Indian tribal representatives, and others. Wyoming 83012, Telephone: (307) concerning this meeting, or who wish to Boundaries were established based on 739–3410 submit written statements may contact the extent of the historically significant Clifford Hawkes, National Park Service, Lee Edwards, Trail Superintendent, area that still retains the imprint of Denver Service Center, 12795 W. Selma to Montgomery National Historic traditional Muscogean culture, Alameda Parkway, Lakewood, Trail, P.O. Box 5690, Montgomery, Al excluding those areas which have lost Colorado 80228, Telephone: (303) 36103, telephone 334–353–3744 or 334– their ability to testify to their cultural or 969–2262 727–6390. archeological significance because of Office of Public Affairs, National Park Lee Edwards, non-historic residential, commercial, or Service, Department of the Interior, Trail Superintendent. industrial development. A copy of the 18th and C Streets NW, Washington, [FR Doc. 99–28970 Filed 11–4–99; 8:45 am] determination and a map showing the DC 20240, Telephone: (202) 208–6843 BILLING CODE 4310±70±P boundaries are also available from the FOR FURTHER INFORMATION CONTACT: National Register of Historic Places. Clifford Hawkes, National Park Service, Since the determination of eligibility Denver Service Center 12795 West DEPARTMENT OF THE INTERIOR was made, the Keeper of the National Alameda Parkway, Lakewood, Colorado Register has received written comments 80228. National Park Service from a property owner within the boundary of the determined eligible area Dated: October 28, 1999. Ocmulgee Old Fields Historic District; and from other interested parties Clifford L. Hawks, Determination of Eligibility for the questioning the boundaries established Job Captain, Denver Service Center, National National Register of Historic Places for the district. In order to accommodate Park Service. ACTION: Request for comments. those who wish to provide new [FR Doc. 99–28972 Filed 11–4–99; 8:45 am] information to define the scope of the BILLING CODE 4310±70±M On August 14, 1997, the National area that meets the National Register Register of Historic Places determined Criteria for Evaluation, the National that the Ocmulgee Old Fields Historic Park Service is providing a 60-day DEPARTMENT OF THE INTERIOR District, near Macon, in Bibb County, comment period on this issue. The Georgia, was eligible for listing in the National Park Service National Register Criteria for Evaluation National Register of Historic Places. The are set forth below. Selma to Montgomery National Historic district was determined to meet Anyone wishing to submit additional Trail Advisory Council; Notice of National Register Criterion A (associated information bearing on the scope of the Meeting with important events) in the area of area of the Ocmulgee Old Fields Ethnic Heritage: Native American, Historic District that meets the National Notice is hereby given in accordance because of the cultural and historical Register Criteria for Evaluation should with the Federal Advisory Committee significance of this area to the do so within 60 days of the date of this Act, Public Law 92–463, that a meeting Muscogean peoples who were forced to notice. A written statement on the of the Selma to Montgomery National abandon it in the early 19th century and determination of eligibility will be Historic Trail Advisory Council will be who still revere it as their ancestral issued by the National Park Service held December 6, 1999 at 9:00 a.m. until homeland. The district also was within 30 days of the close of the 4:00 p.m., at the town hall in Whitehall, determined to meet National Register comment period. Alabama. Criterion D (likely to yield important The determination of eligibility The Selma to Montgomery National information), because it has provided remains in effect pending review of Historic Trail Advisory Council was and can be expected to continue to responses submitted during the established pursuant to Public Law 100– provide important information on the comment period. In order to revise the 192 establishing the Selma to long history of the Macon Plateau and boundary the National Park Service Montgomery National Historic Trail. the Ocmulgee River valley. The finding must receive authoritative information, This law was put in place to advise the of eligibility was based on a request which, evaluated in conjunction with National Park Service on such issues as from the Advisory Council on Historic documentation already on file, results in preservation of trail routes and features, Preservation and included a review of a finding that the boundary for the public use, standards for posting and extensive documentation submitted by determined eligible district does not
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.042 pfrm03 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60457 accurately delineate the scope of the value, or which is the surviving announcement of such change to the district in accordance with established structure most importantly associated agenda was not possible. National Register standards. with a historic person or event; or Issued: November 2, 1999. Comments should be addressed to the (c) A birthplace or grave of a historical By order of the Commission. National Register of Historic Places, figure of outstanding importance if there Donna R. Koehnke, National Park Service, 1849 C Street, is no appropriate site or building Secretary. NW, Room NC400, Washington, DC directly associated with his productive 20240. life; or [FR Doc. 99–29162 Filed 11–3–99; 1:16 pm] Carol D. Shull, (d) A cemetery which derives its BILLING CODE 7020±02±P Keeper of the National Register of Historic primary significance from graves of Places, National Register, History and persons of transcendent importance, Education. from age, from distinctive design DEPARTMENT OF LABOR features, or from association with National Register Criteria for historic events; or Evaluation Employment Standards Administration (e) A reconstructed building when Wage and Hour Division The National Register criteria define, accurately executed in a suitable for the nation as a whole, the scope and environment and presented in a Minimum Wages for Federal and nature of historic and archeological dignified manner as part of a restoration Federally Assisted Construction; properties that are considered for listing master plan, and when no other General Wage Determination Decisions in the National Register of Historic building or structure with the same Places. association has survived; or General wage determination decisions The quality of significance in (f) A property primarily of the Secretary of Labor are issued in American history, architecture, commemorative in intent if design, age, accordance with applicable law and are archeology, engineering, and culture is tradition, or symbolic value has based on the information obtained by present in districts, sites, buildings, invested it with its own exceptional the Department of Labor from its study structures, and objects that possess significance; or of local wage conditions and data made integrity of location, design, setting, (g) A property achieving significance available from other sources. They materials, workmanship, feeling, and within the past 50 years if it is of specify the basic hourly wage rates and association and: exceptional importance. fringe benefits which are determined to A. That are associated with events [FR Doc. 99–28973 Filed 11–4–99; 8:45 am] be prevailing for the described classes of that have made a significant laborers and mechanics employed on contribution to the broad patterns of our BILLING CODE 4310±70±P construction projects of a similar history; or character and in the localities specified B. That are associated with the lives therein. of persons significant in our past; or INTERNATIONAL TRADE The determinations in these decisions C. That embody the distinctive COMMISSION of prevailing rates and fringe benefits characteristics of a type, period, or have been made in accordance with 29 method of construction, or that Sunshine Act Meeting CFR Part 1, by authority of the Secretary represent the work of a master, or that of Labor Pursuant to the provisions of possess high artistic values, or that Emergency Notice of Removal of the Davis-Bacon Act of March 3, 1931, represent a significant and Agenda Item as amended (46 Stat. 1494, as amended, distinguishable entity whose Agency Holding the Meeting: United 40 U.S.C. 276a) and of other Federal components may lack individual States International Trade Commission statutes referred to in 29 CFR Part 1, distinction; or Time and Date: November 9, 1999 at D. That have yielded, or may be likely 11:00 a.m. Appendix, as well as such additional to yield, information important to Place: Room 101, 500 E Street S.W., statutes as may from time to time be prehistory or history. Washington, DC 20436, Telephone: enacted containing provisions for the Ordinarily, cemeteries, birthplaces, or (202) 205–2000. payment of wages determined to be graves of historical figures, properties Status: Open to the public. prevailing by the Secretary of Labor in owned by religious institutions or used Removal of Agenda Item: Agenda accordance with the Davis-Bacon Act. for religious purposes, structures that Item #5: Inv. No. 701–TA–224 (Review) The prevailing rates and fringe benefits have been moved from their original (Live Swine from Canada)—briefing and determined in these decisions shall, in locations, reconstructed historic vote. accordance with the provisions of the buildings, properties primarily On October 29, 1999, the Department foregoing statutes, constitute the commemorative in nature, and of Commerce released its negative final minimum wages payable on Federal and properties that have achieved determination of the likelihood of federally assisted construction projects significance within the past 50 years continuation or recurrence of a to laborers and mechanics of the shall not be considered eligible for the countervailable subsidy in connection specified classes engaged on contract National Register. However, such with the subject five-year review. work of the character and in the properties will qualify if they are Accordingly, pursuant to section 751(c) localities described therein. integral parts of districts that do meet of the Tariff Act of 1930 (19 U.S.C. Good cause is hereby found for not the criteria or if they fall within the § 1675(c)), the five-year review of the utilizing notice and public comment following categories: countervailing duty order on Live Swine procedure thereon prior to the issuance (a) A religious property deriving from Canada (Inv. No. 701–TA–224 of these determinations as prescribed in primary significance from architectural (Review)), is terminated. In accordance 5 U.S.C. 553 and not providing for delay or artistic distinction or historical with 19 C.F.R. § 201.35, the Commission in the effective date as prescribed in that importance; or hereby announces removal of this five- section, because the necessity to issue (b) A building or structure removed year review from the agenda (agenda current construction industry wage from its original location but which is item #5) for the meeting of Tuesday, determinations frequently and in large significant primarily for architectural November 9, 1999. Earlier volume causes procedures to be
VerDate 29-OCT-99 16:44 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.XXX pfrm01 PsN: 05NON1 60458 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices impractical and contrary to the public Volume I VA990008 (Mar. 12, 1999) interest. Connecticut VA990012 (Mar. 12, 1999) CT990001 (Mar. 12, 1999) VA990014 (Mar. 12, 1999) General wage determination VA990015 (Mar. 12, 1999) decisions, and modifications and CT990003 (Mar. 12, 1999) Massachusetts VA990022 (Mar. 12, 1999) supersedes decisions thereto, contain no MA990003 (Mar. 12, 1999) VA990025 (Mar. 12, 1999) expiration dates and are effective from MA990007 (Mar. 12, 1999) VA990027 (Mar. 12, 1999) their date of notice in the Federal MA990008 (Mar. 12, 1999) VA990039 (Mar. 12, 1999) Register, or on the date written notice MA990010 (Mar. 12, 1999) VA990048 (Mar. 12, 1999) is received by the agency, whichever is MA990020 (Mar. 12, 1999) VA990052 (Mar. 12, 1999) earlier. These decisions are to be used MA990021 (Mar. 12, 1999) VA990053 (Mar. 12, 1999) in accordance with the provisions of 29 Maine VA990054 (Mar. 12, 1999) ME990005 (Mar. 12, 1999) VA990055 (Mar. 12, 1999) CFR Parts 1 and 5. Accordingly, the VA990058 (Mar. 12, 1999) applicable decision, together with any ME990010 (Mar. 12, 1999) ME990019 (Mar. 12, 1999) VA990063 (Mar. 12, 1999) modifications issued, must be made a ME990022 (Mar. 12, 1999) VA990078 (Mar. 12, 1999) part of every contract for performance of ME990025 (Mar. 12, 1999) VA990079 (Mar. 12, 1999) the described work within the ME990026 (Mar. 12, 1999) VA990080 (Mar. 12, 1999) geographic area indicated as required by ME990037 (Mar. 12, 1999) VA990081 (Mar. 12, 1999) an applicable Federal prevailing wage New Hampshire VA990092 (Mar. 12, 1999) law and 29 CFR Part 5. The wage rates NH990017 (Mar. 12, 1999) VA990099 (Mar. 12, 1999) New Jersey and fringe benefits, notice of which is Volume III published herein, and which are NJ990001 (Mar. 12, 1999) NJ990002 (Mar. 12, 1999) Alabama contained in the Government Printing NJ990003 (Mar. 12, 1999) AL990018 (Mar. 12, 1999) Office (GPO) document entitled NJ990005 (Mar. 12, 1999) Florida ‘‘General Wage Determinations Issued NJ990007 (Mar. 12, 1999) FL990001 (Mar. 12, 1999) Under The Davis-Bacon And Related NJ990009 (Mar. 12, 1999) FL990016 (Mar. 12, 1999) Act,’’ shall be the minimum paid by New York FL990076 (Mar. 12, 1999) contractors and subcontractors to NY990001 (Mar. 12, 1999) Mississippi laborers and mechanics. NY990002 (Mar. 12, 1999) MS990007 (Mar. 12, 1999) NY990003 (Mar. 12, 1999) North Carolina Any person, organization, or NY990005 (Mar. 12, 1999) NC990047 (Mar. 12, 1999) governmental agency having an interest NY990008 (Mar. 12, 1999) Volume IV in the rates determined as prevailing is NY990012 (Mar. 12, 1999) encouraged to submit wage rate and NY990018 (Mar. 12, 1999) Illinois fringe benefit information for NY990020 (Mar. 12, 1999) IL990001 (Mar. 12, 1999) consideration by the Department. NY990026 (Mar. 12, 1999) IL990002 (Mar. 12, 1999) IL990008 (Mar. 12, 1999) Further information and self- NY990049 (Mar. 12, 1999) NY990052 (Mar. 12, 1999) IL990010 (Mar. 12, 1999) explanatory forms for the purpose of NY990053 (Mar. 12, 1999) IL990011 (Mar. 12, 1999) submitting this data may be obtained by NY990061 (Mar. 12, 1999) IL990012 (Mar. 12, 1999) writing to the U.S. Department of Labor, NY990078 (Mar. 12, 1999) IL990013 (Mar. 12, 1999) Employment Standards Administration, IL990014 (Mar. 12, 1999) Wage and Hour Division, Division of Volume II IL990016 (Mar. 12, 1999) Wage Determinations, 200 Constitution Disctrict of Columbia IL990020 (Mar. 12, 1999) Avenue, NW, Room S–3014, DC990001 (Mar. 12, 1999) IL990024 (Mar. 12, 1999) Washington, DC 20210. DC990003 (Mar. 12, 1999) IL990025 (Mar. 12, 1999) Maryland IL990026 (Mar. 12, 1999) New General Wage Determination MD990001 (Mar. 12, 1999) IL990027 (Mar. 12, 1999) Decision MD990002 (Mar. 12, 1999) IL990030 (Mar. 12, 1999) MD990008 (Mar. 12, 1999) IL990032 (Mar. 12, 1999) The number of the decisions added to MD990009 (Mar. 12, 1999) IL990035 (Mar. 12, 1999) the Government Printing Office MD990011 (Mar. 12, 1999) IL990037 (Mar. 12, 1999) document entitled ‘‘General Wage MD990012 (Mar. 12, 1999) IL990039 (Mar. 12, 1999) Determinations Issued Under the Davis- MD990017 (Mar. 12, 1999) IL990041 (Mar. 12, 1999) MD990021 (Mar. 12, 1999) IL990042 (Mar. 12, 1999) Bacon and Related Acts’’ are listed by MD990026 (Mar. 12, 1999) IL990045 (Mar. 12, 1999) Volume and States: MD990030 (Mar. 12, 1999) IL990048 (Mar. 12, 1999) Volume III MD990034 (Mar. 12, 1999) IL990050 (Mar. 12, 1999) MD990035 (Mar. 12, 1999) IL990051 (Mar. 12, 1999) North Carolina MD990036 (Mar. 12, 1999) IL990052 (Mar. 12, 1999) NC990054 (Nov. 5, 1999) MD990037 (Mar. 12, 1999) IL990053 (Mar. 12, 1999) Modification to General Wage MD990039 (Mar. 12, 1999) IL990054 (Mar. 12, 1999) Determination Decisions MD990042 (Mar. 12, 1999) IL990055 (Mar. 12, 1999) MD990043 (Mar. 12, 1999) IL990056 (Mar. 12, 1999) The number of decisions listed in the MD990046 (Mar. 12, 1999) IL990066 (Mar. 12, 1999) Government Printing Office document MD990047 (Mar. 12, 1999) IL990069 (Mar. 12, 1999) entitle ‘‘General Wage Determinations MD990048 (Mar. 12, 1999) IL990070 (Mar. 12, 1999) Issued Under the Davis—Bacon and MD990050 (Mar. 12, 1999) Indiana MD990053 (Mar. 12, 1999) IN990001 (Mar. 12, 1999) Related Acts’’ being modified are listed MD990054 (Mar. 12, 1999) IN990002 (Mar. 12, 1999) by Volume and State. Dates of MD990056 (Mar. 12, 1999) IN990003 (Mar. 12, 1999) publication in the Federal Register are MD990057 (Mar. 12, 1999) IN990004 (Mar. 12, 1999) in parentheses following the decisions MD990058 (Mar. 12, 1999) IN990005 (Mar. 12, 1999) being modified. Virginia IN990006 (Mar. 12, 1999)
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IN990010 (Mar. 12, 1999) ND990029 (Mar. 12, 1999) Signed at Washington, D.C. this 29th day IN990024 (Mar. 12, 1999) ND990049 (Mar. 12, 1999) of October 1999. IN990039 (Mar. 12, 1999) Washington Margaret J. Washington, ND990050 (Mar. 12, 1999) Volume V: Acting Chief, Branch of Construction Wage WA990001 (Mar. 12, 1999) Determinations. Iowa WA990002 (Mar. 12, 1999) IA990002 (Mar. 12, 1999) WA990003 (Mar. 12, 1999) [FR Doc. 99–28704 Filed 11–4–99; 8:45 am] IA990004 (Mar. 12, 1999) WA990007 (Mar. 12, 1999) BILLING CODE 4510±27±M IA990005 (Mar. 12, 1999) IA990010 (Mar. 12, 1999) Volume VII IA990014 (Mar. 12, 1999) California NATIONAL COUNCIL ON DISABILITY IA990016 (Mar. 12, 1999) CA990001 (Mar. 12, 1999) IA990071 (Mar. 12, 1999) CA990002 (Mar. 12, 1999) Advisory Committee Meeting/ IA990078 (Mar. 12, 1999) CA990004 (Mar. 12, 1999) Conference Call Kansas CA990009 (Mar. 12, 1999) KS990006 (Mar. 12, 1999) CA990028 (Mar. 12, 1999) AGENCY: National Council on Disability KS990009 (Mar. 12, 1999) CA990029 (Mar. 12, 1999) (NCD). KS990012 (Mar. 12, 1999) CA990030 (Mar. 12, 1999) KS990016 (Mar. 12, 1999) CA990031 (Mar. 12, 1999) SUMMARY: This notice sets forth the KS990018 (Mar. 12, 1999) CA990032 (Mar. 12, 1999) schedule of the forthcoming meeting/ KS990019 (Mar. 12, 1999) CA990033 (Mar. 12, 1999) conference call for NCD’s advisory KS990020 (Mar. 12, 1999) CA990034 (Mar. 12, 1999) committee—International Watch. Notice KS990021 (Mar. 12, 1999) CA990035 (Mar. 12, 1999) of this meeting is required under KS990022 (Mar. 12, 1999) CA990036 (Mar. 12, 1999) Section 10(a)(1)(2) of the Federal KS990023 (Mar. 12, 1999) CA990037 (Mar. 12, 1999) Advisory Committee Act (Pub. L. 92– KS990025 (Mar. 12, 1999) CA990038 (Mar. 12, 1999) KS990026 (Mar. 12, 1999) CA990039 (Mar. 12, 1999) 463). KS990069 (Mar. 12, 1999) CA990040 (Mar. 12, 1999) International Watch: The purpose of KS990070 (Mar. 12, 1999) CA990041 (Mar. 12, 1999) NCD’s International Watch is to share Missouri Hawaii information on international disability MO990001 (Mar. 12, 1999) HI990001 (Mar. 12, 1999) issues and to advise NCD’s International MO990002 (Mar. 12, 1999) Committee on developing policy General Wage Determination MO990003 (Mar. 12, 1999) proposals that will advocate for a Publication MO990004 (Mar. 12, 1999) foreign policy that is consistent with the MO990005 (Mar. 12, 1999) General wage determinations issued values and goals of the Americans with MO990006 (Mar. 12, 1999) MO990007 (Mar. 12, 1999) under the Davis-Bacon and related Acts, Disabilities Act. MO990009 (Mar. 12, 1999) including those noted above, may be DATES: December 15, 1999, 12:00 noon– MO990010 (Mar. 12, 1999) found in the Government Printing Office 1:00 p.m. est. MO990011 (Mar. 12, 1999) (GPO) document entitled ‘‘General Wage FOR INTERNATIONAL WATCH INFORMATION, MO990014 (Mar. 12, 1999) Determinations Issued Under The Davis- CONTACT: Kathleen A. Blank, Attorney/ MO990015 (Mar. 12, 1999) Bacon and Related Acts.’’ This Program Specialist, National Council on MO990020 (Mar. 12, 1999) publication is available at each of the 50 MO990041 (Mar. 12, 1999) Disability, 1331 F Street NW, Suite Regional Government Depository 1050, Washington, D.C. 20004; 202– MO990049 (Mar. 12, 1999) Libraries and many of the 1,400 MO990050 (Mar. 12, 1999) 272–2004 (Voice), 202–272–2074 (TTY) MO990051 (Mar. 12, 1999) Government Depository Libraries across 202–272–2022 (Fax), [email protected] MO990053 (Mar. 12, 1999) the country. (e-mail). MO990056 (Mar. 12, 1999) The general wage determinations Agency Mission: The National Council MO990066 (Mar. 12, 1999) issued under the Davis-Bacon and on Disability is an independent federal MO990069 (Mar. 12, 1999) related Acts are available electronically agency composed of 15 members Texas by subscription to the FedWorld TX990003 (Mar. 12, 1999) appointed by the President of the Bulletin Board System of the National United States and confirmed by the U.S. TX990007 (Mar. 12, 1999) Technical Information Service (NTIS) of TX990009 (Mar. 12, 1999) Senate. Its overall purpose is to promote TX990010 (Mar. 12, 1999) the U.S. Department of Commerce at 1– policies, programs, practices, and TX990017 (Mar. 12, 1999) 800–363–2068 procedures that guarantee equal TX990019 (Mar. 12, 1999) Hard-copy subscriptions may be opportunity for all people with TX990060 (Mar. 12, 1999) purchased from: Superintendent of disabilities, regardless of the nature of TX990061 (Mar. 12, 1999) Documents, U.S. Government Printing severity of the disability; and to TX990063 (Mar. 12, 1999) Office, Washington, D.C. 20402, (202) empower people with disabilities to Volume VI 512–1800. achieve economic self-sufficiency, Alaska When ordering hard-copy independent living, and inclusion and AK990001 (Mar. 12, 1999) subscription(s), be sure to specify the integration into all aspects of society. AK990002 (Mar. 12, 1999) State(s) of interest, since subscriptions This committee is necessary to AK990003 (Mar. 12, 1999) may be ordered for any or all of the provide advice and recommendations to AK990006 (Mar. 12, 1999) seven separate volumes, arranged by NCD on international disability issues. Idaho State. Subscriptions include an annual We currently have balanced ID990001 (Mar. 12, 1999) edition (issued in January or February) membership representing a variety of North Dakota ND990001 (Mar. 12, 1999) which includes all current general wage disabling conditions from across the ND990002 (Mar. 12, 1999) determinations for the States covered by United States. ND990019 (Mar. 12, 1999) each volume. Throughout the remainder Open Meeting/Conference Call: This ND990026 (Mar. 12, 1999) of the year, regular weekly updates are advisory committee meeting/conference ND990027 (Mar. 12, 1999) distributed to subscribers. call of the National Council on
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Disability will be open to the public. Committee Meetings NATIONAL SCIENCE FOUNDATION However, due to fiscal constraints and (Open to the Public) Policy Discussion staff limitations, a limited number of Special Emphasis Panel in 9–10:30 a.m.—Preservation and Access/ additional lines will be available. Bioengineering and Environmental Challenge Grants—Room 415 Individuals can also participate in the Systems; Notice of Meeting Public Programs—Room 420 conference call at the NCD office. Those Federal/State Partnership—Room 507 interested in joining this conference call In accordance with the Federal 11:30 a.m. until Adjourned—Research should contact the appropriate staff Advisory Committee Act (Pub. L. 92– Programs—Room M07 463, as amended), the National Science member listed above. Records will be Education Programs—Room M07 kept of all International Watch Foundation announces the following meetings/conference calls and will be (Closed to the Public) Discussion of specific meeting. grant applications and programs before the available after the meeting for public Name: Special Emphasis Panel in Council inspection at the National Council on Bioengineering and Environmental Systems Disability. 9–11:30 a.m.—Research Programs—Room (1189). Date/Time: November 18–19, 1999; 8:00 Signed in Washington, DC, on November 2, M07 1999. Education Programs—Room M07 a.m.–5 p.m. Place: National Science Foundation, 4201 Ethel D. Briggs, 10:30 a.m. until Adjourned—Preservation and Access/Challenge Grants—Room 415 Wilson Boulevard, Room 530, Arlington, VA. Executive Director. Public Programs—Room 420 Type of Meeting: Closed. Contact Person: Dr. Sochi Rastegar, [Doc. 99–29066 Filed 11–4–99; 8:45 am] Federal/State Partnership—Room 507 Program Director, Division of Bioengineering BILLING CODE 6820±MA±M 1.30–2:30 p.m.—Regional Humanities Center and Environmental Systems, National Meeting—Room 415 Science Foundation, 4201 Wilson Blvd., 1:30–2:30 p.m.—Jefferson Lecture—Room Arlington, VA 22230. (703) 306–1318. NATIONAL COUNCIL ON THE 430 Purpose of Meeting: To provide advice and HUMANITIES recommendations concerning proposals The morning session on November 19, submitted to NSF for financial support. Meeting 1999 will convene at 9:15 a.m., in the Agenda: To review and evaluate Exploratory Research and Biosystems at the November 1, 1999. 1st Floor Council Room M–09, and will be open to the public, as set out below. Nanoscale proposals as part of the selection Pursuant to the provisions of the process for awards. Federal Advisory Committee Act (Public The agenda for the morning session will be as follows: Reason for Closing: The proposals being L. 92–463, as amended) notice is hereby reviewed include information of a given the National Council on the proprietary or confidential nature, including Humanities will meet in Washington, Minutes of the Previous Meeting technical information; financial data, such as D.C. on November 18–19, 1999. Reports salaries; and personal information The purpose of the meeting is to A. Introductory Remarks and Presentations concerning individuals associated with the proposals. These matters are exempt under 5 advise the Chairman of the National B. Staff Report Council on the Humanities with respect U.S.C. 552b(c), (4) and (6) of the Government C. Congressional Report in the Sunshine Act. to policies, programs, and procedures D. Reports on Policy and General Matters Dated: November 1, 1999. for carrying out his functions, and to 1. Overview review applications for financial 2. Research Programs Karen J. York, support and gifts offered to the 3. Education Programs Committee Management Officer. Endowment and to make 4. Preservation and Access and Challenge [FR Doc. 99–28957 Filed 11–4–99; 8:45 am] recommendations thereon to the Grants BILLING CODE 7555±01±M Chairman. 5. Public Programs The meeting will be held in the Old 6. Federal/State Partnership Post Office Building, 1100 Pennsylvania 7. Jefferson Lecture NATIONAL SCIENCE FOUNDATION Avenue, N.W., Washington, D.C. A portion of the morning and afternoon The remainder of the proposed Special Emphasis Panel in Electrical sessions on November 18–19, 1999, will meeting will be given to the and Communications Systems; Notice not be open to the public pursuant to consideration of specific applications of Meeting subsections (c)(4), (6) and (9)(B) of and closed to the public for the reasons section 552b of Title 5, United States stated above. In accordance with the Federal Code because the Council will consider Advisory Committee Act (Pub. L. 92– Further information about this information that may disclose: trade 463, as amended), the National Science secrets and commercial or financial meeting can be obtained from Ms. Laura Foundation announces the following information obtained from a person and S. Nelson, Advisory Committee meeting. Management Officer, Washington, DC privileged or confidential; information Name: Special Emphasis Panel in of a personal nature the disclosure of 20506, or call area code (202) 606–8322, Electrical and Communications Systems which will constitute a clearly TDD (202) 606–8282. Advance notice of (1196). unwarranted invasion of personal any special needs or accommodations is Date/Time: November 8–9, 1999, 8:30 a.m. privacy; and information the disclosure appreciated. to 5 p.m. of which would significantly frustrate Laura S. Nelson, Place: National Science Foundation, 4201 implementation of proposed agency Wilson Blvd., Room 530, Arlington, VA. Advisory Committee Management Officer. Type of Meeting: Closed. action. I have made this determination [FR Doc. 99–28948 Filed 11–4–99; 8:45 am] Contact Person: Dr. Rajinder P. Khosla, under the authority granted me by the BILLING CODE 7536±01±M Program Director, Room 675, Division of Chairman’s Delegation of Authority Electrical and Communications Systems, dated July 19, 1993. National Science Foundation, 4201 Wilson The agenda for the session on Blvd., Arlington, VA 22230. Telephone: (703) November 18, 1999 will be as follows: 306–1339.
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Purpose of Meeting: To provide advice and NATIONAL SCIENCE FOUNDATION Purpose of Meeting: To provide advice and recommendations concerning proposals recommendations concerning proposals submitted to NSF for financial support. Special Emphasis Panel in Electrical submitted to the National Science Agenda: To review and evaluate CAREER and Communications Systems; Notice Foundation for financial support. proposals submitted in response to the of Meeting Agenda: To review and evaluate CISE program announcement (NSF 99–110). Research Experiences for Undergraduates Reason for Closing: The proposals being In accordance with the Federal proposals submitted in response to the program announcement (NSF 96-102). reviewed include information of a Advisory Committee Act (Pub. L. 92– Reason For Closing. The proposals being proprietary or confidential nature, including 463, as amended), the National Science reviewed include information of a technical information; financial data, such as Foundation announces the following proprietary or confidential nature, including salaries; and personal information meeting. technical information; financial data, such as concerning individuals associated with the Name: Special Emphasis Panel in salaries; and personal information proposals. These matters are exempt under 5 Electrical and Communications Systems concerning individuals associated with the U.S.C. 552b(c), (4) and (6) of the Government (1196) proposals. These matters are exempt under 5 in the Sunshine Act. Date/Time: November 15–16, 1999, 8:30 U.S.C. 552b(c), (4) and (6) of the Government Dated: November 1, 1999. a.m.–5:00 p.m. each day. in the Sunshine Act. Place: National Science Foundation, 4201 Karen J. York, Dated: November 1, 1999. Wilson Blvd., Room 380, Arlington, VA Karen J. York, Committee Management Officer. Type of Meeting: Closed [FR Doc. 99–28951 Filed 11–4–99; 8:45 am] Contact Person: Dr. Paul Werbos and Committee Management Office. BILLING CODE 7555±01±M Marjia Llic, Program Directors, Division of [FR Doc. 99–28956 Filed 11–4–99; 8:45am] Electrical and Communications Systems, BILLING CODE 7555±01±M Room 675, National Science Foundation, NATIONAL SCIENCE FOUNDATION 4201 Wilson Boulevard, Arlington, VA 22230. (703) 306–1340. NATIONAL SCIENCE FOUNDATION Purpose of Meeting: To provide advice and Special Emphasis Panel in Electrical recommendations concerning proposals and Communications Systems; Notice Special Emphasis Panel in submitted to NSF for financial support. Experimental Program To Stimulate of Meeting Agenda: To review and evaluate Computational Engineering proposals as part Competitive Research; Notice of In accordance with the Federal of the selection process for awards. Meeting Advisory Committee Act (Pub. L. 92– Reason for Closing: The proposals being In accordance with the Federal 463, as amended), the National Science reviewed include information of a proprietary or confidential nature, including Advisory Committee Act (Pub. L. 92– Foundation announces the following technical information; financial data, such as 463, as amended), the National Science meeting. salaries and personal information concerning Foundation announces the following Name: Special Emphasis Panel in individuals associated with the proposals. meeting. These matters are exempt under 5 U.S.C. Electrical and Communications Systems Name: Special Emphasis Panel in (1196) 552b (c)(4) and (6) of the Government in the Sunshine Act. Experimental Program to Stimulate Date/Time: November 16–17, 1999, 8:30 # Dated: November 1, 1999. Competitive Research ( 1198). a.m.–5 p.m. Date/Time: December 3, 1999, 8 a.m.–5:30 Place: National Science Foundation, 4201 Karen J. York, p.m. Wilson Blvd., Room 580, Arlington, VA Committee Management Officer. Place: Renaissance Hotel, 999 9th Street, Type of Meeting: Closed. [FR Doc. 99–28954 Filed 11–4–99; 8:45 am] NW, Washington, D.C. Contact Person: Dr. Rajinder Khosla, BILLING CODE 7555±01±M Type of Meeting: Closed. Program Director, Division of Electrical and Contract Person: Mr. James Hoehn, Head Communications Systems, Room 675, Office of Experimental Program to Stimulate National Science Foundation, 4201 Wilson NATIONAL SCIENCE FOUNDATION Competitive Research (EPSCoR), National Boulevard, Arlington, VA 22230. Telephone: Science Foundation, 4201 Wilson Boulevard, (703) 306–1340. Special Emphasis Panel in Room 875, Arlington, VA 22230. Telephone: (703) 306–1683. Purpose of Meeting: To provide advice and Experimental and Integrative Purpose of Meeting: To provide advice and recommendations concerning proposals Activities; Notice of Meeting recommendations concerning EPSCoR submitted to NSF for financial support. Cooperative Agreement proposals submitted Agenda: To review and evaluate In accordance with the Federal Advisory Committee Act (Pub. L. 92– to the NSF EPSCoR program for financial Computational Engineering proposals as part support. of the selection process for awards. 463, as amended), the National Science Agenda: To review and evaluate proposals Reason for Closing: The proposals being Foundation announces the following as part of the selection process for awards. reviewed include information of a meeting. Reason for Closing: The proposals being proprietary or confidential nature, including Name: Special Emphasis Panel in reviewed include information of a technical information; financial data, such as Experimental and integrative Activities proprietary or confidential nature, including salaries and personal information concerning (#1193). technical information; financial data, such as individuals associated with the proposals. Date/Time: December 7, 1999, 8 a.m.—5 salaries and personal information concerning These matters are exempt under 5 U.S.C. p.m. individuals associated with the proposals. 552b(c)(4) and (6) of the Government in the Place: National Science Foundation, 4201 These matters are exempt under 5 U.S.C. 552b (c)(4) and (6) of the Government in the Sunshine Act. Wilson Boulevard, Arlington, VA. Type of Meeting: Closed. Sunshine Act. Dated: November 1, 1999. Contract Person: Dr. Dragana Brzakovic, Dated: Dated: November 1, 1999. Karen J. York, CISE Research Experiences for Karen J. York, Undergraduates, Experimental and Committee Management Officer. Committee Management Officer. Integrative Activities, Room 1160, National [FR Doc. 99–28953 Filed 11–4–99; 8:45 am] Science Foundation, 4201 Wilson Boulevard, [FR Doc. 99–28955 Filed 11–4–99; 8:45 am] BILLING CODE 7555±01±M VA 22230. Telephone: (703) 306–1981. BILLING CODE 7555±01±M
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NATIONAL SCIENCE FOUNDATION technical information; financial data, such as Type of Meeting: Closed. salaries; and personal information Contact Person: Dr. Michael Reeve, Section Advisory Committee for Geosciences; concerning individuals associated with the Head, Ocean Sciences Research Section, Notice of Meeting proposals. These matters are exempt under 5 National Science Foundation, 4201 Wilson U.S.C. 552b(c), (4) and (6) of the Government Blvd., Arlington, VA 22230. (703) 306–1580. In accordance with the Federal in the Sunshine Act. Purpose of Meeting: To provide advice and Advisory Committee Act (Pub. Law 92– Dated: November 1, 1999. recommendations concerning proposals submitted to NSF for financial support. 463, as amended), the National Science Karen J. York, Foundation announces the following Agenda: To review and evaluate Long Committee Management Officer. Term Ecological Research Special Panel meeting: [FR Doc. 99–28958 Filed 11–4–99; 8:45 am] proposals as part of the selection process for Name: Advisory Committee for BILLING CODE 7555±01±M awards. Geosciences (#1755). Reason For Closing: The proposals being Date/time: November 30, 1999, 8:30 a.m.– reviewed include information of a 5:30 p.m., December 1, 1999, 8 a.m.–4:30 NATIONAL SCIENCE FOUNDATION proprietary or confidential nature, including p.m. technical information; financial data, such as Place: National Science Foundation, 4201 Special Emphasis Panel in salaries; and personal information Wilson Blvd., Room 1235, Arlington, VA. Geosciences; Notice of Meeting concerning individuals associated with the Type of meeting: Open. proposals. These matters are exempt under 5 Contact person: Dr. Thomas Spence, In accordance with the Federal U.S.C. 552b(c) (4) and (6) of the Government Directorate for Geosciences, National Science Advisory Committee Act (Pub. L. 92– in the Sunshine Act. Foundation, Suite 705, 4201 Wilson Dated: November 1, 1999. Boulevard, Arlington, Virginia 22230. 463, as amended), the National Science Telephone: (703) 306–1502. Foundation announces the following Karen J. York, Minutes: May be obtained from the contact meeting. Committee Management Officer. person listed above. Name: Special Emphasis Panel in [FR Doc. 99–28960 Filed 11–4–99; 8:45 am] Purpose of meeting: To provide advice, Geosciences (#1756). BILLING CODE 7555±01±M recommendations, and oversight concerning Date/Time: December 1, 1999; 8 a.m.–5 support for research, education, and human p.m. resources development in the geosciences. Place: National Science Foundation, 4201 NATIONAL SCIENCE FOUNDATION Agenda: NSF Strategic Planning, Unmet Wilson Boulevard, Room 320, Arlington, VA. Opportunities, GPRA Performance Type of Meeting: Closed. Special Emphasis Panel in Materials Assessment, Innovation Partnerships, Future Contact Person: Dr. Michael Reeve, Section Research; Notice of Meeting of GEO Education Strategy. Head, Ocean Sciences Research Section, Note: A detailed agenda will be posted on National Science Foundation, 4201 Wilson In accordance with the Federal the NSF Homepage approximately one week Blvd., Arlington, VA 22230. (703) 306–1580. Advisory Committee Act (Pub. L. 92– prior to the meeting on http:// Purpose of Meeting: To provide advice and 463 as amended), the National Science www.geo.nsf.gov/adgeo/advcomm/start.htm. recommendations concerning proposals Foundation announces the following Dated: November 1, 1999. submitted to NSF for financial support. meeting: Agenda: To review and evaluate Research Karen J. York, Experience for Undergraduates proposals as Name: Special Emphasis Panel in Materials Committee Management Officer. part of the selection process for awards. Research (#1203) [FR Doc. 99–28952 Filed 11–4–99; 8:45 am] Reason For Closing: The proposals being Date/Time: November 19, 1999; 8:00 a.m.– BILLING CODE 7555±01±M reviewed include information of a 5 p.m. proprietary or confidential nature, including Place: National Science Foundation; 4201 technical information; financial data, such as Wilson Blvd., Room 1060, Arlington, VA NATIONAL SCIENCE FOUNDATION salaries; and personal information Type of Meeting. Closed. concerning individuals associated with the Contact Person: Dr. Bruce A. MacDonald, Special Emphasis Panel in proposals. These matters are exempt under 5 Program Director, Metals Research Program, Geosciences; Notice of Meeting U.S.C. 552b(c), (4) and (6) of the Government Division of Materials Research, Room 1065, in the Sunshine Act. National Science Foundation, Arlington, VA In accordance with the Federal Dated: November 1, 1999. 22230. (703) 306–1835. Purpose of Meeting: To provide advice and Advisory Committee Act (Pub. L. 92– Karen J. York, 463, as amended), the National Science recommendations concerning CAREER Committee Management Officer. proposals submitted to NSF for financial Foundation announces the following [FR Doc. 99–28959 Filed 11–4–99; 8:45 am] support. meeting. BILLING CODE 7555±01±M Agenda: Review and evaluate proposals as Name: Special Emphasis Panel in part of the selection process to determine Geosciences (#1756). finalists considered for FY2000 Faculty Early Date/Time: November 14–19, 1999; 8:30 NATIONAL SCIENCE FOUNDATION Career Development Proposals by the Metals a.m.–5 p.m.. Research Program. Place: National Science Foundation, 4201 Special Emphasis Panel in Reasons for Closing: The proposals being Wilson Boulevard, Arlington, VA. Geosciences; Notice of Meeting reviewed include information of a Type of Meeting: Closed. proprietary or confidential nature, including Contact Person: Dr. Reeve, Section Head, In accordance with the Federal technical information, financial data such as National Science Foundation, 4201 Wilson Advisory Committee Act (Pub. L. 92– salaries, and personal information Blvd., Arlington, VA 22230. (703) 306–1587. 463, as amended), the National Science concerning individuals associated with the proposals. These matters are exempt under 5 Purpose of Meeting: To provide advice and Foundation announces the following recommendations concerning proposals U.S.C. 552b(c) (4) and (6) of the Government submitted to NSF for financial support. meeting. in the Sunshine Act. Agenda: To review and evaluate Ocean Name: Special Emphasis Panel in Dated: November 1, 1999. # Science Research Programs proposals as part Geosciences ( 1756). Karen J. York, of the selection process for awards. Date/Time: December 9–10, 1999; 8 a.m.– Committee Management Officer. Reason For Closing: The proposals being 5 p.m. reviewed include information of a Place: National Science Foundation, 4201 [FR Doc. 99–28950 Filed 11–4–99; 8:45 am] proprietary of confidential nature, including Wilson Boulevard, Room 130, Arlington, VA. BILLING CODE 7555±01±M
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NATIONAL SCIENCE FOUNDATION Wilson Boulevard, Room 935, Arlington, VA Washington, DC, and publicly available 22230. (703) 306–1711. electronically from the ADAMS Public Special Emphasis Panel in Social, Purpose of Meeting: To provide advice and Library Component on the NRC Web Behavioral, and Economic Sciences; recommendations concerning proposals site at http://www.nrc.gov (the Notice of Meeting submitted to the National Science Foundation for financial support. Electronic Reading Room). In accordance with the Federal Agenda: To review and evaluate Dated at Rockville, Maryland, this 28th day Advisory Committee Act (Pub. L. 92– applications to the International Research of October 1999. 463, as amended), the National Science Fellow Awards Program submitted in For the Nuclear Regulatory Commission. Foundation announces the following response to the program announcement (NSF M. Christopher Nolan, 96–14). meeting: Reason for Closing: The proposals being Project Manager, Section 1, Project Name: Special Emphasis Panel In Social, reviewed include information of a Directorate IV & Decommissioning, Division Behavorial, and Economic Sciences (#1766) proprietary or confidential nature, including of Licensing Project Management, Office of Date/Time: January 20–21, 2000; from 8:30 technical information, financial data such as Nuclear Reactor Regulation. a.m. to 5:00 p.m., each day. salaries, and personnel information [FR Doc. 99–29047 Filed 11–4–99; 8:45 am] Place: National Science Foundation, 4201 concerning individuals associated with the BILLING CODE 7590±01±P Wilson Blvd., Rooms 360, 365 and 370, proposals. These matters are exempt under 5 Arlington, VA. U.S.C. 552b(c) (4) and (6) of the Government Type of Meeting: Closed. in the Sunshine Act. NUCLEAR REGULATORY Contact Person: Dr. Christopher A. Loretz, Dated: November 1, 1999. COMMISSION Associate Program Manager, and Ms. Karen J. York, Thomasina Edwards, Senior Program Northeast Nuclear Energy Company, et Assistant, East Asia and Pacific Program, Committee Management Officer. Room 935, Division of International [FR Doc. 99–28961 Filed 11–4–99; 8:45 am] al.; Millstone Nuclear Power Station, Unit No. 3 Environmental Assessment Programs, National Science Foundation, 4201 BILLING CODE 7555±01±M Wilson Boulevard, Arlington, VA 22230. and Finding of No Significant Impact (703) 306–1701. [Docket No. 50±423] Purpose of Meeting: To provide advice and recommendations concerning proposals NUCLEAR REGULATORY The U.S. Nuclear Regulatory submitted to the National Science COMMISSION Commission (the Commission) is Foundation for financial support. [DOCKET NO. 50±313] considering issuance of an amendment Agenda: To review and evaluate proposals to Facility Operating License No. NPF– submitted to the NSF Summer Programs in Entergy Operations, Inc.; Arkansas Japan, Korea and Taiwan (Program 49, issued to Northeast Nuclear Energy Announcement NSF 99–152). Nuclear One, Unit No. 1; Notice of Company (NNECO or the licensee), for Reason for Closing: The proposals being Withdrawal of Application for operation of the Millstone Nuclear reviewed include information of a Amendment to Facility Operating Power Station, Unit No. 3 (MP3), proprietary or confidential nature, including License located in New London County, technical information, financial data such as Connecticut. salaries, and personal information The U.S. Nuclear Regulatory concerning individuals associated with the Commission (the Commission) has Environmental Assessment granted the request of Entergy proposals. These matters are exempt under 5 Identification of the Proposed Action: U.S.C. 552b(c)(4) and (6) of the Government Operations, Inc. (the licensee), to in the Sunshine Act. withdraw its September 19, 1999, The proposed action would correct Dated: November 1, 1999. application for proposed amendment to existing editorial and typographical Karen J. York, Facility Operating License No. DPR–51 errors in the Technical Specifications Committee Management Officer. for the Arkansas Nuclear One, Unit No. (TS). Each proposed change has been [FR Doc. 99–28949 Filed 11–4–99; 8:45 am] 2, located in Pope County, Arkansas. verified to meet the intent of what was The proposed amendment would originally proposed by NNECO and BILLING CODE 2555±01±M have modified the facility technical approved by the NRC in previously specifications to allow the use of steam processed amendments to the TS. These NATIONAL SCIENCE FOUNDATION generator repair roll technology as a changes are purely administrative and repair method for tubesheet defects do not impact the operation of the Special Emphasis Panel in Social, identified in the steam generator upper facility. The proposed changes are Behavioral and Economic Sciences; tubesheet region. summarized below. Notice of Meeting The Commission had previously 1. TS 3.8.3.2—Change 3.8.3.2.b.4.1 to issued a Notice of Consideration of 3.8.3.2.b.4.a. In accordance with the Federal Issuance of Amendment published in 2. TS 4.6.2.1.a.1 and TS 4.6.2.2.a— Advisory Committee Act (Pub L. 92– the Federal Register on September 23, Add the word ‘‘that’’ after the words 463, as amended), the National Science 1999 (64 FR 51561). However, by letter ‘‘flow path.’’ Foundation announces the following dated September 30, 1999, the licensee 3. TS 4.8.1.1.2.i—Change TS meeting: withdrew the proposed change. 4.8.1.1.2.i.1 to TS 4.8.1.1.2.i. Name: Special Emphasis Panel in Social, For further details with respect to this 4. TS 4.9.12—Change TS 4.9.12 to TS Behavioral, and Economic Sciences (#1766). action, see the application for 4.9.12.1. Date/Time: January 6–7, 2000; 8 a.m. to 5 amendment dated September 19, 1999, The proposed action is in accordance p.m. and the licensee’s letter dated with the licensee’s application for Place: National Science Foundation, 4201 September 30, 1999, which withdrew Wilson Blvd., Room 390, Arlington, VA. amendment dated August 5, 1999. the application for license amendment. Type of Meeting: Closed. The Need for the Proposed Action Contact Person: Ms. Susan Parris, Program The above documents are available for Manager, International Research Fellow public inspection at the Commission’s Changes to TS 3.8.3.2 and TS 4.9.12 Awards Program, Division of International Public Document Room, the Gelman are needed to correct sequential Programs, National Science Foundation, 4201 Building, 2120 L Street, NW., numbering in the TS. Changes to TS
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4.6.2.1.a.1 and TS 4.6.2.2.a are needed action. The State official had no Under Section 2(g) of the Railroad to address a TS modification that was comments. Unemployment Insurance Act (RUIA), previously approved by the NRC in benefits under that Act that accrued but Finding of No Significant Impact Amendment 50. The word ‘‘that’’ was were not paid because of the death of an inadvertently omitted from these TS On the basis of the environmental employee shall be paid to the same Sections when Amendments 100 and assessment, the Commission concludes individual(s) to whom benefits are 122 were approved. The change to TS that the proposed action will not have payable under Section 6(a)(1) of the 4.9.12 is needed to clarify that there is a significant effect on the quality of the Railroad Retirement Act. The provisions only one surveillance requirement in human environment. Accordingly, the relating to the payment of such benefits this paragraph. Commission has determined not to are prescribed in 20 CFR 325.5 and 20 prepare an environmental impact CFR 335.5. Environmental Impacts of the Proposed statement for the proposed action. The RRB provides Form UI–63 for use Action For further details with respect to the in applying for the accrued sickness or The Commission has completed its proposed action, see the licensee’s letter unemployment benefits unpaid at the evaluation of the proposed action and dated August 5, 1999, which is available death of the employee and for securing concludes that the modifications to the for public inspection at the the information needed by the RRB to TS are administrative in nature. Commission’s Public Document Room, identify the proper payee. Completion is The proposed action will not increase The Gelman Building, 2120 L Street, voluntary. One response is requested of the probability or consequences of NW., Washington, DC, and at the local each respondent. accidents, no changes are being made in public document rooms located at the The RRB proposes minor editorial the types of any effluents that may be Learning Resources Center, Three Rivers changes to the UI–63. The completion released off site, and there is no Community-Technical College, 574 New time for the UI–63 is estimated at 7 significant increase in occupational or London Turnpike, Norwich, minutes. The RRB estimates that public radiation exposure. Therefore, Connecticut, and the Waterford Library, approximately 200 responses are there are no significant radiological 49 Rope Ferry Road, Waterford, received annually. Connecticut. environmental impacts associated with ADDITIONAL INFORMATION OR COMMENTS: the proposed action. Dated at Rockville, Maryland, this 1st day To request more information or to With regard to potential non- of November 1999. obtain a copy of the information radiological impacts, the proposed For the Nuclear Regulatory Commission. collection justification, forms, and/or action does not involve any historic John A. Nakoski, Sr. supporting material, please call the RRB sites. It does not affect non-radiological Project Manager, Section 2, Project Clearance Officer at (312) 751–3363. plant effluents and has no other Directorate I, Division of Licensing Project Comments regarding the information environmental impact. Therefore, there Management, Office of Nuclear Reactor collection should be addressed to are no significant non-radiological Regulation. Ronald J. Hodapp, Railroad Retirement environmental impacts associated with [FR Doc. 99–29050 Filed 11–4–99; 8:45 am] Board, 844 N. Rush Street, Chicago, the proposed action. BILLING CODE 7590±01±U Illinois 60611–2092. Written comments Accordingly, the Commission should be received within 60 days of concludes that there are no significant this notice. environmental impacts associated with RAILROAD RETIREMENT BOARD Chuck Mierzwa, the proposed action. Proposed Collection; Comment Clearance Officer. Alternatives to the Proposed Action Request [FR Doc. 99–28991 Filed 11–4–99; 8:45 am] BILLING CODE 7905±01±M As an alternative to the proposed SUMMARY: In accordance with the action, the staff considered denial of the requirement of Section 3506 (c)(2)(A) of proposed action (i.e., the ‘‘no-action’’ the Paperwork Reduction Act of 1995 alternative). Denial of the application which provides opportunity for public SECURITIES AND EXCHANGE would result in no change in current comment on new or revised data COMMISSION environmental impacts. The collections, the Railroad Retirement [Release No. IC±24118] environmental impacts of the proposed Board (RRB) will publish periodic action and the alternative action are summaries of proposed data collections. Notice of Applications for similar. Comments are invited on: (a) Whether Deregistration Under Section 8(f) of the the proposed information collection is Alternative Use of Resources Investment Company Act of 1940 necessary for the proper performance of This action does not involve the use the functions of the agency, including October 29, 1999. of any resources not previously whether the information has practical The following is a notice of considered in the ‘‘Final Environmental utility; (b) the accuracy of the RRB’s applications for deregistration under Statement Related to the Operation of estimate of the burden of the collection section 8(f) of the Investment Company Millstone Nuclear Power Station, Unit of the information; (c) ways to enhance Act of 1940 for the month of October No. 3,’’ dated December 1984 (NUREG– the quality, utility, and clarity of the 1999. A copy of each application may be 1064). information to be collected; and (d) obtained for a fee at the SEC’s Public Reference Branch, 450 Fifth St., NW, Agencies and Persons Consulted ways to minimize the burden related to the collection of information on Washington, DC 20549–0102 (tel. 202– In accordance with its stated policy, respondents, including the use of 942–8090). An order granting each on August 19, 1999, the staff consulted automated collection techniques or application will be issued unless the with the Connecticut State official, Mr. other forms of information technology. SEC orders a hearing. Interested persons Denny Galloway of the Department of Title and purpose of information may request a hearing on any Environmental Protection, regarding the collection: Application for Benefits Due application by writing to the SEC’s environmental impact of the proposed but Unpaid at Death; OMB 3220–0055. Secretary at the address below and
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On June 21, 1999, 811–6148]; Morgan Stanley Dean Witter applicant, in the form of an affidavit or, applicant made a liquidating Mid-Cap Growth Fund [File No. 811– for lawyers, a certificate of service. distribution to its shareholders at net 7179] Hearing requests should state the nature asset value per share. Expenses of $26,000 incurred in connection with the of the writer’s interest, the reason for the Summary: Each applicant seeks an liquidation were paid by applicant. request, and the issues contested. order declaring that it has ceased to be Persons who wish to be notified of a an investment Company. On March 15, Filing Date: The application was filed hearing may request notification by 1999, Morgan Stanley Dean Witter on September 24, 1999. writing to the Secretary, SEC, 450 Fifth Global Short-Term Income Fund Inc. Applicant’s Address: Two World Street, NW, Washington, DC 20549– transferred its assets to Morgan Stanley Trade Center, New York, New York 0609. For Further Information Contact: Dean Witter Worldwide Income Trust, 10048. Diane L. Titus, at (202) 942–0564, SEC, based on net asset value. On June 28, VAM Institutional Funds, Inc. [File No. Division of Investment Management, 1999, Morgan Stanley Dean Witter Mid- 811–4546] Office of Investment Company Cap Growth Fund transferred its assets Regulation, 450 Fifth Street, NW, to Morgan Stanley Dean Witter Mid-Cap Summary: Applicant seeks an order Washington, DC 20549–0506. Equity Trust, based on net asset value. declaring that it has ceased to be an BlackRock Fund Investors I [File No. Expenses of $119,373 and $209,654, investment company. On April 1, 1999, 811–8986], BlackRock Fund Investors II respectively, incurred in connection applicant made a liquidating [File No. 811–8990], BlackRock Fund with the reorganizations were paid by distribution to its shareholders at net Investors III [File No. 811–8988] and each applicant. asset value per share. Expenses of BlackRock Asset Investors [File No. Filing Dates: Each application was $35,000 incurred in connection with the 811–8984] filed on October 12, 1999. liquidation were paid by applicant’s Applicant’s Address: Two World investment adviser. Summary: Each applicant, a closed- Filing Dates: The application was end investment company, seeks an Trade Center, 70th Floor, New York, New York 10048. filed on July 19, 1999, and amended on order declaring that it has ceased to be September 29, 1999. an investment company. On September Blackrock MQE Investors [File No. 811– 27, 1999, each applicant made a final 7903] Applicant’s Address: 90 South liquidating distribution to its common Seventh Street, Suite 4300, shareholders at net asset value per Summary: Applicant, a closed-end Minneapolis, Minnesota 55402. share. Preferred shares of BlackRock investment company, seeks an order Balanced Portfolio [File No. 811–8502] Asset Investors also were redeemed on declaring that it has ceased to be an September 27, 1999. On September 10, investment company. On September 10, Summary: Applicant seeks an order 1999, each applicant redeemed its 1999, applicant made a final liquidating declaring that it has ceased to be an outstanding notes. BlackRock Fund distribution to its common shareholders investment company. On August 1, Investors I, BlackRock Fund Investors II, at net asset value per share. Preferred 1999, applicant made a liquidating and BlackRock Fund Investors III each units of applicant were redeemed on distribution to its shareholders at net incurred expenses of $12,500 in March 4, 1999. Expenses of $10,000 asset value per share. Expenses of connection with the liquidations. incurred in connection with the $10,000 incurred in connection with the BlackRock Asset Investors incurred liquidation were paid by applicant. liquidation were paid by Citibank, N.A., expenses of $92,500 in connection with Filing Date: The application was filed applicant’s investment adviser. the liquidation. on September 27, 1999. Filing Date: The application was filed Filing Dates: Each application was Applicant’s Address: 345 Park on October 26, 1999. filed on September 30, 1999. BlackRock Avenue, New York, New York 10154. Applicant’s Address: Elizabethan Asset Investors filed an amended Northstar Strategic Income Fund [File Square, George Town, Grand Cayman, application on October 20, 1999. No. 811–8414] Cayman Islands, BWI. Applicants’ Address: 345 Park Voyageur Investment Trust II [File No. Avenue, New York, New York 10022. Summary: Applicant seeks an order 811–8350] declaring that it has ceased to be an TCW/DW Income and Growth Fund investment company. On November 20, Summary: Applicant seeks an order [File No. 811–7372] 1998, applicant transferred its assets to declaring that it has ceased to be an Summary: Applicant seeks an order Northstar High Yield Fund (the investment company. On November 18, declaring that it has ceased to be an ‘‘Acquiring Fund’’), based on net asset 1998, applicant made a liquidating investment company. On June 28, 1999, value. Expenses of $57,538 incurred in distribution to its shareholders at net applicant transferred its assets to connection with the reorganization were asset value per share. Expenses of $360 Morgan Stanley Dean Witter Income paid by the Acquiring Fund. incurred in connection with the Builder Fund, based on net asset value. Filing Date: The application was filed liquidation were paid by the applicant. Expenses of $95,645 incurred in on September 15, 1999. Filing Date: The application was filed connection with the reorganization were Applicant’s Address: Northstar on October 25, 1999. paid by applicant. Investment Management Corporation, Applicant’s Address: 1818 Market Filing Date: The application was filed 300 First Stamford Place, Stamford, Street, Philadelphia, Pennsylvania on October 12, 1999. Connecticut 06902. 19103.
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MBL Growth Fund, Inc. [File No. 811– applicant made a liquidating Institute, 1650 King Street Suite 600, 3593] distribution to its shareholders based on Alexandria, VA 22314, (703) 684–6100. Summary: Applicant seeks an order net asset value per share. No. expenses David I. Tevelin, declaring that it has ceased to be an were incurred in connection with the Executive Director. investment company. On June 22, 1999, liquidation. [FR Doc. 99–29163 Filed 11–3–99; 1:18 pm] Filing Date: The application was filed applicant made a liquidating BILLING CODE 6820±SC±M distribution to its shareholders based on on July 30, 1999. net asset value per share. Expenses of Applicant’s Address: 520 Broad Street, Newark, New Jersey 07102–3111. $4,175 were incurred in connection DEPARTMENT OF TRANSPORTATION with the liquidation and were paid by MBL Variable Contract Account—11 applicant. [File No. 811–5798] National Highway Traffic Safety Filing Dates: The application was Administration filed on July 22, 1999, and amended on Summary: Applicant seeks an order [Docket No. NHTSA±99±6433] September 29, 1999. declaring that it has ceased to be an investment company. On June 30, 1999, Applicant’s Address: 520 Broad International Regulatory Street, Newark, New Jersey 07102–3111. applicant made a liquidating distribution to its shareholders based on Harmonization, Motor Vehicle Safety; MBL Variable Contract Account—2 net asset value per share. No expenses Motor Vehicles and Motor Vehicle [File No. 811–2047] were incurred in connection with the Equipment Summary: Applicant seeks an order liquidation. AGENCY: National Highway Traffic declaring that it has ceased to be an Filing Date: The application was filed Safety Administration (NHTSA), DOT. investment company. On June 30, 1999, on July 30, 1999. ACTION: Notice of technical meeting. and July 14, 1999, applicant made Applicant’s Address: 520 Broad liquidating distributions to its Street, Newark, New Jersey 07102–3111. SUMMARY: NHTSA is hosting the second in a series of informal technical shareholders based on net asset value Empire Life Deferred Variable Annuity meetings relating to global tire per share. No expenses were incurred in Account [File No. 811–05478] connection with the liquidation. harmonization issues before the Filing Date: The application was filed Summary: Applicant seeks an order Working Party on Brakes and Running on July 29, 1999. declaring that it has ceased to be an Gear (GRRF). The GRRF is one of several Applicant’s Address: 520 Broad investment company. Applicant has not subsidiary bodies, known as working Street, Newark, New Jersey 07102–3111. made any public offering of its parties, formed by the United Nations/ securities and does not propose to make Economic Commission for Europe MBL Variable Contract Account—3 any public offering or engage in Working Party on the Construction of [File No. 811–2313] business of any kind. Motor Vehicles (WP.29) to address Summary: Applicant seeks an order Filing Date: The application was filed particular aspects of motor vehicle declaring that it has ceased to be an on August 17, 1999. performance. The decision to initiate investment company. On June 30, 1999, Applicant’s Address: 5069 154th the series of informal technical meetings and July 14, 1999, applicant made Place NE, Redmond, Washington 98052. was made by the Chair of the GRRF. The liquidating distributions to its For the Commission, by the Division of meetings are focusing on two issues: (1) shareholders based on net asset value Investment Management, pursuant to Globally harmonizing tire regulations, per share. No expenses were incurred in delegated authority. and (2) establishing minimum connection with the liquidation. Margaret H. McFarland, performance requirements for tire grip Filing Dates: The application was Deputy Secretary. (traction). filed on July 29, 1999, and amended on [FR Doc. 99–28975 Filed 11–4–99; 8:45 am] DATES: The informal technical meeting September 29, 1999, and October 4, BILLING CODE 8010±01±M will be held on Thursday and Friday, 1999. November 18–19, 1999, at the address Applicant’s Address: 520 Broad given below, and will begin at 9 p.m. Street, Newark, New Jersey 07102–3111. and end at 5 p.m. each day. MBL Variable Contract Account—7 STATE JUSTICE INSTITUTE In view of seating limitations, [File No. 811–3853] organizations and individuals wishing Sunshine Act Meeting to attend the meeting are requested to Summary: Applicant seeks an order Notice of Public Meeting contact Mr. George Soodoo by Monday, declaring that it has ceased to be an November 15, 1999. investment company. On June 30, 1999, STATE JUSTICE INSTITUTE ADDRESSES: applicant made a liquidating On November 18, 1999, the distribution to its shareholders based on Date: Friday, November 12, 1999; 9 meeting will be in Room 4438 of the net asset value per share. No. expenses am–5 pm. Nassif Building, 400 Seventh St, SW, were incurred in connection with the Place: Harrahs, South Tahoe, NV. Washington, DC 20590. On November liquidation. Matters To Be Considered: 19, 1999, the meeting will be in Room Filing Date: The application was filed Consideration of proposals submitted 3328 of the Nassif Building. on July 29, 1999. for Institute funding. FOR FURTHER INFORMATION CONTACT: Mr. Applicant’s Address: 520 Broad Portions Open to the Public: All George Soodoo, Group Leader, Vehicle Street, Newark, New Jersey 07102–3111. matters other than those noted as closed Dynamics Division, Office of Safety below. Performance Standards, National MBL Variable Contract Account—9 Portions Closed to the Public: Internal Highway Traffic Safety Administration, [File No. 811–5224] personnel matters and Board of 400 Seventh Street SW, Washington, DC Summary: Applicant seeks an order Directors’ committee meetings. 20590. Tel: (202)–366–2720, and Fax: declaring that it has ceased to be an Contact Person: David Tevelin, (202)–366–4329, email: investment company. On June 30, 1999, Executive Director, State Justice [email protected].
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Ms. Julie Abraham, Director, Office of developing safety regulations not only The second day of the meeting will International Policy and Harmonization, on tires, but also on brakes, wheels and address issues related to tire grip. The National Highway Traffic Safety other chassis components of motor group intends to address the form of Administration, 400 Seventh Street SW, vehicles.) In response, the chair of the testing that should be used to measure Washington, DC 20590. Tel: (202)–366– GRRF encouraged interested tire grip (e.g., surface selection, testing 2114, and Fax: (202)–366–2559. participating countries to host informal mode, etc.). SUPPLEMENTARY INFORMATION: This technical meetings to address the global The minutes of the meeting will be notice is to advise interested parties harmonization of tire regulations. He kept and placed in the public docket for that, on November 18 and 19, 1999, also asked that these meetings address this notice. NHTSA will host an informal technical minimum performance requirements for All persons and organizations wishing meeting relating to global tire tire grip (traction), which was originally to attend the meeting are asked to harmonization activities of the Working proposed by the U.K. in February 1998, contact George Soodoo at the address or Party on Brakes and Running Gear as an amendment to ECE Regulation 30, telephone number indicated above. (GRRF). The GRRF is one of several Pneumatic Tyres. Seating is limited. Therefore, we ask subsidiary bodies, known as working The United Kingdom’s Department of that organizations limit the number of parties, formed by the United Nations Environment, Transport, and Regions their representatives to one or two Economic Commission for Europe (DETR) hosted the first informal persons in order to ensure that all Working Party on the Construction of technical meeting in London, England individuals and organizations who wish Vehicles to address particular aspects of on July 1–2, 1999. Mr. Gordon Burford to participate are able to do so. motor vehicle performance. of the DETR chaired the meeting on Following is the provisional agenda behalf of Mr. Geoff Harvey, the Chair of for the meeting: I. Background the informal technical group, who was At the 45th Session of the GRRF, held unable to participate in the meeting. UN ECE GRRF Ad-hoc Group—Global in Geneva, Switzerland, in February The meeting was attended by sixteen Harmonization of Tyre Regulations and 1999, the European Tyre and Rim representatives from the following Tyre Grip Technical Organisation (ETRTO) governments and organizations: The Provisional Agenda: 2nd meeting 18 submitted a proposal for a global United States, the United Kingdom, and 19 November 1999, to be held in technical regulation for passenger cars Germany, Japan, Hungary, the Washington DC, U.S.A. tires.1 (The GRRF is responsible for Netherlands, ETRTO, and RMA. The participants spent the first day Thursday 18 November—Global 1 The proposed new global tire standard (also discussing the technical aspects Harmonization of Tire Regulations known as Global Tire Standard 2000 for New associated with developing a global tire • Minutes of the first meeting. Pneumatic Passenger Car Tires (GTS–2000)) seeks • to harmonize the tire standards of the United States, standard, including tire dimensions, Draft document for global tire Europe and Japan. It was developed in the context markings, and specific performance harmonization. of the TransAtlantic Business Dialogue with the tests. They spent the second day • Response of tire industry to U.S. cooperation and support of members from the discussing what requirements should be request for information. international tire industry (specifically, the Rubber included in the tire grip test. The Manufacturers Association (RMA) from the United Friday 18 November—Tire Grip States, the Liaison Office of the Rubber Industry of minutes from the first meeting are the European Union (BLIC), and the Japan available in NHTSA Docket 98–3592 • U.K. proposal on tire grip. Automobile Tire Manufacturers Association (See document #12). • (JATMA)). During the process, the RMA consulted Discussion on variety of issues with consumer groups. The tire industry developed II. Second Informal Technical Meeting including research needs, test surface, the proposed new global tire standard with the on Global Tire Harmonization and selection of control tire. intent of recommending its adoption by the United States, other interested governments, WP.29, and On November 18 and 19, 1999, the Issued on: November 2, 1999. the International Standards Organization (ISO). United States will host the second Martin Koubek, Before developing the proposed new global tire Assistant to the Director Office of standard, the tire industry reviewed and compared informal technical meeting on global the tire standards of the United States, Europe, tire harmonization of the GRRF at the International Policy and Harmonization. Australia, Brazil, Canada, China, Mexico, and Saudi U.S. Department of Transportation. The [FR Doc. 99–29140 Filed 11–3–99; 2:19 pm] Arabia. A copy of the proposed new global tire meeting will follow the informal BILLING CODE 4910±59±P standard was submitted to NHTSA by BLIC and is available in NHTSA Docket 98–4367 (See document discussion format of the first meeting. #30). Mr. Geoff Harvey of the DETR will chair As described by RMA, the proposed new global the meeting. The goal of the meeting is DEPARTMENT OF TRANSPORTATION tire standard ‘‘lists the following test criteria: (1) to address the specific research and Physical dimensions for overall width and outer Surface Transportation Board diameter; (2) strength test (plunger energy) for bias- development needs associated with ply and bias-belted tires; (3) bead unseating global tire harmonization and minimum [STB Finance Docket No. 33805] resistance tests for bias-ply and bias-belted tires; (4) performance requirements for tire grip low speed (not less than 50 mph) endurance tests (traction). The first day of the meeting Ameren CorporationÐControl for bias-ply and bias-belted tires plus all radial tires with a speed symbol of ‘‘Q’’ or below; and (5) high will focus on the technical issues ExemptionÐMissouri Central Railroad speed endurance test for all tires (bias-ply, bias- associated with the global Company belted, and radial).’’ In addition, it contains labeling harmonization of tire standards. The requirements covering tire pressure, load rating, group will begin the process of drafting Ameren Corporation (Ameren), the and tire construction. a technical regulation that will parent of wholly owned subsidiary The proposed new global tire standard was Ameren ERC, Inc. (ERC), has filed a announced at the November 1998 TABD Conference eventually be submitted to the GRRF. in Charlotte, North Carolina. verified notice of exemption to continue On January 25, 1999, the RMA, the Tire and Rim proposed new global tire standard. On June 8, 1999, in control of the Joppa & Eastern Association (TRA), the Rubber Association of we granted the petition. In a September 3, 1999 Railroad (JERR) and to acquire control of Canada (RAC), JATMA, ETRTO, and BLIC letter to all of the petitioners, we solicited Missouri Central Railroad Company petitioned NHTSA requesting that we revise and additional information regarding each of the update Federal Motor Vehicle Safety Standard No. petitioners’ requests. A copy of the letter is (MCRR). On October 13, 1999, Ameren 109, New Pneumatic Tires, to conform to the available in the docket for this notice. and ERC also filed a motion for
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.155 pfrm03 PsN: 05NON1 60468 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices protective order under 49 CFR 1104.14 11325 that involve only Class III rail number 202–622–0343, fax number and a protective order was granted.1 carriers. Because this transaction (202) 622–7664. The transaction was scheduled to be involves Class III rail carriers only, the SUPPLEMENTARY INFORMATION: Notice of consummated on or shortly after Board, under the statute, may not this meeting is given under the Federal October 20, 1999. impose labor protective conditions for Advisory Committee Act, 5 U.S.C. App. Ameren, a noncarrier holding this transaction. 2. company, currently controls one If the verified notice contains false or railroad, the JERR, through Ameren’s misleading information, the exemption Agenda of Meeting controlling interest in Electric Energy, is void ab initio. Petitions to revoke the The IMF Advisory Committee will Inc. (EEI).2 ERC is not a rail carrier and exemption under 49 U.S.C. 10502(d) discuss the legislated mandates that does not control any rail carriers. ERC may be filed at any time. The filing of affect the financial services sector, with purchased 95% of the stock of MCRR.3 a petition to revoke will not a focus on questions related to Because ERC’s parent is already in automatically stay the transaction. strengthening the domestic market and control of one railroad (JERR), the An original and 10 copies of all questions that relate to burden sharing MCRR stock purchased by ERC was pleadings, referring to STB Finance and crisis resolution. placed in a voting trust on October 7, Docket No. 33805, must be filed with Procedural 1999. On or shortly after the October 20, the Surface Transportation Board, Office 1999 effective date of this control of the Secretary, Case Control Unit, 1925 This meeting is open to the public. exemption, ERC was expected to assume K Street, NW, Washington, DC 20423– Please note that the meeting may close control of MCRR. The stock of MCRR 0001. In addition, one copy of each early if all business is finished. If you had been owned 100% by General pleading must be served on John R. wish to attend please FAX your full Railway Corporation, with the principal Molm, Esq., Troutman Sanders LLP, name, birthday, and social security shareholder being John F. Larkin. 1300 I Street, NW, Suite 500 East, number to the Designated Federal Ameren states that: (i) These railroads Washington, DC 20005–3314. Official no later than 4 p.m., November do not connect with each other; (ii) the Board decisions and notices are 17, for clearance into the Treasury acquisition of control is not part of a available on our website at Building. series of anticipated transactions that ‘‘WWW.STB.DOT.GOV.’’ Members of the public may submit would connect the railroads with each written comments. If you wish to other or any railroad in their corporate Decided: October 29, 1999. furnish such comments, please provide family; and (iii) the transaction does not By the Board, David M. Konschnik, 16 copies of your written material to the involve a Class I carrier. Therefore, the Director, Office of Proceedings. Designated Federal Official. If you wish transaction is exempt from the prior Vernon A. Williams, to have your comments distributed to approval requirements of 49 U.S.C. Secretary. members of the Committee in advance 11323. See 49 CFR 1180.2(d)(2). [FR Doc. 99–28878 Filed 11–4–99; 8:45 am] of the second meeting, 16 copies of any Under 49 U.S.C. 10502(g), the Board BILLING CODE 4915±00±P written material should be provided to may not use its exemption authority to the Designated Federal Official no later relieve a rail carrier of its statutory than November 15, 1999. obligation to protect the interests of its Dated: October 28, 1999. employees. Section 11326(c), however, DEPARTMENT OF THE TREASURY does not provide for labor protection for Lauren M. Vaughan, transactions under sections 11324 and Departmental Offices; International Designated Federal Official. Monetary Fund Advisory Committee [FR Doc. 99–28820 Filed 11–4–99; 8:45 am] 1 See Ameren Corporation—Control Exemption— BILLING CODE 4810±25±M Missouri Central Railroad Company, STB Finance AGENCY: Department of the Treasury. Docket No. 33805 (STB served Oct. 22, 1999). ACTION: Notice of meeting. 2 The JERR owns and operates approximately 5 DEPARTMENT OF THE TREASURY miles of track within Illinois. EEI was authorized by SUMMARY: Under section 610 of the the Board’s predecessor, the Interstate Commerce Foreign Operations, Export Financing Commission (ICC), to construct the approximately Bureau of Alcohol, Tobacco and 5-mile line in Joppa and Eastern Railroad Co.— and Related Programs Appropriations Firearms Construction Exemption—Joppa, IL, Finance Docket Act, 1999, the Secretary of the Treasury No. 31656 (ICC served July 5 and Dec. 24, 1990). is required to establish an International Proposed Collection; Comment The ICC also authorized the JERR to lease Monetary Fund Advisory Committee approximately 2.5 miles of existing trackage in the Request same vicinity in Joppa and Eastern Railroad Co.— (the ‘‘Committee’’) to advise the ACTION Petition for Exemption—Lease—Missouri Pacific Secretary on IMF policy. : Notice and request for comments. Railroad Co., Finance Docket No. 31656 (Sub-No. 1) DATES: The second meeting of the (ICC served May 16, 1991). 3 All of MCRR’s rail line will be within Missouri. Committee will be held on November SUMMARY: The Department of the The verified notice states that MCRR will own and 22, 1999, beginning at 1:30 p.m. in the Treasury, as part of its continuing effort operate approximately 278 miles of railroad. The Diplomatic Room located on the third to reduce paperwork and respondent notice also states that MCRR was to acquire floor of the main Department of the ownership of approximately 244.5 miles of line and burden, invites the general public and trackage rights over 33.5 miles of line on the date Treasury building, 1500 Pennsylvania other Federal agencies to take this of filing of this verified notice (October 13, 1999), Avenue, N.W., Washington, D.C. opportunity to comment on proposed upon consummation of noncarrier GRC Holdings FOR FURTHER INFORMATION CONTACT: and/or continuing information Corporation’s acquisition and immediate conveyance to MCRR of rail assets from Union Designated Federal Official: William collections, as required by the Pacific Railroad Company. See GRC Holdings— McFadden, Senior Policy Advisor, Paperwork Reduction Act of 1995, Acquisition Exemption—Union Pacific Railroad Office of International Monetary and Public Law 104–13 (44 U.S.C. Co., STB Finance Docket No. 33537 (STB served Financial Policy, Room 4444, 3506(c)(2)(A)). Currently, the Bureau of Jan. 27, 1998) and Missouri Central Railroad Co.— Acquisition and Operation Exemption—Lines of Department of the Treasury, 1500 Alcohol, Tobacco and Firearms within Union Pacific Railroad Co., STB Finance Docket Pennsylvania Avenue N.W., the Department of the Treasury is No. 33508 (STB served Jan. 27, 1998). Washington, D.C., 20220. Telephone soliciting comments concerning the
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Airlines Withdrawing Stock From techniques or other forms of information surety company as a contract to ensure Customs Custody. technology; and (e) estimates of capital the payment of the wine excise tax. DATES: Written comments should be or start-up costs and costs of operation, Current Actions: There are no changes received on or before January 4, 2000 to maintenance, and purchase of services to this information collection and it is be assured of consideration. to provide information. being submitted for extension purposes ADDRESSES: Direct all written comments Dated: October 28, 1999. only. Type of Review: Extension. to Bureau of Alcohol, Tobacco and William T. Earle, Firearms, Linda Barnes, 650 Affected Public: Business or other for- Assistant Director (Management) CFO. profit. Massachusetts Avenue, NW., [FR Doc. 99–29006 Filed 11–4–99; 8:45 am] Washington, DC 20226, (202) 927–8930. Estimated Number of Respondents: BILLING CODE 4810±31±P 1,720. FOR FURTHER INFORMATION CONTACT: Estimated Time Per Respondent: 1 Requests for additional information or hour. copies of the form(s) and instructions DEPARTMENT OF THE TREASURY Estimated Total Annual Burden should be directed to Jim Ficaretta, Hours: 810. Regulations Division, 650 Massachusetts Bureau of Alcohol, Tobacco and Avenue, NW., Washington, DC 20226, Firearms Request for Comments (202) 927–8230. Proposed Collection; Comment Comments submitted in response to SUPPLEMENTARY INFORMATION: Request this notice will be summarized and/or Title: Airlines Withdrawing Stock included in the request for OMB From Customs Custody. ACTION: Notice and request for approval. All comments will become a OMB Number: 1512–0384. comments. matter of public record. Recordkeeping Requirement ID Comments are invited on: (a) Whether Number: ATF REC 5620/2. SUMMARY: The Department of the the collection of information is Abstract: Airlines may withdraw tax Treasury, as part of its continuing effort necessary for the proper performance of exempt distilled spirits, wine, and beer to reduce paperwork and respondent the functions of the agency, including from Customs custody for foreign burden, invites the general public and whether the information shall have flights. The required record shows other Federal agencies to take this practical utility; (b) the accuracy of the amount of spirits and wine withdrawn opportunity to comment on proposed agency’s estimate of the burden of the and flight identification, also shows and/or continuing information collection of information; (c) ways to Customs certification. Enables ATF to collections, as required by the enhance the quality, utility, and clarity verify that tax is not due, allows spirits Paperwork Reduction Act of 1995, of the information to be collected; (d) and wines to be traced and maintains Public Law 104–13 (44 U.S.C. ways to minimize the burden of the accountability. The record retention 3506(c)(2)(A)). Currently, the Bureau of collection of information on period for this information collection is Alcohol, Tobacco and Firearms within respondents, including through the use 2 years. the Department of the Treasury is of automated collection techniques or Current Actions: There are no changes soliciting comments concerning the other forms of information technology; to this information collection and it is Application to Establish and Operate and (e) estimates of capital or start-up being submitted for extension purposes Wine Premises and Wine Bond. costs and costs of operation, only. DATES: Written comments should be maintenance, and purchase of services Type of Review: Extension. received on or before January 4, 2000 to to provide information. Affected Public: Business or other for- be assured of consideration. profit. Dated: October 28, 1999. ADDRESSES: Direct all written comments William T. Earle, Estimated Number of Respondents: to Bureau of Alcohol, Tobacco and Assistant Director (Management) CFO. 25. Firearms, Linda Barnes, 650 Estimated Time Per Respondent: 100 [FR Doc. 99–29007 Filed 11–4–99; 8:45 am] Massachusetts Avenue, NW., annually. BILLING CODE 4810±31±P Washington, DC 20226, (202) 927–8930. Estimated Total Annual Burden Hours: 2,500. FOR FURTHER INFORMATION CONTACT: Requests for additional information or DEPARTMENT OF THE TREASURY Request for Comments copies of the form(s) and instructions Comments submitted in response to should be directed to Tom Busey, Bureau of Alcohol, Tobacco and this notice will be summarized and/or Regulations Division, 650 Massachusetts Firearms included in the request for OMB Avenue, NW., Washington, DC 20226, approval. All comments will become a (202) 927–8930. Proposed Collection; Comment matter of public record. Comments are SUPPLEMENTARY INFORMATION: Request invited on: (a) Whether the collection of Title: Application to Establish and ACTION: Notice and request for information is necessary for the proper Operate Wine Premises and Wine Bond. comments. performance of the functions of the OMB Number: 1512–0058. agency, including whether the Form Number: ATF F 5120.25 and SUMMARY: The Department of the information shall have practical utility; ATF F 5120.36. Treasury, as part of its continuing effort (b) the accuracy of the agency’s estimate Abstract: ATF F 5120.25 is used to to reduce paperwork and respondent of the burden of the collection of establish the qualifications of an burden, invites the general public and information; (c) ways to enhance the applicant for a wine premises. The other Federal agencies to take this quality, utility, and clarity of the applicant certifies the intention to opportunity to comment on proposed information to be collected; (d) ways to produce and/or store a specified amount and/or continuing information minimize the burden of the collection of of wine and take certain precautions to collections, as required by the information on respondents, including protect it from unauthorized use. ATF F Paperwork Reduction Act of 1995, through the use of automated collection 5120.36 is used by the proprietor and a Public Law 104–13 (44 U.S.C.
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3506(c)(2)(A)). Currently, the Bureau of information; (c) ways to enhance the Abstract: The primary objective of Alcohol, Tobacco and Firearms within quality, utility, and clarity of the this recordkeeping requirement is the Department of the Treasury is information to be collected; (d) ways to revenue protection by establishment of soliciting comments concerning the minimize the burden of the collection of accountability data available for audit Wholesale Dealers Applications, information on respondents, including purposes. A second objective, consumer Letterheads, and Notices Relating to through the use of automated collection protection, is afforded by subject record Operations (Variations in Format or techniques or other forms of information traceability of alcoholic beverages to the Preparation of Records). technology; and (e) estimates of capital retail liquor dealer level of distribution DATES: Written comments should be or start-up costs and costs of operation, in the event of defective products. The received on or before January 4, 2000 to maintenance, and purchase of services record retention requirement for this be assured of consideration. to provide information. information collection is 3 years. Current Actions: There are no changes ADDRESSES: Direct all written comments Dated: October 28, 1999. to this information collection and it is to Bureau of Alcohol, Tobacco and William T. Earle, being submitted for extension purposes Firearms, Linda Barnes, 650 Assistant Director (Management) CFO. only. Massachusetts Avenue, NW., [FR Doc. 99–29008 Filed 11–4–99; 8:45 am] Type of Review: Extension. Washington, DC 20226, (202) 927–8930. BILLING CODE 4810±31±P Affected Public: Business or other for- FOR FURTHER INFORMATION CONTACT: profit, State, Local or Tribal Requests for additional information or Government. copies of the form(s) and instructions DEPARTMENT OF THE TREASURY Estimated Number of Respondents: should be directed to William Foster, 455,000. Regulations Division, 650 Massachusetts Bureau of Alcohol, Tobacco and Estimated Time Per Respondent: 1 Avenue, NW., Washington, DC 20226, Firearms hour. (202) 927–8374. Estimated Total Annual Burden Proposed Collection; Comment SUPPLEMENTARY INFORMATION: Hours: 1 hour. Request Title: Wholesale Dealers Applications, Request for Comments Letterhead, and Notices Relating to ACTION: Notice and request for Comments submitted in response to Operations (Variations in Format or comments. this notice will be summarized and/or Preparation of Records) included in the request for OMB OMB Number: 1512–0357 SUMMARY: The Department of the Recordkeeping Requirement ID Treasury, as part of its continuing effort approval. All comments will become a Number: ATF REC 5170/6 to reduce paperwork and respondent matter of public record. Comments are Abstract: This recordkeeping burden, invites the general public and invited on: (a) Whether the collection of requirement pertains only to those other Federal agencies to take this information is necessary for the proper wholesale liquor and beer dealers opportunity to comment on proposed performance of the functions of the agency, including whether the submitting applications for a variance and/or continuing information information shall have practical utility; from the regulations dealing with collections, as required by the (b) the accuracy of the agency’s estimate preparation, format, type, or place of Paperwork Reduction Act of 1995, of the burden of the collection of retention of records of receipt or Public Law 104–13 (44 U.S.C. information; (c) ways to enhance the disposition for alcoholic beverages. The 3506(c)(2)(A)). Currently, the Bureau of quality, utility, and clarity of the record retention requirement for this Alcohol, Tobacco and Firearms within information to be collected; (d) ways to information collection is 6 years. the Department of the Treasury is Current Actions: There are no changes soliciting comments concerning the minimize the burden of the collection of to this information collection and it is Retail Liquor Dealers Records of information on respondents, including being submitted for extension purposes Receipts of Alcoholic Beverages and through the use of automated collection only. Commercial Invoices. techniques or other forms of information technology; and (e) estimates of capital Type of Review: Extension. DATES: Written comments should be Affected Public: Business or other for- or start-up costs and costs of operation, received on or before January 4, 2000 to maintenance, and purchase of services profit. be assured of consideration. Estimated Number of Respondents: to provide information. ADDRESSES: Direct all written comments Dated: October 28, 1999. 1,029. to Bureau of Alcohol, Tobacco and Estimated Time Per Respondent: 30 Firearms, Linda Barnes, 650 William T. Earle, minutes. Massachusetts Avenue, NW., Assistant Director (Management) CFO. Estimated Total Annual Burden Washington, DC 20226, (202) 927–8930. [FR Doc. 99–29009 Filed 11–4–99; 8:45 am] Hours: 515. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4810±31±P Request for Comments Requests for additional information or Comments submitted in response to copies of the form(s) and instructions DEPARTMENT OF THE TREASURY this notice will be summarized and/or should be directed to Jim Ficaretta, included in the request for OMB Regulations Division, 650 Massachusetts Bureau of Alcohol, Tobacco and approval. All comments will become a Avenue, NW., Washington, DC 20226, Firearms matter of public record. Comments are (202) 927–8230. invited on: (a) Whether the collection of SUPPLEMENTARY INFORMATION: Proposed Collection; Comment information is necessary for the proper Title: Retail Liquor Dealers Records of Request performance of the functions of the Receipts of Alcoholic Beverages and ACTION: Notice and request for agency, including whether the Commercial Invoices. comments. information shall have practical utility; OMB Number: 1512–0354. (b) the accuracy of the agency’s estimate Recordkeeping Requirement ID SUMMARY: The Department of the of the burden of the collection of Number: ATF REC 5170/3. Treasury, as part of its continuing effort
VerDate 29-OCT-99 14:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\A05NO3.106 pfrm03 PsN: 05NON1 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices 60471 to reduce paperwork and respondent of the burden of the collection of on this form be submitted to the burden, invites the general public and information; (c) ways to enhance the Secretary for a tax exempt transfer of a other Federal agencies to take this quality, utility, and clarity of the NFA firearm. The form identifies opportunity to comment on proposed information to be collected; (d) ways to current and prospective owners, and the and/or continuing information minimize the burden of the collection of firearm, as well as to ensure the legality collections, as required by the information on respondents, including of transfer under Federal, State and Paperwork Reduction Act of 1995, through the use of automated collection local law. Public Law 104–13 (44 U.S.C. techniques or other forms of information Current Actions: There are no changes 3506(c)(2)(A)). Currently, the Bureau of technology; and (e) estimates of capital to this information collection and it is Alcohol, Tobacco and Firearms within or start-up costs and costs of operation, being submitted for extension purposes the Department of the Treasury is maintenance, and purchase of services only. soliciting comments concerning the to provide information. Type of Review: Extension. Stills: Notices, Registration, and Dated: October 28, 1999. Affected Public: Individuals or households, business or other for-profit, Records. William T. Earle, Federal Government, State, Local or DATES: Written comments should be Assistant Director (Management) CFO. received on or before January 4, 2000 to Tribal Government. [FR Doc. 99–29010 Filed 11–4–99; 8:45 am] be assured of consideration. Estimated Number of Respondents: BILLING CODE 4810±31±P 62,321. ADDRESSES: Direct all written comments Estimated Time Per Respondent: 4 to Bureau of Alcohol, Tobacco and hours. Firearms, Linda Barnes, 650 DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Massachusetts Avenue, NW., Hours: 498,568. Washington, DC 20226, (202) 927–8930. Bureau of Alcohol, Tobacco and Request for Comments: Comments Firearms FOR FURTHER INFORMATION CONTACT: submitted in response to this notice will Requests for additional information or be summarized and/or included in the copies of the form(s) and instructions Proposed Collection; Comment Request request for OMB approval. All should be directed to Cliff Mullen, comments will become a matter of Regulations Division, 650 Massachusetts ACTION: Notice and request for public record. Comments are invited on: Avenue, NW., Washington, DC 20226, comments. (a) whether the collection of information (202) 927–8181. is necessary for the proper performance SUPPLEMENTARY INFORMATION: SUMMARY: The Department of the of the functions of the agency, including Title: Stills: Notices, Registration, and Treasury, as part of its continuing effort whether the information shall have Records. to reduce paperwork and respondent practical utility; (b) the accuracy of the OMB Number: 1512–0341. burden, invites the general public and agency’s estimate of the burden of the Recordkeeping Requirement ID other Federal agencies to take this collection of information; (c) ways to Number: ATF REC 5150/8. opportunity to comment on proposed enhance the quality, utility, and clarity Abstract: The information is used to and/or continuing information of the information to be collected; (d) account for and regulate the distillation collections, as required by the ways to minimize the burden of the of distilled spirits to protect the revenue Paperwork Reduction Act of 1995, collection of information on and to provide for identification of Public Law 104–13 (44 U.S.C. respondents, including through the use distillers. The record retention 3506(c)(2)(A)). Currently, the Bureau of of automated collection techniques or requirement for this information Alcohol, Tobacco and Firearms within other forms of information technology; collection is 3 years. the Department of the Treasury is and (e) estimates of capital or start-up Current Actions: There are no changes soliciting comments concerning the costs and costs of operation, to this information collection and it is Application for Tax-Exempt Transfer maintenance, and purchase of services being submitted for extension purposes and Registration of a Firearm. to provide information. only. DATES: Written comments should be Dated: October 28, 1999. Type of Review: Extension. received on or before January 4, 2000 to Affected Public: Business or other for- be assured of consideration. William T. Earle, Assistant Director (Management) CFO. profit. ADDRESS: Direct all written comments to Estimated Number of Respondents: Bureau of Alcohol, Tobacco and [FR Doc. 99–29011 Filed 11–4–99; 8:45 am] 10. Firearms, Linda Barnes, 650 BILLING CODE 4810±31±P Estimated Time Per Respondent: 30 Massachusetts Avenue, NW., minutes. Washington, DC 20226, (202) 927–8930. Estimated Total Annual Burden DEPARTMENT OF THE TREASURY Hours: 21. FOR FURTHER INFORMATION CONTACT: Requests for additional information or Bureau of Alcohol, Tobacco and Request for Comments copies of the form(s) and instructions Firearms Comments submitted in response to should be directed to Dave Marshall, this notice will be summarized and/or National Firearms Act Branch, 650 Proposed Collection; Comment included in the request for OMB Massachusetts Avenue, NW., Request Washington, DC 20226, (202) 927–8330. approval. All comments will become a ACTION: Notice and request for matter of public record. Comments are SUPPLEMENTARY INFORMATION: comments. invited on: (a) Whether the collection of Title: Application for Tax-Exempt information is necessary for the proper Transfer and Registration of a Firearm. SUMMARY: The Department of the performance of the functions of the OMB Number: 1512–0028. Treasury, as part of its continuing effort agency, including whether the Form Number: ATF F 5 (5320.5). to reduce paperwork and respondent information shall have practical utility; Abstract: The National Firearms Act burden, invites the general public and (b) the accuracy of the agency’s estimate requires that the information contained other Federal agencies to take this
VerDate 29-OCT-99 16:44 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.XXX pfrm01 PsN: 05NON1 60472 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices opportunity to comment on proposed ways to minimize the burden of the Current Actions: There are no changes and/or continuing information collection of information on to this information collection and it is collections, as required by the respondents, including through the use being submitted for extension purposes Paperwork Reduction Act of 1995, of automated collection techniques or only. Public Law 104–13 (44 U.S.C. other forms of information technology; Type of Review: Extension. 3506(c)(2)(A)). Currently, the Bureau of and (e) estimates of capital or start-up Affected Public: Individuals or Alcohol, Tobacco and Firearms within costs and costs of operation, households. the Department of the Treasury is maintenance, and purchase of services Estimated Number of Respondents: soliciting comments concerning the to provide information. 800. Application for Tax-Paid Transfer and Dated: October 28, 1999. Estimated Time Per Respondent: 30 Registration of a Firearm. Willaim T. Earle, minutes. DATES: Written comments should be Estimated Total Annual Burden Assistant Director (Management) CFO. Hours: 400. received on or before January 4, 2000 to [FR Doc. 99–29012 Filed 11–4–99; 8:45 am] be assured of consideration. Request For Comments: Comments BILLING CODE 4810±31±P submitted in response to this notice will ADDRESSES: Direct all written comments be summarized and/or included in the to Bureau of Alcohol, Tobacco and request for OMB approval. All Firearms, Linda Barnes, 650 DEPARTMENT OF THE TREASURY comments will become a matter of Massachusetts Avenue, NW., public record. Comments are invited on: Washington, DC 20226, (202) 927–8930. Bureau of Alcohol, Tobacco and Firearms (a) whether the collection of information FOR FURTHER INFORMATION CONTACT: is necessary for the proper performance Requests for additional information or Proposed Collection; Comment of the functions of the agency, including copies of the form(s) and instructions Request whether the information shall have should be directed to Dave Marshall, practical utility; (b) the accuracy of the National Firearms Act Branch, 650 ACTION: Notice and request for agency’s estimate of the burden of the Massachusetts Avenue, NW., comments. collection of information; (c) ways to Washington, DC 20226, (202) 927–8330. SUMMARY: The Department of the enhance the quality, utility, and clarity SUPPLEMENTARY INFORMATION: Treasury, as part of its continuing effort of the information to be collected; (d) Title: Application for Tax-Paid to reduce paperwork and respondent ways to minimize the burden of the Transfer and Registration of a Firearm. burden, invites the general public and collection of information on OMB Number: 1512–0027. other Federal agencies to take this respondents, including through the use Form Number: ATF F 4 (5320.4). opportunity to comment on proposed of automated collection techniques or Abstract: ATF 4 (5320.4) must be other forms of information technology; submitted to ATF to obtain approval for and/or continuing information collections, as required by the and (e) estimates of capital or start-up tax paid transfers of NFA firearms. costs and costs of operation, Approval of a transfer and registration Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. maintenance, and purchase of services of a firearm to a new owner are to provide information. accomplished with the information 3506(c)(2)(A)). Currently, the Bureau of supplied on this document. The record Alcohol, Tobacco and Firearms within Dated: October 28, 1999. retention requirement for this the Department of the Treasury is William T. Earle, information collection is 3 years. soliciting comments concerning the Assistant Director (Management) CFO. Current Actions: There are no changes Application to Transport Interstate or [FR Doc. 99–29013 Filed 11–4–99; 8:45 am] Temporarily Export Certain National to this information collection and it is BILLING CODE 4810±31±P being submitted for extension purposes Firearms Act (NFA) Firearms. only. DATES: Written comments should be Type of Review: Extension. received on or before January 4, 2000 to DEPARTMENT OF THE TREASURY Affected Public: Individuals or be assured of consideration. households, business or other for-profit. ADDRESSES: Direct all written comments Bureau of Alcohol, Tobacco and Estimated Number of Respondents: to Bureau of Alcohol, Tobacco and Firearms 7,853. Firearms, Linda Barnes, 650 Estimated Time Per Respondent: 4 Massachusetts Avenue, NW., Proposed Collection; Comment hours. Washington, DC 20226, (202) 927–8930. Request Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: ACTION: Notice and request for Hours: 31,412. Requests for additional information or comments. Request for Comments: Comments copies of the form(s) and instructions submitted in response to this notice will should be directed to Dave Marshall, SUMMARY: The Department of the be summarized and/or included in the National Firearms Act Branch, 650 Treasury, as part of its continuing effort request for OMB approval. All Massachusetts Avenue, NW., to reduce paperwork and respondent comments will become a matter of Washington, DC 20226, (202) 927–8330. burden, invites the general public and public record. Comments are invited on: SUPPLEMENTARY INFORMATION: other Federal agencies to take this (a) whether the collection of information Title: Application to Transport opportunity to comment on proposed is necessary for the proper performance Interstate or Temporarily Export Certain and/or continuing information of the functions of the agency, including National Firearms Act (NFA) Firearms. collections, as required by the whether the information shall have OMB Number: 1512–0022. Paperwork Reduction Act of 1995, practical utility; (b) the accuracy of the Form Number: ATF F 5320.20. Public Law 104–13 (44 U.S.C. agency’s estimate of the burden of the Abstract: ATF F 5320.20 is used to 3506(c)(2)(A)). Currently, the Bureau of collection of information; (c) ways to request permission to move certain NFA Alcohol, Tobacco and Firearms within enhance the quality, utility, and clarity firearms in interstate or foreign the Department of the Treasury is of the information to be collected; (d) commerce. soliciting comments concerning the
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Application and Permit for Permanent Dated: October 28, 1999. Estimated Number of Respondents: Exportation of Firearms. William T. Earle, 21,000. DATES: Written comments should be Assistant Director (Management) CFO. Estimated Time Per Respondent: 5 received on or before January 4, 2000 to [FR Doc. 99–29014 Filed 11–4–99; 8:45 am] minutes. Estimated Total Annual Burden be assured of consideration. BILLING CODE 4810±13±P Hours: 168. ADDRESSES: Direct all written comments Request for Comments: Comments to Bureau of Alcohol, Tobacco and DEPARTMENT OF THE TREASURY submitted in response to this notice will Firearms, Linda Barnes, 650 be summarized and/or included in the Massachusetts Avenue, NW., Bureau of Alcohol, Tobacco and request for OMB approval. All Washington, DC 20226, (202) 927–8930. Firearms comments will become a matter of FOR FURTHER INFORMATION CONTACT: public record. Comments are invited on: Requests for additional information or Proposed Collection; Comment (a) Whether the collection of copies of the form(s) and instructions Request information is necessary for the proper should be directed to Dave Marshall, ACTION: Notice and request for performance of the functions of the National Firearms Act Branch, 650 comments. agency, including whether the Massachusetts Avenue, NW., information shall have practical utility; Washington, DC 20226, (202) 927–8330. SUMMARY: The Department of the (b) the accuracy of the agency’s estimate SUPPLEMENTARY INFORMATION: Treasury, as part of its continuing effort of the burden of the collection of to reduce paperwork and respondent information; (c) ways to enhance the Title: Application and Permit for burden, invites the general public and quality, utility, and clarity of the Permanent Exportation of Firearms. other Federal agencies to take this information to be collected; (d) ways to OMB Number: 1512–0020. opportunity to comment on proposed minimize the burden of the collection of Form Number: ATF F 9 (5320.9). and/or continuing information information on respondents, including Abstract: ATF F 9 (5320.9) is required collections, as required by the through the use of automated collection of any person desiring to export an NFA Paperwork Reduction Act of 1995, techniques or other forms of information firearm without payment of transfer tax Public Law 104–13 (44 U.S.C. technology; and (e) estimates of capital and to establish such exportation to 3506(c)(2)(A)). Currently, the Bureau of or start-up costs and costs of operation, relieve the exporter from payment of the Alcohol, Tobacco and Firearms within maintenance, and purchase of services transfer tax. the Department of the Treasury is to provide information. Current Actions: There are no changes soliciting comments concerning the Dated: October 28, 1999. to this information collection and it is ATF Distribution Center Contractor William T. Earle, Survey. being submitted for extension purposes Assistant Director (Management) CFO. DATES: Written comments should be only. [FR Doc. 99–29015 Filed 11–4–99; 8:45 am] received on or before January 4, 2000 to Type of Review: Extension. BILLING CODE 4810±13±P Affected Public: Business or other for- be assured of consideration. profit, individuals or households ADDRESSES: Direct all written comments Estimated Number of Respondents: to Bureau of Alcohol, Tobacco and DEPARTMENT OF THE TREASURY 70. Firearms, Linda Barnes, 650 Massachusetts Avenue, NW., Internal Revenue Service Estimated Time Per Respondent: 18 Washington, DC 20226, (202) 927–8930. minutes. FOR FURTHER INFORMATION CONTACT: Open Meeting of Citizen Advocacy Estimated Total Annual Burden Requests for additional information or Panel, South Florida District Hours: 1,050. copies of the form(s) and instructions AGENCY: Internal Revenue Service (IRS), Request for Comments: Comments should be directed to Dirck Harris, Treasury. submitted in response to this notice will Document Services Branch, 650 ACTION: Notice. be summarized and/or included in the Massachusetts Avenue NW., request for OMB approval. All Washington, DC 20226, (202) 927–8930. SUMMARY: An open meeting of the So. comments will become a matter of SUPPLEMENTARY INFORMATION: Fla. Citizen Advocacy Panel will be public record. Comments are invited on: Title: ATF Distribution Center held in Sunrise, Florida. (a) whether the collection of information Contractor Survey. DATES: The meeting will be held Friday, is necessary for the proper performance OMB Number: 1512–0002. of the functions of the agency, including November 12, 1999 and Saturday, Form Number: ATF F 1600.7. November 13, 1999. whether the information shall have Abstract: ATF 1600.7 provides users practical utility; (b) the accuracy of the of the Bureau’s forms and publications FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden of the an opportunity to comment on the Nancy Ferree at 1–888–912–1227, or collection of information; (c) ways to Bureau’s Distribution Center contractor 954–423–7973. enhance the quality, utility, and clarity and the services it provides. The users SUPPLEMENTARY INFORMATION: Notice is of the information to be collected; (d) can evaluate and comment on the hereby given pursuant to Section ways to minimize the burden of the services of the Distribution Center 10(a)(2) of the Federal Advisory collection of information on contractor. Committee Act, 5 U.S.C. App. (1988) respondents, including through the use Current Actions: There are no changes that an open meeting of the Citizen of automated collection techniques or to this information collection and it is Advocacy Panel will be held Friday, other forms of information technology; being submitted for extension purposes November 12, 1999 from 6:00 pm to and (e) estimates of capital or start-up only. 9:00 pm and Saturday, November 13, costs and costs of operation, Type of Review:. Extension. 1999 from 9:00 am to 1:00 pm, in Room maintenance, and purchase of services Affected Public: Business or other for- 225, CAP Office, 7771 W. Oakland Park to provide information. profit. Blvd., Sunrise, Florida 33351. The
VerDate 29-OCT-99 16:54 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.XXX pfrm01 PsN: 05NON1 60474 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Notices public is invited to make oral Register for Wednesday, November 8, Signed at Washington, DC, this 1st day of comments. Individual comments will be 1978 (43FR52122). November, 1999. limited to 10 minutes. If you would like Charles O. Rossotti, Susan M. Green, to have the CAP consider a written Commissioner of Internal Revenue. Ex-Officio Member, Twenty-First Century statement, please call 1–888–912–1227 [FR Doc. 99–28968 Filed 11–4–99; 8:45 am] Workforce Commission. [FR Doc. 99–29108 Filed 11–4–99; 8:45 am] or 954–423–7973, or write Nancy BILLING CODE 4830±01±U Ferree, CAP Office, 7771 W. Oakland BILLING CODE 4510±23±U Park Blvd., Rm. 225, Sunrise, FL 33351. Due to limited conference space, TWENTY-FIRST CENTURY notification of intent to attend the WORKFORCE COMMISSION U.S. TRADE DEFICIT REVIEW meeting must be made with Nancy COMMISSION Ferree. Ms. Ferree can be reached at 1– Notice of Open Meeting 888–912–1227 or 954–423–7973. Notice of Open Hearing The agenda will include the AGENCY: Twenty-First Century following: Various IRS issue updates Workforce Commission. AGENCY: U.S. Trade Deficit Review and reports by the CAP sub-groups. ACTION: Notice of open meeting. Commission. ACTION: Notice of open public hearing. Note: Last minute changes to the agenda SUMMARY: Establishment of the Twenty- are possible and could prevent effective First Century Workforce Commission SUMMARY: Notice is hereby given of the advance notice. was mandated by Subtitle C of Title III following hearing of the U.S. Trade Dated: October 29, 1999. of the Workforce Investment Act, Sec. Deficit Review Commission. Cathy VanHorn, 331 of Public Law 105–220, 112 Stat. The Commission is mandated to Chief, CAP and Communications. 1087–1091, (29 U.S.C. 2701 note), report to the Congress and the President [FR Doc. 99–28967 Filed 11–4–99; 8:45 am] signed into law on August 7, 1998. The on the causes, consequences, and BILLING CODE 4830±01±U 15 voting member Twenty-First Century solutions to the U.S. trade deficit. The Workforce Commission will be a body purpose of this public hearing is to within the Legislative Branch, and is discuss high technology and software DEPARTMENT OF THE TREASURY charged with studying all aspects of the trade and U.S.-Asia financial relations. information technology workforce in the There will be two sessions, one in the Internal Revenue Service, Treasury United States. morning and one in the afternoon, for TIME & PLACE: presentations by invited witnesses on Performance Review Board The meeting will be held from 10 a.m. to approximately 4 p.m. on their views on the interrelationship AGENCY: Internal Revenue Service, Tuesday, November 16, 1999, at the U.S. between the trade deficit and the topics Treasury. Department of Labor, 200 Constitution of the hearing. There will be a question Ave, NW, Washington DC 20210, in the and answer period between the ACTION: Notice of members of Senior Policy Center, Room S–2312. Some Commissioners and the witnesses. Executive Service Performance Review Commissioners may attend by telephone Public participation is invited and Board. conference call. The occurrence of this there will be an open-mike session for meeting will depend on the availability public comment at the conclusion of the EFFECTIVE DATE: Performance Review of appropriations, which may not be afternoon session. Sign-up for the open- Board effective October 1, 1999. determined until shortly before the mike session will take place in the FOR FURTHER INFORMATION CONTACT: meeting. For up-to-date information, afternoon and will be on a first come DiAnn Kiebler, M:ES, Room 3515, 1111 please contact Ruth Samardick at (202) first served basis. Each individual or Constitution Avenue, NW, Washington, 219–6197, ext 130. group making an oral presentation will DC 20224, Telephone No. (202) 622– AGENDA: The agenda for the Commission be limited to a total time of 3 minutes. 6320, (not a toll free number). meeting will include: introduction of Because of time constraints, parties with SUPPLEMENTARY INFORMATION: Pursuant Commissioners; election of Chair and common interests are encouraged to to section 4314(c)(4) of the Civil Service Vice Chair; Adoption of Charter; designate a single speaker to represent Reform Act of 1978, the members of the Commission Organization and Staffing; their views. Internal Revenue Service’s Senior and time line. DATES: Monday, November 15, 1999, Executive Service Performance Review PUBLIC PARTICIPATION: The meeting, from 8:30 am–4:00 pm Pacific Time Board for senior executives in Field 10 a.m. to 4 p.m., is open to the public. inclusive. Offices are as follows: Seating is limited and will be available ADDRESSES: The hearing will be held at Charles Fowler III, National Director, on a first-come, first-served basis. Seats the Hyatt Rickeys Hotel in Palo Alto in EEO and Diversity will be reserved for the media. the Camino Ball Conference Room, 4219 Dale Hart, Regional Commissioner, Individuals with disabilities should El Camino Real, Palo Alto, CA 94306. Midstates Region contact Ruth Samardick at (202) 219– Public seating is limited to about 150 6197, ext. 130, if special seats and will be on a first come first Herma Hightower, Regional accommodations are needed. served basis. Free public parking is Commissioner, Northeast Region FOR FURTHER INFORMATION CONTACT: available at the hotel. Robert Johnson, Regional Ruth Samardick, Secretary of Labor’s FOR FURTHER INFORMATION CONTACT: Any Commissioner, Southeast Region Designated Liaison to the Twenty-First member of the public wishing further Jimmy Smith, Acting Executive Officer Century Workforce Commission, at information concerning the hearing or for Service Center Operations (202) 219–6197, ext 130. who wishes to submit oral or written This document does not meet the Due to difficulties of scheduling the comments should contract Kathy criteria for significant regulations set members, we are unable to provide a Michels, Administrative Officer for the forth in paragraph 8 of the Treasury full 15-day advance notice of this U.S. Trade Deficit Review Commission, Directive appearing in the Federal meeting. 444 North Capitol Street, NW, Suite 706,
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Washington, DC 20001; phone 202/624– purpose of this public hearing is to received too close to the hearing date 1407; or via e-mail at: [email protected]. discuss aerospace and other high- will normally be provided to the technology exports, and U.S.-Asia trade Commission Members at its hearing. Providing Oral or Written comments at and market access. There will be two Written comments may be provided up the Palo Alto Hearing sessions, one in the morning and one in until the time of the hearing. Copies of the draft meeting agenda, the afternoon, for presentations by Authority: The Trade Deficit Review when available, may be obtained from invited witnesses on their views on the Commission Act, Pub. L. No. 105–277, Div. the U.S. Trade Deficit Review interrelationship between the trade A, section 127, 112 Stat. 2681–547 (1998), Commission by going to the deficit and the topics of the hearing. established the Commission to study the Commission’s website at There will be a question and answer nature, causes and consequences of the www.ustdrc.gov. The Commission period between the Commissioners and United States merchandise trade and current requests that written public statements the witnesses. accounts deficits and report its findings to submitted for the record be brief and Public participation is invited and the President and the Congress. By statute, concise and limited to two pages in there will be an open-mike session for the Commission must hold at least 4 regional length. Written comments (at least 35 public comment at the conclusion of the field hearings and 1 hearing in Washington, DC. This is the third in a series of field copies) must be received at the USTDRC afternoon session. Sign-up for the open- hearings to be conducted. The schedule of Headquarters Office in Washington, DC mike session will take place in the by November 10, 1999. Comments hearings is available at the U.S. Trade Deficit afternoon and will be on a first come Review Commission website received too close to the hearing date first served basis. Each individual or VerDate 29-OCT-99 18:02 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.XXX pfrm03 PsN: 05NON1 eDt 9OT9 80 o 4 99Jt100 O000Fm001Ft41 ft41 :F\M0NP.X fm1PsN:05NOP2 pfrm01 E:\FR\FM\05NOP2.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 18:08Nov04, 1999 VerDate 29-OCT-99 federal register November 5,1999 Friday Areas; ProposedRule Standard NoLongerAppliesInCertain Rescinding Findings;1-HourOzone 40 CFRPart81 Protection Agency Environmental Part II 60477 60478 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules ENVIRONMENTAL PROTECTION confidential business information. We Region V—Todd Nettesheim (312) AGENCY accept comments as e-mail attachments 353–9153, or on disk. Either way, they must be in Region VI—Lt. Mick Cote (214) 665– 40 CFR Part 81 WordPerfect 5.1 or 6.0 or ASCII file 7219, format. Avoid the use of special Region VII—Royan Teter (913) 551– [FRL±6463±9] characters and any form of encryption. 7609, Rescinding Findings That the 1-Hour You may file your comments on this Region VIII—Tim Russ (303) 312– Ozone Standard No Longer Applies in proposed rule online at many Federal 6479, Certain Areas Depository Libraries. Be sure to identify Region IX—Morris Goldberg (415) all comments and data by Docket 744–1296, AGENCY: Environmental Protection number A–99–22. Region X—William Puckett (206) Agency (EPA). Public inspection. You may read the 553–1702 ACTION: Proposed rule. proposed rule (including paper copies SUPPLEMENTARY INFORMATION: of comments and data submitted On October 25, 1999, the Agency SUMMARY: On October 25, 1999, the EPA electronically, minus anything claimed published the preamble to this proposal. published the preamble to this proposed as confidential business information) at rule, proposing to rescind its prior As noted in the Federal Register (64 FR the Docket and Information Center. 57424) on that day, today’s action findings that the 1-hour ozone national They are available for public inspection ambient air quality standard (NAAQS) provides the regulatory language for Part from 8 a.m. to 5:30 p.m., Monday 81. and its accompanying designations and through Wednesday, excluding legal classifications no longer apply in certain holidays. We may charge a reasonable List of Subjects in 40 CFR Part 81 areas. Under the proposal, the fee for copying. Environmental protection, Air designations and classifications that pollution control, National parks, previously applied in such areas with FOR FURTHER INFORMATION CONTACT: Wilderness areas. respect to the 1-hour standard would be Questions about this proposal should be reinstated. Today’s action includes the addressed to Annie Nikbakht (policy) or Dated: October 20, 1999. proposed regulatory language for Part Barry Gilbert (air quality data), Office of Carol M. Browner, 81, as was noted in the published Air Quality Planning and Standards, Air Administrator. Quality Strategies and Standards preamble would follow in a subsequent For the reasons stated in the Federal Register. Division, Ozone Policy and Strategies Group, MD–15, Research Triangle Park, preamble, published on October 25, DATES: Your comments must be NC 27711, telephone (919) 541–5246/ 1999 (64 FR 57424), part 81 of chapter submitted on or before December 1, 5238 or e-mail to I, title 40 of the Code of Federal 1999 in order to be considered. [email protected] or Regulations is proposed to be amended ADDRESSES: You may comment in [email protected]. To ask as follows: various ways: about policy matters or monitoring data On paper. Send paper comments (in PART 81Ð[AMENDED] for a specific geographic area, call one duplicate, if possible) to the Air and of these contacts: 1. The authority citation for part 81 Radiation Docket and Information continues to read as follows: Center (6102), Attention: Docket No. A– Region I—Richard P. Burkhart (617) 99–22, U.S. Environmental Protection 918–1664, Authority: 42 U.S.C. 7401, et seq. Agency, 401 M St., SW, Room M–1500, Region II—Ray Werner (212) 637– 2. In § 81.301, the table entitled Washington, DC 20460, telephone (202) 3706, ‘‘Alabama-Ozone (1–Hour standard)’’ is 260–7548. Region III—Marcia Spink (215) 814– revised to read as follows: Electronically. Send electronic 2104, comments to EPA at: A-and-R- Region IV—Kay Prince (404) 562– § 81.301 Alabama. [email protected]. Avoid sending 9026, * * * * * * * ALABAMA-OZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Birmingham Area: Jefferson County ...... Nonattainment ...... Marginal. Shelby County ...... Nonattainment ...... Marginal. Rest of State ...... Unclassifiable/Attainment ...... Autauga County Baldwin County Barbour County Bibb County Blount County Bullock County Butler County Calhoun County Chambers County Cherokee County Chilton County Choctaw County Clarke County Clay County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60479 ALABAMA-OZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Cleburne County Coffee County Colbert County Conecuh County Coosa County Covington County Crenshaw County Cullman County Dale County Dallas County De Kalb County Elmore County Escambia County Etowah County Fayette County Franklin County Geneva County Greene County Hale County Henry County Houston County Jackson County Lamar County Lauderdale County Lawrence County Lee County Limestone County Lowndes County Macon County Madison County Marengo County Marion County Marshall County Mobile County Monroe County Montgomery County Morgan County Perry County Pickens County Pike County Randolph County Russell County St. Clair County Sumter County Talladega County Tallapoosa County Tuscaloosa County Walker County Washington County Wilcox County Winston County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 3. In § 81.302, the table entitled ‘‘Alaska—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.302 Alaska. * * * * * * * ALASKAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type AQCR 08 Cook Inlet Intrastate ...... Unclassifiable/Attainment Anchorage Election District Kenai Penninsula Election District Matanuska-Susitna Election District Seward Election District VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60480 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules ALASKAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type AQCR 09 Northern Alaska Intrastate ...... Unclassifiable/Attainment Barrow Election District Denali Borough Fairbanks Election District Kobuk Election District Nome Election District North Slope Election District Northwest Arctic Borough Southeast Fairbanks Election District Upper Yukon Election District Yukon-Koyukuk Election District AQCR 10 South Central Alaska Intrastate ...... Unclassifiable/Attainment Aleutian Islands Election District Aleutians East Borough Aleutians West Census Bethel Election District Bristol Bay Borough Election District Bristol Bay Election District Cordova-McCarthy Election District Dillingham Election District Kodiak Island Election District Kuskokwim Election District Lake and Peninsula Borough Valdez-Cordova Election District Wade Hampton Election District AQCR 11 Southeastern Alaska Intrastate ...... Unclassifiable/Attainment Angoon Election District Haines Election District Juneau Election District Ketchikan Election District Outer Kethcikan Election District Prince Of Wales Election District Sitka Election District Skagway-Yakutat Election District Wrangell-Petersburg Election District 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 4. In § 81.303, the table entitled ‘‘Arizona—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.303 Arizona. * * * * * * * ARIZONAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Phoenix Area: Maricopa County (part) ...... 11/15/90 Nonattainment ...... 2/13/98 Serious. The Urban Planning Area of the Maricopa Associa- tion of Governments is bounded as follows: 1. Commencing at a point which is at the inter- section of the eastern line of Range 7 East, Gila and Salt River Baseline and Meridian, and the southern line of Township 2 South, said point is the southeastern corner of the Maricopa Association of Governments Urban Planning Area, which is the point of begin- ning; VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60481 ARIZONAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type 2. Thence, proceed northerly along the eastern line of Range 7 East which is the common boundary between Maricopa and Pinal Counties, as described in Arizona Revised Statute Section 11±109, to a point where the eastern line of Range 7 East intersects the northern line of Township 1 North, said point is also the intersection of the Maricopa County Line and the Tonto National Forest Boundary, as established by Executive Order 869 dated July 1, 1908, as amended and showed on the U.S. Forest Service 1969 Planimetric Maps; 3. Thence, westerly along the northern line of Township 1 North to approximately the southwest corner of the southeast quarter of Section 35, Township 2 North, Range 7 East, said point being the boundary of the Tonto National Forest and Usery Mountain Semi-Regional Park; 4. Thence, northerly along the Tonto National Forest Boundary, which is generally the western line of the east half of Sections 26 and 35 of Township 2 North, Range 7 East, to a point which is where the quarter section line intersects with the northern line of Sec- tion 26, Township 2 North, Range 7 East, said point also being the northeast corner of the Usery Mountain Semi-Regional Park; 5. Thence, westerly along the Tonto National Forest Boundary, which is generally the south line of Sections 19, 20, 21 and 22 and the southern line of the west half of Section 23, Township 2 North, Range 7 East, to a point which is the southwest corner of Sec- tion 19, Township 2 North, Range 7 East; 6. Thence, northerly along the Tonto National Forest Boundary to a point where the Tonto National Forest Boundary intersects with the eastern boundary of the Salt River Indian Reservation, generally described as the cen- ter line of the Salt River Channel; 7. Thence, northeasterly and northerly along the common boundary of the Tonto National Forest and the Salt River Indian Reservation to a point which is the northeast corner of the Salt River Indian Reservation and the southeast corner of the Fort McDowell In- dian Reservation, as shown on the plat dated July 22, 1902, and recorded with the U.S. Government on June 15, 1902; 8. Thence, northeasterly along the common boundary between the Tonto National Forest and the Fort McDowell Indian Reservation to a point which is the northeast corner of the Fort McDowell Indian Reservation; 9. Thence, southwesterly along the northern boundary of the Fort McDowell Indian Res- ervation, which line is a common boundary with the Tonto National Forest, to a point where the boundary intersects with the east- ern line of Section 12, Township 4 North, Range 6 East; VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60482 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules ARIZONAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type 10. Thence, northerly along the eastern line of Range 6 East to a point where the eastern line of Range 6 East intersects with the southern line of Township 5 North, said line is the boundary between the Tonto National Forest and the east boundary of McDowell Mountain Regional Park; 11. Thence, westerly along the southern line of Township 5 North to a point where the southern line intersects with the eastern line of Range 5 East which line is the boundary of Tonto National Forest and the north boundary of McDowell Mountain Regional Park; 12. Thence, northerly along the eastern line of Range 5 East to a point where the eastern line of Range 5 East intersects with the northern line of Township 5 North, which line is the boundary of the Tonto National Forest; 13. Thence, westerly along the northern line of Township 5 North to a point where the northern line of Township 5 North intersects with the easterly line of Range 4 East, said line is the boundary of Tonto National For- est; 14. Thence, northerly along the eastern line of Range 4 East to a point where the eastern line of Range 4 East intersects with the northern line of Township 6 North, which line is the boundary of the Tonto National Forest; 15. Thence, westerly along the northern line of Township 6 North to a point of intersection with the Maricopa-Yavapai County line, which is generally described in Arizona Re- vised Statute Section 11±109 as the center line of the Aqua Fria River (Also the north end of Lake Pleasant); 16. Thence, southwesterly and southerly along the Maricopa-Yavapai County line to a point which is described by Arizona Revised Stat- ute Section 11±109 as being on the center line of the Aqua Fria River, two miles south- erly and below the mouth of Humbug Creek; 17. Thence, southerly along the center line of Aqua Fria River to the intersection of the center line of the Aqua Fria River and the center line of Beardsley Canal, said point is generally in the northeast quarter of Section 17, Township 5 North, Range 1 East, as shown on the U.S. Geological Survey's Baldy Mountain, Arizona Quadrangle Map, 7.5 Minute series (Topographic), dated 1964; 18. Thence, southwesterly and southerly along the center line of Beardsley Canal to a point which is the center line of Beardsley Canal where it intersects with the center line of In- dian School Road; 19. Thence, westerly along the center line of West Indian School Road to a point where the center line of West Indian School Road intersects with the center line of North Jack- rabbit Trail; VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60483 ARIZONAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type 20. Thence, southerly along the center line of Jackrabbit Trail approximately nine and three-quarter miles to a point where the cen- ter line of Jackrabbit Trail intersects with the Gila River, said point is generally on the north-south quarter section line of Section 8, Township 1 South, Range 2 West; 21. Thence, northeasterly and easterly up the Gila River to a point where the Gila River intersects with the northern extension of the western boundary of Estrella Mountain Re- gional Park, which point is generally the quarter corner of the northern line of Section 31, Township 1 North, Range 1 West; 22. Thence, southerly along the extension of the western boundary and along the western boundary of Estrella Mountain Regional Park to a point where the southern extension of the western boundary of Estrella Mountain Regional Park intersects with the southern line of Township 1 South; 23. Thence, easterly along the southern line of Township 1 South to a point where the south line of Township 1 South intersects with the western line of Range 1 East, which line is generally the southern boundary of Estrella Mountain Regional Park; 24. Thence, southerly along the western line of Range 1 East to the southwest corner of Section 18, Township 2 South, Range 1 East, said line is the western boundary of the Gila River Indian Reservation; 25. Thence, easterly along the southern boundary of the Gila River Indian Reserva- tion which is the southern line of Sections 13, 14, 15, 16, 17, and 18, Township 2 South, Range 1 East, to the boundary be- tween Maricopa and Pinal Counties as de- scribed in Arizona Revised Statues Section 11±109 and 11±113, which is the eastern line of Range 1 East; 26. Thence, northerly along the eastern bound- ary of Range 1 East, which is the common boundary between Maricopa and Pinal Counties, to a point where the eastern line of Range 1 East intersects the Gila River; 27. Thence, southerly up the Gila River to a point where the Gila River intersects with the southern line of Township 2 South; and 28. Thence, easterly along the southern line of Township 2 South to the point of beginning which is a point where the southern line of Township 2 South intersects with the east- ern line Range 7 East Tucson Area Pima County (part) Tuscon area ...... Unclassifiable/Attainment Rest of State ...... Unclassifiable/Attainment Apache County Cochise County Coconino County Gila County Graham County Greenlee County La Paz County Maricopa County (part) area outside of Phoenix Mohave County Navajo County Pima County (part) Remainder of county Pinal County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60484 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules ARIZONAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Santa Cruz County Yavapai County Yuma County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 5. In § 81.304, the table entitled ‘‘Arkansas—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.304 Arkansas. * * * * * * * ARKANSASÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type AQCR 016 Central Arkansas Intrastate (part) Pulaski Coun- ...... Unclassifiable/Attainment ty. AQCR 016 Central Arkansas Intrastate (Remainder of) ...... Unclassifiable/Attainment Chicot County Clark County Cleveland County Conway County Dallas County Desha County Drew County Faulkner County Garland County Grant County Hot Spring County Jefferson County Lincoln County Lonoke County Perry County Pope County Saline County Yell County AQCR 017 Metropolitan Fort Smith Interstate ...... Unclassifiable/Attainment Benton County Crawford County Sebastian County Washington County AQCR 018 Metropolitan Memphis Interstate ...... Unclassifiable/Attainment Crittenden County AQCR 019 Monroe-El Dorado Interstate ...... Unclassifiable/Attainment Ashley County Bradley County Calhoun County Nevada County Ouachita County Union County AQCR 020 Northeast Arkansas Intrastate ...... Unclassifiable/Attainment Arkansas County Clay County Craighead County Cross County Greene County Independence County Jackson County Lawrence County Lee County Mississippi County Monroe County Phillips County Poinsett County Prairie County Randolph County Sharp County St. Francis County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60485 ARKANSASÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type White County Woodruff County AQCR 021 Northwest Arkansas Intrastate ...... Unclassifiable/Attainment Baxter County Boone County Carroll County Cleburne County Franklin County Fulton County Izard County Johnson County Logan County Madison County Marion County Montgomery County Newton County Pike County Polk County Scott County Searcy County Stone County Van Buren County AQCR 022 Shreveport-Texarkana-Tyler Interstate ...... Unclassifiable/Attainment Columbia County Hempstead County Howard County Lafayette County Little River County Miller County Sevier County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 6. In § 81.305, the table entitled ‘‘California—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.305 California. * * * * * * * CALIFORNIAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Chico Area: Butte County ...... Nonattainment ...... Sec. 185A Area.2 Imperial County Area: Imperial County ...... Nonattainment ...... Sec. 185A Area.2 Los Angeles-South Coast Air Basin Area ...... Nonattainment ...... Extreme. Los Angeles County (part)Ðthat portion of Los Angeles County which lies south and west of a line described as follows: 1. Beginning at the Los AngelesÐSan Bernardino County boundary and running west along the Township line common to Township 3 North and Township 2 North, San Bernardino Base and Meridian; 2. then north along the range line common to Range 8 West and Range 9 West; 3. then west along the Township line common to Township 4 North and Township 3 North; 4. then north along the range line common to Range 12 West and Range 13 West to the southeast corner of Section 12, Township 5 North and Range 13 West; VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60486 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules CALIFORNIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type 5. then west along the south boundaries of Sec- tions 12, 11, 10, 9, 8, and 7, Township 5 North and Range 13 West to the boundary of the An- geles National Forest which is collinear with the range line common to Range 13 West and Range 14 West; 6. then north and west along the Angeles National Forest boundary to the point of intersection with the Township line common to Township 7 North and Township 6 North (point is at the northwest corner of Section 4 in Township 6 North and Range 14 West); 7. then west along the Township line common to Township 7 North and Township 6 North; 8. then north along the range line common to Range 15 West and Range 16 West to the southeast corner of Section 13, Township 7 North and Range 16 West; 9. then along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 7 North and Range 16 West; 10. then north along the range line common to Range 16 West and Range 17 West to the north boundary of the Angeles National Forest (col- linear with the Township line common to Town- ship 8 North and Township 7 North); 11. then west along the Angeles National Forest boundary to the point of intersection with the south boundary of the Rancho La Liebre Land Grant; 12. then west and north along this land grant boundary to the Los Angeles-Kern County boundary. Orange County ...... Nonattainment ...... Extreme. Riverside County (part)Ðthat portion of Riverside Coun- ...... Nonattainment ...... Extreme. ty which lies to the west of a line described as fol- lows: 1. Beginning at the RiversideÐSan Diego County boundary and running north along the range line common to Range 4 East and Range 3 East, San Bernardino Base and Meridian; 2. then east along the Township line common to Township 8 South and Township 7 South; 3. then north along the range line common to Range 5 East and Range 4 East; 4. then west along the Township line common to Township 6 South and Township 7 South to the southwest corner of Section 34, Township 6 South, Range 4 East; 5. then north along the west boundaries of Sec- tions 34, 27, 22, 15, 10, and 3, Township 6 South, Range 4 East; 6. then west along the Township line common to Township 5 South and Township 6 South; 7. then north along the range line common to Range 4 East and Range 3 East; 8. then west along the south boundaries of Sec- tions 13, 14, 15, 16, 17, and 18, Township 5 South, Range 3 East; 9. then north along the range line common to Range 2 East and Range 3 East; 10. then west along the Township line common to Township 4 South and Township 3 South to the intersection of the southwest boundary of partial Section 31, Township 3 South, Range 1 West; 11. then northwest along that line to the intersec- tion with the range line common to Range 2 West and Range 1 West; 12. then north to the Riverside-San Bernardino County line, VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60487 CALIFORNIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type San Bernardino County (part)Ðthat portion of San ...... Nonattainment ...... Extreme. Bernardino County which lies south and west of a line described as follows:. 1. Beginning at the San BernardinoÐRiverside County boundary and running north along the range line common to Range 3 East and Range 2 East, San Bernardino Base and Meridian; 2. then west along the Township line common to Township 3 North and Township 2 North to the San BernardinoÐLos Angeles County boundary; Monterey Bay Area ...... 3/18/97 Attainment. Monterey County San Benito County Santa Cruz County Sacramento Metro Area ...... Non-attainment ...... 6/01/95 Severe-15. El Dorado County (part): All portions of the county except that portion of El Dorado County within the drainage area naturally tributary to Lake Tahoe including said Lake. Placer County (part): ...... Nonattainment ...... 6/01/95 Severe-15. All portions of the county except that portion of Placer County within the drainage area naturally tributary to Lake Tahoe including said Lake, plus that area in the vicinity of the head of the Truck- ee River described as follows: commencing at the point common to the aforementioned drain- age area crestline and the line common to Town- ships 15 North and 16 North, Mount Diablo Base and Meridian (M.D.B.&M.), and following that line in a westerly direction to the northwest corner of Section 3, Township 15 North, Range 16 East, M.D.B.&M., thence south along the west line of Sections 3 and 10, Township 15 North, Range 16 East, M.D.B.&M., to the intersection with the said drainage area crestline, thence following the said drainage area boundary in a southeasterly, then northeasterly direction to and along the Lake Tahoe Dam, thence following the said drainage area crestline in a northeasterly, then northwesterly direction to the point of beginning. Sacramento County ...... Nonattainment ...... 6/01/95 Severe-15. Solano County (part) That portion of Solano County ...... Nonattainment ...... 6/01/95 Severe-15. which lies north and east of a line described as fol- lows: Description of boundary in Solano county between San Francisco and Sacramento: Beginning at the intersection of the westerly boundary of Solano County and the 1¤4 section line running east and west through the center of Section 34; T. 6 N., R. 2 W., M.D.B.&M., thence east along said 1¤4 section line to the east boundary of Section 36, T. 6 N., R. 2 W., thence south 1¤2 mile and east 2.0 miles, more or less, along the west and south boundary of Los Putos Rancho to the northwest corner of Section 4, T. 5 N., R. 1 W., thence east along a line common to T. 5 N. and T. 6 N. to the northeast corner of Section 3, T. 5 N., R. 1 E., thence south along section lines to the southeast corner of Section 10, T. 3 N., R. 1 E., thence east along section lines to the south 1¤4 corner of Section 8, T. 3 N., R. 2 E., thence east to the boundary between Solano and Sac- ramento Counties Sutter County (partÐsouthern portion)South of a line ...... Nonattainment ...... 6/01/95 Severe-15. connecting the northern border of Yolo Co. to the SW tip of Yuba Co. and continuing along the southern Yuba County border to Placer County. Yolo County ...... Nonattainment ...... 6/01/95 Severe-15. San Diego Area: San Diego County ...... 2/21/95 Nonattainment ...... 2/21/95 Serious. VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60488 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules CALIFORNIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type San Francisco-Bay Area ...... 8/10/98 Nonattainment ...... 8/10/98/ Not classified/Moderate 8/23/99 under 23 U.S.C. 104(b)(2). Alameda County ...... 8/10/98 ...... do ...... 8/23/99 Do. Contra Costa County ...... 8/10/98 ...... do ...... 8/23/99 Do. Marin County ...... 8/10/98 ...... do ...... 8/23/99 Do. Napa County ...... 8/10/98 ...... do ...... 8/23/99 Do. San Francisco County ...... 8/10/98 ...... do ...... 8/23/99 Do. San Mateo County ...... 8/10/98 ...... do ...... 8/23/99 Do. Santa Clara County ...... 8/10/98 ...... do ...... 8/23/99 Do. Solano County (part) ...... 8/10/98 ...... do ...... 8/23/99 Do. That portion of the county that lies south and west of the line described that follows: Description of boundary in Solano County between San Fran- cisco and Sacramento: Beginning at the intersec- tion at the westerly boundary of Solano County and the 1¤4 section line running east and west through the center of Section 34; T.6 N., R. 2 W., M.D.B.&M., thence east along said 1¤2 sec- tion line to the east boundary of Section 36, T. 6 N., R. 2 W., thence south 1¤2 mile and east 2.0 miles, more or less, along the west and south boundary of Los Putos Rancho to the northwest corner of Section 4, T. 5 N., R. 1 W, thence east along a line common to T. 5 N., and T. 6 N. to the northeast corner of Section 3, T. 5 N., R. 1 E., thence south along section lines to the south- east corner of Section 10 T. 3 N., R. 1 E., thence east along section lines to the south 1¤4 corner of Section 8 T. 3 N., R. 2 E., thence east to the boundary between Solano and Sacramento Counties. Sonoma County (part) ...... 8/10/98 ...... do ...... 8/23/99 Do. VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60489 CALIFORNIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type That portion of Sonoma county which lies south and east of a line described as follows: Begin- ning at the south-easterly corner of the Rancho Estero Americano, being on the boundary line between Marin Sonoma Counties, California; thence running northerly along the easterly boundary line of said Rancho Estero Americano to the northeasterly corner thereof, being an angle corner in the westerly boundary line of Rancho Canada de Jonive, thence running along said boundary of Rancho Canada de Jonive westerly,; northerly and easterly to its intersec- tion with the easterly line of Granton Road; thence running along the easterly and southerly line of Granton Road northerly and easterly to its intersection with the easterly line of Sullivan Road; thence running northerly along said eas- terly line of Sullivan Road to the southerly line of Green Valley Road; thence running easterly along the said southerly line of Green Valley Road and easterly along the southerly line of State Highway 116, to the westerly and northerly line of Vine Hill Road; thence running along the westerly and northerly line of Vine Hill Road, northerly and easterly to its intersection with the westerly line of Laguna Road; thence running northerly along the westerly line of Laguna Road and the northerly projection thereof to the north- erly line of Trenton Road; thence running west- erly along the northerly line of said Trenton Road to the easterly line of Trenton-Healdsburg Road to the easterly line of Eastside Road: thence run- ning northerly along said easterly line of Eastside Road to its intersection with the southerly line of Ranco Sotoyome; thence running easterly along said southerly line of Rancho Sotoyome to its intersection with the Township line common to Townships 8 and 9 north, Mt. Diablo Base and Meridian; thence running easterly along said Township line to its intersection with the bound- ary line between Sonoma and Napa Counties, State of California. San Joaquin Valley Area: Fresno County ...... Nonattainment ...... Serious. Kern County ...... Nonattainment ...... Serious. Kings County ...... Nonattainment ...... Serious. Madera County ...... Nonattainment ...... Serious. Merced County ...... Nonattainment ...... Serious. San Joaquin County ...... Nonattainment ...... Serious. Stanislaus County ...... Nonattainment ...... Serious. Tulare County ...... Nonattainment ...... Serious. Santa Barbara-Santa Maria-Lompoc Area: Santa Barbara County ...... Nonattainment ...... 1/09/98 Serious. Southeast Desert Modified AQMA Area ...... Nonattainment ...... Severe-17. Los Angeles County (part)Ðthat portion of Los Angeles County which lies north and east of a line described as follows: 1. Beginning at the Los AngelesÐSan Bernardino County boundary and running west along the Town- ship line common to Township 3 North and Township 2 North, San Bernardino Base and Meridian; 2. then north along the range line common to Range 8 West and Range 9 West; 3. then west along the Township line common to Town- ship 4 North and Township 3 North; 4. then north along the range line common to Range 12 West and Range 13 West to the southeast corner of Section 12, Township 5 North and Range 13 West; VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60490 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules CALIFORNIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type 5. then west along the south boundaries of Sections 12, 11, 10, 9, 8, and 7, Township 5 North and Range 13 West to the boundary of the Angeles National Forest which is collinear with the range line common to Range 13 West and Range 14 West; 6. then north and west along the Angeles National For- est boundary to the point of intersection with the Township line common to Township 7 North and Township 6 North (point is at the northwest corner of Section 4 in Township 6 North and Range 14 West); 7. then west along the Township line common to Town- ship 7 North and Township 6 North; 8. then north along the range line common to Range 15 West and Range 16 West to the southeast corner of Section 13, Township 7 North and Range 16 West; 9. then along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 7 North and Range 16 West; 10. then north along the range line common to Range 16 West and Range 17 West to the north boundary of the Angeles National Forest (collinear with the Township line common to Township 8 North and Township 7 North); 11. then west along the Angeles National Forest bound- ary to the point of intersection with the south bound- ary of the Rancho La Liebre Land Grant; 12. then west and north along this land grant boundary to the Los Angeles-Kern County boundary. Riverside County (part)Ðthat portion of Riverside Coun- ...... Nonattainment ...... Severe-17. ty which lies to the east of a line described as fol- lows: 1. Beginning at the RiversideÐSan Diego County boundary and running north along the range line common to Range 4 East and Range 3 East, San Bernardino Base and Meridian; 2. then east along the Township line common to Town- ship 8 South and Township 7 South; 3. then north along the range line common to Range 5 East and Range 4 East; 4. then west along the Township line common to Town- ship 6 South and Township 7 South to the southwest corner of Section 34, Township 6 South, Range 4 East; 5. then north along the west boundaries of Sections 34, 27, 22, 15, 10, and 3, Township 6 South, Range 4 East; 6. then west along the Township line common to Town- ship 5 South and Township 6 South; 7. then north along the range line common to Range 4 East and Range 3 East; 8. then west along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 5 South, Range 3 East; 9. then north along the range line common to Range 2 East and Range 3 East; 10. then west along the Township line common to Township 4 South and Township 3 South to the inter- section of the southwest boundary of partial Section 31, Township 3 South, Range 1 West; 11. then northwest along that line to the intersection with the range line common to Range 2 West and Range 1 West; 12. then north to the Riverside-San Bernardino County line, and that portion of Riverside County which lies to the west of a line described as follows: 13. beginning at the northeast corner of Section 4, Township 2 South, Range 5 East, a point on the boundary line common to Riverside and San Bernardino Counties; VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60491 CALIFORNIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type 14. then southerly along section lines to the centerline of the Colorado River Aquaduct; 15. then southeasterly along the centerline of said Colo- rado River Aquaduct to the southerly line of Section 36, Township 3 South, Range 7 East; 16. then easterly along the Township line to the north- east corner of Section 6, Township 4 South, Range 9 East; 17. then southerly along the easterly line of Section 6 to the southeast coner thereof; 18. then easterly along section lines to the northeast corner of Section 10, Township 4 South, Range 9 East; 19. then southerly along section lines to the southeast corner of Section 15, Township 4 South, Range 9 East; 20. then easterly along the section lines to the north- east corner of Section 21, Township 4 South, Range 10 East; 21. then southerly along the easterly line of Section 21 to the southeast corner thereof; 22. then easterly along the northerly line of Section 27 to the northeast corner thereof; 23. then southerly along section lines to the southeast corner of Section 34, Township 4 South, Range 10 East; 24. then easterly along the Township line to the north- east corner of Section 2, Township 5 South, Range 10 East; 25. then southerly along the easterly line of Section 2, to the southeast corner thereof; 26. then easterly along the northerly line of Section 12 to the northeast corner thereof; 27. then southerly along the range line to the southwest corner of Section 18, Township 5 South, Range 11 East; 28. then easterly along section lines to the northeast corner of Section 24, Township 5 South, Range 11 East; 29. then southerly along the range line to the southeast corner of Section 36, Township 8 South, Range 11 East, a point on the boundary line common to River- side and San Diego Counties. San Bernadino County (part)Ðthat portion of San ...... Nonattainment: ...... Severe-17. Bernardino County which lies north and east of a line described as follows: 1. Beginning at the San BernardinoÐRiverside County boundary and running north along the range line common to Range 3 East and Range 2 East, San Bernardino Base and Meridian; 2. then west along the Township line common to Town- ship 3 North and Township 2 North to the San BernardinoÐLos Angeles County boundary; and that portion of San Bernardino County which lies south and west of a line described as follows: 3. latitude 35 degrees, 10 minutes north and longitude 115 degrees, 45 minutes west. Ventura County Area: Ventura County ...... Nonattainment ...... Severe-15. Yuba City Area: Sutter County (partÐnorthern portion) ...... Nonattainment ...... Sec. 185A Area.2 North of a line connecting the northern border of Yolo County to the SW tip of Yuba County and continuing along the southern Yuba County border to Placer County. Yuba County ...... Nonattainment ...... Sec. 185A Area.2 Great Basin Valleys Air Basin ...... Unclassifiable/Attainment Alpine County Inyo County Mono County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60492 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules CALIFORNIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Lake County Air Basin ...... Unclassifiable/Attainment Lake County Lake Tahoe Air Basin ...... Unclassifiable/Attainment El Dorado County (part) Lake Tahoe Area: As described under 40 CFR 81.275. Placer County (part) Lake Tahoe Area: As described under 40 CFR 81.275. Mountain Counties Air Basin (Remainder of): Amador County ...... Unclassifiable/Attainment Calaveras County ...... Unclassifiable/Attainment Mariposa County ...... Unclassifiable/Attainment Nevada County ...... Unclassifiable/Attainment Plumas County ...... Unclassifiable/Attainment Sierra County ...... Unclassifiable/Attainment Tuolumne County ...... Unclassifiable/Attainment North Coast Air Basin ...... Unclassifiable/Attainment Del Norte County Humboldt County Mendocino County Sonoma County (part) Remainder of County Trinity County Northeast Plateau Air Basin ...... Unclassifiable/Attainment Lassen County Modoc County Siskiyou Couny Sacramento Valley Air Basin (Remainder of): Colusa County ...... Unclassifiable/Attainment Glenn County ...... Unclassifiable/Attainment Shasta County ...... Unclassifiable/Attainment Tehama County ...... Unclassifiable/Attainment South Central Coast Air Basin (Remainder of): Channel Islands ...... Unclassifiable/Attainment San Luis Obispo County ...... Unclassifiable/Attainment Southeast Desert NON±AQMA: Riverside County (part) Remainder of county ...... Unclassifiable/Attainment San Bernadino County (part) Remainder of county ...... Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. 2 An area designated as an ozone nonattainment area as of the date of enactment of the CAAA of the 1990 that did not violate the ozone NAAQS during the period of 1987±1989. * * * * * * * 7. In § 81.306, the table entitled ‘‘Colorado—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.306 Colorado. * * * * * * * COLORADOÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type DenverÐBoulder Area: Adams County (part) West of Kiowa Creek ...... Nonattainment ...... Sec. 185A Area.2 Arapahoe County (part) West of Kiowa Creek ...... Nonattainment ...... Sec. 185A Area.2 Boulder County (part) ...... Nonattainment ...... Sec. 185A Area.2 excluding Rocky Mtn. National Park Denver County ...... Nonattainment ...... Sec. 185A Area.2 Douglas County ...... Nonattainment ...... Sec. 185A Area.2 Jefferson County ...... Nonattainment ...... Sec. 185A Area.2 State AQCR 01 ...... Unclassifiable/Attainment Logan County Morgan County Phillips County Sedgwick County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60493 COLORADOÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Washington County Yuma County State AQCR 02 ...... Unclassifiable/Attainment Larimer County Weld County State AQCR 03 (Remainder of) ...... Unclassifiable/Attainment Adams County (part) East of Kiowa Creek Arapahoe County (part) East of Kiowa Creek Boulder County (part) Rocky Mtn. National Park Only Clear Creek County Gilpin County State AQCR 11 ...... Unclassifiable/Attainment Garfield County Mesa County Moffat County Rio Blanco County Rest of State ...... Unclassifiable/Attainment Alamosa County Archuleta County Baca County Bent County Chaffee County Cheyenne County Conejos County Costilla County Crowley County Custer County Delta County Dolores County Eagle County El Paso County Elbert County Fremont County Grand County Gunnison County Hinsdale County Huerfano County Jackson County Kiowa County Kit Carson County La Plata County Lake County Las Animas County Lincoln County Mineral County Montezuma County Montrose County Otero County Ouray County Park County Pitkin County Prowers County Pueblo County Rio Grande County Routt County Saguache County San Juan County San Miguel County Summit County Teller County 1 This date is November 15, 1990, unless otherwise noted. 2 An area designated as an ozone nonattainment area as of the date of enactment of the CAAA of the 1990 that did not violate the ozone NAAQS during the period of 1987±1989. * * * * * 8. In § 81.307, the table entitled ‘‘Connecticut—Ozone (1-Hour Standard)’’ is revised to read as follows: VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4706 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60494 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules § 81.307 Connecticut. * * * * * CONNECTICUTÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Greater Connecticut Area: Farfield County (part) ...... Nonattainment ...... Serious. Shelton City Hartford County ...... Nonattainment ...... Serious. Litchfield County (part) ...... Nonattainment ...... Serious. all cities and townships except: Bridgewater Town, New Milford Town Middlesex County ...... Nonattainment ...... Serious. New Haven County ...... Nonattainment ...... Serious. New London County ...... Nonattainment ...... Serious. Tolland County ...... Nonattainment ...... Serious. Windham County ...... Nonattainment ...... Serious. New YorkÐN. New Jersey-Long Island Area: Fairfield County (part) ...... Nonattainment ...... Severe-17. all cities and towns except Shelton City Litchfield County (part) ...... Nonattainment ...... Severe-17. Bridgewater Town, New Milford Town 1 This date is November 15, 1990, unless otherwise noted. * * * * * 9. In § 81.308, the table entitled ‘‘Delaware—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.308 Delaware. * * * * * DELAWAREÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Philadelphia-Wilmington-Trenton Area: Kent County ...... Nonattainment ...... Severe-15. New Castle County ...... Nonattainment ...... Severe-15. Sussex County Area: xl xl ...... Sussex County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. 1 This date is November 15, 1990, unless otherwise noted. * * * * * * 10. In § 81.309, the table entitled ‘‘District of Columbia—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.309 District of Columbia. * * * * * * * DISTRICT OF COLUMBIAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Type Date 1 Date 1 Type Washington Area Washington Entire Area ...... Nonattainment ...... Serious. 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 11. In § 81.310, the table entitled ‘‘Florida—Ozone (1–Hour Standard)’’ is revised to read as follows: § 81.310 Florida. * * * * * * * VerDate 29-OCT-99 19:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60495 FLORIDAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date1 Type Date1 Type Statewide ...... Unclassifiable/Attainment Alachua County Baker County Bay County Bradford County Brevard County Broward County ...... 4/25/95 Calhoun County Charlotte County Citrus County Clay County Collier County Columbia County Dade County ...... 4/25/95 De Soto County Dixie County Duval County ...... 3/6/95 Escambia County Flagler County Franklin County Gadsden County Gilchrist County Glades County Gulf County Hamilton County Hardee County Hendry County Hernando County Highlands County Hillsborough County ...... 2/05/96 Holmes County Indian River County Jackson County Jefferson County Lafayette County Lake County Lee County Leon County Levy County Liberty County Madison County Manatee County Marion County Martin County Monroe County Nassau County Okaloosa County Okeechobee County Orange County Osceola County Palm Beach County ...... 4/25/95 Pasco County Pinellas County ...... 02/05/96 Polk County Putnam County Santa Rosa County Sarasota County Seminole County St. Johns County St. Lucie County Sumter County Suwannee County Taylor County Union County Volusia County Wakulla County Walton County Washington County 1 This date is November 15, 1990, unless otherwise noted. VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60496 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules * * * * * * 12. In § 81.311, the table entitled ‘‘Georgia—-Ozone (1–Hour Standard)’’ is revised to read as follows: § 81.311 Georgia. * * * * * * GEORGIAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Atlanta Area: Cherokee County ...... Nonattainment ...... Serious. Clayton County ...... Nonattainment ...... Serious. Cobb County ...... Nonattainment ...... Serious. Coweta County ...... Nonattainment ...... Serious. De Kalb County ...... Nonattainment ...... Serious. Douglas County ...... Nonattainment ...... Serious. Fayette County ...... Nonattainment ...... Serious. Forsyth County ...... Nonattainment ...... Serious. Fulton County ...... Nonattainment ...... Serious. Gwinnett County ...... Nonattainment ...... Serious. Henry County ...... Nonattainment ...... Serious. Paulding County ...... Nonattainment ...... Serious. Rockdale County ...... Nonattainment ...... Serious. Rest of State ...... Unclassifiable/Attainment Appling County Atkinson County Bacon County Baker County Baldwin County Banks County Barrow County Bartow County Ben Hill County Berrien County Bibb County Bleckley County Brantley County Brooks County Bryan County Bulloch County Burke County Butts County Calhoun County Camden County Candler County Carroll County Catoosa County Charlton County Chatham County Chattahoochee County Chattooga County Clarke County Clay County Clinch County Coffee County Colquitt County Columbia County Cook County Crawford County Crisp County Dade County Dawson County Decatur County Dodge County Dooly County Dougherty County Early County Echols County Effingham County Elbert County Emanuel County Evans County Fannin County Floyd County Franklin County VerDate 29-OCT-99 19:41 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60497 GEORGIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Gilmer County Glascock County Glynn County Gordon County Grady County Greene County Habersham County Hall County Hancock County Haralson County Harris County Hart County Heard County Houston County Irwin County Jackson County Jasper County Jeff Davis County Jefferson County Jenkins County Johnson County Jones County Lamar County Lanier County Laurens County Lee County Liberty County Lincoln County Long County Lowndes County Lumpkin County Macon County Madison County Marion County McDuffie County McIntosh County Meriwether County Miller County Mitchell County Monroe County Montgomery County Morgan County Murray County Muscogee County Newton County Oconee County Oglethorpe County Peach County Pickens County Pierce County Pike County Polk County Pulaski County Putnam County Quitman County Rabun County Randolph County Richmond County Schley County Screven County Seminole County Spalding County Stephens County Stewart County Sumter County Talbot County Taliaferro County Tattnall County Taylor County Telfair County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60498 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules GEORGIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Terrell County Thomas County Tift County Toombs County Towns County Treutlen County Troup County Turner County Twiggs County Union County Upson County Walker County Walton County Ware County Warren County Washington County Wayne County Webster County Wheeler County White County Whitfield County Wilcox County Wilkes County Wilkinson County Worth County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 13. In § 81.312, the table entitled ‘‘Hawaii—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.312 Hawaii. * * * * * * * HAWAIIÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Statewide ...... Unclassifiable/Attainment Hawaii County Honolulu County Kalawao Kauai County Maui County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 14. In § 81.313, the table entitled ‘‘Idaho—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.313 Idaho. * * * * * * * IDAHOÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type AQCR 61 Eastern Idaho Intrastate ...... Unclassifiable/Attainment Bannock County Bear Lake County Bingham County Bonneville County Butte County Caribou County Clark County Franklin County Fremont County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60499 IDAHOÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Jefferson County Madison County Oneida County Power County Teton County AQCR 62 E Washington-N Idaho Interstate ...... Unclassifiable/Attainment Benewah County Kootenai County Latah County Nez Perce County Shoshone County AQCR 63 Idaho Intrastate ...... Unclassifiable/Attainment Adams County Blaine County Boise County Bonner County Boundary County Camas County Cassia County Clearwater County Custer County Elmore County Gem County Gooding County Idaho County Jerome County Lemhi County Lewis County Lincoln County Minidoka County Owyhee County Payette County Twin Falls County Valley County Washington County AQCR 64 Metropolitan Boise Interstate ...... Unclassifiable/Attainment Ada County Canyon County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 15. In § 81.314, the table entitled ‘‘Illinois—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.314 Illinois. * * * * * * * ILLINOISÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Chicago-Gary-Lake County Area: Cook County ...... Nonattainment ...... Severe-17. Du Page County ...... Nonattainment ...... Severe-17. Grundy County (part) Aux Sable Township ...... Nonattainment ...... Severe-17. Goose Lake Township ...... Nonattainment ...... Severe-17. Kane County ...... Nonattainment ...... Severe-17. Kendall County (part) Oswego Township ...... Nonattainment ...... Severe-17. Lake County ...... Nonattainment ...... Severe-17. McHenry County ...... Nonattainment ...... Severe-17. Will County ...... Nonattainment ...... Severe-17. Jersey County Area: Jersey County ...... *Attainment St. Louis Area: Madison County ...... Nonattainment ...... Moderate. Monroe County ...... Nonattainment ...... Moderate. St. Clair County ...... Nonattainment ...... Moderate. VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60500 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules ILLINOISÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Adams County ...... Unclassifiable/Attainment Alexander County ...... Unclassifiable/Attainment Bond County ...... Unclassifiable/Attainment Boone County ...... Unclassifiable/Attainment Brown County ...... Unclassifiable/Attainment Bureau County ...... Unclassifiable/Attainment Calhoun County ...... Unclassifiable/Attainment Carroll County ...... Unclassifiable/Attainment Cass County ...... Unclassifiable/Attainment Champaign County ...... Unclassifiable/Attainment Christian County ...... Unclassifiable/Attainment Clark County ...... Unclassifiable/Attainment Clay County ...... Unclassifiable/Attainment Clinton County ...... Unclassifiable/Attainment Coles County ...... Unclassifiable/Attainment Crawford County ...... Unclassifiable/Attainment Cumberland County ...... Unclassifiable/Attainment De Kalb County ...... Unclassifiable/Attainment De Witt County ...... Unclassifiable/Attainment Douglas County ...... Unclassifiable/Attainment Edgar County ...... Unclassifiable/Attainment Edwards County ...... Unclassifiable/Attainment Effingham County ...... Unclassifiable/Attainment Fayette County ...... Unclassifiable/Attainment Ford County ...... Unclassifiable/Attainment Franklin County ...... Unclassifiable/Attainment Fulton County ...... Unclassifiable/Attainment Gallatin County ...... Unclassifiable/Attainment Greene County ...... Unclassifiable/Attainment Grundy County (part) All townships except Aux Sable and Goose Lake ...... Unclassifiable/Attainment Hamilton County ...... Unclassifiable/Attainment Hancock County ...... Unclassifiable/Attainment Hardin County ...... Unclassifiable/Attainment Henderson County ...... Unclassifiable/Attainment Henry County ...... Unclassifiable/Attainment Iroquois County ...... Unclassifiable/Attainment Jackson County ...... Unclassifiable/Attainment Jasper County ...... Unclassifiable/Attainment Jefferson County ...... Unclassifiable/Attainment Jo Daviess County ...... Unclassifiable/Attainment Johnson County ...... Unclassifiable/Attainment Kankakee County ...... Unclassifiable/Attainment Kendall County (part) All townships except Oswego ...... Unclassifiable/Attainment Knox County ...... Unclassifiable/Attainment La Salle County ...... Unclassifiable/Attainment Lawrence County ...... Unclassifiable/Attainment Lee County ...... Unclassifiable/Attainment Livingston County ...... Unclassifiable/Attainment Logan County ...... Unclassifiable/Attainment Macon County ...... Unclassifiable/Attainment Macoupin County ...... Unclassifiable/Attainment Marion County ...... Unclassifiable/Attainment Marshall County ...... Unclassifiable/Attainment Mason County ...... Unclassifiable/Attainment Massac County ...... Unclassifiable/Attainment McDonough County ...... Unclassifiable/Attainment McLean County ...... Unclassifiable/Attainment Menard County ...... Unclassifiable/Attainment Mercer County ...... Unclassifiable/Attainment Montgomery County ...... Unclassifiable/Attainment Morgan County ...... Unclassifiable/Attainment Moultrie County ...... Unclassifiable/Attainment Ogle County ...... Unclassifiable/Attainment Peoria County ...... Unclassifiable/Attainment Perry County ...... Unclassifiable/Attainment Piatt County ...... Unclassifiable/Attainment Pike County ...... Unclassifiable/Attainment Pope County ...... Unclassifiable/Attainment VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60501 ILLINOISÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Pulaski County ...... Unclassifiable/Attainment Putnam County ...... Unclassifiable/Attainment Randolph County ...... Unclassifiable/Attainment Richland County ...... Unclassifiable/Attainment Rock Island County ...... Unclassifiable/Attainment Saline County ...... Unclassifiable/Attainment Sangamon County ...... Unclassifiable/Attainment Schuyler County ...... Unclassifiable/Attainment Scott County ...... Unclassifiable/Attainment Shelby County ...... Unclassifiable/Attainment Stark County ...... Unclassifiable/Attainment Stephenson County ...... Unclassifiable/Attainment Tazewell County ...... Unclassifiable/Attainment Union County ...... Unclassifiable/Attainment Vermilion County ...... Unclassifiable/Attainment Wabash County ...... Unclassifiable/Attainment Warren County ...... Unclassifiable/Attainment Washington County ...... Unclassifiable/Attainment Wayne County ...... Unclassifiable/Attainment White County ...... Unclassifiable/Attainment Whiteside County ...... Unclassifiable/Attainment Williamson County ...... Unclassifiable/Attainment Winnebago County ...... Unclassifiable/Attainment Woodford County ...... Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. * April 13, 1995. * * * * * * * 16. In § 81.315, the table entitled ‘‘Indiana—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.315 Indiana. * * * * * * * INDIANAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Chicago-Gary-Lake County Area: Lake County ...... Nonattainment ...... Severe-17 Porter County ...... Nonattainment ...... Severe-17 Evansville Area: Vanderburgh County ...... 12/09/97 Attainment Indianapolis Area: Marion County ...... 11/30/94 Attainment Louisville Area: Clark County ...... Nonattainment ...... Moderate 2 Floyd County ...... Nonattainment ...... Moderate 2 South Bend-Elkhart Area: Elkhart County ...... 11/30/94 Attainment St Joseph County ...... 11/30/94 Attainment Allen County ...... Unclassifiable/Attainment Adams County ...... Unclassifiable/Attainment Bartholomew County ...... Unclassifiable/Attainment Benton County ...... Unclassifiable/Attainment Blackford County ...... Unclassifiable/Attainment Boone County ...... Unclassifiable/Attainment Brown County ...... Unclassifiable/Attainment Carroll County ...... Unclassifiable/Attainment Cass County ...... Unclassifiable/Attainment Clay County ...... Unclassifiable/Attainment Clinton County ...... Unclassifiable/Attainment Crawford County ...... Unclassifiable/Attainment Daviess County ...... Unclassifiable/Attainment De Kalb County ...... Unclassifiable/Attainment Dearborn County ...... Unclassifiable/Attainment Decatur County ...... Unclassifiable/Attainment Delaware County ...... Unclassifiable/Attainment Dubois County ...... Unclassifiable/Attainment VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60502 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules INDIANAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Fayette County ...... Unclassifiable/Attainment Fountain County ...... Unclassifiable/Attainment Franklin County ...... Unclassifiable/Attainment Fulton County ...... Unclassifiable/Attainment Gibson County ...... Unclassifiable/Attainment Grant County ...... Unclassifiable/Attainment Greene County ...... Unclassifiable/Attainment Hamilton County ...... Unclassifiable/Attainment Hancock County ...... Unclassifiable/Attainment Harrison County ...... Unclassifiable/Attainment Hendricks County ...... Unclassifiable/Attainment Henry County ...... Unclassifiable/Attainment Howard County ...... Unclassifiable/Attainment Huntington County ...... Unclassifiable/Attainment Jackson County ...... Unclassifiable/Attainment Jasper County ...... Unclassifiable/Attainment Jay County ...... Unclassifiable/Attainment Jefferson County ...... Unclassifiable/Attainment Jennings County ...... Unclassifiable/Attainment Johnson County ...... Unclassifiable/Attainment Knox County ...... Unclassifiable/Attainment Kosciusko County ...... Unclassifiable/Attainment La Porte County ...... Unclassifiable/Attainment Lagrange County ...... Unclassifiable/Attainment Lawrence County ...... Unclassifiable/Attainment Madison County ...... Unclassifiable/Attainment Marshall County ...... Unclassifiable/Attainment Martin County ...... Unclassifiable/Attainment Miami County ...... Unclassifiable/Attainment Monroe County ...... Unclassifiable/Attainment Montgomery County ...... Unclassifiable/Attainment Morgan County ...... Unclassifiable/Attainment Newton County ...... Unclassifiable/Attainment Noble County ...... Unclassifiable/Attainment Ohio County ...... Unclassifiable/Attainment Orange County ...... Unclassifiable/Attainment Owen County ...... Unclassifiable/Attainment Parke County ...... Unclassifiable/Attainment Perry County ...... Unclassifiable/Attainment Pike County ...... Unclassifiable/Attainment Posey County ...... Unclassifiable/Attainment Pulaski County ...... Unclassifiable/Attainment Putnam County ...... Unclassifiable/Attainment Randolph County ...... Unclassifiable/Attainment Ripley County ...... Unclassifiable/Attainment Rush County ...... Unclassifiable/Attainment Scott County ...... Unclassifiable/Attainment Shelby County ...... Unclassifiable/Attainment Spencer County ...... Unclassifiable/Attainment Starke County ...... Unclassifiable/Attainment Steuben County ...... Unclassifiable/Attainment Sullivan County ...... Unclassifiable/Attainment Switzerland County ...... Unclassifiable/Attainment Tippecanoe County ...... Unclassifiable/Attainment Tipton County ...... Unclassifiable/Attainment Union County ...... Unclassifiable/Attainment Vermillion County ...... Unclassifiable/Attainment Vigo County ...... Unclassifiable/Attainment Wabash County ...... Unclassifiable/Attainment Warren County ...... Unclassifiable/Attainment Warrick County ...... Unclassifiable/Attainment Washington County ...... Unclassifiable/Attainment Wayne County ...... Unclassifiable/Attainment Wells County ...... Unclassifiable/Attainment White County ...... Unclassifiable/Attainment Whitley County ...... Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. 2 Attainment date extended to November 15, 1997. * * * * * * * VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00026 Fmt 4701 Sfmt 4706 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60503 17. In § 81.316, the table entitled ‘‘Iowa—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.316 Iowa. * * * * * * * IOWAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Statewide ...... Unclassifiable/Attainment Adair County Adams County Allamakee County Appanoose County Audubon County Benton County Black Hawk County Boone County Bremer County Buchanan County Buena Vista County Butler County Calhoun County Carroll County Cass County Cedar County Cerro Gordo County Cherokee County Chickasaw County Clarke County Clay County Clayton County Clinton County Crawford County Dallas County Davis County Decatur County Delaware County Des Moines County Dickinson County Dubuque County Emmet County Fayette County Floyd County Franklin County Fremont County Greene County Grundy County Guthrie County Hamilton County Hancock County Hardin County Harrison County Henry County Howard County Humboldt County Ida County Iowa County Jackson County Jasper County Jefferson County Johnson County Jones County Keokuk County Kossuth County Lee County Linn County Louisa County Lucas County Lyon County Madison County Mahaska County Marion County Marshall County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60504 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules IOWAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Mills County Mitchell County Monona County Monroe County Montgomery County Muscatine County O'Brien County Osceola County Page County Palo Alto County Plymouth County Pocahontas County Polk County Pottawattamie County Poweshiek County Ringgold County Sac County Scott County Shelby County Sioux County Story County Tama County Taylor County Union County Van Buren County Wapello County Warren County Washington County Wayne County Webster County Winnebago County Winneshiek County Woodbury County Worth County Wright County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 18. In § 81.317, the table entitled ‘‘Kansas—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.317 Kansas. * * * * * * * KANSASÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Allen County ...... Unclassifiable/Attainment Anderson County ...... Unclassifiable/Attainment Atchison County ...... Unclassifiable/Attainment Barber County ...... Unclassifiable/Attainment Barton County ...... Unclassifiable/Attainment Bourbon County ...... Unclassifiable/Attainment Brown County ...... Unclassifiable/Attainment Butler County ...... Unclassifiable/Attainment Chase County ...... Unclassifiable/Attainment Chautauqua County ...... Unclassifiable/Attainment Cherokee County ...... Unclassifiable/Attainment Cheyenne County ...... Unclassifiable/Attainment Clark County ...... Unclassifiable/Attainment Clay County ...... Unclassifiable/Attainment Cloud County ...... Unclassifiable/Attainment Coffey County ...... Unclassifiable/Attainment Comanche County ...... Unclassifiable/Attainment Cowley County ...... Unclassifiable/Attainment Crawford County ...... Unclassifiable/Attainment Decatur County ...... Unclassifiable/Attainment Dickinson County ...... Unclassifiable/Attainment VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60505 KANSASÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Doniphan County ...... Unclassifiable/Attainment Douglas County ...... Unclassifiable/Attainment Edwards County ...... Unclassifiable/Attainment Elk County ...... Unclassifiable/Attainment Ellis County ...... Unclassifiable/Attainment Ellsworth County ...... Unclassifiable/Attainment Finney County ...... Unclassifiable/Attainment Ford County ...... Unclassifiable/Attainment Franklin County ...... Unclassifiable/Attainment Geary County ...... Unclassifiable/Attainment Gove County ...... Unclassifiable/Attainment Graham County ...... Unclassifiable/Attainment Grant County ...... Unclassifiable/Attainment Gray County ...... Unclassifiable/Attainment Greeley County ...... Unclassifiable/Attainment Greenwood County ...... Unclassifiable/Attainment Hamilton County ...... Unclassifiable/Attainment Harper County ...... Unclassifiable/Attainment Harvey County ...... Unclassifiable/Attainment Haskell County ...... Unclassifiable/Attainment Hodgeman County ...... Unclassifiable/Attainment Jackson County ...... Unclassifiable/Attainment Jefferson County ...... Unclassifiable/Attainment Jewell County ...... Unclassifiable/Attainment Johnson County ...... 7/23/92 Unclassifiable/Attainment Kearny County ...... Unclassifiable/Attainment Kingman County ...... Unclassifiable/Attainment Kiowa County ...... Unclassifiable/Attainment Labette County ...... Unclassifiable/Attainment Lane County ...... Unclassifiable/Attainment Leavenworth County ...... Unclassifiable/Attainment Lincoln County ...... Unclassifiable/Attainment Linn County ...... Unclassifiable/Attainment Logan County ...... Unclassifiable/Attainment Lyon County ...... Unclassifiable/Attainment Marion County ...... Unclassifiable/Attainment Marshall County ...... Unclassifiable/Attainment McPherson County ...... Unclassifiable/Attainment Meade County ...... Unclassifiable/Attainment Miami County ...... Unclassifiable/Attainment Mitchell County ...... Unclassifiable/Attainment Montgomery County ...... Unclassifiable/Attainment Morris County ...... Unclassifiable/Attainment Morton County ...... Unclassifiable/Attainment Nemaha County ...... Unclassifiable/Attainment Neosho County ...... Unclassifiable/Attainment Ness County ...... Unclassifiable/Attainment Norton County ...... Unclassifiable/Attainment Osage County ...... Unclassifiable/Attainment Osborne County ...... Unclassifiable/Attainment Ottawa County ...... Unclassifiable/Attainment Pawnee County ...... Unclassifiable/Attainment Phillips County ...... Unclassifiable/Attainment Pottawatomie County ...... Unclassifiable/Attainment Pratt County ...... Unclassifiable/Attainment Rawlins County ...... Unclassifiable/Attainment Reno County ...... Unclassifiable/Attainment Republic County ...... Unclassifiable/Attainment Rice County ...... Unclassifiable/Attainment Riley County ...... Unclassifiable/Attainment Rooks County ...... Unclassifiable/Attainment Rush County ...... Unclassifiable/Attainment Russell County ...... Unclassifiable/Attainment Saline County ...... Unclassifiable/Attainment Scott County ...... Unclassifiable/Attainment Sedgwick County ...... Unclassifiable/Attainment Seward County ...... Unclassifiable/Attainment Shawnee County ...... Unclassifiable/Attainment Sheridan County ...... Unclassifiable/Attainment Sherman County ...... Unclassifiable/Attainment VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60506 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules KANSASÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Smith County ...... Unclassifiable/Attainment Stafford County ...... Unclassifiable/Attainment Stanton County ...... Unclassifiable/Attainment Stevens County ...... Unclassifiable/Attainment Sumner County ...... Unclassifiable/Attainment Thomas County ...... Unclassifiable/Attainment Trego County ...... Unclassifiable/Attainment Wabaunsee County ...... Unclassifiable/Attainment Wallace County ...... Unclassifiable/Attainment Washington County ...... Unclassifiable/Attainment Wichita County ...... Unclassifiable/Attainment Wilson County ...... Unclassifiable/Attainment Woodson County ...... Unclassifiable/Attainment Wyandotte County ...... 7/23/92 Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 19. In § 81.318, the table entitled ‘‘Kentucky—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.318 Kentucky. * * * * * * * KENTUCKYÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Cincinnati-Hamilton Area: Boone County ...... Nonattainment ...... Moderate.2 Campbell County ...... Nonattainment ...... Moderate.2 Kenton County ...... Nonattainment ...... Moderate.2 Edmonson County Area: Edmonson County ...... 1/3/95 Unclassifiable/Attainment Louisville Area: VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60507 KENTUCKYÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Bullitt County (part): The area boundary is as follows: ...... Nonattainment ...... Moderate.2 Beginning at the intersection of Ky 1020 and the Jef- ferson-Bullitt County Line proceeding to the east along the county line to the intersection of county road 567 and the Jefferson-Bullitt County Line; pro- ceeding south on county road 567 to the junction with Ky 1116 (also known as Zoneton Road); proceeding to the south on Ky 1116 to the junction with Hebron Lane; proceeding to the south on Hebron Lane to Cedar Creek; proceeding south on Cedar Creek to the confluence of Floyds Fork turning southeast along a creek that meets Ky 44 at Stallings Cemetery; pro- ceeding west along Ky 44 to the eastern most point in the Shepherdsville city limits; proceeding south along the Shepherdsville city limits to the Salt River and west to a point across the river from Mooney Lane; proceeding south along Mooney Lane to the junction of Ky 480; proceeding west on Ky 480 to the junction with Ky 2237; proceeding south on Ky 2237 to the junction with Ky 61 and proceeding north on Ky 61 to the junction with Ky 1494; proceeding south on Ky 1494 to the junction with the perimeter of the Fort Knox Military Reservation; proceeding north along the military reservation perimeter to Castleman Branch Road; proceeding north on Castleman Branch Road to Ky 44; proceeding a very short distance west on Ky 44 to a junction with Ky 2723; proceeding north on Ky 2723 to the junction of Chillicoop Road; proceeding northeast on Chillicoop Road to the junc- tion of KY 2673; proceeding north on KY 2673 to the junction of KY 1020; proceeding north on KY 1020 to the beginning; unless a road or intersection of two or more roads defines the nonattainment boundary, the area shall extend outward 750 feet from the center of the road or intersection. Jefferson County ...... Nonattainment ...... Moderate.2 VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60508 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules KENTUCKYÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Oldham County (part): The area boundary is as follows: ...... Nonattainment ...... Moderate.2 Beginning at the intersection of the Oldham-Jefferson County Line with the southbound lane of Interstate 71; proceeding to the northeast along the southbound lane of Interstate 71 to the intersection of Ky 329 and the southbound lane of Interstate 71; proceeding to the northwest on Ky 329 to the intersection of Zaring Road and Ky 329; proceeding to the east-northeast on Zaring Road to the junction of Cedar Point Road and Zaring Road; proceeding to the north-northeast on Cedar Point Road to the junction of Ky 393 and Cedar Point Road; proceeding to the south-southeast on Ky 393 to the junction of (the access road on the north side of Reformatory Lake and the Reformatory); proceeding to the east-northeast on the access road to the junction with Dawkins Lane and the access road; proceeding to follow an electric power line east- northeast across from the junction of county road 746 and Dawkins Lane to the east-northeast across Ky 53 on to the La Grange Water Filtration Plant; pro- ceeding on to the east-southeast along the power line then south across Fort Pickens Road to a power sub- station on Ky 146; proceeding along the power line south across Ky 146 and the Seaboard System Rail- road track to adjoin the incorporated city limits of La Grange; then proceeding east then south along the La Grange city limits to a point abutting the north side of Ky 712; proceeding east-southeast on Ky 712 to the junction of Massie School Road and Ky 712; pro- ceeding to the south-southwest on Massie School Road to the intersection of Massie School Road and Zale Smith Road; proceeding northeast on Zale Smith Road to the junction of KY 53 and Zale Smith Road; proceeding on Ky 53 to the north-northwest to the junction of New Moody Lane and Ky 53; pro- ceeding on New Moody Lane to the south-southwest until meeting the city limits of La Grange; then briefly proceeding north following the La Grange city limits to the intersection of the northbound lane of Interstate 71 and the La Grange city limits; proceeding south- west on the north-bound lane of Interstate 71 until inter-secting with the North Fork of Currys Fork; pro- ceeding south-southwest beyond the con-fluence of Currys Fork to the south-southwest beyond the con- fluence of Floyds Fork continuing on to the Oldham- Jefferson County Line; proceeding northwest along the Oldham-Jefferson County Line to the beginning; unless a road or intersection of two or more roads defines the nonattainment boundary, the area shall extend outward 750 feet from the center of the road or intersection. Owensboro Area: Daviess County ...... 1/3/95 Unclassifiable/Attainment Hancock County ...... 1/3/95 Unclassifiable/Attainment The area boundary is as follows: Beginning at the Intersection of U.S. 60 and the Hancock-Daviess County Line; proceeding east along U.S. 60 to the intersection of Yellow Creek and U.S. 60; proceeding north and west along Yellow Creek to the confluence of the Ohio River; proceeding west along the Ohio River to the confluence of Blackford Creek; proceeding south and east along Blackford Creek to the beginning. Adair County ...... Unclassifiable/Attainment Allen County ...... Unclassifiable/Attainment Anderson County ...... Unclassifiable/Attainment Ballard County ...... Unclassifiable/Attainment Barren County ...... Unclassifiable/Attainment Bath County ...... Unclassifiable/Attainment VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60509 KENTUCKYÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Bell County ...... Unclassifiable/Attainment Bourbon County ...... Unclassifiable/Attainment Boyd County ...... 6/29/95 Unclassifiable/Attainment Boyle County ...... Unclassifiable/Attainment Bracken County ...... Unclassifiable/Attainment Breathitt County ...... Unclassifiable/Attainment Breckinridge County ...... Unclassifiable/Attainment Bullitt County (part) Remainder of county ...... Unclassifiable/Attainment Butler County ...... Unclassifiable/Attainment Caldwell County ...... Unclassifiable/Attainment Calloway County ...... Unclassifiable/Attainment Carlisle County ...... Unclassifiable/Attainment Carroll County ...... Unclassifiable/Attainment Carter County ...... Unclassifiable/Attainment Casey County ...... Unclassifiable/Attainment Christian County ...... Unclassifiable/Attainment Clark County ...... Unclassifiable/Attainment Clay County ...... Unclassifiable/Attainment Clinton County ...... Unclassifiable/Attainment Crittenden County ...... Unclassifiable/Attainment Cumberland County ...... Unclassifiable/Attainment Elliott County ...... Unclassifiable/Attainment Estill County ...... Unclassifiable/Attainment Fayette County ...... 11/13/95 Unclassifiable/Attainment Fleming County ...... Unclassifiable/Attainment Floyd County ...... Unclassifiable/Attainment Franklin County ...... Unclassifiable/Attainment Fulton County ...... Unclassifiable/Attainment Gallatin County ...... Unclassifiable/Attainment Garrard County ...... Unclassifiable/Attainment Grant County ...... Unclassifiable/Attainment Graves County ...... Unclassifiable/Attainment Grayson County ...... Unclassifiable/Attainment Green County ...... Unclassifiable/Attainment Greenup County ...... 6/29/95 Unclassifiable/Attainment Hancock County (part) Remainder of county ...... Unclassifiable/Attainment Hardin County ...... Unclassifiable/Attainment Harlan County ...... Unclassifiable/Attainment Harrison County ...... Unclassifiable/Attainment Hart County ...... Unclassifiable/Attainment Henderson County ...... Unclassifiable/Attainment Henry County ...... Unclassifiable/Attainment Hickman County ...... Unclassifiable/Attainment Hopkins County ...... Unclassifiable/Attainment Jackson County ...... Unclassifiable/Attainment Jessamine County ...... Unclassifiable/Attainment Johnson County ...... Unclassifiable/Attainment Knott County ...... Unclassifiable/Attainment Knox County ...... Unclassifiable/Attainment Larue County ...... Unclassifiable/Attainment Laurel County ...... Unclassifiable/Attainment Lawrence County ...... Unclassifiable/Attainment Lee County ...... Unclassifiable/Attainment Leslie County ...... Unclassifiable/Attainment Letcher County ...... Unclassifiable/Attainment Lewis County ...... Unclassifiable/Attainment Lincoln County ...... Unclassifiable/Attainment Livingston County ...... 4/10/95 Unclassifiable/Attainment Logan County ...... Unclassifiable/Attainment Lyon County ...... Unclassifiable/Attainment Madison County ...... Unclassifiable/Attainment Magoffin County ...... Unclassifiable/Attainment Marion County ...... Unclassifiable/Attainment Marshall County ...... 4/10/95 Unclassifiable/Attainment Martin County ...... Unclassifiable/Attainment Mason County ...... Unclassifiable/Attainment McCracken County ...... Unclassifiable/Attainment McCreary County ...... Unclassifiable/Attainment VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60510 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules KENTUCKYÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type McLean County ...... Unclassifiable/Attainment Meade County ...... Unclassifiable/Attainment Menifee County ...... Unclassifiable/Attainment Mercer County ...... Unclassifiable/Attainment Metcalfe County ...... Unclassifiable/Attainment Monroe County ...... Unclassifiable/Attainment Montgomery County ...... Unclassifiable/Attainment Morgan County ...... Unclassifiable/Attainment Muhlenberg County ...... Unclassifiable/Attainment Nelson County ...... Unclassifiable/Attainment Nicholas County ...... Unclassifiable/Attainment Ohio County ...... Unclassifiable/Attainment Oldham County (part). Remainder of county ...... Unclassifiable/Attainment Owen County ...... Unclassifiable/Attainment Owsley County ...... Unclassifiable/Attainment Pendleton County ...... Unclassifiable/Attainment Perry County ...... Unclassifiable/Attainment Pike County ...... Unclassifiable/Attainment Powell County ...... Unclassifiable/Attainment Pulaski County ...... Unclassifiable/Attainment Robertson County ...... Unclassifiable/Attainment Rockcastle County ...... Unclassifiable/Attainment Rowan County ...... Unclassifiable/Attainment Russell County ...... Unclassifiable/Attainment Scott County ...... 11/13/95 Unclassifiable/Attainment Shelby County ...... Unclassifiable/Attainment Simpson County ...... Unclassifiable/Attainment Spencer County ...... Unclassifiable/Attainment Taylor County ...... Unclassifiable/Attainment Todd County ...... Unclassifiable/Attainment Trigg County ...... Unclassifiable/Attainment Trimble County ...... Unclassifiable/Attainment Union County ...... Unclassifiable/Attainment Warren County ...... Unclassifiable/Attainment Washington County ...... Unclassifiable/Attainment Wayne County ...... Unclassifiable/Attainment Webster County ...... Unclassifiable/Attainment Whitley County ...... Unclassifiable/Attainment Wolfe County ...... Unclassifiable/Attainment Woodford County ...... Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. 2 Attainment date extended to November 15, 1997. * * * * * * * 20. In § 81.319, the table entitled ‘‘Louisiana—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.319 Louisiana. * * * * * * * LOUISIANAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Baton Rouge Area: Ascension Parish ...... Nonattainment ...... Serious. East Baton Rouge Parish ...... Nonattainment ...... Serious. Iberville Parish ...... Nonattainment ...... Serious. Livingston Parish ...... Nonattainment ...... Serious. West Baton Rouge Parish ...... Nonattainment ...... Serious. Beauregard Parish Area: Beauregard Parish ...... 10/17/95 Attainment Grant Parish Area: Grant Parish ...... 10/17/95 Attainment Lafayette Area: Lafayette Parish ...... 10/17/95 Attainment Lafourche Parish Area: Lafourche Parish ...... 1/05/98 Nonattainment ...... 1/05/98 Incomplete Data. VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60511 LOUISIANAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Lake Charles Area: Calcasieu Parish ...... 6/2/97 Attainment New Orleans Area: Jefferson Parish ...... 12/1/95 Attainment Orleans Parish ...... 12/1/95 Attainment St. Bernard Parish ...... 12/1/95 Attainment St. Charles Parish ...... 12/1/95 Attainment Pointe Coupee Area: Pointe Coupee Parish ...... 12/20/96 Attainment St. James Parish Area: St. James Parish ...... 11/13/95 Attainment St. Mary Parish Area: St. Mary Parish ...... 10/17/95 Attainment AQCR 019 Monroe-El Dorado Interstate ...... Unclassifiable/Attainment Caldwell Parish Catahoula Parish Concordia Parish East Carroll Parish Franklin Parish La Salle Parish Madison Parish Morehouse Parish Ouachita Parish Richland Parish Tensas Parish Union Parish West Carroll Parish AQCR 022 Shreveport-Texarkana-Tyler Inters ...... Unclassifiable/Attainment Bienville Parish Bossier Parish Caddo Parish Claiborne Parish De Soto Parish Jackson Parish Lincoln Parish Natchitoches Parish Red River Parish Sabine Parish Webster Parish Winn Parish AQCR 106 S. Louisiana-S.E. Texas Interstate St. John The Baptist Parish ...... Unclassifiable/Attainment AQCR 106 S. Louisiana-S.E. Texas Interstate ...... Unclassifiable/Attainment Acadia Parish Allen Parish Assumption Parish Avoyelles Parish Cameron Parish East Feliciana Parish Evangeline Parish Iberia Parish Jefferson Davis Parish Plaquemines Parish Rapides Parish St. Helena Parish St. Landry Parish St. Martin Parish St. Tammany Parish Tangipahoa Parish Terrebonne Parish Vermilion Parish Vernon Parish Washington Parish West Feliciana Parish 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 21. In § 81.320, the table entitled ‘‘Maine—Ozone (1-Hour Standard)’’ is revised to read as follows: VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00035 Fmt 4701 Sfmt 4706 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60512 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules § 81.320 Maine. * * * * * * * MAINEÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Franklin County Area: Franklin County (part) ...... 5/27/97 Unclassifiable/Attainment Hancock County and Waldo County Area: Hancock County ...... 4/29/97 Attainment Waldo County ...... 4/29/97 Attainment Knox County and Lincoln County Area: Knox County ...... Nonattainment ...... Moderate. Lincoln County ...... Nonattainment ...... Moderate. Lewiston-Auburn Area: Androscoggin County ...... Nonattainment ...... Moderate. Kennebec County ...... Nonattainment ...... Moderate. Oxford County Area: Oxford County (part) ...... 5/27/97 Unclassifiable/Attainment Portland Area: Cumberland County ...... Nonattainment ...... Moderate.2 Sagadahoc County ...... Nonattainment ...... Moderate.2 York County ...... Nonattainment ...... Moderate.2 Somerset County Area: Somerset County (part) ...... 5/27/97 Unclassifiable/Attainment AQCR 108 Aroostook Intrastate ...... Unclassifiable/Attainment Aroostook County (part) see 40 CFR 81.179 AQCR 109 Down East Intrastate ...... Unclassifiable/Attainment Penobscot County (part), as described under 40 CFR 81.181 Piscataquis County (part) see 40 CFR 81.181 Washington County AQCR 111 Northwest Maine Intrastate (Remainder of) ...... Unclassifiable/Attainment see 40 CFR 81.182 Aroostook County Franklin County (part) Oxford County (part) Penobscot County (part) Piscataquis County (part) Somerset County (part) 1 This date is November 15, 1990, unless otherwise noted. 2 Attainment date extended to November 15, 1997. * * * * * * * 22. In § 81.321, the table entitled ‘‘Maryland—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.321 Maryland. * * * * * * * MARYLANDÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Baltimore Area: Anne Arundel County ...... Nonattainment ...... Severe-15. Baltimore City of Baltimore ...... Nonattainment ...... Severe-15. Baltimore County ...... Nonattainment ...... Severe-15. Carroll County ...... Nonattainment ...... Severe-15. Harford County ...... Nonattainment ...... Severe-15. Howard County ...... Nonattainment ...... Severe-15. Kent County and Queen Anne's County Area: Kent County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Queen Anne's County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Philadelphia-Wilmington-Trenton Area: Cecil County ...... Nonattainment ...... Severe-15. Washington, DC Area: Calvert County ...... Nonattainment ...... Serious. Charles County ...... Nonattainment ...... Serious. VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60513 MARYLANDÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Frederick County ...... Nonattainment ...... Serious. Montgomery County ...... Nonattainment ...... Serious. Prince George's County ...... Nonattainment ...... Serious. AQCR 113 Cumberland-Keyser Interstate ...... Unclassifiable/Attainment Allegany County Garrett County Washington County AQCR 114 Eastern Shore Interstate (Remainder of) ...... Unclassifiable/Attainment Caroline County Dorchester County Somerset County Talbot County Wicomico County Worcester County AQCR 116 Southern Maryland Intrastate (Remainder of) ...... Unclassifiable/Attainment St. Mary's County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 23. In § 81.322, the table entitled ‘‘Massachusetts—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.322 Massachusetts. * * * * * * * MASSACHUSETTSÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Boston-Lawrence-Worcester (E. Mass) Area: Barnstable County ...... Nonattainment ...... Serious. Bristol County ...... Nonattainment ...... Serious. Dukes County ...... Nonattainment ...... Serious. Essex County ...... Nonattainment ...... Serious. Middlesex County ...... Nonattainment ...... Serious. Nantucket County ...... Nonattainment ...... Serious. Norfolk County ...... Nonattainment ...... Serious. Plymouth County ...... Nonattainment ...... Serious. Suffolk County ...... Nonattainment ...... Serious. Worcester County ...... Nonattainment ...... Serious. Springfield (W. Mass) Area: Berkshire County ...... Nonattainment ...... Serious. Franklin County ...... Nonattainment ...... Serious. Hampden County ...... Nonattainment ...... Serious. Hampshire County ...... Nonattainment ...... Serious. 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 24. 81.323, the table entitled ‘‘Michigan—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.323 Michigan. * * * * * * * MICHIGANÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Allegan County Area: Allegan County ...... Nonattainment ...... Incomplete Data. Barry County Area: Barry County ...... 3/15/96 Unclassifiable/Attainment Battle Creek Area: Calhoun County ...... 3/15/96 Unclassifiable/Attainment Benton Harbor Area: Berrien County ...... 3/15/96 Unclassifiable/Attainment Branch County Area: VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60514 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules MICHIGANÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Branch County ...... 3/15/96 Unclassifiable/Attainment Cass County Area: Cass County ...... 3/15/96 Unclassifiable/Attainment Detroit-Ann Arbor Area: Livingston County ...... 4/6/95 Attainment Macomb County ...... 4/6/95 Attainment Monroe County ...... 4/6/95 Attainment Oakland County ...... 4/6/95 Attainment St. Clair County ...... 4/6/95 Attainment Washtenaw County ...... 4/6/95 Attainment Wayne County ...... 4/6/95 Attainment Flint Area: Genesee County ...... Nonattainment ...... Sec. 185A Area.2 Grand Rapids Area: Kent County ...... 6/21/96 Attainment Ottawa County ...... 6/21/96 Attainment Gratiot County Area: Gratiot County ...... 3/15/96 Unclassifiable/Attainment Hillsdale County Area: Hillsdale County ...... 3/15/96 Unclassifiable/Attainment Huron County Area: Huron County ...... 3/15/96 Unclassifiable/Attainment Ionia County Area: Ionia County ...... 3/15/96 Unclassifiable/Attainment Jackson Area: Jackson County ...... 3/15/96 Unclassifiable/Attainment Kalamazoo Area: Kalamazoo County ...... 3/15/96 Unclassifiable/Attainment Lansing-East Lansing Area: Clinton County ...... 3/15/96 Unclassifiable/Attainment Eaton County ...... 3/15/96 Unclassifiable/Attainment Ingham County ...... 3/15/96 Unclassifiable/Attainment Lapeer County Area: Lapeer County ...... 3/15/96 Unclassifiable/Attainment Lenawee County Area: Lenawee County ...... 3/15/96 Unclassifiable/Attainment Montcalm Area: Montcalm County ...... 3/15/96 Unclassifiable/Attainment Muskegon Area: Muskegon County ...... 12/30/92 Nonattainment ...... Moderate. Saginaw-Bay City-Midland Area: Bay County ...... Nonattainment ...... Incomplete Data. Midland County ...... Nonattainment ...... Incomplete Data. Saginaw County ...... Nonattainment ...... Incomplete Data. Sanilac County Area: Sanilac County ...... 3/15/96 Unclassifiable/Attainment Shiawassee County Area: Shiawassee County ...... 3/15/96 Unclassifiable/Attainment St. Joseph County Area: St. Joseph County ...... 3/15/96 Unclassifiable/Attainment Tuscola County Area: Tuscola County ...... 3/15/96 Unclassifiable/Attainment Van Buren County Area: Van Buren County ...... 3/15/96 Unclassifiable/Attainment AQCR 122 Central Michigan Intrastate (Remainder of): ...... Unclassifiable/Attainment Arenac County Clare County Gladwin County Iosco County Isabella County Lake County Mason County Mecosta County Newaygo County Oceana County Ogemaw County Osceola County Roscommon County AQCR 126 Upper Michigan Intrastate (part) Marquette ...... Unclassifiable/Attainment County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60515 MICHIGANÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type AQCR 126 Upper Michigan Intrastate (Remainder of): ...... Unclassifiable/Attainment Alcona County Alger County Alpena County Antrim County Baraga County Benzie County Charlevoix County Cheboygan County Chippewa County Crawford County Delta County Dickinson County Emmet County Gogebic County Grand Traverse County Houghton County Iron County Kalkaska County Keweenaw County Leelanau County Luce County Mackinac County Manistee County Menominee County Missaukee County Montmorency County Ontonagon County Oscoda County Otsego County Presque Isle County Schoolcraft County Wexford County 1 This date is November 15, 1990, unless otherwise noted. 2 An area designated as an ozone nonattainment area as of the date of enactment of the CAAA of the 1990 that did not violate the ozone NAAQS during the period of 1987±1989. * * * * * * * 25. In § 81.324, the table entitled ‘‘Minnesota—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.324 Minnesota. * * * * * * * MINNESOTAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Minneapolis-Saint Paul Area: Anoka County ...... Unclassifiable/Attainment Carver County ...... do ...... Dakota County ...... do ...... Hennepin County ...... do ...... Ramsey County ...... do ...... Scott County ...... do ...... Washington County ...... do ...... Aitkin County ...... do ...... Becker County ...... do ...... Beltrami County ...... do ...... Benton County ...... do ...... Big Stone County ...... do ...... Blue Earth County ...... do ...... Brown County ...... do ...... Carlton County ...... do ...... Cass County ...... do ...... Chippewa County ...... do ...... Chisago County ...... do ...... Clay County ...... do ...... Clearwater County ...... do ...... VerDate 29-OCT-99 19:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60516 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules MINNESOTAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Cook County ...... do ...... Cottonwood County ...... do ...... Crowe County ...... do ...... Dodge County ...... do ...... Douglas County ...... do ...... Faribault County ...... do ...... Fillmore County ...... do ...... Freeborn County ...... do ...... Goodhue County ...... do ...... Grant County ...... do ...... Houston County ...... do ...... Hubbard County ...... do ...... Isanti County ...... do ...... Itasca County ...... do ...... Jackson County ...... do ...... Kanabec County ...... do ...... Kandiyohi County ...... do ...... Kittson County ...... do ...... Koochiching County ...... do ...... Lac qui Parle County ...... do ...... Lake County ...... do ...... Lake of the Woods County ...... do ...... Le Sueur County ...... do ...... Lincon County ...... do ...... Lyon County ...... do ...... Mahnomen County ...... do ...... Marshall County ...... do ...... Martin County ...... do ...... McLeod County ...... do ...... Meeker County ...... do ...... Mille Lacs County ...... do ...... Morrison County ...... do ...... Mower County ...... do ...... Murray County ...... do ...... Nicollet County ...... do ...... Nobles County ...... do ...... Norman County ...... do ...... Olmsted County ...... do ...... Otter Tail County ...... do ...... Pennington County ...... do ...... Pine County ...... do ...... Pipestone County ...... do ...... Polk County ...... do ...... Pope County ...... do ...... Red Lake County ...... do ...... Redwood County ...... do ...... Renville County ...... do ...... Rice County ...... do ...... Rock County ...... do ...... Roseau County ...... do ...... Saint Louis County ...... do ...... Sherburne County ...... do ...... Sibley County ...... do ...... Stearns County ...... do ...... Steele County ...... do ...... Stevens County ...... do ...... Swift County ...... do ...... Todd County ...... do ...... Traverse County ...... do ...... Wabasha County ...... do ...... Wadena County ...... do ...... Waseca County ...... do ...... Watonwan County ...... do ...... Wilkin County ...... do ...... Winona County ...... do ...... Wright County ...... do ...... Yellow Medicine County ...... do ...... 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00040 Fmt 4701 Sfmt 4706 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60517 26. In § 81.325, the table entitled ‘‘Mississippi—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.325 Mississippi. * * * * * * * MISSISSIPPIÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Minneapolis-Saint Paul Area: Statewide ...... Unclassifiable/Attainment Adams County Alcorn County Amite County Attala County Benton County Bolivar County Calhoun County Carroll County Chickasaw County Choctaw County Claiborne County Clarke County Clay County Coahoma County Copiah County Covington County De Soto County Forrest County Franklin County George County Greene County Grenada County Hancock County Harrison County Hinds County Holmes County Humphreys County Issaquena County Itawamba County Jackson County Jasper County Jefferson County Jefferson Davis County Jones County Kemper County Lafayette County Lamar County Lauderdale County Lawrence County Leake County Lee County Leflore County Lincoln County Lowndes County Madison County Marion County Marshall County Monroe County Montgomery County Neshoba County Newton County Noxubee County Oktibbeha County Panola County Pearl River County Perry County Pike County Pontotoc County Prentiss County Quitman County Rankin County Scott County Sharkey County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60518 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules MISSISSIPPIÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Simpson County Smith County Stone County Sunflower County Tallahatchie County Tate County Tippah County Tishomingo County Tunica County Union County Walthall County Warren County Washington County Wayne County Webster County Wilkinson County Winston County Yalobusha County Yazoo County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 27. In § 81.326, the table entitled ‘‘Missouri—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.326 Missouri. * * * * * * * MISSOURI-OZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Kansas City Area: Clay County ...... 7/23/92 Unclassifiable/Attainment Jackson County ...... 7/23/92 Unclassifiable/Attainment Platte County ...... 7/23/92 Unclassifiable/Attainment St. Louis Area: Franklin County ...... Nonattainment Moderate. Jefferson County ...... Nonattainment Moderate. St. Charles County ...... Nonattainment Moderate. St. Louis ...... Nonattainment Moderate. St. Louis County ...... Nonattainment Moderate. AQCR 094 Metro Kansas City Interstate (Remainder of) ...... Unclassifiable/Attainment Buchanan County Cass County Ray County AQCR 137 N. Missouri Intrastate (part) Pike County ...... Unclassifiable/Attainment Ralls County ...... Unclassifiable/Attainment AQCR 137 N. Missouri Intrastate (Remainder of) ...... Unclassifiable/Attainment Adair County Andrew County Atchison County Audrain County Boone County Caldwell County Callaway County Carroll County Chariton County Clark County Clinton County Cole County Cooper County Daviess County DeKalb County Gentry County Grundy County Harrison County Holt County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60519 MISSOURI-OZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Howard County Knox County Lewis County Lincoln County Linn County Livingston County Macon County Marion County Mercer County Moniteau County Monroe County Montgomery County Nodaway County Osage County Putnam County Randolph County Saline County Schuyler County Scotland County Shelby County Sullivan County Warren County Worth County Rest of State ...... Unclassifiable/Attainment Barry County Barton County Bates County Benton County Bollinger County Butler County Camden County Cape Girardeau County Carter County Cedar County Christian County Crawford County Dade County Dallas County Dent County Douglas County Dunklin County Gasconade County Greene County Henry County Hickory County Howell County Iron County Jasper County Johnson County Laclede County Lafayette County Lawrence County Madison County Maries County McDonald County Miller County Mississippi County Morgan County New Madrid County Newton County Oregon County Ozark County Pemiscot County Perry County Pettis County Phelps County Polk County Pulaski County Reynolds County Ripley County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60520 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules MISSOURI-OZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Scott County Shannon County St.Clair County St. Francois County Ste. Genevieve County Stoddard County Stone County Taney County Texas County Vernon County Washington County Wayne County Webster County Wright County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 28. In § 81.327, the table entitled ‘‘Montana—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.327 Montana. * * * * * * * MONTANAÐOZONE (1±HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Beaverhead County ...... Unclassifiable/Attainment Big Horn County (part) ...... Unclassifiable/Attainment excluding Crow, Northern Cheyenne Indian Reserva- tions Blaine County (part) excluding Fort Belknap Indian Reservation Broadwater County ...... Unclassifiable/Attainment Carbon County ...... Unclassifiable/Attainment Carter County ...... Unclassifiable/Attainment Cascade County ...... Unclassifiable/Attainment Chouteau County (part) excluding Rocky Boy Indian Reservation ...... Unclassifiable/Attainment Custer County ...... Unclassifiable/Attainment Daniels County (part) excluding Fort Peck Indian Reservation ...... Unclassifiable/Attainment Dawson County ...... Unclassifiable/Attainment Deer Lodge County ...... Unclassifiable/Attainment Fallon County ...... Unclassifiable/Attainment Fergus County ...... Unclassifiable/Attainment Flathead County (part) excluding Flathead Indian Reservation ...... Unclassifiable/Attainment Gallatin County ...... Unclassifiable/Attainment Garfield County ...... Unclassifiable/Attainment Glacier County (part) excluding Blackfeet Indian Reservation ...... Unclassifiable/Attainment Golden Valley County ...... Unclassifiable/Attainment Granite County ...... Unclassifiable/Attainment Hill County (part) excluding Rocky Boy Indian Reservation ...... Unclassifiable/Attainment Jefferson County ...... Unclassifiable/Attainment Judith Basin County ...... Unclassifiable/Attainment Lake County (part) excluding Flathead Indian Reservation ...... Unclassifiable/Attainment Lewis and Clark County ...... Unclassifiable/Attainment Liberty County ...... Unclassifiable/Attainment Lincoln County ...... Unclassifiable/Attainment Madison County ...... Unclassifiable/Attainment McCone County ...... Unclassifiable/Attainment Meagher County ...... Unclassifiable/Attainment Mineral County ...... Unclassifiable/Attainment Missoula County (part) excluding Flathead Indian Reservation ...... Unclassifiable/Attainment VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60521 MONTANAÐOZONE (1±HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Musselshell County ...... Unclassifiable/Attainment Park County ...... Unclassifiable/Attainment Petroleum County ...... Unclassifiable/Attainment Phillips County (part) excluding Fort Belknap Indian Reservation ...... Unclassifiable/Attainment Pondera County (part) excluding Blackfeet Indian Reservation ...... Unclassifiable/Attainment Powder River County ...... Unclassifiable/Attainment Powell County ...... Unclassifiable/Attainment Prairie County ...... Unclassifiable/Attainment Ravalli County ...... Unclassifiable/Attainment Richland County ...... Unclassifiable/Attainment Roosevelt County (part) excluding Fort Peck Indian Reservation ...... Unclassifiable/Attainment Rosebud County (part) excluding Northern Cheyenne Indian Reservation ...... Unclassifiable/Attainment Sanders County (part). excluding Flathead Indian Reservation ...... Unclassifiable/Attainment Sheridan County (part) excluding Fort Peck Indian Reservation ...... Unclassifiable/Attainment Silver Bow County ...... Unclassifiable/Attainment Stillwater County ...... Unclassifiable/Attainment Sweet Grass County ...... Unclassifiable/Attainment Teton County ...... Unclassifiable/Attainment Toole County ...... Unclassifiable/Attainment Treasure County ...... Unclassifiable/Attainment Valley County (part) excluding Fort Peck Indian Reservation ...... Unclassifiable/Attainment Wheatland County ...... Unclassifiable/Attainment Wibaux County ...... Unclassifiable/Attainment Yellowstone County (part) excluding Crow Indian Reservation ...... Unclassifiable/Attainment Yellowstone Natl Park ...... Unclassifiable/Attainment Blackfeet Indian Reservation ...... Unclassifiable/Attainment Glacier County (part) area inside Blackfeet Reservation Pondera County (part) area inside Blackfeet Reservation Crow Indian Reservation ...... Unclassifiable/Attainment Bighorn County (part) area inside Crow Reservation ...... Yellowstone (part) area inside Crow Reservation Flathead Indian Reservation ...... Unclassifiable/Attainment Flathead County (part) area inside Flathead Reservation Lake County (part) area inside Flathead Reservation Missoula County (part) area inside Flathead Reservation Sanders County (part) area inside Flathead Reservation Fort Belknap Indian Reservation ...... Unclassifiable/Attainment Blaine County (part) area inside Fort Belknap Reservation Phillips County (part) area inside Fort Belknap Reservation Fort Peck Indian Reservation ...... Unclassifiable/Attainment Daniels County (part) area inside Fort Peck Reservation Roosevelt County (part) area inside Fort Peck Reservation Sheridan County (part) area inside Fort Peck Reservation Valley County (part) area inside Fort Peck Reservation Northern Cheyenne Indian Reservation ...... Unclassifiable/Attainment Bighorn County (part) area inside Northern Cheyenne Reservation Rosebud County (part) VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60522 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules MONTANAÐOZONE (1±HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type area inside Northern Cheyenne Reservation Rocky Boy Indian Reservation ...... Unclassifiable/Attainment Chouteau County (part) area inside Rocky Boy Reservation Hill County (part) area inside Rocky Boy Reservation 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 29. In § 81.328, the table entitled ‘‘Nebraska—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.328 Nebraska. * * * * * * * NEBRASKAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Statewide ...... Unclassifiable/Attainment Adams County Antelope County Arthur County Banner County Blaine County Boone County Box Butte County Boyd County Brown County Buffalo County Burt County Butler County Cass County Cedar County Chase County Cherry County Cheyenne County Clay County Colfax County Cuming County Custer County Dakota County Dawes County Dawson County Deuel County Dixon County Dodge County Douglas County Dundy County Fillmore County Franklin County Frontier County Furnas County Gage County Garden County Garfield County Gosper County Grant County Greeley County Hall County Hamilton County Harlan County Hayes County Hitchcock County Holt County Hooker County Howard County Jefferson County Johnson County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60523 NEBRASKAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Kearney County Keith County Keya Paha County Kimball County Knox County Lancaster County Lincoln County Logan County Loup County Madison County McPherson County Merrick County Morrill County Nance County Nemaha County Nuckolls County Otoe County Pawnee County Perkins County Phelps County Pierce County Platte County Polk County Red Willow County Richardson County Rock County Saline County Sarpy County Saunders County Scotts Bluff County Seward County Sheridan County Sherman County Sioux County Stanton County Thayer County Thomas County Thurston County Valley County Washington County Wayne County Webster County Wheeler County York County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 30. In § 81.329, the table entitled ‘‘Nevada—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.329 Nevada. * * * * * * * NEVADAÐOZONE (1±HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Reno Area: Washoe County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Rest of State ...... Unclassifiable/Attainment Carson City Churchill County Clark County Douglas County Elko County Esmeralda County Eureka County Humboldt County Lander County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60524 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules NEVADAÐOZONE (1±HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Lincoln County Lyon County Mineral County Nye County Pershing County Storey County White Pine County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 31. In § 81.330, the table entitled ‘‘New Hampshire—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.330 New Hampshire. * * * * * * * NEW HAMPSHIREÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Belknap County Area: Belknap County ...... 5/27/97 Unclassifiable/Attainment Boston-Lawrence-Worcester Area: Hillsborough County (part) ...... Nonattainment ...... Serious. Pelham Town, Amherst Town, Brookline Town, Hollis Town, Hudson Town, Litchfield Town, Merrimack Town, Milford Town, Mont Vernon Town, Nashua City, Wilton Town. Rockingham County (part) ...... Nonattainment ...... Serious. Atkinson Town, Brentwood Town, Danville Town, Derry Town, E. Kingston Town, Hampstead Town, Hampton Falls Town, Kensington Town, Kingston Town, Londonderry Town, Newton Town, Plaistow Town, Salem Town, Sandown Town, Seabrook Town, South Hampton Town Windham Town. Cheshire County Area: Cheshire County ...... Nonattainment ...... Incomplete Data. Manchester Area: Hillsborough County (part) ...... Nonattainment ...... Marginal. Antrim Town, Bedford Town, Bennington Town, Deering Town, Francestown Town, Goffstown Town, Greenfield Town, Greenville Town, Han- cock Town, Hillsborough Town, Lyndeborough Town, Manchester city, Mason Town, New Bos- ton Town, New Ipswich Town, Petersborough Town, Sharon Town, Temple town, Weare Town, Windsor Town. Merrimack County ...... Nonattainment ...... Marginal. Rockingham County (part) ...... Nonattainment ...... Marginal. Auburn Town, Candia Town, Chester Town, Deer- field Town, Epping Town, Fremont Town, North- wood Town, Nottingham Town, Raymond Town. Portsmouth-Dover-Rochester Area: Rockingham County (part) ...... Nonattainment ...... Serious. Exeter Town, Greenland Town, Hampton Town, New Castle Town, Newfields Town, Newington Town, Newmarket Town, North Hampton Town, Portsmouth city, Rye Town, Stratham Town. Strafford County ...... Nonattainment ...... Serious. Sullivan County Area: Sullivan County ...... 5/27/97 Unclassifiable/Attainment AQCR 107 Androscoggin Valley Interstate: Coos County ...... Unclassifiable/Attainment AQCR 149 Central New Hampshire Interstate: Carroll County ...... Unclassifiable/Attainment Grafton County ...... Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00048 Fmt 4701 Sfmt 4706 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60525 * * * * * * * 32. In § 81.331, the table entitled ‘‘New Jersey—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.331 New Jersey. * * * * * * * NEW JERSEYÐOZONE (1±HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Allentown-Bethlehem Easton Area: Warren County ...... Nonattainment ...... Marginal. Atlantic City Area: Atlantic County ...... Nonattainment ...... Moderate. Cape May County ...... Nonattainment ...... Moderate. New York-N. New Jersey-Long Island Area: Bergen County ...... Nonattainment ...... Severe-17. Essex County ...... Nonattainment ...... Severe-17. Hudson County ...... Nonattainment ...... Severe-17. Hunterdon County ...... Nonattainment ...... Severe-17. Middlesex County ...... Nonattainment ...... Severe-17. Monmouth County ...... Nonattainment ...... Severe-17. Morris County ...... Nonattainment ...... Severe-17. Ocean County ...... Nonattainment ...... Severe-17. Passaic County ...... Nonattainment ...... Severe-17. Somerset County ...... Nonattainment ...... Severe-17. Sussex County ...... Nonattainment ...... Severe-17. Union County ...... Nonattainment ...... Severe-17. Philadelphia-Wilmington-Trenton Area: Burlington County ...... Nonattainment ...... Severe-15. Camden County ...... Nonattainment ...... Severe-15. Cumberland County ...... Nonattainment ...... Severe-15. Gloucester County ...... Nonattainment ...... Severe-15. Mercer County ...... Nonattainment ...... Severe-15. Salem County ...... Nonattainment ...... Severe-15. 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 33. In § 81.332, the table entitled ‘‘New Mexico—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.332 New Mexico. * * * * * * * NEW MEXICOÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type AQCR 012 New Mexico-Southern Border Intrastate ...... Unclassifiable/Attainment Grant County Hidalgo County Luna County AQCR 014 Four Corners Interstate ...... Unclassifiable/Attainment see 40 CFR 81.121 McKinley County (part) Rio Arriba County (part) San Juan County Sandoval County (part) Valencia County (part) AQCR 152 Albuquerque-Mid Rio Grande Intrastate ...... Unclassifiable/Attainment Bernalillo County (part) AQCR 152 Albuquerque-Mid Rio Grande ...... Unclassifiable/Attainment Sandoval County (part) see 40 CFR 81.83. Valencia County. see 40 CFR 81.83. AQCR 153 El Paso-Las Cruces-Alamogordo ...... 7/12/95 Nonattainment ...... 7/12/95 Marginal. Dona Ana County (part)Ð(Sunland Park Area) The Area bounded by the New Mexico-Texas State line on the east, the New Mexico-Mexico international line on the south, the Range 3E±Range 2E line on the west, and the N3200 latitude line on the north. VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60526 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules NEW MEXICOÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Remainder of Dona Ana County ...... Unclassifiable/Attainment Lincoln County ...... Unclassifiable/Attainment Otero County ...... Unclassifiable/Attainment Sierra County ...... Unclassifiable/Attainment AQCR 154 Northeastern Plains Intrastate ...... Unclassifiable/Attainment Colfax County Guadalupe County Harding County Mora County San Miguel County Torrance County Union County AQCR 155 Pecos-Permian Basin Intrastate ...... Unclassifiable/Attainment Chaves County Curry County De Baca County Eddy County Lea County Quay County Roosevelt County AQCR 156 SW Mountains-Augustine Plains ...... Unclassifiable/Attainment Catron County Cibola County McKinley County (part) see 40 CFR 81.241 Socorro County Valencia County (part) see 40 CFR 81.241 AQCR 157 Upper Rio Grande Valley Intrastate ...... Unclassifiable/Attainment Los Alamos County Rio Arriba County (part) see 40 CFR 81.239. Santa Fe County Taos County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 34. In § 81.333, the table entitled ‘‘New York—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.333 New York. * * * * * * * NEW YORKÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 2 Type Albany-Schenectady-Troy Area: Albany County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Greene County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Montgomery County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Rensselaer County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Saratoga County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Schenectady County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Buffalo-Niagara Falls Area: Erie County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Niagara County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Essex County Area: Essex County (part) ...... 1/6/92 Nonattainment ...... 1/6/92 Rural Transport (Mar- ginal). The portion of Whiteface Mountain above 4500 feet in elevation in Essex County Jefferson County Area:. Jefferson County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. New York-Northern New Jersey-Long Island Area: Bronx County ...... Nonattainment ...... Severe-17. Kings County ...... Nonattainment ...... Severe-17. Nassau County ...... Nonattainment ...... Severe-17. New York County ...... Nonattainment ...... Severe-17. VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60527 NEW YORKÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 2 Type Orange County (part) ...... 1/15/92 Nonattainment ...... 1/15/92 Severe-17. Blooming Grove, Chester, Highlands, Monroe, Tux- edo, Warwick, and Woodbury. Queens County ...... Nonattainment ...... Severe-17. Richmond County ...... Nonattainment ...... Severe-17. Rockland County ...... Nonattainment ...... Severe-17. Suffolk County ...... Nonattainment ...... Severe-17. Westchester County ...... Nonattainment ...... Severe-17. Poughkeepsie Area: Dutchess County ...... 1/6/92 Nonattainment ...... 11/7/94 Moderate. Orange County (remainder) ...... 2 4/21/94 Nonattainment ...... 2 11/7/94 Moderate. Putnam County ...... 1/15/92 Nonattainment ...... 11/7/94 Moderate. AQCR 158 Central New York Intrastate (Remainder of) ...... Unclassifiable/Attainment Cayuga County. Cortland County. Herkimer County. Lewis County. Madison County. Oneida County. Onondaga County. Oswego County. AQCR 159 Champlain Valley Interstate (Remainder of) ...... Unclassifiable/Attainment Clinton County Franklin County Hamilton County St. Lawrence County Warren County Washington County AQCR 160 Genessee-Finger Lakes Intrastate ...... Unclassifiable/Attainment Genessee County Livingston County Monroe County Ontario County Orleans County Seneca County Wayne County Wyoming County Yates County AQCR 161 Hudson Valley Intrastate (Remainder of) ...... Unclassifiable/Attainment Columbia County Fulton County Schoharie County Ulster County AQCR 163 Southern Tier East Intrastate ...... Unclassifiable/Attainment Broome County Chenango County Delaware County Otsego County Sullivan County Tioga County AQCR 164 Southern Tier West Intrastate ...... Unclassifiable/Attainment Allegany County Cattaraugus County Chautauqua County Chemung County Schuyler County Steuben County Tompkins County 1 This date is November 15, 1990, unless otherwise noted. 2 However, the effective date is November 15, 1990, for purposes of determining the scope of a ``covered area'' under section 211 (k)(10)(D), opt-in under section 211 (k)(6), and the baseline determination of the 15% reduction in volatile organic compounds under section 182 (b)(1). * * * * * * * 35. In § 81.334, the table entitled ‘‘North Carolina—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.334 North Carolina. * * * * * * * VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60528 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules NORTH CAROLINAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date1 Type Date1 Type Statewide ...... Unclassifiable/Attainment Alamance County Alexander County Alleghany County Anson County Ashe County Avery County Beaufort County Bertie County Bladen County Brunswick County Buncombe County Burke County Cabarrus County Caldwell County Camden County Carteret County Caswell County Catawba County Chatham County Cherokee County Chowan County Clay County Cleveland County Columbus County Craven County Cumberland County Currituck County Dare County Davidson County ...... 9/9/93 Davie County ...... 9/9/93 Durham County ...... 6/17/94 Duplin County Edgecombe County Forsyth County ...... 9/9/93 Franklin County Gaston County ...... 7/5/95 Gates County Graham County Granville County ...... 6/17/94 Greene County Guilford County ...... 9/9/93 Halifax County Harnett County Haywood County Henderson County Hertford County Hoke County Hyde County Iredell County Jackson County Johnston County Jones County Lee County Lenoir County Lincoln County McDowell County Macon County Madison County Martin County Mecklenburg County ...... 7/5/95 Mitchell County Montgomery County Moore County Nash County New Hanover County Northhampton County Onslow County Orange County VerDate 29-OCT-99 19:41 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60529 NORTH CAROLINAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date1 Type Date1 Type Pamlico County Pasquotank County Pender County Perquimans County Person County Pitt County Polk County Randolph County Richmond County Robeson County Rockingham County Rowan County Rutherford County Sampson County Scotland County Stanly County Stokes County Surry County Swain County Transylvania County Tyrrell County Union County Vance County Wake County ...... 6/17/94 Warren County Washington County Watauga County Wayne County Wilkes County Wilson County Yadkin County Yancey County 1This date is November 15, 1990, unless otherwise noted. * * * * * * * 36. In § 81.335, the table entitled ‘‘North Dakota—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.335 North Dakota. * * * * * * * NORTH DAKOTAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type AQCR 130 Metropolitan Fargo-Moorhead Interstate. Cass County ...... Unclassifiable/Attainment Rest of State, AQCR 172 ...... Unclassifiable/Attainment Adams County Barnes County Benson County Billings County Bottineau County Bowman County Burke County Burleigh County Cavalier County Dickey County Divide County Dunn County Eddy County Emmons County Foster County Golden Valley County Grand Forks County Grant County Griggs County Hettinger County VerDate 29-OCT-99 19:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60530 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules NORTH DAKOTAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Kidder County La Moure County Logan County McHenry County McIntosh County McKenzie County McLean County Mercer County Morton County Mountrail County Nelson County Oliver County Pembina County Pierce County Ramsey County Ransom County Renville County Richland County Rolette County Sargent County Sheridan County Sioux County Slope County Stark County Steele County Stutsman County Towner County Traill County Walsh County Ward County Wells County Williams County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 37. In § 81.336, the table entitled ‘‘Ohio—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.336 Ohio. * * * * * * * OHIOÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type 2 Date 1 Type 2 Canton Area: Stark County ...... 4/1/96 Attainment Cincinnati-Hamilton Area: Butler County ...... Nonattainment ...... Moderate 2 Clermont County ...... Nonattainment ...... Moderate 2 Hamilton County ...... Nonattainment ...... Moderate 2 Warren County ...... Nonattainment ...... Moderate 2 Cleveland-Akron-Lorain Area: 5/7/96 Attainment Ashtabula County Cuyahoga County Geauga County Lake County Lorain County Medina County Portage County Summit County Clinton County Area: Clinton County ...... 3/21/96 Attainment Columbiana County Area: Columbiana County ...... 3/10/95 Attainment Columbus Area: Delaware County ...... 4/1/96 Attainment Franklin County ...... 4/1/96 Attainment Licking County ...... 4/1/96 Attainment VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60531 OHIOÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type 2 Date 1 Type 2 Dayton-Springfield Area: Clark County ...... 7/5/95 Attainment Greene County ...... 7/5/95 Attainment Miami County ...... 7/5/95 Attainment Montgomery County ...... 7/5/95 Attainment Preble County Area: Preble County ...... 3/10/95 Attainment Steubenville Area: Jefferson County ...... 3/10/95 Attainment Toledo Area: Lucas County ...... 8/1/95 Attainment Wood County ...... 8/1/95 Attainment Youngstown-Warren-Sharon Area: Mahoning County ...... 4/1/96 Attainment Trumbull County ...... 4/1/96 Attainment Adams County ...... Unclassifiable/Attainment Allen County ...... Unclassifiable/Attainment Ashland County ...... Unclassifiable/Attainment Athens County ...... Unclassifiable/Attainment Auglaize County ...... Unclassifiable/Attainment Belmont County ...... Unclassifiable/Attainment Brown County ...... Unclassifiable/Attainment Carroll County ...... Unclassifiable/Attainment Champaign County ...... Unclassifiable/Attainment Coshocton County ...... Unclassifiable/Attainment Crawford County ...... Unclassifiable/Attainment Darke County ...... Unclassifiable/Attainment Defiance County ...... Unclassifiable/Attainment Erie County ...... Unclassifiable/Attainment Fairfield County ...... Unclassifiable/Attainment Fayette County ...... Unclassifiable/Attainment Fulton County ...... Unclassifiable/Attainment Gallia County ...... Unclassifiable/Attainment Guernsey County ...... Unclassifiable/Attainment Hancock County ...... Unclassifiable/Attainment Hardin County ...... Unclassifiable/Attainment Harrison County ...... Unclassifiable/Attainment Henry County ...... Unclassifiable/Attainment Highland County ...... Unclassifiable/Attainment Hocking County ...... Unclassifiable/Attainment Holmes County ...... Unclassifiable/Attainment Huron County ...... Unclassifiable/Attainment Jackson County ...... Unclassifiable/Attainment Knox County ...... Unclassifiable/Attainment Lawrence County ...... Unclassifiable/Attainment Logan County ...... Unclassifiable/Attainment Madison County ...... Unclassifiable/Attainment Marion County ...... Unclassifiable/Attainment Meigs County ...... Unclassifiable/Attainment Mercer County ...... Unclassifiable/Attainment Monroe County ...... Unclassifiable/Attainment Morgan County ...... Unclassifiable/Attainment Morrow County ...... Unclassifiable/Attainment Muskingum County ...... Unclassifiable/Attainment Noble County ...... Unclassifiable/Attainment Ottawa County ...... Unclassifiable/Attainment Paulding County ...... Unclassifiable/Attainment Perry County ...... Unclassifiable/Attainment Pickaway County ...... Unclassifiable/Attainment Pike County ...... Unclassifiable/Attainment Putnam County ...... Unclassifiable/Attainment Richland County ...... Unclassifiable/Attainment Ross County ...... Unclassifiable/Attainment Sandusky County ...... Unclassifiable/Attainment Scioto County ...... Unclassifiable/Attainment Seneca County ...... Unclassifiable/Attainment Shelby County ...... Unclassifiable/Attainment Tuscarawas County ...... Unclassifiable/Attainment Union County ...... Unclassifiable/Attainment VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60532 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules OHIOÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type 2 Date 1 Type 2 Van Wert County ...... Unclassifiable/Attainment Vinton County ...... Unclassifiable/Attainment Washington County ...... Unclassifiable/Attainment Wayne County ...... Unclassifiable/Attainment Williams County ...... Unclassifiable/Attainment Wyandot County ...... Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. 2 Attainment date extended to November 15, 1998. * * * * * * * 38. In § 81.337, the table entitled ‘‘Oklahoma—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.337 Oklahoma. * * * * * * * OKLAHOMAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type AQCR 017 Metropolitan Fort Smith Interstate ...... Unclassifiable/Attainment Adair County Cherokee County Le Flore County Sequoyah County AQCR 022 Shreveport-Texarkana-Tyler Intrastate ...... Unclassifiabl/Attainment McCurtain County AQCR 184 Central Oklahoma Intrastate (part) ...... Cleveland County ...... Unclassifiable/Attainment Oklahoma County ...... Unclassifiable/Attainment AQCR 184 Central Oklahoma Intrastate (Remainder of) ...... Unclassifiable/Attainment Canadian County Grady County Kingfisher County Lincoln County Logan County McClain County Pottawatomie County AQCR 185 North Central Oklahoma Intrastate ...... Unclassifiable/Attainment Garfield County Grant County Kay County Noble County Payne County AQCR 186 Northeastern Oklahoma Intrastate ...... Unclassifiable/Attainment Craig County Creek County Delaware County Mayes County Muskogee County Nowata County Okmulgee County Osage County Ottawa County Pawnee County Rogers County Tulsa County Wagoner County Washington County AQCR 187 Northwestern Oklahoma Intrastate ...... Unclassifiable/Attainment Alfalfa County Beaver County Blaine County Cimarron County Custer County Dewey County Ellis County Harper County VerDate 29-OCT-99 19:41 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60533 OKLAHOMAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Major County Roger Mills County Texas County Woods County Woodward County AQCR 188 Southeastern Oklahoma Intrastate ...... Unclassifiable/Attainment Atoka County Bryan County Carter County Choctaw County Coal County Garvin County Haskell County Hughes County Johnston County Latimer County Love County Marshall County McIntosh County Murray County Okfuskee County Pittsburg County Pontotoc County Pushmataha County Seminole County AQCR 189 Southwestern Oklahoma Intrastate ...... Unclassifiable/Attainment Beckham County Caddo County Comanche County Cotton County Greer County Harmon County Jackson County Jefferson County Kiowa County Stephens County Tillman County Washita County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 39. In § 81.338, the table entitled ‘‘Oregon—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.338 Oregon. * * * * * * * OREGON-OZONE (1±HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Portland-Vancouver AQMA Area: ...... Attainment Air Quality Maintenance Area Clackamas County (part) Multnomah County (part) Washington County (part) Salem Area: Salem Area Transportation Study. Marion County (part) ...... Nonattainment ...... Incomplete Data. Polk County (part) ...... Nonattainment ...... Incomplete Data. AQCR 190 Central Oregon Intrastate (Remainder of) ...... Unclassifiable/Attainment Crook County Deschutes County Hood River County Jefferson County Klamath County Lake County Sherman County Wasco County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60534 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules OREGON-OZONE (1±HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type AQCR 191 Eastern Oregon Intrastate ...... Unclassifiable/Attainment Baker County Gilliam County Grant County Harney County Malheur County Morrow County Umatilla County Union County Wallowa County Wheeler County AQCR 192 Northwest Oregon Intrastate ...... Unclassifiable/Attainment Clatsop County Lincoln County Tillamook County AQCR 193 Portland Interstate (part) ...... Unclassifiable/Attainment Lane County (part) Eugene Springfield Air Quality Mainte- nance Area. AQCR 193 Portland Interstate (Remainder of) ...... Unclassifiable/Attainment Benton County Clackamas County (part) Remainder of county Columbia County Lane County (part) Remainder of county Linn County Marion County (part) area outside the Salem Area Transportation Study Multnomah County (part) Remainder of county Polk County (part) area outside the Salem Area Transportation Study Washington County (part) Remainder of county Yamhill County AQCR 194 Southwest Oregon Intrastate (part) Jackson County (part) Medford-Ashland Air Quality Maintenance Area ...... Unclassifiable/Attainment AQCR 194 Southwest Oregon Intrastate (Remainder of) ...... Unclassifiable/Attainment Coos County Curry County Douglas County Jackson County (part) Remainder of county Josephine County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 40. In § 81.339, the table entitled ‘‘Pennsylvania—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.339 Pennsylvania. * * * * * * * PENNSYLVANIAÐOZONE (1±HOUR STANDARD) Designation Classification Designated Area Date 1 Type Date 1 Type Allentown-Bethlehem-Easton Area: Carbon County ...... Nonattainment ...... Marginal. Lehigh County ...... Nonattainment ...... Marginal Northampton County ...... Nonattainment ...... Marginal. Altoona Area: Blair County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Crawford County Area: Crawford County ...... Nonattainment ...... Incomplete Data. Erie Area: VerDate 29-OCT-99 19:41 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60535 PENNSYLVANIAÐOZONE (1±HOUR STANDARD)ÐContinued Designation Classification Designated Area Date 1 Type Date 1 Type Erie County ...... Nonattainment ...... Marginal. Franklin County Area: Franklin County ...... Nonattainment ...... Incomplete Data. Greene County Area: Greene County ...... Nonattainment ...... Incomplete Data. Harrisburg-Lebanon-Carlisle Area: Cumberland County ...... Nonattainment ...... Marginal. Dauphin County ...... Nonattainment ...... Marginal. Lebanon County ...... Nonattainment ...... Marginal. Perry County ...... Nonattainment ...... Marginal. Johnstown Area: Cambria County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Somerset County ...... 1/6/92 Nonattainment ...... 1/6/92 Marginal. Juniata County Area: Juniata County ...... Nonattainment ...... Incomplete Data. Lancaster Area: Lancaster County ...... Nonattainment ...... Marginal. Lawrence County Area: Lawrence County ...... Nonattainment ...... Incomplete Data Northumberland County Area: Northumberland County ...... Nonattainment ...... Incomplete Data. Philadelphia-Wilmington-Trenton Area: Bucks County ...... Nonattainment ...... Severe-15. Chester County ...... Nonattainment ...... Severe-15. Delaware County ...... Nonattainment ...... Severe-15. Montgomery County ...... Nonattainment ...... Severe-15. Philadelphia County ...... Nonattainment ...... Severe-15. Pike County Area: Pike County ...... Nonattainment ...... Incomplete Data. Pittsburgh-Beaver Valley Area: Allegheny County ...... Nonattainment ...... Moderate (2). Armstrong County ...... Nonattainment ...... Moderate (2). Beaver County ...... Nonattainment ...... Moderate (2). Butler County ...... Nonattainment ...... Moderate (2). Fayette County ...... Nonattainment ...... Moderate (2). Washington County ...... Nonattainment ...... Moderate (2). Westmoreland County ...... Nonattainment ...... Moderate (2). Reading Area: Berks County ...... 6/23/97 Unclassifiable/Attainment Schuylkill County Area: Schuylkill County ...... Nonattainment ...... Incomplete Data. Scranton-Wilkes-Barre Area: Columbia County ...... Nonattainment ...... Marginal. Lackawanna County ...... Nonattainment ...... Marginal. Luzerne County ...... Nonattainment ...... Marginal. Monroe County ...... Nonattainment ...... Marginal. Wyoming County ...... Nonattainment ...... Marginal. Snyder County Area: Snyder County ...... Nonattainment ...... Incomplete Data. Susquehanna County Area: Susquehanna County ...... Nonattainment ...... ncomplete Data. Warren County Area: Warren County ...... Nonattainment ...... Incomplete Data. Wayne County Area: Wayne County ...... Nonattainment ...... Incomplete Data. York Area: Adams County ...... Nonattainment ...... Marginal. York County ...... Nonattainment ...... Marginal. Youngstown-Warren-Sharon Area: Mercer County ...... Nonattainment ...... Marginal. AQCR 151 NE Pennsylvania Intrastate (Remainder of) Bradford County ...... Unclassifiable/Attainment Sullivan County ...... Unclassifiable/Attainment Tioga County ...... Unclassifiable/Attainment ...... Unclassifiable/Attainment AQCR 178 NW Pennsylvania Interstate (Remainder of) Cameron County ...... Unclassifiable/Attainment Clarion County ...... Unclassifiable/Attainment Clearfield County ...... Unclassifiable/Attainment Elk County ...... Unclassifiable/Attainment VerDate 29-OCT-99 19:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60536 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules PENNSYLVANIAÐOZONE (1±HOUR STANDARD)ÐContinued Designation Classification Designated Area Date 1 Type Date 1 Type Forest County ...... Unclassifiable/Attainment Jefferson County ...... Unclassifiable/Attainment McKean County ...... Unclassifiable/Attainment Potter County ...... Unclassifiable/Attainment Venango County ...... Unclassifiable/Attainment AQCR 195 Central Pennsylvania Intrastate (Remainder of) Bedford County ...... Unclassifiable/Attainment Centre County ...... Unclassifiable/Attainment Clinton County ...... Unclassifiable/Attainment Fulton County ...... Unclassifiable/Attainment Huntingdon County ...... Unclassifiable/Attainment Lycoming County ...... Unclassifiable/Attainment Mifflin County ...... Unclassifiable/Attainment Montour County ...... Unclassifiable/Attainment Union County ...... Unclassifiable/Attainment AQCR 197 SW Pennsylvania Intrastate (Remainder of) Indiana County ...... Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. 2 Attainment date extended to 11/15/97. * * * * * * * 41. In § 81.340, the table entitled ‘‘Rhode Island—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.340 Rhode Island. * * * * * * * RHODE ISLANDÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Providence (all of RI) Area: Bristol County ...... Nonattainment ...... Serious. Kent County ...... Nonattainment ...... Serious. Newport County ...... Nonattainment ...... Serious. Providence County ...... Nonattainment ...... Serious. Washington County ...... Nonattainment ...... Serious. 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 42. In § 81.341, the table entitled ‘‘South Carolina—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.341 South Carolina. * * * * * * * SOUTH CAROLINAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Statewide Unclassifiable/Attainment Abbeville County Aiken County Allendale County Anderson County Bamberg County Barnwell County Beaufort County Berkeley County Calhoun County Charleston County Cherokee County 2/16/93 Chester County Chesterfield County Clarendon County Colleton County Darlington County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60537 SOUTH CAROLINAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Dillon County Dorchester County Edgefield County Fairfield County Florence County Georgetown County Greenville County Greenwood County Hampton County Horry County Jasper County Kershaw County Lancaster County Laurens County Lee County Lexington County Marion County Marlboro County McCormick County Newberry County Oconee County Orangeburg County Pickens County Richland County Saluda County Spartanburg County Sumter County Union County Williamsburg County York County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 43. In § 81.342, the table entitled ‘‘South Dakota-Ozone (1–Hour Standard)’’ is revised to read as follows: § 81.342 South Dakota. * * * * * * * SOUTH DAKOTAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Statewide ...... Unclassifiable/Attainment Aurora County Beadle County Bennett County Bon Homme County Brookings County Brown County Brule County Buffalo County Butte County Campbell County Charles Mix County Clark County Clay County Codington County Corson County Custer County Davison County Day County Deuel County Dewey County Douglas County Edmunds County Fall River County Faulk County Grant County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60538 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules SOUTH DAKOTAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Gregory County Haakon County Hamlin County Hand County Hanson County Harding County Hughes County Hutchinson County Hyde County Jackson County Jerauld County Jones County Kingsbury County Lake County Lawrence County Lincoln County Lyman County Marshall County McCook County McPherson County Meade County Mellette County Miner County Minnehaha County Moody County Pennington County Perkins County Potter County Roberts County Sanborn County Shannon County Spink County Stanley County Sully County Todd County Tripp County Turner County Union County Walworth County Yankton County Ziebach County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 44. In § 81.343, the table entitled ‘‘Tennessee—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.343 Tennessee. * * * * * * * TENNESSEEÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Statewide ...... Unclassifiable/Attainment Anderson County Bedford County Benton County Bledsoe County Blount County Bradley County Campbell County Cannon County Carroll County Carter County Cheatham County Chester County Claiborne County Clay County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60539 TENNESSEEÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Cocke County Coffee County Crockett County Cumberland County DeKalb County Decatur County Dickson County Davidson County ...... 10/30/96 Dyer County Fayette County Fentress County Franklin County Gibson County Giles County Grainger County Greene County Grundy County Hamblen County Hamilton County Hancock County Hardeman County Hardin County Hawkins County Haywood County Henderson County Henry County Hickman County Houston County Humphreys County Jackson County Jefferson County Johnson County Knox County ...... 10/27/93 Lake County Lauderdale County Lawrence County Lewis County Lincoln County Loudon County Macon County Madison County Marion County Marshall County Maury County McMinn County McNairy County Meigs County Monroe County Montgomery County Moore County Morgan County Obion County Overton County Perry County Pickett County Polk County Putnam County Rhea County Roane County Robertson County Rutherford County ...... 10/30/96 Scott County Sequatchie County Sevier County Shelby County ...... 2/16/95 Smith County Stewart County Sullivan County Sumner County ...... 10/30/96 Tipton County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60540 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules TENNESSEEÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Trousdale County Unicoi County Union County Van Buren County Warren County Washington County Wayne County Weakley County White County Williamson County ...... 10/30/96 Wilson County ...... 10/30/96 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 45. In § 81.344, the table entitled ‘‘Texas—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.344 Texas. * * * * * * * TEXASÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Beaumont/Port Arthur Area: Hardin County ...... Nonattainment ...... 6/03/96 Moderate. Jefferson County ...... Nonattainment ...... 6/03/96 Moderate. Orange County ...... Nonattainment ...... 6/03/96 Moderate. Dallas-Fort Worth Area: Collin County ...... Nonattainment ...... 3/20/98 Serious. Dallas County ...... Nonattainment ...... 3/20/98 Serious. Denton County ...... Nonattainment ...... 3/20/98 Serious. Tarrant County ...... Nonattainment ...... 3/20/98 Serious. El Paso Area: El Paso County ...... Nonattainment ...... Serious. Houston-Galveston-Brazoria Area: Brazoria County ...... Nonattainment ...... Servere-17. Chambers County ...... Nonattainment ...... Servere-17. Fort Bend County ...... Nonattainment ...... Servere-17. Galveston County ...... Nonattainment ...... Servere-17. Harris County ...... Nonattainment ...... Servere-17. Liberty County ...... Nonattainment ...... Servere-17. Montgomery County ...... Nonattainment ...... Servere-17. Waller County ...... Nonattainment ...... Servere-17. Longview Area: Gregg County ...... Unclassifiable/Attainment Victoria Area: Victoria County ...... 5/8/95 Attainment AQCR 022 Shreveport-Texarkana-Tyler Interstate ...... Unclassifiable/Attainment Anderson County Bowie County Camp County Cass County Cherokee County Delta County Franklin County Gregg County Harrison County Henderson County Hopkins County Lamar County Marion County Morris County Panola County Rains County Red River County Rusk County Smith County Titus County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60541 TEXASÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Upshur County Van Zandt County Wood County AQCR 106 S Louisiana-SE Texas Interstate (Remainder of) ...... Unclassifiable/Attainment Angelina County, Houston County, Jasper County, Nacogdoches County, Newton County, Polk County, Sabine County, San Augustine County, San Jacinto County, Shelby County, Trinity County, Tyler County AQCR 153 El Paso-Las Cruces-Alamogordo Interstate ...... Unclassifiable/Attainment Brewster County Culberson County Hudspeth County Jeff Davis County Presidio County AQCR 210 Abilene-Wichita Falls Intrastate ...... Unclassifiable/Attainment Archer County, Baylor County, Brown County, Callahan County, Clay County, Coleman County, Comanche County, Cottle County, Eastland County, Fisher County, Foard County, Hardeman County, Haskell County, Jack County, Jones County, Kent County, Knox County, Mitchell County, Montague County, Nolan County, Runnels County, Scurry County, Shackelford County, Stephens County, Stonewall County, Taylor County, Throckmorton County, Wich- ita County, Wilbarger County, Young County AQCR 211 Amarillo-Lubbock Intrastate ...... Unclassifiable/Attainment Armstrong County, Bailey County, Briscoe County, Car- son County, Castro County, Childress County, Coch- ran County, Collingsworth County, Crosby County, Dallam County, Deaf Smith County, Dickens County, Donley County, Floyd County, Garza County, Gray County, Hale County, Hall County, Hansford County, Hartley County, Hemphill County, Hockley County, Hutchinson County, King County, Lamb County, Lipscomb County, Lubbock County, Lynn County, Moore County, Motley County, Ochiltree County, Oldham County, Parmer County, Potter County, Ran- dall County, Roberts County, Sherman County, Swisher County, Terry County, Wheeler County, Yoakum County AQCR 212 Austin-Waco Intrastate ...... Unclassifiable/Attainment Bastrop County Bell County Blanco County Bosque County Brazos County Burleson County Burnet County Caldwell County Coryell County Falls County Fayette County Freestone County Grimes County Hamilton County Hays County Hill County Lampasas County Lee County Leon County Limestone County Llano County Madison County McLennan County Milam County Mills County Robertson County San Saba County Travis County Washington County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60542 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules TEXASÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Williamson County AQCR 213 Brownsville-Laredo Intrastate ...... Unclassifiable/Attainment Cameron County Hidalgo County Jim Hogg County Starr County Webb County Willacy County Zapata County AQCR 214 Corpus Christi-Victoria Intrastate (Remainder of) ...... Unclassifiable/Attainment Aransas County, Bee County, Brooks County, Calhoun County, De Witt County, Duval County, Goliad Coun- ty, Gonzales County, Jackson County, Jim Wells County, Kenedy County, Kleberg County, Lavaca County, Live Oak County, McMullen County, Refugio County, San Patricio County, AQCR 214 Corpus Christi-Victoria Intrastate (part) ...... Unclassifiable/Attainment Nueces County AQCR 215 Metro Dallas-Fort Worth Intrastate (Remainder ...... Unclassifiable/Attainment of). Cooke County Ellis County Erath County Fannin County Grayson County Hood County Hunt County Johnson County Kaufman County Navarro County Palo Pinto County Parker County Rockwall County Somervell County Wise County AQCR 216 Metro Houston-Galveston Intrastate (Remainder ...... Unclassifiable/Attainment of). Austin County, Colorado County, Matagorda County, Walker County, Wharton County AQCR 217 Metro San Antonio Intrastate (part) ...... Unclassifiable/Attainment Bexar County AQCR 217 Metro San Antonio Intrastate (Remainder of) ...... Unclassifiable/Attainment Atascosa County, Bandera County, Comal County, Dimmit County, Edwards County, Frio County, Gil- lespie County, Guadalupe County, Karnes County, Kendall County, Kerr County, Kinney County, La Salle County, Maverick County, Medina County, Real County, Uvalde County, Val Verde County, Wilson County, Zavala County AQCR 218 Midland-Odessa-San Angelo Intrastate (part) ...... Unclassifiable/Attainment Ector County AQCR 218 Midland-Odessa-San Angelo Intrastate (Remain- ...... Unclassifiable/Attainment der of). Andrews County, Borden County, Coke County, Concho County, Crane County, Crockett County, Dawson County, Gaines County, Glasscock County, Howard County, Irion County, Kimble County, Loving County, Martin County, Mason County, McCulloch County, Menard County, Midland County, Pecos County, Reagan County, Reeves County, Schleicher County, Sterling County, Sutton County, Terrell Coun- ty, Tom Green County, Upton County, Ward County, Winkler County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 46. In § 81.345, the table entitled ‘‘Utah—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.345 Utah. * * * * * * * VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60543 UTAHÐOZONE (1-HOUR STANDARD) Designation Classification Designation area Date 1 Type Date 1 Type Salt Lake City Area: Davis County ...... 8/18/97 Attainment Salt Lake County ...... 8/18/97 Attainment Rest of State ...... Unclassifiable/Attainment Beaver County Box Elder County Cache County Carbon County Daggett County Duchesne County Emery County Garfield County Grand County Iron County Juab County Kane County Millard County Morgan County Piute County Rich County San Juan County Sanpete County Sevier County Summit County Tooele County Uintah County Utah County Wasatch County Washington County Wayne County Weber County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * 47. In § 81.346, the table entitled ‘‘Vermont—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.346 Vermont. * * * * * * * VERMONTÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type AQCR 159 Champlain Calley Interstate (part) Addison County Unclassifiable ...... Unclassifiable/Attainment Chittenden County ...... Unclassifiable/Attainment AQCR 159 Champlain Calley Interstate (Remainder of) ...... Unclassifiable/Attainment Franklin County Grand Isle County Rutland County AQCR 221 Vermont Intrastate (part) ...... Unclassifiable/Attainment Windsor County AQCR 221 Vermont Intrastate (Remainder of) ...... Unclassifiable/Attainment Bennington County Caledonia County Essex County Lamoille County Orange County Orleans County Washington County Windham County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 48. In § 81.347, the table entitled ‘‘Virginia—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.347 Virginia. * * * * * * * VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60544 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules VIRGINIAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Norfolk-Virginia-Beach Newport News (Hampton Roads) 7/28/97 Attainment Area. Chesapeake Hampton James City County Newport News Norfolk Poquoson Portsmouth Suffolk Virginia Beach Williamsburg York County Richmond Area: Charles City County (part) Beginning at the intersection 12/17/97 Attainment of State Route 156 and the Henrico/Charles City County Line, proceeding south along State Route 5/ 156 to the intersection with State Route 106/156, pro- ceeding south along Route 106/156 to the intersec- tion with the Prince George/Charles City County line, proceeding west along the Prince George/Charles City County line to the intersection with the Chester- field/Charles City County line, proceeding north along the Chesterfield/Charles City County line to the inter- section with the Henrico/Charles City County line, proceeding north along the Henrico/Charles City County line to State Route 156. Chesterfield County ...... 12/17/97 Attainment Colonial Heights ...... 12/17/97 Attainment Hanover County ...... 12/17/97 Attainment Henrico County ...... 12/17/97 Attainment Hopewell ...... 12/17/97 Attainment Richmond ...... 12/17/97 Attainment Smyth County Area: Smyth County (part) ...... 1/6/92 Nonattainment ...... 1/6/92 Rural transport (Mar- ginal). The portion of White Top Mountain above the 4,500 foot elevation in Smyth County Washington Area: Washington Area: Alexandria ...... Nonattainment ...... Serious. Arlington County ...... Nonattainment ...... Serious. Fairfax ...... Nonattainment ...... Serious. Fairfax County ...... Nonattainment ...... Serious. Falls Church ...... Nonattainment ...... Serious. Loudoun County ...... Nonattainment ...... Serious. Manassas ...... Nonattainment ...... Serious. Manassas Park ...... Nonattainment ...... Serious. Prince William County ...... Nonattainment ...... Serious. Stafford County ...... Nonattainment ...... Serious. AQCR 207 Eastern TennesseeÐSW Virginia Interstate (Re- ...... Unclassifiable/Attainment mainder of). Bland County Bristol Buchanan County Carroll County Dickenson County Galax Grayson County Lee County Norton Russell County Scott County Smyth County (part) Remainder of county Tazewell County Washington County Wise County Wythe County AQCR 222 Central Virginia Intrastate ...... Unclassifiable/Attainment Amelia County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00068 Fmt 4701 Sfmt 4700 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60545 VIRGINIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Amherst County Appomattox County Bedford Bedford County Brunswick County Buckingham County Campbell County Charlotte County Cumberland County Danville Franklin County Halifax County Henry County Lunenburg County Lynchburg Martinsville Mecklenburg County Nottoway County Patrick County Pittsylvania County Prince Edward County South Boston AQCR 223 Hampton Roads Intrastate (Remainder of) ...... Unclassifiable/Attainment Franklin Isle Of Wight County Southampton County AQCR 224 NE Virginia Intrastate (Remainder of) ...... Unclassifiable/Attainment Accomack County Albemarle County Caroline County Charlottesville Culpeper County Essex County Fauquier County Fluvanna County Fredericksburg Gloucester County Greene County King and Queen County King George County King William County Lancaster County Louisa County Madison County Mathews County Middlesex County Nelson County Northampton County Northumberland County Orange County Rappahannock County Richmond County Spotsylvania County Westmoreland County AQCR 225 State Capital Intrastate (Remainder of) Charles City County (part) ...... Unclassifiable/Attainment Remainder of County Dinwiddie County Emporia Goochland County Greensville County New Kent County Petersburg Powhatan County Prince George County Surry County Sussex County AQCR 226 Valley of Virginia Intrastate ...... Unclassifiable/Attainment Alleghany County Augusta County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00069 Fmt 4701 Sfmt 4700 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60546 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules VIRGINIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Bath County Botetourt County Buena Vista Clarke County Clifton Forge Covington County Craig County Floyd County Frederick County Giles County Harrisonburg Highland County Lexington Montgomery County Page County Pulaski County Radford Roanoke Roanoke County Rockbridge County Rockingham County Salem Shenandoah County Staunton Warren County Waynesboro Winchester 1 This date is November 15, 1990, unless otherwise noted. * * * * * 49. In § 81.348, the table entitled ‘‘Washington—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.348 Washington. * * * * * WASHINGTONÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date1 Type Date1 Type Portland-Vancouver AQMA Area: Clark County (part) ...... Attainment Air Quality Maintenance Area Seattle-Tacoma Area: VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60547 WASHINGTONÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date1 Type Date1 Type The following boundary includes all of Pierce County, 11/25/96 Attainment and all of King County except a small portion on the north-east corner and the western portion of Snoho- mish County: Starting at the mouth of the Nisqually river extend northwesterly along the Pierce County line to the southernmost point of the west county line of King County; thence northerly along the county line to the southernmost point of the west county line of Snohomish County; thence northerly along the county line to the intersection with SR 532; thence easterly along the north line of SR 532 to the intersection of I±5, continuing east along the same road now identi- fied as Henning Rd., to the intersection with SR 9 at Bryant; thence continuing easterly on Bryant East Rd. and Rock Creek Rd., also identified as Grandview Rd., approximately 3 miles to the point at which it is crossed by the existing BPA electrical transmission line; thence southeasterly along the BPA trans- mission line approximately 8 miles to point of the crossing of the south fork of the Stillaguamish River; thence continuing in a southeasterly direction in a meander line following the bed of the River to Jordan Road; southerly along Jordan Road to the north city limits of Granite Falls; thence following the north and east city limits to 92nd St. N.E. and Menzel Lake Rd.; thence south-southeasterly along the Menzel Lake Rd. and the Lake Roesiger Rd. a distance of approxi- mately 6 miles to the northernmost point of Lake Roesiger; thence southerly along a meander line fol- lowing the middle of the Lake and Roesiger Creek to Woods Creek; thence southerly along a meander line following the bed of the Creek approximately 6 miles to the point the Creek is crossed by the existing BPA electrical transmission line; thence easterly along the BPA transmission line approximately 0.2 miles; thence southerly along the BPA Chief Joseph-Cov- ington electrical transmission line approximately 3 miles to the north line of SR 2; thence southeasterly along SR 2 to the intersection with the east county line of King County; thence south along the county line to the northernmost point of the east county line of Pierce County; thence along the county line to the point of beginning at the mouth of the Nisqually River. AQCR 062 E Washington-N Idaho Interstate (part)...... 11/25/96 Attainment Spokane County ...... Unclassifiable/Attainment AQCR 062 E Washington-N Idaho Interstate (Remainder of) ...... Unclassifiable/Attainment Adams County Asotin County Columbia County Garfield County Grant County Lincoln County Whitman County AQCR 193 Portland Interstate (Remainder of) ...... Unclassifiable/Attainment Clark County (part) Remainder of county Cowlitz County Lewis County Skamania County Wahkiakum County AQCR 227 Northern Washington Intrastate ...... Unclassifiable/Attainment Chelan County Douglas County Ferry County Okanogan County Pend Oreille County Stevens County AQCR 228 Olympic-Northwest Washington Intrastate ...... Unclassifiable/Attainment Clallam County Grays Harbor County Island County VerDate 29-OCT-99 19:15 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60548 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules WASHINGTONÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date1 Type Date1 Type Jefferson County Mason County Pacific County San Juan County Skagit County Thurston County Whatcom County AQCR 229 Puget Sound Intrastate (Remainder of) ...... Unclassifiable/Attainment King County (Part) Remainder of County Kitsap County Snohomish County (Part) Remainer of County AQCR 230 South Central Washington Intrastate ...... Unclassifiable/Attainment Benton County Franklin County Kittitas County Klickitat County Walla Walla County Yakima County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 50. In § 81.349, the table entitled ‘‘West Virginia—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.349 West Virginia. * * * * * * * WEST VIRGINIAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Charleston Area: Kanawha County ...... 10/6/94 Unclassifiable/Attainment Putnam County ...... 10/6/94 Unclassifiable/Attainment Greenbrier Area: Greenbrier County ...... 9/18/95 Unclassifiable/Attainment Huntington-Ashland Area: Cabell County ...... 12/21/94 Unclassifiable/Attainment Wayne County ...... 12/21/94 Unclassifiable/Attainment Parkersburg-Marietta Area: Wood County ...... 10/6/94 Unclassifiable/Attainment Rest of State ...... Unclassifiable/Attainment Barbour County Berkeley County Boone County Braxton County Brooke County Calhoun County Clay County Doddridge County Fayette County Gilmer County Grant County Hampshire County Hancock County Hardy County Harrison County Jackson County Jefferson County Lewis County Lincoln County Logan County Marion County Marshall County Mason County McDowell County Mercer County Mineral County Mingo County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60549 WEST VIRGINIAÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Monongalia County Monroe County Morgan County Nicholas County Ohio County Pendleton County Pleasants County Pocahontas County Preston County Raleigh County Randolph County Ritchie County Roane County Summers County Taylor County Tucker County Tyler County Upshur County Webster County Wetzel County Wirt County Wyoming County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 51. In § 81.350, the table entitled ‘‘Wisconsin—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.350 Wisconsin. * * * * * * * WISCONSIN-OZONE (1±HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Door County Area: Door County ...... 1/6/92 Nonattainment ...... 1/6/92 Rural Transport (Mar- ginal). Kewaunee County Area: Kewaunee County ...... 8/26/96 Attainment. Manitowoc County Area: Manitowoc County ...... 1/6/92 Nonattainment ...... 8/22/97 Moderate.2 Milwaukee-Racine Area: Kenosha County ...... Nonattainment ...... SevereÐ17. Milwaukee County ...... Nonattainment ...... SevereÐ17. Ozaukee County ...... Nonattainment ...... SevereÐ17. Racine County ...... Nonattainment ...... SevereÐ17. Washington County ...... Nonattainment ...... SevereÐ17. Waukesha County ...... Nonattainment ...... SevereÐ17. Sheboygan County Area: Sheboygan County ...... 8/26/96 Attainment Walworth County Area: Walworth County ...... 8/26/96 Attainment Adams County ...... Unclassifiable/Attainment Ashland County ...... Unclassifiable/Attainment Barron County ...... Unclassifiable/Attainment Bayfield County ...... Unclassifiable/Attainment Brown County ...... Unclassifiable/Attainment Buffalo County ...... Unclassifiable/Attainment Burnett County ...... Unclassifiable/Attainment Calumet County ...... Unclassifiable/Attainment Chippewa County ...... Unclassifiable/Attainment Clark County ...... Unclassifiable/Attainment Columbia County ...... Unclassifiable/Attainment Crawford County ...... Unclassifiable/Attainment Dane County ...... Unclassifiable/Attainment Dodge County ...... Unclassifiable/Attainment Douglas County ...... Unclassifiable/Attainment Dunn County ...... Unclassifiable/Attainment VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60550 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules WISCONSIN-OZONE (1±HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Eau Claire County ...... Unclassifiable/Attainment Florence County ...... Unclassifiable/Attainment Fond du Lac County ...... Unclassifiable/Attainment Forest County ...... Unclassifiable/Attainment Grant County ...... Unclassifiable/Attainment Green County ...... Unclassifiable/Attainment Green Lake County ...... Unclassifiable/Attainment Iowa County ...... Unclassifiable/Attainment Iron County ...... Unclassifiable/Attainment Jackson County ...... Unclassifiable/Attainment Jefferson County ...... Unclassifiable/Attainment Juneau County ...... Unclassifiable/Attainment La Crosse County ...... Unclassifiable/Attainment Lafayette County ...... Unclassifiable/Attainment Langlade County ...... Unclassifiable/Attainment Lincoln County ...... Unclassifiable/Attainment Marathon County ...... Unclassifiable/Attainment Marinette County ...... Unclassifiable/Attainment Marquette County ...... Unclassifiable/Attainment Menominee County ...... Unclassifiable/Attainment Monroe County ...... Unclassifiable/Attainment Oconto County ...... Unclassifiable/Attainment Oneida County ...... Unclassifiable/Attainment Outagamie County ...... Unclassifiable/Attainment Pepin County ...... Unclassifiable/Attainment Pierce County ...... Unclassifiable/Attainment Polk County ...... Unclassifiable/Attainment Portage County ...... Unclassifiable/Attainment Price County ...... Unclassifiable/Attainment Richland County ...... Unclassifiable/Attainment Rock County ...... Unclassifiable/Attainment Rusk County ...... Unclassifiable/Attainment St. Croix County ...... Unclassifiable/Attainment Sauk County ...... Unclassifiable/Attainment Sawyer County ...... Unclassifiable/Attainment Shawano County ...... Unclassifiable/Attainment Taylor County ...... Unclassifiable/Attainment Trempealeau County ...... Unclassifiable/Attainment Vernon County ...... Unclassifiable/Attainment Vilas County ...... Unclassifiable/Attainment Washburn County ...... Unclassifiable/Attainment Waupaca County ...... Unclassifiable/Attainment Waushara County ...... Unclassifiable/Attainment Winnebago County ...... Unclassifiable/Attainment Wood County ...... Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. 2 Attainment date temporarily delayed until November 15, 2007. * * * * * * * 52. In § 81.351, the table entitled ‘‘Wyoming—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.351 Wyoming. * * * * * * * WYOMINGÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Statewide ...... Unclassifiable/Attainment Albany County Big Horn County Campbell County Carbon County Converse County Crook County Fremont County Goshen County Hot Springs County VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60551 WYOMINGÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Johnson County Laramie County Lincoln County Natrona County Niobrara County Park County Platte County Sheridan County Sublette County Sweetwater County Teton County Uinta County Washakie County Weston County 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 53. In § 81.352, the table entitled ‘‘American Samoa—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.352 American Samoa. * * * * * * * AMERICAN SAMOAÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date1 Type Date1 Type Statewide ...... Unclassifiable/Attainment 1This date is November 15, 1990, unless otherwise noted. * * * * * * * 54. In § 81.353, the table entitled ‘‘Guam—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.353 Guam. * * * * * * * GUAMÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Statewide ...... Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 55. In § 81.354, the table entitled ‘‘Northern Mariana Islands—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.354 Northern Mariana Islands. * * * * * * * NORTHERN MARIANA ISLANDSÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Whole State ...... Unclassifiable/Attainment 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 56. In § 81.355, the table entitled ‘‘Puerto Rico—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.355 Puerto Rico. * * * * * * * VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 60552 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules PUERTO RICOÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Statewide ...... Unclassifiable/Attainment Adjuntas Municipio Aguada Municipio Aguadilla Municipio Aguas Buenas Municipio Aibonito Municipio Anasco Municipio Arecibo Municipio Arroyo Municipio Barceloneta Municipio Barranquitas Munic. Bayamon County Cabo Rojo Municipio Caguas Municipio Camuy Municipio Canovanas Municipio Carolina Municipio Catano County Cayey Municipio Ceiba Municipio Ciales Municipio Cidra Municipio Coamo Municipio Comerio Municipio Corozal Municipio Culebra Municipio Dorado Municipio Fajardo Municipio Florida Municipio Guanica Municipio Guayama Municipio Guayanilla Municipio Guaynabo County Gurabo Municipio Hatillo Municipio Hormigueros Municipio Humacao Municipio Isabela Municipio Jayuya Municipio Juana Diaz Municipio Juncos Municipio Lajas Municipio Lares Municipio Las Marias Municipio Las Piedras Municipio Loiza Municipio Luquillo Municipio Manati Municipio Maricao Municipio Maunabo Municipio Mayaguez Municipio Moca Municipio Morovis Municipio Naguabo Municipio Naranjito Municipio Orocovis Municipio Patillas Minicipio Penuelas Municipio Ponce Municipio Quebradillas Municipio Rincon Municipio Rio Grande Municipio Sabana Grande Municipio Salinas Municipio San German Municipio San Juan Municipio San Lorenzo Municipio San Sebastian Municipio Santa Isabel Municipio Toa Alta Municipio VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60553 PUERTO RICOÐOZONE (1-HOUR STANDARD)ÐContinued Designation Classification Designated area Date 1 Type Date 1 Type Toa Baja County Trujillo Alto Municipio Utuado Municipio Vega Alta Municipio Vega Baja Municipio Vieques Municipio Villalba Municipio Yabucoa Municipio Yauco Municipio 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * 57. In § 81.356, the table entitled ‘‘Virgin Islands—Ozone (1-Hour Standard)’’ is revised to read as follows: § 81.356 Virgin Islands. * * * * * * * VIRGIN ISLANDSÐOZONE (1-HOUR STANDARD) Designation Classification Designated area Date 1 Type Date 1 Type Statewide ...... Unclassifiable/Attainment St. Croix St. John St. Thomas 1 This date is November 15, 1990, unless otherwise noted. * * * * * * * [FR Doc. 99–28031 Filed 11–4–99; 8:45 am] BILLING CODE 6560±50±P VerDate 29-OCT-99 18:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00077 Fmt 4701 Sfmt 4706 E:\FR\FM\05NOP2.XXX pfrm01 PsN: 05NOP2 eDt 9OT9 44 o 4 99Jt100 O000Fm001Ft41 ft41 :F\MA5O.1 fm3PsN:05NOP3 pfrm03 E:\FR\FM\A05NO2.114 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 14:40Nov04, 1999 VerDate 29-OCT-99 federal register November 5,1999 Friday Rule Occupant CrashProtection;Proposed Federal MotorVehicleSafetyStandards; 49 CFRParts552,571,585,and595 Administration National HighwayTrafficSafety Transportation Department of Part III 60555 60556 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules DEPARTMENT OF TRANSPORTATION occupants. We continue to propose to Table of Contents adopt a number of options for National Highway Traffic Safety I. Executive Summary complying with those requirements so II. Background Administration that vehicle manufacturers would be A. Statutory Requirements free to choose from a variety of effective B. Existing Air Bag Requirements 49 CFR Parts 552, 571, 585, and 595 technological solutions and to develop C. September 1998 NPRM [Docket No. NHTSA 99±6407; Notice 1] new ones if they so desire. With this D. Public Comments flexibility, they could use technologies 1. Tests for Requirements to Improve RIN 2127±AG70 that modulate or otherwise control air Occupant Protection for Different Size bag deployment so deploying air bags Occupants, Belted and Unbelted Federal Motor Vehicle Safety do not cause serious injuries, a. Belted Rigid Barrier Test Standards; Occupant Crash Protection b. Unbelted Rigid Barrier Test technologies that prevent air bag c. Up-to-40 km/h (25 mph) Offset AGENCY: National Highway Traffic deployment if children or out-of- Deformable Barrier Test Safety Administration (NHTSA), DOT. position occupants are present, or a 2. Tests for Requirements to Minimize the combination thereof. ACTION: Supplemental notice of Risk to Infants, Children and Other proposed rulemaking (SNPRM). DATES: You should submit your Occupants from Injuries and Deaths comments early enough to ensure that Caused by Air Bags a. Tests to Minimize Risks to Infants SUMMARY: In September 1998, we Docket Management receives them not b. Tests to Minimize Risks to Children proposed to upgrade our air bag later than December 30, 1999. c. Tests to Minimize Risks to Adults requirements for passenger cars and ADDRESSES: You may submit your 3. Injury Criteria light trucks to meet the twin goals comments in writing to: Docket E. Events since September 1998 mandated by the Transportation Equity Management, Room PL–401, 400 III. SNPRM for Advanced Air Bags Act for the 21st Century: improving Seventh Street, SW, Washington, DC A. Introduction protection for occupants of all sizes, 20590. You may also submit your B. Existing and Proposed Test belted and unbelted, in moderate to comments electronically by logging onto Requirements 1. Tests for Requirements to Improve high speed crashes; and minimizing the the Dockets Management System risks posed by air bags to infants, Occupant Protection for Different Size website at http://dms.dot.gov. Click on Occupants, Belted and Unbelted children, and other occupants, ‘‘Help & Information’’ or ‘‘Help/Info’’ to a. September 1998 NPRM especially in low speed crashes. In obtain instructions for filing the b. Comments on September 1998 NPRM response to the public comments on our document electronically. Regardless of c. SNPRM 1998 proposal and to other new how you submit your comments, you (i) Requirements for Tests with Unbelted information obtained since issuing the should mention the docket number of Dummies proposal, we are issuing a supplemental this document. (ii) Proposed Array of Crash Test proposal that updates and refines the You may call Docket Management at Requirements (iii) Location and Seating Procedures for amendments under consideration. 202–366–9324 and visit the Docket from With respect to the goal of improving 5th Percentile Adult Female Dummy 10:00 a.m. to 5:00 p.m., Monday through 2. Tests for Requirements to Minimize the protection, we are proposing to adopt Friday. Risk to Infants, Children and Other one of the following alternative crash FOR FURTHER INFORMATION CONTACT: For Occupants from Injuries and Deaths tests to evaluate the protection of information about air bags and related Caused by Air Bags unbelted occupants in moderate to high rulemakings: Visit the NHTSA web site a. Safety of Infants speed crashes, i.e., those that are b. Safety of Young Children at http://www.nhtsa.dot.gov and select potentially fatal. One alternative is an c. Safety of Small Teenage and Adult ‘‘Air Bags’’ under ‘‘Popular unbelted rigid barrier test Drivers Information.’’ (perpendicular and up to ± 30 degrees C. Injury Criteria For non-legal issues, you may contact oblique to perpendicular) with a 1. Head Injury Criteria Clarke Harper, Chief, Light Duty Vehicle 2. Neck Injury Criteria maximum speed to be established in the Division, NPS–11. Telephone: (202) 3. Thoracic Injury Criteria final rule within the range of 40 to 48 366–2264. Fax: (202) 366–4329. E-mail: 4. Lower Extremity Injury Criteria km/h (25 to 30 mph). If we reduce the [email protected]. 5. Other Criteria maximum speed to 40 km/h (25 mph) For legal issues, you may contact D. Lead Time and Proposed Effective Date permanently, we might also increase the 1. Large Manufacturers Edward Glancy, Office of Chief Counsel, maximum speed of the belted rigid 2. Small Manufacturers and Multi-stage NCC–20. Telephone: (202) 366–2992. barrier test from the current 48 km/h to Manufacturers Fax: (202) 366–3820. 56 km/h (30 to 35 mph). Another E. Availability of Original Equipment and You may send mail to both of these alternative is an unbelted offset Retrofit Manual On-Off Switches officials at the National Highway Traffic F. Warning Labels and Consumer deformable barrier test with a maximum Safety Administration, 400 Seventh St., Information speed to be established in the final rule S.W., Washington, D.C. 20590. G. Miscellaneous Issues within the range of 48 to 56 km/h (30 1. Selection of Child Restraints SUPPLEMENTARY INFORMATION: to 35 mph). The vehicle would have to 2. Due Care Provision meet the requirements both in tests with Note to readers: As an aid to readers who 3. Selection of Options the driver side of the vehicle engaged are outside the engineering community, we 4. Relationship of Proposed New Injury with the barrier and in tests with the have provided at the end of this document Criteria to Existing Test Requirements passenger side engaged. a glossary that briefly explains the key 5. Time Parameters for Measuring Injury With respect to the goal of minimizing technical terms used in this preamble. In the Criteria During Tests case of the term, ‘‘fixed barrier crash test,’’ 6. Cruise Controls the risks of air bags in low speed we have supplemented the explanation with 7. Rescue Operations crashes, we continue to propose illustrations. That glossary appears in 8. Assessing Lower Extremity Injury performance requirements to ensure that Appendix B. Interested persons may find it Potential in Offset Deformable Crash future air bags do not pose unreasonable helpful to review that glossary before reading Tests risk of serious injury to out-of-position the rest of this document. 9. Hybrid III Dummy Neck VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.114 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60557 H. Relationship between the NPRM, These advanced air bag technologies and that they will continue to be, Comments on the NPRM and this are not just hypothetical possibilities; effective in protecting people in real SNPRM vehicle manufacturers are beginning to world crashes, the agency tentatively IV. Costs and Benefits install them in an increasing variety of concluded that air bags should be V. Rulemaking Analyses and Notices VI. Submission of Comments vehicles. The MY 1999 Hyundai Sonata evaluated in tests simulating those Proposed Regulatory Text has a weight sensor designed to prevent crashes. In particular, the agency Appendix A—Response to Petition the passenger air bag from deploying proposed to rely on an unbelted 48 km/ Appendix B—Glossary unless a weight of more than 66 pounds h (30 mph) rigid barrier crash test that is detected on the passenger seat. Honda approximates many of the real world I. Executive Summary introduced a dual stage inflator in its crashes severe enough to pose Since the early 1990’s, NHTSA has MY 1999 Acura. The MY 2000 Ford significant risk of serious or fatal injury. been taking steps to reduce the risk that Taurus and Honda Accord, which are Among the tests for belted occupants air bags will sometimes cause deaths, among the highest selling models in this was a new 40 km/h (25 mph) offset particularly to unrestrained children country, have dual-stage air bags. Some deformable barrier test which was and small adults, and to maintain and luxury vehicles also have advanced air intended to evaluate the ability of crash improve the benefits of air bags. Our bag technologies. For example, sensors to sense soft pulse crashes. initial efforts to reduce the risks focused Mercedes and BMW have dual-stage air With respect to the second goal of on a public education campaign to alert bags in some of their MY 2000 cars. The minimizing the risks of air bags, the the public about the dangers of air bags MY 2000 Cadillac Seville has weight very breadth of the different to children in general and to infants in and pattern sensors in the passenger technological approaches for meeting particular. We urged parents to place seat that work together to turn off the that goal necessitated we make our their children in the back seat whenever passenger air bag when children are proposal even more expansive and possible and to ensure that they were present. complex. We proposed to adopt in the always properly restrained. In the Transportation Equity Act for final rule an array of tests to Later, to speed the redesigning and the 21st Century (TEA 21),2 Congress accommodate these different recertifying of air bags that reduce the mandated that we issue a final rule that technological approaches and the risks to out-of-position occupants, we requires the installation of air bags different choices being made by established a temporary option allowing meeting, by means that include individual manufacturers about which vehicle manufacturers to certify their advanced air bag technologies, two types of those technologies to adopt. In vehicles based on an unbelted sled test. goals: first, improving occupant some cases, we were able to propose The sled test is simpler, less expensive, protection for occupants of different generic tests that are suitable for all and easier to meet than the pre-existing sizes, regardless of whether they use advanced air bags. In other cases, 30 mph unbelted crash test. Limited their seat belts, and second, minimizing however, we had to propose tests that available data appear to indicate that the risk to infants, children and other are tailored to particular technologies these redesigned air bags have reduced occupants of deaths and injuries caused and that would apply to only those air the risks from air bags for the at-risk by air bags. In accordance with TEA 21, bags incorporating those technologies. populations. However, it is not possible we published a proposal in September This array of tests was intended to at this time to draw statistically 1998 to require the timely introduction provide the manufacturers with significant conclusions about this. of advanced air bags by all vehicle technology and design flexibility, while There is a greater amount of data on manufacturers and to establish providing the agency with effective the overall benefits of air bags. These procedures for testing the risk-reducing means of evaluating the performance of data indicate that the redesigned air capabilities of the various types and all of the different advanced air bag bags 1 provide essentially the same combinations of advanced air bag systems. protection as that provided by earlier air technologies. Given the twin goals The public comments and the agency bags. We have considered this mandated by TEA 21, the proposal was research and analysis since our 1998 information in light of agency tests necessarily both expansive and NPRM have enabled us to refine and in showing that most of the tested vehicles, complex. some cases simplify the proposed although certified to the sled tests, also To meet the first goal of improving amendments that we are considering. In passed the more stringent 30 mph occupant protection, we proposed a view of the importance of some of the unbelted crash test. variety of tests using belted and changes, we have decided to publish Manufacturers are developing an unbelted dummies. We also proposed this SNPRM to obtain further public assortment of technologies, commonly adding a new dummy representing comment before making any final referred to as advanced air bag short-statured adult females. Included decisions and issuing a final rule. technologies, to reduce the risks still in these proposals was a proposal to We have reduced the number of further, for children, as well as adults. terminate the unbelted sled test option proposed dynamic and static tests, These technologies include dual-stage so that vehicles with advanced air bags especially those relating to the proposed inflators which enable air bags to inflate would be tested in unbelted barrier requirements for reducing the risks of with two different levels of power and crashes. The sled test option was air bags. We have reduced, from 14 to which can be linked to various types of valuable as a short-run expedient to nine,3 the number of proposed dynamic sensors including those that sense crash make it easier for manufacturers to bring crash tests that would be applicable to severity, belt use, and seat position (i.e., redesigned air bags to market quickly. all vehicles. We originally proposed that the location of a vehicle seat on its However, for the long-run purpose of vehicles equipped with static air bag track). Occupant weight sensors and testing air bags to ensure that they are, suppression systems (e.g., weight pattern sensors can be used to prevent sensors and pattern sensors) be subject an air bag from deploying at all in the 2 The provisions in TEA 21 regarding air bags to being tested with any child restraint were contained in a part called The NHTSA presence of children. Reauthorization Act of 1998. Given the greater manufactured over a ten-year period. public familiarity with the name TEA 21, we will 1 See footnote 15 for an explanation of the term, refer to it, instead of the Reauthorization Act, in this 3 The methodology for counting the number of ‘‘redesigned air bags.’’ document. proposed tests is explained later in this notice. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.115 pfrm03 PsN: 05NOP3 60558 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules This would have created the possibility did not suggest any workable, effective HIC is currently required not to exceed of testing with any one of several tests that we could propose as 1,000 and is evaluated over a 36 hundred different models of child replacements. millisecond period. We are proposing to restraints. Recognizing that, we solicited Instead, we are taking a different evaluate the HIC over a maximum 15 comments to aid us in identifying a approach that will provide flexibility to millisecond time interval with a much more limited number of specific manufacturers that may wish in the requirement that it not exceed a models that would be representative of future to certify advanced air bag maximum of 700. The agency the array of available child restraints. systems incorporating a DASS to historically has used a 36 millisecond Based on the public comments, we are Standard No. 208. We believe that it is time interval to measure HIC primarily now proposing to require that vehicles important in crafting our proposals because this method allowed the HIC be able to meet the applicable regarding advanced air bags to facilitate measurement to indirectly capture risk requirements when tested with any one efforts by the manufacturers to develop of neck injury (until recently, a direct of a far more limited number of child new and possibly better ways of indication of neck injury risk was not a restraints representing a cross-section of reducing air bag risks. Accordingly, we part of Standard 208). With the addition the restraints currently on the market.4 are proposing to establish very general of specific neck injury criteria to We have also significantly reduced the performance requirements for DASS and Standard 208, the agency can switch to number of positions in which test a special expedited petitioning and a 15 ms measurement interval which dummies or child restraints could be rulemaking process for considering better corresponds to the underlying placed for testing a static suppression procedures for testing advanced air bags biomechanical research. We are system. This was accomplished largely incorporating one of these systems. proposing to change the HIC time by eliminating positions that were Target time limits for each phase of such interval to a maximum of 15 substantially similar to other positions. a rulemaking are proposed. Anyone milliseconds for all dummy sizes and to We are proposing to expressly provide wishing to market such advanced air revise the HIC limits by commensurate that manufacturers may use children or bags could develop test procedures for amounts, based on a scaling from the small women instead of dummies in demonstrating the compliance of their proposed new limit for the 50th static tests to provide a basis for particular DASS with the performance percentile adult male dummy. certifying compliance with the proposed requirements and submit those test We are proposing a neck injury tests for static suppression systems. procedures to the agency for its criteria (Nij) limit of 1.0, the calculation These are simple tests in which the consideration. If the agency deems it of which has been revised since the vehicle does not move, and the air bags appropriate to do so after evaluating the NPRM. In the NPRM, we requested cannot deploy. We are making this petition, the agency would publish a comments on performance limits of proposal because existing notice proposing to adopt the Nij=1 and Nij=1.4. After considering the anthropomorphic test dummies were manufacturer’s test procedure. After comments, the available biomechanical not designed to replicate the weight considering those comments, the agency data, and testing which indicates that distribution of sitting humans in a would then decide whether the the more conservative or stringent value manner that would adequately test all procedure should be added to Standard of 1.0 can be met in current production suppression technologies, e.g., pressure/ No. 208. If it decided to do so, and if vehicles, we are proposing a limit of 1.0. pattern recognition sensors in the the procedure were suitable for the The formulae underlying the calculation vehicle seat. Since the ultimate goal of DASS of any other vehicles, then the of Nij for smaller dummies incorporate our provisions concerning suppression scaling in recognition of the greater procedure could be used by those systems is to achieve high reliability in susceptibility of children to injury. manufacturers of those vehicles as well detecting the presence of humans, the Finally, we are proposing two as by the petitioning manufacturer. The use of humans for the simple and alternative crash tests for evaluating the agency intends to minimize the number limited purpose of testing the static effectiveness of an advanced air bag in of different test procedures that are suppression systems would make good protecting unbelted occupants in a adopted for DASS and to ensure sense. It is unnecessary to propose the relatively high speed crash. These tests ultimately that similar DASS are tested use of infants for certification purposes, would be conducted with dummies in the same way. since all of the infant restraints should representing 50th percentile adult males We have also decided to change our be detectable by any suppression as well as with ones representing 5th proposed injury criteria. We have system, regardless of whether they are percentile adult females. We decided to drop our proposal for a new occupied by a dummy or an infant. contemplate adopting one of these tests combined thoracic index (CTI) and We have eliminated the proposed test in a final rule, although we could decide instead maintain separate limits for for dynamic automatic suppression to require elements of both alternatives. thoracic acceleration and deflection.5 systems (DASS) and the proposed full We believe that crashing a complete scale out-of-position test including pre- While CTI may be a better predictor of vehicle into a barrier is needed to crash braking. Public comments and our thoracic injury than chest acceleration address the type of situation for which further testing have led us to conclude and chest deflection independently, air bags are designed: frontal crashes that these tests would require there is debate in the biomechanics involving vehicles striking another enhancements to dummy biofidelity and community about the interpretation of object with sufficient force that the test procedure development that we the data. Consequently, we are pursuing impact of an occupant with the steering could not complete in time for this further research to resolve the issues. wheel, dashboard, or other interior rulemaking. Further, the commenters We are also proposing to change the surface could result in severe injuries or existing head injury criterion (HIC) for death. 6 4 For the infant dummy, 19 different seats; for the the 50th percentile adult male dummy. The first alternative is an unbelted 3-year-old dummy, 12 different seats; and for the 6- rigid barrier test (perpendicular and up year-old dummy, 5 different seats. These figures are 5 The thorax is the chest area. to ± 30 degrees oblique to not additive since some seats are used for tests with 6 HIC consists of a formula which utilizes data two different dummies. A total of 24 seats (12 infant regarding the acceleration of the dummy head in perpendicular) with a maximum speed seats, 7 convertible seats, and 5 booster seats) vehicle tests to produce a number to determine to be established in the final rule within would be used. compliance. the range of 40 to 48 km/h (25 to 30 VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.117 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60559 mph). This alternative is similar to the the date by which all vehicles must Efficiency Act of 1991 (ISTEA), test included in our 1998 NPRM. The have an advanced air bag system. We Standard No. 208 requires all passenger agency’s intent in this rulemaking is to believe that by that time consumer cars and light trucks to provide maximize, to the extent consistent with confidence in the advanced air bag automatic protection by means of air TEA 21, the protection that air bags offer systems will be sufficiently strong to bags.9 in crashes potentially resulting in fatal remove any desire for a manual on-off The automatic protection injuries. Thus, the agency’s preference switch in vehicles produced with an requirements are performance is to establish such a test requirement at advanced air bag. requirements. The standard does not as high a severity as practicable. The 40 NHTSA is proposing a replacement specify the design of an air bag. Instead, km/h (25 mph) lower end of the for the permanent sun visor label for when tested under specified test maximum test speed range is set forth vehicles certified as meeting the conditions, vehicles must meet for comment in this notice to ensure requirements of this proposed rule. The specified limits for injury criteria, that commenters address a crash test label would have new graphics and including criteria for the head, chest recommended by the Alliance of contain statements regarding belt use and thighs, measured on 50th percentile Automobile Manufacturers in late and seating children in the rear seat. In adult male test dummies. August 1999. If we reduce the maximum addition, we are proposing a new Until recently, these criteria limits speed to 40 km/h (25 mph) temporary label that states that the had to be met for air bag-equipped permanently, we might increase the vehicle meets the new requirements for vehicles in barrier crashes at speeds up maximum speed of the belted rigid advanced air bags. This label would to 48 km/h (30 mph), both with the barrier test from the current 48 km/h to replace the existing temporary label and dummies belted and with them 56 km/h (30 to 35 mph). The increase include statements regarding seat belt unbelted. However, on March 19, 1997, could go into effect after the TEA 21 use and children in rear seats. we published a final rule providing phase-in period. manufacturers with the option of The second alternative is an unbelted II. Background certifying the air bag performance of offset deformable barrier test with a A. Statutory Requirements their vehicles with an unbelted dummy maximum speed to be established in the in a sled test incorporating a 125 As part of TEA 21, Congress required final rule within the range of 48 to 56 millisecond standardized crash pulse us to issue an NPRM and final rule km/h (30 to 35 mph). The vehicle would instead of in a vehicle-to-barrier crash meeting two different, equally important have to meet the requirements both in test. We made this amendment goals: tests with the driver side of the vehicle primarily to expedite manufacturer engaged with the barrier and in tests to improve occupant protection for occupants efforts to reduce the force of air bags as with the passenger side engaged. As in of different sizes, belted and unbelted, under they deploy. the case of the first alternative, if the Federal Motor Vehicle Safety Standard No. Under the March 1997 final rule, the agency selected this second alternative 208, while minimizing the risk to infants, sled test option was scheduled to for the final rule, it would establish the children, and other occupants from injuries and deaths caused by air bags, by means that terminate on September 1, 2001. We maximum speed at as high a level as include advanced air bags. believed there was no need to practicable, consistent with TEA 21, to 8 permanently reduce Standard No. 208’s maximize the improvement in occupant (Emphasis added.) performance requirements, since a The Act provided that we were to protection in potentially fatal crashes. variety of longer term alternatives were issue the final rule by September 1, Regardless of which unbelted test or available to manufacturers to address 1999. However, if we determined that tests we ultimately adopt, we would adverse effects of air bags. retain a belted rigid barrier test with a the final rule could not be completed by The September 1, 2001 termination maximum speed of 48 km/h (30 mph) that date, the Act provided that the final date for the sled test option was with both 50th percentile adult male rule could be issued as late as March 1, superseded by a provision in TEA 21. In and 5th percentile adult female 2000. Because of the complexity of the a paragraph titled ‘‘Coordination of dummies during the TEA 21 phase-in issues and the need to issue this Effective Dates,’’ the Act provides that period.7 Further, we are continuing to SNPRM, we determined that the final the unbelted sled test option ‘‘shall propose an up-to-40 km/h (25 mph) rule could not be completed by remain in effect unless and until offset deformable barrier test September 1, 1999. Under the Act, the changed by [the final rule for advanced requirement, using belted 5th percentile final rule must therefore be issued by air bags].’’ adult female dummies. March 1, 2000. We are also continuing to propose to TEA 21 addressed various other C. September 1998 NPRM eliminate provisions which allow issues, including the effective date for Pursuant to TEA 21, on September 18, original equipment (OE) and retrofit on- the final rule. A complete discussion of 1998, we published in the Federal off switches under specified the Act’s provisions is included in the Register (63 FR 49958) a notice of circumstances. Instead of proposing to 1998 NPRM. See 63 FR 49961. proposed rulemaking (NPRM) to phase these provisions out as advanced B. Existing Air Bag Requirements upgrade Standard No. 208, Occupant air bags are phased in, as proposed in Crash Protection, to require vehicles to the NPRM, we are proposing to allow Pursuant to a provision in the OE and retrofit on-off switches to be Intermodal Surface Transportation 9 TEA 21 is thus the second in a succession of installed under the same conditions that Congressional acts modifying the Department’s currently apply for all vehicles 8 The treatment by this provision of the twin goals 1984 final rule regarding automatic protection. That and of the protection of belted and unbelted final rule mandated automatic protection, but produced prior to September 1, 2005, occupants differs significantly from the treatment explicitly provided discretion with respect to the that would have been given them by an earlier type of automatic protection (automatic seat belts 7 As noted above, if we permanently reduce the version of this mandate. That earlier version would and air bags), and implicitly provided discretion maximum test speed for the unbelted rigid barrier have established a hierarchy of priorities, placing with respect to the use of advanced air bag test to 40 km/h (25 mph), we might increase the minimizing the risks of air bags above improving technologies. ISTEA eliminated the first area of maximum test speed for the belted rigid barrier test the protection they provide, and placing the discretion, mandating the installation of air bags. to 56 km/h (35 mph), effective sometime after that protection of belted occupants above the protection TEA 21 eliminates the second area of discretion, phase-in period. of unbelted occupants. mandating the use of advanced air bag technologies. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.118 pfrm03 PsN: 05NOP3 60560 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules be equipped with advanced air bags that size of these dummies are representative 1. Tests for Requirements To Improve meet new, more rigorous performance of not only small women, but also many Occupant Protection for Different Size requirements. The advanced air bags teenagers. Occupants, Belted and Unbelted would be required in some new In addition to the existing rigid barrier a. Belted Rigid Barrier Test. passenger cars and light trucks test, representing a relatively ‘‘stiff’’ or A number of vehicle manufacturers beginning September 1, 2002, and in all ‘‘hard’’ pulse crash in perpendicular opposed adding a belted rigid barrier new cars and light trucks beginning tests and a more moderate pulse crash test using 5th percentile adult female September 1, 2005. dummies. These commenters argued As we explained in that document, air in oblique tests, we proposed to add a that this particular test is redundant bags have been shown to be highly deformable barrier crash test, given the existing belted barrier test effective in saving lives. They reduce representing a relatively ‘‘soft’’ pulse using 50th percentile adult male fatalities in frontal crashes by about 30 crash. This proposed new crash test dummies and the other proposed tests percent. However, they also sometimes requirement was intended to ensure that using 5th percentile adult female cause fatalities to infants in rear facing air bag systems are designed so that they dummies. child safety seats and out-of-position do not deploy too late. Some current air The comments of the vehicle occupants. bags deploy relatively late in certain In the 1998 NPRM, we presented a types of crashes. If an air bag deploys manufacturers on this issue were full discussion of the safety issues too late, normally seated occupants may reflective of a more general theme related to air bags. We also presented a move too close to the air bag before it running through their comments, i.e., discussion of our comprehensive plan to starts to inflate. In such a situation, the they believed the NPRM was overly address air bag fatalities, which air bag is less likely to protect the complex and included too many tests. includes requiring advanced air bags as occupant and may pose a risk to the b. Unbelted Rigid Barrier Test. a long-term solution. occupant. We proposed to use 5th Commenters had sharply different We proposed to add a new set of percentile adult female dummies in this views on our proposal to phase out the requirements to prevent air bags from test. unbelted sled test option and reinstate the up-to-48 km/h (30 mph) unbelted causing injuries and to improve the We also proposed to phase out the protection that they provide occupants rigid barrier test. Many commenters, unbelted sled test option as we phased including all vehicle manufacturers and in frontal crashes. There would be in requirements for advanced air bags. several new performance requirements the Insurance Institute for Highway We acknowledged that the sled test Safety (IIHS), strongly opposed to ensure that the advanced air bags do option has been an expedient and useful not pose unreasonable risks to out-of- reinstating the unbelted rigid barrier temporary measure to ensure that the position occupants. test. These commenters generally argued The NPRM gave alternative options vehicle manufacturers could quickly that reinstating this test would for complying with those requirements redesign all of their air bags and to help necessitate a return to ‘‘overly so that vehicle manufacturers would be ensure that some protection would aggressive’’ air bags and that the test is free to choose from a variety of effective continue to be provided. Nevertheless, not representative of typical real world technological solutions and to develop we stated that we did not consider sled crashes. Vehicle manufacturers new ones if they so desire. With this testing to be an adequate long-term requested that the sled test option flexibility, they could use technologies means of assessing the extent of remain available for the long term. On that modulate or otherwise control air occupant protection that a vehicle and the issue of possible alternative bag deployment so deploying air bags its air bag will afford occupants in the unbelted tests, IIHS suggested that, if we do not cause serious injuries or that real world. wish to phase out the sled test, we prevent air bag deployment if children Finally, we proposed new and/or should consider replacing it with a 56 or out-of-position occupants are present. upgraded injury criteria for each of the km/h (35 mph) offset deformable barrier To ensure that the new air bags are proposed new test requirements, and test. designed to avoid causing injury to a also proposed to upgrade some of the On August 31, 1999, however, vehicle broad array of occupants, we proposed injury criteria for the standard’s existing manufacturers and their trade test requirements using dummies test requirements. associations, Alliance and AIAM, representing 12-month-old, 3-year-old announced to the agency a recently and 6-year-old children, and 5th D. Public Comments reached consensus recommendation for an unbelted crash test. The industry percentile adult females, as well as tests We received comments from a wide recommended an unbelted rigid barrier representing 50th percentile adult range of interested persons including males. We noted that many of the crash test at 40 km/h (25 mph) using vehicle manufacturers, air bag proposed test procedures were new, and both 50th percentile adult male manufacturers, insurance companies, specifically requested comments with dummies and 5th percentile adult public interest groups, academia, and respect to their suitability for measuring female dummies. The test would be government. Commenters generally the performance of the various conducted in the perpendicular mode supported the goals mandated by TEA advanced systems under development. only, i.e., there would be no oblique We also proposed requirements to 21—improving the benefits of air bags, tests. No supporting data or written ensure that the new air bags are while minimizing risks from air bags— analyses were submitted to the agency designed to cushion and protect an but expressed widely differing views as at that meeting. array of belted and unbelted occupants, to how to accomplish those goals. Other commenters, including a including teenagers and small women. In this section of the preamble, we number of advocacy groups, argued that The standard’s current dynamic crash summarize the comments, particularly the up-to-48 km/h (30 mph) unbelted test requirements specify the use of 50th those relating to the major issues. rigid barrier test is representative of a percentile adult male dummies only. Because of the large number of public significant portion of real world crashes, We proposed also to specify use of 5th comments, we have included a and that improvements in vehicle and percentile adult female dummies in representative sample of the comments air bag designs will enable dynamic crash tests. The weight and and the commenters who made them. manufacturers to meet the test without VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.120 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60561 safety tradeoffs. Public Citizen argued While commenters generally Commenters also raised numerous that while the manufacturers attempt to supported adding tests for infant safety, technical issues concerning the dynamic blame the unbelted barrier test for the they raised a number of issues about the out-of-position test (S29 of the deaths and injuries caused by air bags, proposed tests. regulatory text proposed in the NPRM). a closer examination suggests that The vehicle manufacturers opposed Some commenters stated that the manufacturers’ design selection is the the proposal to test with any infant seat dummy trajectories resulting in this test real cause of injuries. It further argued manufactured during approximately the are unrealistic, and that the proposed that TEA 21 contemplates that neither 10 years prior to the date of vehicle vehicle crash test is neither repeatable belted occupants nor unbelted manufacture, citing practicability nor reproducible. Others stated that the occupants be favored under Standard concerns. A number of vehicle dummies do not move close enough to 208 and that both deserve safe and manufacturers also argued that the the air bag prior to deployment to effective protection by air bags. agency proposed too many test represent a worst case out-of-position c. Up-to-40 km/h (25 mph) Offset positions. Commenters raised numerous situation. Deformable Barrier Test. concerns about the specific details of c. Tests to minimize risks to adults. Commenters’ views on the proposed the proposed test procedures. Commenters generally supported up-to-25-mph belted offset deformable Some commenters suggested that the adding a low-risk deployment test using barrier test were mixed, but mostly agency require suppression in the a 5th percentile adult female dummy at supportive. Many commenters, presence of infants, instead of the driver seating position, although including several advocacy groups and permitting a low-risk deployment they raised a number of issues about the a number of vehicle manufacturers, option as well. These commenters cited proposed test procedure. GM supported the addition of an offset uncertainties related to injury risk for recommended that the driver low risk deformable barrier test. infants and the lack of infant deployment test be made into a Some vehicle manufacturers biomechanical data. They further component test, outside of the vehicle. requested that the test be conducted questioned if there is any benefit from Commenters also raised the same only with the driver’s side engaged, air bag deployments for infants. concerns about the proposed options for instead of with either side engaged as A number of commenters also raised automatic suppression features that proposed in the NPRM. The Association concerns about whether suppression suppress the air bag when an occupant of International Automobile devices will be ready in time to meet the is out-of-position (S27) and for the Manufacturers (AIAM) stated that a test requirements for advanced air bags, and dynamic out-of-position test (S29) as with the driver’s side engaged would how reliable they will be. they did in the context of tests to more likely produce ‘‘worst case’’ driver b. Tests to minimize risks to children. minimize risks to children. GM recommended that the agency out-of-position locations and possible Commenters’ views on the proposed also propose a low-risk deployment test driver-side intrusion, and that a tests for child safety were similar to using a 5th percentile adult female passenger side offset test would be those for infant safety. While supportive dummy at the passenger position. That redundant. Another suggestion made by of adding tests in this area, vehicle company noted that if manufacturers some vehicle manufacturers was to manufacturers raised concerns about the selected the suppression (presence) conduct the test only at 40 km/h (25 number of child restraints, number of option for child safety, there would be mph), rather than at speeds up to 40 tests, and, in some cases, availability of no out-of-position test limiting km/h (25 mph). reliable suppression devices. aggressivity for adult passengers. General Motors (GM) stated that it A number of commenters raised agreed with the addition of the offset concerns about whether current child 3. Injury Criteria deformable barrier test only if the dummies are sufficiently human-like to Commenters raised numerous highly unbelted sled test option remained in be appropriate test devices for some of technical issues concerning several of effect. GM stated that the offset the advanced technologies under proposed injury criteria and deformable barrier test augments the development. By way of example, performance limits. Some commenters sled test by addressing the crash sensing concern was expressed that suppression questioned the biomechanical basis for aspects of performance. devices that work by sensing the certain of the proposed new injury DaimlerChrysler argued that the distributed weight pattern of a child on criteria. The AAMA suggested addition of a 40 km/h (25 mph) belted a seat may not recognize the pattern of essentially a completely revised set of offset deformable barrier test for the 5th a test dummy. injury criteria. percentile female is unnecessary in light Commenters raised numerous of future ‘‘depowered’’ and/or advanced technical issues concerning the E. Events Since September 1998 air bags. That commenter stated that proposed options for automatic A number of events relevant to this injury risks to small occupants sitting suppression features that suppress the rulemaking have occurred since near the driver air bag are adequately air bag when an occupant is out-of- publication of the NPRM in September assessed using the proposed out-of- position (S27 of the regulatory text 1998. First, the development of position, low-risk deployment tests, proposed in the NPRM). Some advanced air bags by suppliers and which it endorses. commenters argued that the proposal to vehicle manufacturers has continued. Some vehicle manufacturers indicated test automatic suppression features Acura introduced dual stage that air bags might be designed so that using a moving headform is not passenger side air bags in its MY 1999 they would not deploy in 40 km/h (25 appropriate for some of the devices Acura RL. According to Acura’s press mph) offset crashes. under development, such as sensors release, ‘‘(t)he dual stage air bags were designed to track the full body of the designed to reduce the inflation speed 2. Tests for Requirements To Minimize occupant and not just the head. Others to help protect children or small-framed the Risk to Infants, Children and Other expressed difficulties related to defining adults. In a low speed collision, the Occupants From Injuries and Deaths the size, shape, and orientation of the dual-stage inflator system is triggered in Caused by Air Bags suppression plane, as well as the sequence resulting in slower air bag a. Tests to minimize risks to infants. maximum response time of the system. deployment with less initial force. In VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.121 pfrm03 PsN: 05NOP3 60562 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules higher speed collisions, both inflators plans to introduce various advanced information, we will consider the operate simultaneously for full technologies. We have also received agency tests in which most of the tested immediate inflation. The air bag system confidential information from suppliers. vehicles, although certified to the sled logic also controls the operation of the Second, in April 1999, we held a tests, met or exceeded the historical seat belt pretensioners. A new feature of public technical workshop concerning performance requirements of the 48 the system detects whether the biomechanical injury criteria. The km/h (30 mph) rigid barrier crash test. passenger’s seat belt is fastened. If the purpose of the workshop was to provide Another analysis compared the seat belt is not fastened, the air bag an additional opportunity for a percent of fatalities in frontal impacts to deploys at full force at a lower collision continuing dialog with the all impacts for MY 1996 vehicles in speed to help offer more protection to biomechanics community and the calendar year 1996 (38.9%), to MY 1997 the unbelted occupant.’’ public to assure that we considered vehicles in calendar year 1997 (41.3%), Ford publicly announced in January appropriate injury criteria. and to MY 1998 vehicles in the first 6- 1999 that it will introduce advanced Third, we have analyzed the public months of calendar year 1998 (39.6%). technology enabling its cars and trucks comments and also conducted As noted above, most of the MY 1998 to analyze crash conditions and to use additional testing. We conducted vehicles have redesigned air bags. No the results of the analyses in activating additional tests of current vehicles with statistically significant difference was safety devices to better protect a range redesigned air bags to determine how found between the three sets of data. of occupants in a variety of frontal crash they perform in 48 km/h (30 mph) rigid Again, this implies that the overall situations. Ford stated that its Advanced barrier crash tests. We selected vehicles protection provided by the redesigned Restraints System features nearly a that varied by class, stiffness, and air bags is essentially the same as that dozen technologically advanced manufacturer. We also used both 5th provided by pre-MY 1998 air bags. components that work together to give percentile adult female dummies and Fifth, on August 31, 1999, and again front-seat occupants significantly 50th percentile adult male dummies, on September 14, 1999, the vehicle enhanced protection during frontal belted and unbelted. We also conducted manufacturers and their trade crashes, taking into account their tests of several current vehicles with associations met with the agency and seating position, safety belt use and redesigned air bags to determine how presented a consensus recommendation crash severity. That company indicated they perform in 40 km/h (25 mph) rigid for an unbelted crash test. The industry that elements of the system, which barrier crash tests, 48 km/h (30 mph) 30 recommended an unbelted rigid barrier features technologies such as crash degree right/left angular barrier tests crash test at 40 km/h (25 mph) using severity sensors, a driver-seat position (belted/unbelted), 56 km/h (35 mph) both 50th percentile adult male sensor, a passenger weight sensor, safety left/right side offset fixed deformable dummies and 5th percentile adult belt usage sensors, dual-stage inflating barrier crash tests, low speed 24 to 40 female dummies. A letter regarding this km/h (15 to 25 mph) offset deformable air bags, safety belt pretensioners and recommendation was received from the crash tests and static out-of-position energy management retractors, will Alliance (dated September 2, 1999).10 tests. We also conducted sled tests at debut in vehicles beginning in the 1999 In a letter dated September 16, 1999, different crash severities with 95th calendar year. Ford stated that the an assortment of commenters, including percentile adult male dummies and MY company will introduce these new vehicle manufacturers, vehicle insurers, technologies on new and significantly 1999 and MY 1997 replacement air bags. Fourth, we have continued to analyze the American Automobile Association, freshened models until all its passenger the National Automobile Dealers cars, trucks and sport utility vehicles available data to see how redesigned air Association, the American International have the complete Advanced Restraints bags are performing in the real world. Automobile Dealers Association, the System. We analyzed 1996 to 1998 Fatality GM publicly announced in February Analysis Reporting System (FARS) data American Trauma Society, the National 1999 that it will introduce technology in and found essentially the same number Safety Council, IIHS, and the National MY 2000 that is designed to detect the of fatalities in frontal impacts for MY Association of Governors’ Highway presence of a small child in the front 1996 vehicles in 1996 FARS (730), as in Safety Representatives, opposed a return passenger seat and suppress the MY 1997 vehicles in 1997 FARS (776), to the 30 mph unbelted rigid barrier test. deployment of the passenger frontal air as in MY 1998 vehicles in 1998 FARS This letter argued that a return to this bag in the event of a frontal crash. GM (732). The fatality rates per million test would require an overall increase in stated that weight-based sensors, registered vehicles indicate that MY air bag maximum energy levels with a coupled with pattern recognition 1996 (56 per million registered vehicles) concomitant increase in risk. No technology, will distinguish between a had essentially the same fatality rates as supporting data or analysis child and a small adult female whose MY 1997 vehicles (55), while MY 1998 vehicles had a lower fatality rate (50). 10 This letter recommended that the agency adopt weight may be similar to a large child the following unbelted barrier test as an alternative restrained in a child safety seat. If the After controlling for safety belt use to the current unbelted sled test: front passenger seat is occupied by a rates, that is, estimating the number of A 40 km/h (25 mph) unbelted rigid barrier, using small child, whether in a child safety fatalities in each year if all three years 5th percentile adult female dummies and 50th seat or not, GM said that the air bag will had the same 1998 usage rate, the percentile adult male dummies, and the injury criteria recommended by AAMA in its Dec 98 not deploy. GM stated that it will fatality rates per million registered submission to agency and endorsed by the Alliance introduce this technology on the vehicles were the same for MY 1996 and in 1999. The test would be conducted Cadillac Seville in the 2000 calendar MY 1997 (53), while MY 1998 had a perpendicularly only at 25 mph (w/ allowance for year, and that it has a roll-out plan to lower fatality rate (50). Since an test variability) only, not up to 25 mph. The test would be fully phased-in during TEA 21 phase-in extend this technology throughout its estimated 87 percent of MY 1998 period (MY’s 2003–2006). Further, optional early product line. vehicles have redesigned air bags, this compliance should be allowed. Upon publication of We have received more detailed suggests that there is essentially the final rule, vehicle manufacturers should be allowed confidential information from GM and same or slightly better protection to comply with this recommended test (as opposed to either the sled test or 30 mph unbelted rigid Ford concerning their plans, as well as provided by the redesigned air bags barrier test), even in the absence of compliance with confidential information from other auto compared to pre-MY 1998 air bags. In requirements intended to reduce the risks manufacturers concerning their latest assessing the significance of this associated with air bags. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.122 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60563 accompanied the letter. The letter also tests so that we could reduce the speeds because we want to be sure that urged that NHTSA focus this number of originally proposed tests the standard does not inadvertently rulemaking on reducing the risk of air without significantly affecting the create incentives to push deployment bags to children and others, especially benefits of the NPRM. We were thresholds downward, i.e., cause air in low speed crashes, as compared to persuaded by the commenters that bags to be deployed at lower speeds. the agency’s attempting to increase air reducing the amount of testing was • Possible higher speed belted rigid bag-related benefits for unbelted important, given resource limitations, barrier test. We are also specifically occupants in higher speed crashes. and the costs to manufacturers requesting comment on a similar option In a letter dated September 29, 1999, associated with certifying vehicles to for the belted test requirement, in which Public Citizen, the Center for Auto such a large number of new test a 48 km/h (30 mph) test would be in Safety, and Parents for Safer Air Bags requirements. At the same time, we effect through the TEA 21 phase-in, to stated that they were ‘‘concerned by wanted to be sure that the SNPRM be subsequently replaced with a 56 km/ news reports that a consortium of includes sufficient tests to ensure that h (35 mph) test, using both 5th vehicle manufacturers and insurers is air bags are redesigned to meet the goals percentile adult female and 50th pressing the agency not to reinstate the mandated by TEA 21. percentile adult male dummies. 30 mph barrier crash test for unbelted Given the continued debate over what • Reduced number of tests. We have occupants.’’ These organizations argued requirements should be relied upon to significantly reduced the total number that the industry’s position is based on ensure protection to unbelted of proposed tests. In a number of the erroneous premise that protection of occupants, we also wanted to be sure situations, we have tentatively unbelted occupants in high-speed that we have considered and received concluded that a proposed test could be collisions causes the bags to be the benefit of public comments on the deleted because the performance we hazardous to small occupants in low- various alternative approaches reflecting sought to secure by means of that test speed collisions.11 They also argued that the views and information now would largely be assured by one or more abandonment of the unbelted 30 mph available to us. of the other tests. • unbelted test would obviate the very The most significant differences Reduced offset testing. The purpose of the present rulemaking, the between the NPRM and the SNPRM can proposed up-to-40 km/h (25 mph) offset development and introduction of be summarized as follows: crash test using belted 5th percentile advanced air bags, and result in the use • Two alternative unbelted tests. adult female dummies would be of generic ‘‘lowest common While we proposed one unbelted test in conducted only with the driver side of denominator’’ systems that can be the NPRM, an up-to-48 km/h (30 mph) the vehicle engaged, instead of both readily be fitted in any vehicle but rigid barrier test, we are proposing and with the driver side and with the which seriously compromise safety. The seeking comments on two alternative passenger side engaged. • Ensuring that certain static letter stated that it should not be unbelted tests in this SNPRM. The first suppression systems can detect real forgotten that air bags were originally alternative is an unbelted rigid barrier children and adults. For our proposed conceived to protect unbelted occupants test with a minimum speed of 29 km/ static test requirements for systems (e.g., in horrific frontal collisions, and that h (18 mph) and a maximum speed to be weight sensors) which suppress air bags this remains their principal efficacy to established within the range of 40 to 48 in the presence of infants and children, this day. km/h (25 to 30 mph). Within this alternative, the potential exists for a we are proposing a new option which III. SNPRM for Advanced Air Bags phase-in sequence in which the would permit manufacturers to certify to requirements referencing children, A. Introduction maximum speed would initially be set at 40 km/h (25 mph) to provide vehicle instead of 3-year-old and 6-year-old Our primary goals in this rulemaking manufacturers additional flexibility child dummies, in a stationary vehicle continue to be those set for us by TEA when they are introducing advanced air to test the suppression systems. (This 21, i.e., to improve occupant protection bags during the phase-in. Under this option would not apply to systems for occupants of different sizes, belted phase-in sequence, the final rule could designed to suppress the air bags only and unbelted, while minimizing the risk provide that a maximum speed of 48 when an infant is present.) Adult to infants, children, and other occupants km/h (30 mph) would apply after a human beings could also be used in the from injuries and deaths caused by air reasonable period of time. If we reduce place of 5th percentile adult female bags. Further, we are seeking to ensure the maximum speed to 40 km/h (25 dummies for the portions of those static that the needed improvements in mph) permanently, we might also test requirements which make sure that occupant protection are made in increase the maximum speed of the the air bag is activated for adults. Steps accordance with the statutory belted rigid barrier test from the current would be taken to ensure the safety of implementation schedule. After 48 km/h to 56 km/h (30 to 35 mph). The all subjects used for these tests. carefully reviewing the comments on • second alternative is an unbelted offset Reduced number of child restraints the NPRM and other available deformable barrier test with a minimum used for testing suppression systems. information, we have developed an speed of 35 km/h (22 mph) and a Instead of requiring manufacturers to SNPRM to accomplish these goals. maximum speed to be established assure compliance of a vehicle in tests In developing this SNPRM, we using any child restraint which was focused on picking the most appropriate within the range of 48 to 56 km/h (30 to 35 mph). The latter alternative was manufactured for sale in the United States any time during a specified 11 The letter argued that the safety record of many developed in response to a recommendation made by IIHS in its period prior to the manufacture of the well-designed air bag systems over a ten year period vehicle, we would require them to belies this premise. The letter stated that a variety comment on the NPRM.12 We are assure compliance using any child of design features allow for protection of unbelted proposing the 29 and 35 km/h (18 and occupants in severe crashes without imposing restraint on a relatively short list of 22 mph) lower ends of the ranges of test significant inflation risks in low-speed collisions, specific child restraint models. Those and cited vehicle structures with a longer crash pulse, variable inflation forces based on crash 12 IIHS’s views have changed since making that models would be chosen to be severity, higher thresholds (including ‘‘dual recommendation. Its current views are discussed representative of the array of available thresholds’’) and laterally-biased inflation. below. child restraints. The list would be VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.124 pfrm03 PsN: 05NOP3 60564 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules updated from time to time to reflect because no one test procedure may be time, since other options are available changes in the types of available child appropriate for a number of comparably for the range of effective technologies restraints. effective suppression technologies, we we understand to be under • Modified requirements for systems are proposing a provision that would development. that suppress the air bag for out-of- permit manufacturers or others to The existing tests that would be position occupants. We have petition the agency to establish retained as well as those proposed in significantly modified the proposed technology-specific test procedures this SNPRM are identified in Figures 1a, requirements for systems that suppress under an expedited rulemaking process. 1b and 2, below. Figures 1a and 1b show the air bag when an occupant is out of • No full scale dynamic out-of- the two alternative sets of test position during a crash. In the NPRM, position test requirements. We are we proposed a single test procedure for eliminating from this rulemaking the requirements to improve occupant all types of such suppression systems. proposed option for full scale dynamic protection for different size occupants, We were persuaded by the commenters out-of-position test requirements (the belted and unbelted, in moderate to that the proposed test procedure was option which included pre-impact high speed crashes. Figure 2 shows test not appropriate for some of the systems braking as part of the test procedure). requirements to minimize the risk to that are currently under development. We were persuaded by the commenters infants, children, and other occupants Because we did not have sufficient that the proposed test procedure is not from injuries and deaths caused by air information or prototype hardware to workable at this time. Moreover, we bags, especially in low speed crashes. develop a new test procedure, and believe this option is unnecessary at this BILLING CODE 4910±59±P VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.126 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60565 VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4725 E:\FR\FM\A05NO2.126 pfrm03 PsN: 05NOP3 60566 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4725 E:\FR\FM\A05NO2.126 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60567 BILLING CODE 4910±59±C VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.126 pfrm03 PsN: 05NOP3 60568 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules A discussion of the specific proposed adequately address soft and long with 5th percentile adult female test requirements follows. We will first duration crash pulses. dummies as well as 50th percentile discuss requirements to improve Our NPRM would have required as adult male dummies. In addition, we protection for different size occupants, many as a total of 14 crash tests to proposed added injury criteria for the belted and unbelted, and will then improve occupant protection. This chest and neck. discuss requirements to minimize risks number is based on counting each rigid We proposed to phase out the sled from air bags. We also discuss in detail barrier test specifying use of a particular test option as we phased in the the major differences from the NPRM. dummy as three tests, reflecting the requirements for advanced air bags. We assumption that, for typical vehicle and stated that while we believe the sled test B. Existing and Proposed Test air bag designs, there would be three option has been an expedient and useful Requirements worst case conditions: 48 km/h (30 temporary measure to ensure that the 1. Tests for Requirements To Improve mph) at -30 degrees, 48 km/h (30 mph) vehicle manufacturers could quickly Occupant Protection for Different Size at 0 degrees, and 48 km/h (30 mph) at redesign all of their air bags and to help Occupants, Belted and Unbelted +30 degrees.14 ensure that some protection would Our proposed requirements for continue to be provided by air bags, we a. September 1998 NPRM. improving occupant protection in did not consider sled testing to be an In the NPRM, we proposed test potentially fatal crashes differed from adequate long-term means of assessing requirements to improve occupant the existing Standard No. 208 in several the extent of occupant protection that a protection for different size occupants, important respects. vehicle and its air bag will afford belted and unbelted. The proposed First, vehicles would for the first time occupants in real world crashes. requirements included rigid barrier tests be required to be certified to crash test We noted that the sled test, first, does and offset deformable barrier tests. requirements using 5th percentile adult not address vehicle factors that can Under the proposed rigid barrier test female dummies, which would be significantly affect the level of requirements in the NPRM, vehicles seated in the full forward seat track protection provided in the real world would have been required to meet position. Historically, the standard has and, second, is not representative of a injury criteria performance limits, only specified the use of 50th percentile significant number of potentially fatal including ones for the head, neck, chest, adult male dummies seated further real world crashes. Each of these and femurs, measured on 50th back. limitations is significant. The first percentile adult male and 5th percentile Second, vehicles would be required means that sled test results may have adult female test dummies during rigid for the first time to meet neck injury limited relationship to real world barrier crash tests at any speed up to 48 criteria performance limits in a crash performance in many types and levels of km/h (30 mph) and over the range of test. Neck injuries are a particular severity of crash. The second means that vehicle-to-crash-barrier angles from -30 concern for persons sitting close to the sled test results may not be a good degrees to +30 degrees. Tests with 50th air bag. measure of air bag performance in the Third, vehicles would for the first percentile adult male dummies would kinds of crashes in which air bags are time be required to comply with injury be conducted with the vehicle seat in supposed to save lives. While we criteria limits in a 40 km/h (25 mph) the mid-track position; tests with 5th proposed to return to the up-to-48 km/ frontal offset deformable barrier test percentile adult female dummies would h (30 mph) unbelted rigid barrier test with belted 5th percentile adult female be conducted with the vehicle seats in requirement, we requested comments on dummies. The only frontal crash tests possible alternative unbelted crash test the full forward position.13 Vehicles previously specified by the standard requirements. were to meet the injury criteria with were rigid barrier tests. b. Comments on 1998 NPRM. belted and unbelted dummies. The Fourth, we proposed to phase out the Our proposal to reinstate the up-to-48 purpose of the rigid barrier tests was to unbelted sled test option and return to km/h (30 mph) unbelted rigid barrier help ensure that vehicles protect the up-to-48 km/h (30 mph) unbelted test requirement was by far the most different size occupants, belted and rigid barrier test requirement.15 extensively debated issue of this unbelted, from risk of serious or fatal However, it would be more than simply rulemaking. As noted earlier, injury in moderate to high speed returning to the previous test commenters had sharply different views crashes. requirement, since the unbelted rigid on this aspect of the NPRM. In their Under the proposed offset deformable barrier test would now be conducted initial comments, motor vehicle barrier test requirements, vehicles manufacturers and their trade would have been required to meet 14 The count of 14 tests reflects four rigid barrier associations strongly opposed returning injury criteria performance limits during tests (belted 50th percentile adult male dummy, to the up-to-48 km/h (30 mph) unbelted an up-to-40 km/h (25 mph) frontal offset unbelted 50th percentile adult male dummy, belted rigid barrier test and urged that the sled 5th percentile adult female dummy, and unbelted deformable barrier test, using belted 5th 5th percentile adult female dummy), each of which test option remain in effect percentile adult female dummies. The are counted as three tests. Thus, the rigid barrier permanently. They argued that frontal offset test would have been tests account for 12 of the 14 tests. The other two reinstating the up-to-48 km/h (30 mph) conducted with either the driver side of tests were the offset test with the driver side of the unbelted rigid barrier test would vehicle engaged with the barrier, and the offset test the vehicle or the passenger side of the with the passenger side of the vehicle engaged with prevent continued use of ‘‘depowered’’ vehicle engaged with the barrier. The the barrier. air bags and require a return to ‘‘overly purpose of this test was to help ensure 15 We explained in the NPRM that we added the aggressive’’ air bags and that the test is that vehicle manufacturers design their sled test to Standard No. 208 in March 1997 as a not representative of typical real world crash sensing and software systems to temporary option to simplify and expedite the testing and certification of redesigned air bags that crashes. They argued that the sled test inflate less aggressively. We did so because the lead includes a crash pulse that is more 13 More specifically, the seat would be placed in time needed for the relatively straightforward representative of typical real world the full forward position if the 5th percentile adult redesign measures contemplated by the crashes. female dummy can be placed in the seat when it manufacturers for MY 1998 vehicles, including the is in that position. Otherwise, the seat is moved reduction of inflator power, was significantly On August 31, 1999, however, vehicle back to the closest position to full forward that will shorter than the lead time for the technological manufacturers and their trade allow the dummy to be placed in the seat. solutions that are the subject of this rulemaking. associations presented to the agency a VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.127 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60569 consensus recommendation for an bag systems might not be able to Manufacturers (AIAM) stated that a test unbelted crash test. The industry distinguish between the offset test and with the driver’s side engaged would recommended an unbelted rigid barrier a low speed crash during the time the more likely produce worst case driver crash test at 40 km/h (25 mph) using decision whether to deploy the air bag out-of-position locations and possible both 50th percentile adult male must be made. If this were the case, an driver-side intrusion, and that a dummies and 5th percentile adult air bag system that was designed to meet passenger side offset test would be female dummies. The test would be an unbelted 56 km/h (35 mph) offset redundant. Another suggestion made by conducted in the perpendicular mode deformable barrier crash test by means some vehicle manufacturers was to only, i.e., there would be no unbelted of a high-energy air bag deployment conduct the test only at 40 km/h (25 oblique tests. Industry representatives might inappropriately provide the same mph), rather than at speeds up to 40 argued that oblique tests are not needed kind of deployment in a low speed km/h (25 mph). to ensure wide air bags as vehicle crash, thereby posing unnecessary risks General Motors (GM) stated that it manufacturers will provide them in to out-of-position occupants. agreed with the addition of the offset light of other considerations, e.g., The Automotive Occupant Restraints deformable barrier test only if the general safety considerations, the 48 Council (AORC), representing unbelted sled test option remained in km/h (30 mph) belted rigid barrier crash manufacturers of air bags and seat belts, effect. GM stated that the offset testing, and IIHS and European high stated that while it believes the current deformable barrier test augments the speed belted offset deformable barrier sled test option serves a useful purpose, sled test by addressing the crash sensing testing. a sled test cannot provide a complete aspects of performance. In its comments on the NPRM, IIHS assessment of the crash protection DaimlerChrysler argued that the also opposed returning to the up-to-48 provided by a vehicle/restraint system. addition of a 40 km/h (25 mph) belted km/h (30 mph) unbelted rigid barrier That organization stated it believes that offset deformable barrier test for the 5th test, for reasons similar to those cited by to fully assess crash protection for percentile adult female is unnecessary the vehicle manufacturers. However, belted and unbelted occupants, barrier in light of future ‘‘depowered’’ and/or that organization suggested that if we crash tests of complete vehicles should advanced air bags. That commenter wish to phase out the sled test, we be included in the test requirements of stated that injury risks to small should consider replacing it with the 56 Standard No. 208. AORC noted that occupants sitting near the driver air bag km/h (35 mph) European offset crash complete vehicle barrier tests permit the are adequately assessed using the into a deformable barrier, using evaluation of the vehicle’s structure and proposed out-of-position, low-risk unbelted dummies, instead of the rigid its contribution to occupant protection. deployment tests, which it endorses. barrier test. IIHS stated that this AORC recommended that additional c. SNPRM. configuration would address not only analysis be conducted concerning what We believe that the comments on the protection in asymmetric crashes, but barrier and test conditions should be proposed test requirements to improve also some issues of intrusion that are included in Standard No. 208. occupant protection for different size related to restraint system performance, A number of commenters, including occupants, belted and unbelted, raise e.g., steering column movement. IIHS several public interest groups, argued two primary questions: also stated that adoption of this test that the up-to-48 km/h (30 mph) (1) What type and severity level of an would be in the direction of unbelted rigid barrier test is unbelted crash test should be included harmonizing European and U.S. test representative of a significant portion of in Standard No. 208? procedures, the only difference being real world crashes, and that (2) Are some of the tests proposed in using unbelted versus belted dummies. improvements in vehicle and air bag the NPRM redundant, given the other On September 14, 1999, however, designs will enable manufacturers to proposed tests? IIHS advised us that it now believes that meet the test without safety tradeoffs. In the sections which follow, we will an unbelted 56 km/h (35 mph) offset As to the proposed belted tests, some address what unbelted test requirements deformable barrier crash test would be vehicle manufacturers argued in their are needed to address the protection of inappropriate. That organization is comments on the NPRM that a belted unbelted teenagers and adults, and what concerned that including this test in rigid barrier test using 5th percentile overall set of requirements is needed to Standard No. 208 might lead to an adult female dummies would be improve protection for different size increase in unintended high-energy air redundant. They argued that the occupants, belted and unbelted. bag deployments, posing risks to out-of- combination of other tests using 5th position occupants, because of percentile adult female dummies plus (i) Requirements for Tests With uncertainties in the sensing and the existing rigid barrier test using Unbelted Dummies algorithm capabilities in making proper belted 50th percentile adult male As we address the issue of what deployment decisions. This potential dummies would address the same area unbelted requirements should be problem is related to the nature of this of safety. included in Standard No. 208 to address crash test. During the initial phase of the Commenters’ views on the proposed the protection of unbelted teenagers and test, i.e., during the crushing of the up-to-40 km/h (25 mph) belted offset adults, we believe the ultimate question deformable barrier face, vehicles deformable barrier test were mixed, but for regulators, industry and the public is experience a long duration, low mostly supportive. Many commenters, how the required safety features work in magnitude acceleration. The crash pulse including several safety advocacy the real world. We will consider that in this phase of the test resembles that groups and a number of vehicle question as we separately address two of a low speed crash. After the vehicle manufacturers, supported the addition issues: (1) sled testing versus crash crushes the barrier face and reaches the of an offset deformable barrier test. testing, and (2) alternative unbelted underlying rigid portion, the remaining As noted earlier, some vehicle crash tests (e.g., rigid barrier crash tests, phase of the test is similar to a rigid manufacturers requested that the test be offset deformable tests, etc.) at various barrier test. IIHS is concerned that conducted only with the driver’s side severity levels. because the initial phase of the test engaged, instead of with either side Crash testing vs. sled testing. In a full- results in a crash pulse similar to that engaged as proposed in the NPRM. The scale crash test, instrumented test experienced in a low speed crash, air Association of International Automobile dummies are placed in a production VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.128 pfrm03 PsN: 05NOP3 60570 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules vehicle, and the vehicle is actually occupant may already have struck the intrusion, the vehicle will actually provide crashed. Measurements from the test interior of the vehicle before deployment poor protection in a real world crash. dummies are used to determine the begins. Fourth, the sled test does not measure how forces, and injury potential, human Air bag timing is affected by parts of the a vehicle performs in angled crashes. It only air bag system which are not tested during a tests vehicles in a perpendicular crash. In the beings would have experienced in the sled test, i.e., the crash sensors and computer real world, frontal crashes occur at varying crash. crash algorithm. A barrier crash test evaluates angles, resulting in occupants moving toward Many different types of crash tests can the ability of sensors to detect a crash and the the steering wheel and instrument panel in be conducted, and the various types of ability of an algorithm to predict, on the basis a variety of trajectories. The specification of crash tests can be conducted at different of initial sensing of the rate of increase in angled tests in conjunction with the barrier levels of severity. Commonly conducted force levels, whether crash forces will reach test requirement ensures that a vehicle is crash tests include: (1) rigid barrier levels high enough to warrant deployment. tested under these real world conditions. 63 tests, in which a vehicle is crashed However, the sled test does not evaluate FR 49971. head-on (perpendicular) or at an angle these critical factors. The ability of an Commenters supporting retention of into a rigid barrier, (2) offset deformable algorithm to correctly, and quickly, predict the sled test did not dispute the serious crashes is critical. The signal for an barrier tests, in which a vehicle is air bag to deploy must come very early in a inherent limitations of sled tests as crashed into a barrier with a deformable crash, when the crash forces are just compared to crash tests. face, with only a portion of the front of beginning to be sensed by the air bag system. AAMA argued that the single best the vehicle (e.g., 40 percent) engaging A delay in an air bag’s deployment could argument for retaining the existing sled the barrier, and (3) moving deformable mean that the air bag deploys too late to test is that ‘‘it’s working;’’ AAMA barrier tests, in which a moving provide any protection. In a sled test, the air contended that ‘‘depowered’’ air bags in deformable barrier designed to be bag is artificially deployed at a vehicles certified according to the sled representative of particular vehicles is predetermined time. The time of deployment test are saving the lives of occupants of crashed into the test vehicle. Vehicle-to- in a sled test is artificial and may differ all sizes, while reducing the harm to significantly from the time when the air bag children and other out-of-position vehicle crash tests, in which one vehicle would deploy during an actual crash is crashed into another vehicle, are involving the same vehicle. occupants. sometimes used in research or product Second, the current generic sled pulse does It is not clear, however, that the sled development. not replicate the actual crash pulse of a test is responsible for any of the benefits In a sled test, no crash takes place. particular vehicle model, i.e., the specific of redesigned air bags other than to the The vehicle is essentially undamaged. manner in which the front of the vehicle extent it made it easier for vehicle The vehicle is placed on a sled-on-rails, deforms during a crash, thereby absorbing manufacturers to redesign and certify and instrumented test dummies are energy. The actual crash pulse of a vehicle their existing air bags more quickly. placed in the vehicle. The sled is is a critical factor in occupant protection. A As noted earlier, limited available accelerated very rapidly backwards crash pulse affects the timing of air bag data appear to indicate that redesigned deployment and the ability of an air bag to (relative to the direction that the air bags have reduced the risks from air cushion and protect an occupant. However, bags for the at-risk populations. occupants would be facing), so that the the current sled test does not use the crash occupant compartment experiences the pulse of the vehicle being tested. In many However, it is not possible at this time same motion as might be experienced in cases, the crash pulse used in the sled test to draw statistically significant a crash. The air bags are manually is not even one approximately representative conclusions about this. There is a deployed at a pre-selected time during of the test vehicle. The sled test uses the greater amount of data on the overall the sled test. Measurements from the crash pulse of a large passenger car for all benefits of air bags. These data indicate test dummies are used to determine the vehicles, regardless of their type or size. This that there is essentially the same or forces, and injury potential, human crash pulse is appropriate for large passenger slightly better protection provided by cars, but not for light trucks and smaller cars the redesigned air bags compared to beings would have experienced during since they typically have much ‘‘stiffer’’ the test. earlier air bags. crash pulses than that of the sled test. In the Regardless of how well vehicles with In the NPRM, we explained that the real world, deceleration of light trucks and agency has long specified full scale smaller cars, and their occupants, occurs redesigned air bags are currently vehicle crash tests using instrumented more quickly than is simulated by the sled performing, however, the sled test itself dummies, in a variety of our standards, test. Thus, the sled test results may overstate cannot guarantee that future air bags because it is only through such tests that the level of occupant protection that would would perform nearly so well. These the protection provided by the vehicle be provided by a vehicle and its air bag vehicles and their air bags were initially occupant protection system can be fully system in the real world. An air bag that can designed to the unbelted barrier test, measured. open in a timely fashion and provide and their current air bags represent adequate cushioning in a soft pulse crash In the NPRM, we cited several quick, partial redesigns of those air bags. may not be able to do so in a stiffer pulse Thus, their performance is still highly significant limitations of the current crash. This is because an occupant of a sled test, some of which are inherent to crashing vehicle moves forward, relative to reflective of the unbelted test. any sled test. We explained: the vehicle, more quickly in a stiffer pulse While the sled test has made it easier for manufacturers to redesign and Unlike a full scale vehicle crash test, a sled crash than in a softer pulse crash. test does not, and cannot, measure the actual Third, a sled test does not measure the certify their vehicles more quickly, protection an occupant will receive in a potential for harm from vehicle components manufacturers could and did depower crash. The current sled test measures limited that are pushed back into the occupant air bags under Standard No. 208’s performance attributes of the air bag, but compartment during a crash. Examples of unbelted barrier test. As discussed cannot measure the performance provided by components that may intrude into the below, available data suggest that most the vehicle structure in combination with the occupant compartment include the steering vehicles, while certified to the sled test, wheel, an A-pillar and the toe-board. Since air bags or even the full air bag system by continue to meet the unbelted barrier itself. a sled test does not involve any kind of crash Among other shortcomings, the sled test or deformation of the vehicle, it implicitly test requirements (including the new does not evaluate the actual timing of air bag assumes that such intrusion does not occur neck injury criteria) with the 50th deployment. Deployment timing is a critical in crashes. Thus, the sled test may indicate percentile adult male dummies. component of the safety afforded by an air that a vehicle provides good protection Our goal in this rulemaking is to bag. If the air bag deploys too late, the when, as a result of steering wheel or other determine what requirements to protect VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.129 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60571 unbelted and other occupants should do not provide as full or accurate a must focus on seeking to represent the apply to vehicles in the future. AAMA’s measure of the occupant protection that kind of typical crashes that are argument that the sled test is working a vehicle will provide in the real world. potentially fatal, rather than typical does not take into account all of the Given the importance of unbelted crashes as a whole. kinds of less protective vehicles and air protection, we believe it is necessary to When we issued the NPRM, we bags that would be permitted by the sled provide the public with assurance that released a paper titled ‘‘Review of test, given its mildness, and which the minimum level of performance for Potential Test Procedures for FMVSS might be produced if the sled test were each vehicle will be required to be No. 208.’’ The paper provided a detailed allowed to remain in effect on a long- meaningful, based on careful scientific technical analysis of the various term basis. and engineering analysis. While we alternative crash tests. To accompany The sled test is unable to offer any have carefully considered all of the this SNPRM, we are releasing an assurance that current vehicles and air comments concerning the sled test, we updated version of that paper, which bags are representative of what continue to believe that sled testing is has been revised in light of comments manufacturers would offer in the long an inadequate long-term means for and other new information. The paper run if the sled test were available as a ensuring that current levels of unbelted shows that, among the currently permanent option. Nothing in the occupant protection are improved. This available alternative crash tests, the standard would inhibit manufacturers is based on the above-noted inherent rigid barrier test (perpendicular and up from making their air bags significantly limitations of sled tests, as compared to to ±30 degrees oblique to perpendicular) smaller in both depth and width, and crash tests, in evaluating occupant represents the greatest number of real thus less protective in high speed protection. Whether one looks at IIHS world crashes involving serious to fatal crashes. In particular, narrower air bags with its offset crash test program, injuries. The only alternative crash test could provide less protection in crashes Europe with its offset NCAP program, or that would represent a greater number involving oblique angles. The sled test our experience with our NCAP, of such crashes would be one involving also might permit ‘‘face bags’’ which do Standard No. 208 and Standard No. 214, a moving deformable barrier, which is not provide chest protection or restraint it is widely acknowledged that crash still undergoing research. for portions of the lower torso. In tests, set at appropriate severity levels, In the NPRM, we noted that while the addition, the absence of an unbelted provide the best means of evaluating the perpendicular rigid barrier test results full-vehicle test at an appropriate protection that occupants will receive in in crash pulses of short duration, e.g., severity level would permit vehicles to real world crashes. the kind of pulse that a vehicle For this SNPRM, we urge commenters be designed with stiffer, less energy- experiences when it fully engages to focus on what specific unbelted absorbing front ends, e.g., to provide another similar-sized or larger vehicle more interior passenger or cargo- complete vehicle crash tests are the directly head-on or strikes a bridge carrying space at the expense of frontal most appropriate. abutment, the oblique rigid barrier tests ‘‘crush’’ space. Alternative unbelted crash tests. As Moreover, unless balanced by an we noted above, many different types of result in crash pulses of longer duration, effective unbelted crash test crash tests can be conducted, and the i.e., a ‘‘softer’’ crash pulse, which may requirement, the proposed new various types of crash tests can be occur when vehicles strike each other at requirements to minimize air bag risks conducted at different levels of severity various angles. to out-of-position occupants have the and orientation. Commonly conducted We also noted that vehicles and air potential to create an incentive for crash tests include: (1) fixed rigid bags designed to comply with the manufacturers to make their current air barrier tests, (2) fixed offset deformable unbelted rigid barrier test have been bags smaller and less protective. An barrier tests and (3) moving deformable effective in saving lives. At the time of inexpensive and relatively easy way to barrier tests. the NPRM, we estimated that air bags reduce risks from the air bag to out-of- If government or anyone else wants to had saved the lives of about 3,148 position occupants is to further depower determine whether a vehicle provides drivers and passengers. Of these, 2,267 air bags and make them smaller. an appropriate degree of occupant were unbelted. The rest, 881, were However, if air bags are depowered too protection in a potentially fatal or belted. If these levels of effectiveness are much or made too small, they will not serious injury producing crash, the maintained (i.e., 21 percent in frontal provide meaningful protection in high crash test must have the severity crashes for restrained occupants and 34 speed crashes. representative of those crashes. The fact percent in frontal crashes for Our basic obligation is to issue that a test might indicate that an unrestrained occupants), air bags will Federal motor vehicle safety standards occupant would not be injured or killed save more than 3,000 lives each year in that establish a minimum level of in a relatively mild crash says nothing passenger cars and light trucks when all performance that protects the public about whether the occupant would light vehicles on the road are equipped against unreasonable risk of crashes likely be killed in a more serious crash. with dual air bags. occurring because of the design, That is why it is important to Commenters opposing the 48 km/h construction, or performance of a motor distinguish between the universe of all (30 mph) unbelted barrier test raised vehicle, and against unreasonable risk of typical real world crashes and those two primary issues. First, they argued death or injury in a crash. In this typical real world crashes serious that the test is not representative of particular rulemaking, we are facing an enough to pose a significant risk of typical crashes. Second, they argued array of safety problems, and TEA 21 as serious or fatal injury. While one could that returning to this test would prevent well as our pre-existing statutory argue that the most ‘‘typical’’ crash is continued use of ‘‘depowered’’ air bags authority, require that we address each probably a fender bender resulting in and would require a return to ‘‘overly of them. little or no personal injury, basing aggressive’’ air bags. The most reliable way to determine Standard No. 208 on such a test would We note that, in arguing that the 48 how vehicles will perform in real world not result in any savings in lives or km/h (30 mph) unbelted barrier test is crashes is to crash them. That is why we reductions in serious injuries. Of course, not representative of typical crashes, the believe that a crash test is needed. Sled there are many issues to consider in commenters did not define what they tests are useful research tools, but they selecting a specific crash test, but we meant by ‘‘typical crashes.’’ Given that VerDate 29-OCT-99 17:04 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP3.XXX pfrm01 PsN: 05NOP3 60572 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules the purpose of Standard No. 208 is under TEA 21 to improve occupant the cumulative distribution of injuries primarily to reduce serious-to-fatal protection for occupants of different and fatalities in frontal crashes by delta injuries, we believe that question is sizes, belted and unbelted, it is V,16 for all occupants, belted occupants, whether that test is representative of the necessary for Standard No. 208 to and unbelted occupants: crashes that produce those injuries. address these crashes. In addition, by More than 18,000 drivers and right front requiring vehicles to provide protection BILLING CODE 4910±59±P passengers are killed each year in over a range of crash severities, e.g., in frontal impacts, and more than 290,000 tests at speeds ‘‘up to’’ a given velocity, drivers and right front passengers we also address protection for lower experience moderate to critical non-fatal severity crashes. The upper level 16 As used here, ‘‘delta V’’ refers to the crash- injuries. These numbers would be severity must, however, be sufficient to induced change in velocity of a vehicle in a crash. When looking at the severity of a crash and its significantly higher without effective air ensure that manufacturers provide life- influence on air bag design, delta V is not the only bags. saving occupant protection in higher important factor. Another important factor is the In order to promulgate safety speed crashes. time to reach that delta V. The time is important standards that protect the public against The following figures, derived from because it affects the speed at which the occupant unreasonable risk of death or injury in National Automotive Sampling System strikes the interior of the vehicle, i.e., for a given a crash, and to fulfill our specific duty (NASS) data for years 1993–1997, show delta V crash, the shorter the time duration, the higher the occupant impact speed. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.132 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60573 VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4725 E:\FR\FM\A05NO2.132 pfrm03 PsN: 05NOP3 60574 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4725 E:\FR\FM\A05NO2.132 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60575 BILLING CODE 4910±59±C occupants occur in frontal crashes at In the NPRM, we noted that, based on The figures show the cumulative delta V’s below 48 km/h (30 mph). We very limited data, it appeared that distribution of injuries by delta V for note that the delta V in NASS represents many, perhaps most, vehicles with fatalities, for MAIS 3+ injuries, and for the speed at which the vehicle would redesigned air bags continue to meet the MAIS 2+ injuries. MAIS 3+ injuries are strike a rigid barrier to duplicate the historical 48 km/h (30 mph) rigid barrier those which are classified as serious or amount of energy absorbed in the crash. requirements of Standard No. 208 (using greater injury, while MAIS 2+ are those Thus, about half of fatalities in frontal 50th percentile adult male dummies and which are classified as moderate or crashes occur in crashes that are more applying the current injury criteria greater.17 severe than a 48 km/h (30 mph) rigid performance limits) by fairly wide We can see several things by barrier crash, and half of all frontal margins. At that time, we had tested five examining the figures. About 50 percent crash fatalities occur in crashes that are vehicles with redesigned driver air bags of fatalities in frontal crashes occur at less severe than a 48 km/h (30 mph) in unbelted 48 km/h (30 mph) rigid delta V’s below 48 km/h (30 mph), and rigid barrier crash. Given that Standard about 50 percent occur at delta V’s No. 208’s unbelted crash test air bag has more or less than some specific pressure above 48 km/h (30 mph). Looking requirements are intended to save lives, rise rate or overall peak pressure of the air bag separately at unbelted and belted inflator. Thus, there is no way of examining or we disagree that 48 km/h (30 mph) rigid testing an air bag to determine whether it is occupants, 51 percent of the fatalities barrier crashes are unrepresentative of ‘‘depowered.’’ involving unbelted occupants and 47 the kinds of crashes in which we are Further, not all pre-depowered air bags had the percent of the fatalities involving belted seeking to ensure protection. same level of power. Indeed, there was a wide variation in the level of power of pre-depowered air As to the argument that returning to bags. Likewise, there is variation in the level of 17 The AIS or Abbreviated Injury Scale, first the unbelted 48 km/h (30 mph) rigid power of depowered air bags. In addition, Parents developed by the Association for the Advancement barrier test would prevent continued for Safer Air Bags (Parents) noted that many of of Automotive Medicine in 1971, is a consensus- use of ‘‘depowered’’ air bags and require today’s vehicles incorporate a whole array of air bag derived, anatomically based system that ranks design improvements, making it difficult to individual injuries by body region on a scale of 1 use of ‘‘overly aggressive’’ air bags, the attribute the apparent decrease in air bag fatalities to 6 as follows: 1=minor, 2=moderate, 3=serious, agency will have to consider the and injuries to any particular feature or 4=severe, 5=critical, and 6=maximum/currently information available to it in making a combination of features. untreatable. The AIS is intended as a measure of the final decision.18 Accordingly, in this document, we generally use severity of the injury itself and not as a measure of the term ‘‘redesigned’’ in referring to air bags that impairments or disabilities that may result from the have been changed in various ways since MY 1997, injury. It does not assess the combined effects of 18 It is difficult to respond to the industry including, in many cases, a reduction in the multiple injuries to a patient. The AIS was revised argument that the 48 km/h (30 mph) barrier test pressure rise rate and/or overall peak pressure of and updated several times, with the most recent would prevent continued use of ‘‘depowered’’ air the air bag inflator. These air bags have not been revision in 1990. MAIS represents the maximum bags because ‘‘depowered’’ is an amorphous, depowered as much as the sled test permits. injury severity (expressed in terms of AIS) of any relative concept, not an absolute one. The term Further, most of the redesigned air bags tested by injury received by a person, regardless of the nature simply means ‘‘less power than before.’’ Saying that the agency meet the unbelted 48 km/h (30 mph) or location of the injury. an air bag is depowered is not a statement that the barrier test. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.132 pfrm03 PsN: 05NOP3 60576 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules barrier tests, and all passed Standard proposing in this SNPRM. In the one current vehicles were not No. 208’s previous injury criteria by vehicle with a failure, the MY 1999 comprehensively redesigned, but are significant margins. We had tested six Acura RL, the driver dummy exceeded merely older designs of air bags with vehicles with redesigned passenger air the femur load criteria. For the less power. TEA 21 mandates the bags in unbelted 48 km/h (30 mph) rigid passenger position, 12 of the 13 vehicles issuance of a final rule based on means barrier tests, and all but one passed the also passed all of the relevant injury that include advanced air bag standard’s injury criteria performance criteria performance limits. The MY technologies. We believe the selection of limits by significant margins. 1998 Dodge Neon slightly exceeded the future compliance tests under TEA 21 Some vehicle manufacturers objected 60 g chest acceleration limit (with a must be made in the context of those to our analysis in this area. They argued value of 61.4 g). The other proposed technologies, and not in the context of that, given the variability associated injury criteria performance limits, (i.e., today’s less sophisticated one-size-fits- with testing different vehicles of the for HIC, chest deflection, and Nij) were all air bag designs. Today’s air bag same design, the fact that a particular easily met in all the tests; for most there systems are not advanced air bags and vehicle had passed a single test would was a greater than 20 percent margin of thus do not respond to factors such as not necessarily allow them to certify compliance for both the driver and crash severity, occupant weight and that model vehicle as complying with passenger. occupant location. By contrast, the Standard No. 208 because there would Thus, the tested vehicles with incorporation of advanced technologies not be a sufficient margin of compliance redesigned air bags, ranging widely in would make air bag systems responsive to ensure that all vehicles of that model vehicle type and size, appear to to those factors. If a manufacturer would pass the test. Some continue to meet Standard No. 208’s 48 decided to use a somewhat more manufacturers indicated that they need km/h (30 mph) unbelted rigid barrier powerful air bag to meet a 48 km/h (30 a 20 percent margin of compliance in test requirements for 50th percentile mph) unbelted rigid barrier test, or to order to so certify. Vehicle adult male dummies, many of them by provide protection in more severe manufacturers also stated that they need wide margins. crashes, the manufacturer could use to ensure that all variations and As to any vehicles that do not meet advanced air bag technologies to configurations of a model would pass that test, at this point we simply note provide less powerful levels of inflation the test and that, in some cases, we that TEA 21 affords lead time before all in lower severity crashes, for smaller tested a configuration which would vehicles must meet whatever tests are occupants, for belted occupants, and for result in lower injury criteria readings incorporated in the final rule to be occupants sitting with the seat in the than other variations and issued in this rulemaking. full-forward position. Manufacturers As to the issue of margin of configurations. could also reduce aggressivity of air compliance, we agree that We continue to believe that a key way bags by various means such as manufacturers need to ensure that all of of assessing the validity of the argument optimizing fold patterns, different cover their vehicles meet a test requirement that a return to the 48 km/h (30 mph) designs, lighter fabrics, etc. Advanced established by a Federal safety standard. barrier test would—at least in the technologies would also enable the absence of additional technological However, we do not agree that this means a 20 percent margin of manufacturer to suppress air bag improvements—prevent continued use deployment in appropriate of redesigned air bags is to test vehicles compliance is necessary. The chest g value is the injury criterion that is most circumstances, such as when children with those air bags in 48 km/h (30 mph) are present. barrier tests and see how they perform. likely to be the limiting factor in Therefore, since issuing our NPRM, we certifying to the 48 km/h (30 mph) As we assess the type and severity have conducted more barrier tests of unbelted rigid barrier test requirements level of an unbelted crash test should be vehicles with redesigned air bags. for the 50th percentile adult male included in Standard No. 208, we We have now tested a total of 13 MY dummy. Examination of compliance recognize that we must bear in mind 1998–99 vehicles with redesigned air and certification data for pre-redesigned that the issue of the suitability of a bags in a perpendicular rigid barrier air bags shows that manufacturers often unbelted 48 km/h (30 mph) rigid barrier crash test at 48 km/h (30 mph) with certified vehicles to the requirement test cannot be determined solely based unbelted 50th percentile adult male with much less than a 20 percent on whether manufacturers can meet that driver and passenger dummies. The margin of compliance. In fact, margins test with redesigned air bags using 50th vehicles represented a wide range of of compliance for our 48 km/h (30 mph) percentile male dummies. In the NPRM, vehicle types and sizes. In particular, tests of vehicles with redesigned air we proposed not only to return to that the 13 vehicles included one sub- bags were not that different from those test requirement, but also to require compact car, one compact car, four mid- with pre-redesigned air bags. vehicles to be certified to several new size cars (representing high sales We are not suggesting that every crash test requirements and new injury volume vehicles), one full-size car, two current production vehicle would criteria performance limits, including mid-size sport utility vehicles, one full- comply with the unbelted 48 km/h (30 tests using 5th percentile adult female size sport utility vehicle, one pickup mph) rigid barrier test. Instead, we are dummies in the full forward seat track truck, one minivan, and one full-size pointing out that a wide ranging sample position, and to requirements to van.19 of vehicle types and sizes meet the 48 minimize air bag risks. Vehicle For the driver position, 12 of the 13 km/h (30 mph) rigid barrier test, for manufacturers commented that some of vehicles passed all the relevant injury 50th percentile adult male dummies, the design options that are available in criteria performance limits we are with redesigned air bags. redesigning their air bags involve However, the ultimate issue of this potential trade-offs in meeting the 19 The specific vehicles and their classes rulemaking is not whether some MY different proposed requirements. For included a Saturn (sub-compact car), a Neon 1998–99 vehicles with redesigned, example, the optimum size air bag for (compact car), an Intrepid, Camry, Taurus, and single-inflation level air bags currently meeting test requirements for 50th Accord (mid-size cars), an Acura RL (full-size car), an Explorer and Cherokee (mid-size SUV’s), an would not meet the 48 km/h (30 mph) percentile adult dummies may make it Expedition (large SUV), a Tacoma (pickup truck), a unbelted barrier test requirement. As more difficult to meet requirements for Voyager (minivan), and an Econoline (full-size van). noted above, many of the air bags in 5th percentile adult female dummies, VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.133 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60577 and vice versa. This issue, and the In its recent consensus statement, the applying different injury criteria limits agency’s testing of current vehicles to a Alliance has suggested a single speed at higher speeds. For example, in our variety of the proposed test test (perpendicular impact only) of 40 rulemaking to facilitate quick redesign requirements, are discussed later in this km/h (25 mph). of air bags, in lieu of the sled test, we notice. A second possible approach is an identified the possibility of maintaining Proposed alternative unbelted crash unbelted fixed offset deformable barrier the 48 km/h (30 mph) unbelted rigid tests. In the NPRM, we indicated that test, along the lines suggested by IIHS in barrier test, but relaxing the limit on while we believe the 48 km/h (30 mph) its comment on the September 1998 chest g’s. We also note the possibility of unbelted rigid barrier test is a good NPRM. While, as discussed above, that specifying relaxed injury criteria approach, we were also willing to organization has recently identified performance limits or lower maximum consider alternative unbelted crash some concerns about that test, we test speeds that would apply during the tests. The only alternative unbelted believe an unbelted offset deformable TEA 21 phase-in period and more crash test advocated by a commenter barrier test represents a sufficiently stringent ones that would apply that could realistically be implemented interesting alternative approach to thereafter. within the time frame of this rulemaking warrant seeking public comment. As to For all of the unbelted crash tests is the unbelted 56 km/h (35 mph) offset the concern that IIHS recently identified proposed in this document, protection deformable barrier test suggested by about air bag systems possibly having would be required in crashes ranging IIHS. As noted earlier, IIHS stated that difficulty distinguishing between the from a specified minimum speed to a this configuration would address not offset test and a low speed crash during specified highest speed, rather than at only protection in asymmetric crashes the time the decision whether to deploy all speeds ‘‘up to’’ that specified highest but also some issues of intrusion that the air bag must be made, we note that speed. are related to restraint system it may be possible to address this Under the unbelted rigid barrier test performance, e.g., steering column potential problem by using advanced alternative, the agency would not test at movement. sensing systems. That is one of the a speed of less than 29 km/h (18 mph), Given the continued debate over what issues for which we would like to and under the unbelted offset receive public comments. By requesting requirements should apply to ensure deformable barrier test alternative, the public comments, we will obtain protection to unbelted occupants, we agency would not test at a speed of less additional data and views to better want to be sure that we have considered than 35 km/h (22 mph). (We are enable us to make a thorough evaluation and received the benefit of public proposing a higher minimum test speed of the merits of including such a test in comments on the various alternative for the latter alternative because, for a Standard No. 208. approaches that are available at this given speed, it is a less severe test.) This time. One approach, of course, is the For this SNPRM, we are proposing and seeking comments on two is a departure from the proposal in the one we proposed in the NPRM, the NPRM and from prior agency practice. unbelted rigid barrier test. We note that alternative unbelted tests. The first alternative is the unbelted rigid barrier One reason for this change is that we some have suggested that, instead of ± want to be sure that the standard does conducting this test at speeds up to 48 test (perpendicular and up to 30 degrees oblique to perpendicular with not push deployment thresholds km/h (30 mph), we reduce the downward, i.e., cause air bags to be maximum speed. Ford, for example, 50th percentile adult male dummies, but perpendicular only in tests with 5th deployed at lower speeds than are suggested in 1995 that we adopt an appropriate for maximum occupant upper speed of 40 km/h (25 mph). It percentile adult female dummies) with a maximum speed to be established protection. Commenters indicated that, coupled this suggestion with the further in order to meet neck injury criteria, air suggestion that the speed of the belted within the range of 40 to 48 km/h (25 to 30 mph). As part of this alternative, bag deployments might be required at test be increased to 56 km/h (35 mph).20 we are considering the possibility of very low speeds, even in crashes with coupling a lower speed for the unbelted a delta-V lower than 10 mph, 20 The agency examined Ford’s recommendation particularly with the 5th percentile in a status report titled ‘‘On the Issue of Testing Air- barrier test with a higher speed for the Bag Equipped Vehicles with and without Belt belted barrier test. The second adult female dummy in the full forward Restraints at Different Speeds,’’ November 2, 1995. alternative is an unbelted offset position. While the issue of the most Originally docketed in the docket (No. 74–14; deformable barrier test with a maximum appropriate threshold for air bag Notice 97–001) for a request for comments deployment is complex, we believe published by the agency November 9, 1995 (60 FR speed to be established within the range 56554); more recently docketed in NHTSA–96– of 48 to 56 km/h (30 to 35 mph). A there is a consensus that ‘‘no fire’’ 1772–002. In the 1995 request for comments, the vehicle would have to meet the thresholds should not be any lower than agency said: requirements both in tests with the they are at present. Moreover, neck While NHTSA anticipates that these smart bag injuries are not a significant problem in systems will substantially minimize adverse side driver side of the vehicle engaged with effects of air bags in the not too distant future, this the barrier and in tests with the lower speed crashes. still leaves the question of what can be done in passenger side engaged. The proposed high speed unbelted addition to public education for the near future. We note that, in considering a range offset deformable barrier test would Manufacturers may be able to make adjustments to of upper severity levels, the upper involve the same crash configuration as existing air bag systems. Further, NHTSA may be able to make temporary adjustments to its severity level could be adjusted by we proposed in the NPRM for the up- regulations if it is shown to be necessary to enable either changing the test speed or to-40 km/h (25 mph) belted offset manufacturers to minimize any adverse side effects deformable barrier test. Vehicles would during this period. mph. According to Ford, this change would allow have to meet the requirements in tests For example, Ford has requested that NHTSA manufacturers to better ‘‘tune’’ the interaction with both the vehicle and the passenger amend its crash testing procedures in Standard No. between the air bag and the safety belt so as to 208. The standard currently requires test dummies optimize the protection afforded to occupants who side of the vehicle engaged. The test to be protected in a 30 mile per hour (mph) crash use their belts. Ford stated that the current testing would, of course, be conducted at both when wearing safety belts and when not procedure forces manufacturers to base occupant higher speeds, and unbelted 50th wearing the belts (i.e., protected by the air bag protection designs solely on the air bag, rather than percentile adult male dummies and 5th alone). Ford asked that the test speed for the the interaction between the air bag and the belt. unbelted dummies be lowered to 25 mph, while the Ford believes that such a change can reduce air bag- percentile adult female dummies would test speed for the belted dummies be raised to 35 induced injuries. be used. VerDate 29-OCT-99 17:04 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP3.XXX pfrm01 PsN: 05NOP3 60578 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules The offset deformable barrier test is While our analysis of the European km/h (35 mph) offset deformable barrier used in several ways in different parts test was made in the context of a belted test, this does not mean that air bags of the world. The test has been adopted condition, it nonetheless raises the issue designed to meet the 56 km/h (35 mph) as a requirement in Europe at a speed of whether the test is adequately offset deformable barrier test would of 56 km/h (35 mph), using belted 50th representative of potentially fatal provide a level of protection equivalent percentile adult male dummies, crashes. To address this issue, we have to that provided by air bags designed to pursuant to EU Directive 96/79 EC. The sought to compare the 56 km/h (35 meet a 45 km/h (28 mph) barrier-like test is also conducted in Europe at a mph) offset deformable barrier crash test crashes. higher speed, 64 km/h (40 mph), as part recommended by IIHS to a 48 km/h (30 When looking at the severity of a of the European New Car Assessment mph) rigid barrier test. crash and its influence on air bag Program. The Australian New Car Among other things, we have design, delta V is not the only important Assessment Program conducts the same conducted 56 km/h (35 mph) offset factor. Another important factor is the test at the same speed. IIHS also deformable barrier crash tests on MY time to reach that delta V. The time is conducts this test at the same speed, 1999 Dodge Intrepid and Toyota important because it affects the speed at using belted 50th percentile adult male Tacoma vehicles. Comparing the crash which the occupant strikes the interior dummies to evaluate the pulses for these tests with the pulses of of the vehicle, i.e., for a given delta V crashworthiness of vehicles. Transport 40 and 48 km/h (25 and 30 mph) rigid crash, the shorter the time duration, the Canada is developing a test procedure barrier tests that we also conducted higher the occupant impact speed. using belted 5th percentile adult female using these vehicles, we can make As discussed in the test procedures dummies at impact speeds up to 40 km/ several observations. For each vehicle, paper, the offset crash test has a long h (25 mph) to evaluate air bag sensor there is a long duration, low magnitude duration deceleration pulse. As a result, performance and air bag aggressivity. acceleration during the initial phase of occupants in a vehicle involved in such While a great deal has been written on the test that is associated with the a crash would impact the interior the subject of unbelted rigid barrier tests crushing of the deformable barrier face. components at lower speeds than over the years, the high speed unbelted After the crushing of the barrier face, the occupants who were in a vehicle offset deformable barrier test is remaining segment of the crash pulse is involved in barrier-like crashes. Because relatively new. We note that we have similar to that for the 40 and 48 km/h of this aspect of offset crashes, the test been conducting research for several (25 and 30 mph) rigid barrier tests, and procedures paper separates the crash years with the intention of proposing to this portion of the acceleration profile events in NASS and estimates a add a high speed belted frontal offset generally would fall in between the substantially lower target population for test to Standard No. 208. For pulses for those two rigid barrier tests if the offset test than for the rigid barrier information about this research adjusted with a time shift. test. program, see our Report to Congress, A close look at these pulses suggests The high speed unbelted rigid barrier Status Report on Establishing a Federal that, from the perspective of delta-V, the test and the high speed unbelted offset Motor Vehicle Safety Standard for deformable barrier test is approximately deformable barrier test are significantly Frontal Offset Crash Testing, April 1997. equal in severity to a 45 km/h (28 mph) different, and each has potential This report is available on our web site rigid barrier test. This is consistent with advantages as compared to the other. at http://www.nhtsa.dot.gov/cars/rules/ a rule of thumb within the research Among the considerations that are CrashWorthy/offrt.html. community that the offset test’s barrier relevant to the high speed unbelted rigid In our Report to Congress, and in the equivalent velocity is approximately 20 barrier test are the following— NPRM (63 FR 49958, at 49960), we percent less than the impact speed. • It involves a stiffer crash, thereby stated that we were considering adding This observation is also supported by promoting the design of soft frontal the European high speed belted frontal findings from our Advanced Frontal structure and deeper air bags that offset test to Standard No. 208 as a Research Program. We provided a provide more protection against AIS ≥ 3, supplement to the existing tests. We number of vehicles tested in both life-threatening, head/chest injuries in stated in the Report that the Standard collinear and oblique offset tests to higher speed crashes. No. 208 rigid barrier test is most NASS investigators for analysis. The • It promotes the design of wider air effective in preventing head and chest investigators estimated delta Vs that bags which provide head and chest injuries and fatalities, but noted that it were substantially lower than the protection in the angular component of does not address lower limb and neck impact speeds.21 Also, IIHS conducted a the test. injuries. similar study and observed similar • It is a well known test condition. It We stated further in the Report that results,22 i.e., the range of delta Vs were has been part of Standard No. 208 since while the frontal rigid barrier test of 15 to 28 percent lower than the impact 1984. • Standard No. 208 does not produce the speeds. It may result in more repeatable test vehicle intrusion observed in many real It is important to note that although results than an offset test would world crashes, it does depict those we estimate 45 km/h (28 mph) as the provide. Since the offset test involves impacts which produce the highest risk rigid barrier equivalent speed for the 56 striking a soft structure, there may be a of serious to fatal injuries resulting from chance of air bag sensor timing frontal crashes. We stated that the 21 Stucki, Sheldon L. and Fessahaie, Osvaldo, variability. Variations in air bag sensor European frontal test procedure does ‘‘Comparison of Measured Velocity Change in timing can lead to variations in not address the highest risk of serious to Frontal Crash Tests to NASS Computed Velocity occupant kinematics. The rigid barrier fatal injuries occurring in frontal crashes Change,’’ SAE Paper No. 980649, 1991 SAE International Congress and Exposition, Detroit, test, on the other hand, results in and that, from our viewpoint, the March 1998. relatively consistent air bag deployment European test conditions were not 22 O’Neill, Brian, Preuss, Charles A., and Nolan, timings. acceptable as an alternative to Standard James M., Insurance Institute for Highway Safety, • The full frontal rigid barrier test No. 208. We stated, however, that ‘‘Relationships Between Computed Delta V and represents a vehicle striking a like Impact Speeds for Offset Crashes’’, Paper No. 96– adoption of the European test could S9–O–11, Proceedings of Fifteenth International vehicle. yield benefits in terms of a reduction in Technical Conference on the Enhanced Safety of Among the considerations that are lower limb injuries. Vehicles, Melbourne, Australia, May 1996. relevant to the high speed unbelted VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.136 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60579 offset deformable barrier test are the • Comparing a 35 mph offset test to vehicle’s analytical system will be following: a 30 mph full frontal rigid barrier test, unable to discern the crash severity and • It provides a more challenging test the peak g’s are likely to less in the will not be able to accurately predict of the vehicle crash sensors. In order to offset test, and the time duration of the what stage to fire, or even whether to provide optimal protection to the crash pulse is likely to be substantially fire the air bag in a timely fashion. That occupant in a crash, the crash sensors longer. company indicated that this may result need to make a determination of when As noted above, the concept of a high in poor algorithm design. to fire the air bag as early as possible. speed unbelted offset deformable barrier For additional analysis of the two However, the challenge in an offset test is new, so there are very few alternative unbelted tests, readers are deformable barrier crash test arises from available data for this test. However, we referred to the aforementioned paper the fact that the engagement of the offset have tested two vehicles, the MY 1999 and supplement prepared by our Office deformable barrier results in a soft crash Toyota Tacoma and Dodge Intrepid, in of Vehicle Safety Research concerning pulse which needs to be detected by the unbelted 56 km/h (35 mph) offset tests potential test procedures for Standard sensor for the algorithm to make the using both 50th percentile adult male No. 208 and to the Preliminary decision to deploy, and a harder crash and 5th percentile adult female test Economic Assessment which pulse later in the event. dummies. One vehicle, the Tacoma, was accompanies this SNPRM. • It provides a more challenging test able to meet the proposed injury criteria It is important to note that, whatever of the vehicle structure. The offset performance limits without difficulty unbelted test is included in Standard deformable barrier test engages only (for both types of dummies and both left No. 208, manufacturers will be required 40% of the front structure of the vehicle. and right impacts), while the other under the final rule to certify all of their Therefore, the crush is concentrated on vehicle, the Intrepid, had difficulty, vehicles to a wide variety of new test one side and produces more intrusion particularly with the Nij injury criteria requirements, and in a very short period into the occupant compartment. The full performance limits. Of course, neither of of time. The analysis we presented earlier in this document concerning frontal rigid barrier test engages the these vehicles was designed with the how many vehicles currently appear to entire front of the vehicle in a offset test in mind, so these tests have meet the 48 km/h (30 mph) unbelted distributed loading pattern. little relevance to the issue of whether rigid barrier requirements for 50th • It has greater potential for benefits vehicles could satisfy such a requirement. percentile adult male dummies was related to injury from intrusion. • Some vehicle manufacturers have intended to address the allegation that The deformable barrier is known expressed concerns about an unbelted a return to the test would prevent and used in other test configurations. high speed offset test. GM has expressed continued use of redesigned air bags The European offset crash test concern about the ability of vehicle and require a return to overly aggressive requirement and the IIHS sensing systems to be able to sense the air bags; it did not represent an analysis crashworthiness evaluations are two soft, deformable barrier face of the offset of how easy it would be to meet that examples. • deformable barrier, and still be able to particular test requirement in the The deformable barrier can be perform well in real world crashes. context of the overall set of proposed bottomed out by sports utility vehicles According to that company, its review requirements. and full size pick-up trucks due to their of actual vehicle data traces plotting In commenting on the NPRM, vehicle increased mass and stiffness of the deceleration over time indicates that the manufacturers indicated that, as they structures involved. To the extent that frontal offset barrier impact initially consider various air bag designs, they the deformable barrier is bottomed out, looks much like a low speed crash, face trade-offs in meeting different it becomes more like an offset rigid where no air bag or just a first stage air proposed test requirements. For barrier test, thereby potentially bag might be used. Because of this, a example, the optimum air bag for providing a more severe crash test for sensor system might not recognize until meeting the unbelted rigid barrier test larger, heavier vehicles. well into the crash that the vehicle is for the 50th percentile adult male driver • The offset deformable barrier test is undergoing a higher speed, severe crash. dummy would be a large air bag filling not representative of a vehicle-to- GM believes that if this test were made the space between the dummy and the vehicle crash. It is perhaps most easily a part of the standard, manufacturers steering wheel. This would allow the understood by comparing it to a full would either have to design their restraining forces to be imparted earlier frontal rigid barrier test and an offset sensors to fire any time they see a lower in the crash event and exert lower g rigid barrier test. An offset rigid barrier speed, soft impact, which would cause forces on the occupant to allow optimal test simulates a crash where the entire more low speed deployments, or design ride-down from the crash. A smaller air crash energy is absorbed by the the sensors to optimize for real world bag would be optimum for meeting the structural members of the struck side. In crashes and risk failing this performance unbelted perpendicular rigid barrier test an offset deformable barrier test, this test in the standard. for 5th percentile adult female dummy energy is shared by the barrier and the Honda expressed concern about the in the full forward seating position, vehicle structures. Comparing a full similarity in pulses between the 40 km/ since she is positioned closer to the air frontal rigid barrier test to an offset rigid h (25 mph) offset deformable barrier and bag and has less ride-down space to fill barrier test conducted at the same the 56 km/h (35 mph) offset deformable between the dummy and the steering speed, there is greater likelihood of barrier crashes. In an August 26, 1999 wheel. If an excessively large air bag is intrusion. The crash pulse for the offset comment submitted to the docket, used, neck readings for the 5th rigid barrier test would likely have Honda stated that, even though these percentile adult female dummy will about the same peak acceleration but a tests are dissimilar in terms of ultimate increase as the larger air bag pushes the longer time duration. An offset severity, the crash pulses looked similar head back. Of course, the smallest deformable barrier test at the same during the initial decision period of up possible air bag would be optimum for speed would likely result in a lower to 30 ms. This in part reflects the fact meeting the proposed low risk peak acceleration and about the same that the initial phase of the test is deployment tests intended to minimize time duration as the rigid offset barrier measuring the deformation of the soft risks from air bags to out-of-position test. barrier. According to Honda, the occupants. However, as air bags shrink, VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.138 pfrm03 PsN: 05NOP3 60580 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules so does their ability to provide We have also recently conducted rigid level inflator is used. Moreover, a protection, especially to larger barrier tests at 48 km/h (30 mph) using weight sensor or other suppression occupants in crashes with potential for belted 50th percentile adult male and device would likely be needed to meet serious or fatal injuries. We note that belted 5th percentile adult female requirements for rear facing infant seats. while large air bags may be optimum for dummies in MY 1998 and 1999 However, the use of a weight sensor or meeting the 30 mph unbelted rigid vehicles. In 18 tests conducted with the other suppression device on the barrier test with 50th percentile adult belted 50th percentile adult male passenger side should not affect the male dummies, vehicle manufacturers dummies, the vehicles passed all the ability of the vehicle to meet the have been able to meet the test with air proposed injury criteria performance proposed unbelted and belted crash test bags of varying sizes. limits for both driver and passenger. In requirements using 50th percentile Recognizing the issues associated 17 tests conducted with belted 5th adult male dummies and 5th percentile with the need to meet all of the percentile adult female dummies, the adult female dummies, since the proposed tests together, we have tested vehicles passed all the injury criteria addition of such a device does not affect current vehicles under a variety of performance limits for the passenger the characteristics of the air bag itself. proposed test procedures. For four of dummy; however, the driver dummy While the proposed requirements the vehicles for which we conducted a exceeded the proposed Nij injury appear to be achievable, the number of 48 km/h (30 mph) rigid barrier test criteria performance limit in failures illustrate that many vehicles using unbelted 50th percentile adult approximately 35% of the tests. will need to be redesigned in a short male dummies, we also conducted a 48 We also conducted static out-of- period of time to meet a highly complex km/h (30 mph) rigid barrier test using position tests using the 5th percentile set of new requirements. In many cases, unbelted 5th percentile adult female adult female driver dummy and 6-year- manufacturers will be introducing dummies. For all these tests, it bears old child passenger dummy on six MY several new technologies emphasizing that these vehicles were 1999 vehicles. The vehicles that were simultaneously: dual level inflators, seat not designed to comply with the final selected were the same as those used in belt sensors, weight/pattern seat rule that will be issued in this the 48 km/h (30 mph) rigid barrier test sensors, seat track position sensors, rulemaking. Thus, while it is useful to with unbelted 50th percentile adult more complex algorithms, etc. know whether current vehicles already male dummies. (Again, we note that the In this context, we recognize that meet the tests, the test failures can tell vehicles were not designed with these simultaneous implementation of these us only which vehicles need to be test requirements in mind.) Four out of various proposals for minimizing risk redesigned. They do not indicate that six vehicles, including the MY 1999 and enhancing protection will vehicles cannot be redesigned in the Saturn SL1, passed all the static out-of- necessitate considerable care and effort time provided by TEA 21 to comply position test requirements on the by the vehicle manufacturers. In a with that final rule. driver’s side. The remaining two normal rulemaking, we would have Three of the four unbelted 5th vehicles failed the Nij criteria in broad discretion to adjust the percentile adult female driver dummy Position 1, but passed all the criteria in responses in these tests passed all the Position 2. implementation schedule to facilitate injury criteria performance limits we are With the 6-year-old child dummies on initial compliance. In this rulemaking, proposing in the SNPRM. (For the same the passenger side, only one vehicle, the our discretion to set the schedule for make model vehicles, the 50th MY 1999 Acura RL with a dual stage implementing the amendments required percentile adult male driver dummy inflator, met all the proposed injury by TEA 21 is limited by that Act. Our also passed all the injury criteria criteria performance limits in both final rule must provide that the phasing- performance limits.). In the fourth test, Position 1 and Position 2 tests. Only the in of those amendments begins not later of the MY 1999 Dodge Intrepid, the 5th primary stage was fired in the tests. than September 1, 2003, and ends not percentile adult female driver dummy Looking at the various tests we have later than September 1, 2006. failed both the chest displacement and conducted, it appears that the proposed However, we believe that nothing in Nij performance limits; however the test requirements are achievable by a TEA 21 derogates our inherent authority 50th percentile adult male driver number of vehicles even though they to make temporary adjustments in the dummy passed all the relevant injury were not designed to comply with those requirements we adopt if, in our criteria performance limits when tested requirements. These vehicles meet the judgment, such adjustments are in the same vehicle. 48 km/h (30 mph) unbelted barrier test necessary or prudent to promote the Two of the four unbelted 5th with both unbelted 50th percentile adult smooth and effective achievement of the percentile adult female passenger male dummies and unbelted 5th goals of the amendments. For example, dummy responses passed all the injury percentile adult female dummies, and adjustments could be made to test criteria performance limits. The MY the driver side out-of-position test, with speeds or injury criteria. One possibility 1999 Dodge Intrepid slightly exceeded single level inflators. The MY 1999 would be to issue a final rule the chest g performance limit (with a Saturn SL1 appears to be such a vehicle. temporarily reducing the maximum value of 62.2 g) and the MY 1999 Toyota Dual level inflators could make it speed for the unbelted rigid barrier test Tacoma significantly failed to meet the easier to meet the tests. For example, a to 40 km/h (25 mph) (or some other Nij performance limit (with a value of higher inflation rate could be used for speed, e.g., 44 km/h (27.5 mph)) and 2.65). 50th percentile adult males, while a then increasing it to 48 km/h (30 mph) Two of the four vehicles, the MY 1999 lower inflation rate could be used for after an appropriate period of time, e.g., Saturn SL1 and the MY 1998 Ford 5th percentile adult female drivers with after the TEA 21 phase-in. Another Taurus, however, passed all the injury the seat full forward and for child possibility would be to temporarily criteria performance limits for the driver passengers. permit relaxed injury criteria and passenger using both unbelted 5th We note that, for the passenger side, performance limits (e.g., 72 g chest percentile adult female and unbelted a weight sensor or other suppression acceleration limit instead of 60 g chest 50th percentile adult male dummies in device might be needed to meet acceleration limit) in unbelted rigid the rigid barrier crash tests at 48 km/h passenger side out-of-position barrier tests between 25 mph and 30 (30 mph). requirements for children, even if a dual mph. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.139 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60581 This document seeks comment on the vehicles passed all the proposed occupant positioning, and provide still another possibility for the final driver and passenger injury criteria separate answers for crashes likely to rule: permanently reducing the unbelted performance limits with one exception cause fatalities and crashes likely to rigid barrier test speed to 40 km/h (25 involving the model year 1999 Toyota cause serious but not fatal injuries. mph) and temporarily leaving the belted Tacoma. Again, the passenger dummy 2. How do the two alternatives rigid barrier test speed at 48 km/h (30 exceeded the proposed Nij limit on the compare with respect to repeatability, mph). Under the final rule, the latter test passenger side. reproducibility, objectivity, and speed would later, sometime after the In light of the fact that vehicle practicability issues? TEA 21 phase-in schedule, increase to manufacturers are now recommending 3. What effects would each of the 56 km/h (35 mph).23 an unbelted rigid barrier crash test alternative types of unbelted tests and We note that we have previously alternative that omits the oblique tests, each of the alternative maximum test considered, in rulemaking, a 40 km/h we also note that we addressed the speeds discussed in this SNPRM have (25 mph) maximum speed for the possibility of eliminating the unbelted on air bag design, performance, risks unbelted rigid barrier test. However, we oblique tests in the aftermath of that and benefits, and on amount of considered this issue in the context of same rulemaking. See NPRM published depowering permitted? Answers should Standard No. 208’s historic in the Federal Register (50 FR 14589, focus particularly on unbelted 40 km/h requirements, i.e., testing only with 50th 14592–14594) on April 12, 1985, and (25 mph)/belted 56 km/h (35 mph) percentile adult male dummies and the final rule published in the Federal versus unbelted 48 km/h (30 mph)/ old injury criteria, which did not Register (51 FR 9800, 9801–9802) on belted 48 km/h (30 mph), and on include neck criteria. March 21, 1986. unbelted 56 km/h (35 mph)offset/belted Fifteen years ago, in our rulemaking We decided to retain the oblique tests 48 km/h (30 mph) versus unbelted 48 establishing automatic protection in that rulemaking. We noted that km/h (30 mph)/belted 48 km/h (30 requirements, GM advocated a 40 km/h although oblique tests generally produce mph). To what extent can it be (25 mph) unbelted rigid barrier test to lower injury levels, they do not concluded that a countermeasure facilitate passive interiors, i.e., building consistently produce that result. We needed to meet each alternative would in safety by improving such things as also expressed concern that air bags that ensure protection in frontal crashes not the steering columns and padding. At only need to meet a perpendicular directly represented by the tests that time, GM believed passive interiors impact could be made much smaller. included in that alternative, e.g., crashes would be better than automatic We stated that, in such a case, in an with different pulses (harder or softer) restraints, i.e., air bags or automatic seat oblique crash, an unbelted occupant or different severities (more severe or belts. could roll off the smaller bag and strike less severe)? Please quantify, to the Based on available test data, we the A-pillar or instrument panel. extent possible, the amount of concluded that it was generally evident We welcome comments on how we protection that would be ensured in that it was within the state-of-the art to should consider our past decisions and other types of crashes, i.e., what the pass Standard No. 208’s head and chest the rationales underlying them in this injury criteria measurements would be. injury criteria at 40 km/h (25 mph) with current rulemaking. Please address whether and how the unbelted 50th percentile adult male We note that while we are seeking answer to this question would differ for dummies without air bags. We stated comments on alternative unbelted tests, the low and high end of the proposed that we had virtually no data on what including alternative speeds and injury range of upper speeds for each diminution in safety would occur if the criteria, we plan to adopt a single alternative. lower standard were used and that there unbelted test or set of unbelted tests for 4. To what extent would current air was no basis for making such a change. the final rule. That is, we do not plan bag systems (or air bag systems being See final rule published in the Federal to provide a manufacturer option in this developed for near-term application) Register (49 FR 28962, 28995; July 17, area. Depending on the comments, we have difficulty distinguishing between a 1984). may adopt some combination of the high speed offset deformable barrier test We also note that, for the vehicles we tests discussed above. and a low speed crash during the time recently tested at 48 km/h (30 mph) for To help us reach a decision on what the decision whether to deploy the air this rulemaking, we also tested a small unbelted test requirements should be bag must be made? What technological subset at 40 km/h (25 mph) with included in Standard No. 208, we solutions, e.g., advanced sensing unbelted 50th percentile male driver request commenters to address the systems (including use of satellite and passenger dummies. In the three following questions: sensors and improved algorithms) are 1. How do the two proposed tests, the vehicles passed all the available to address this potential alternative unbelted crash tests compare proposed driver and passenger injury problem? How should we consider this in representing the range of frontal criteria performance limits with one issue in selecting among the available crashes which have a potential to cause exception involving a model year 1999 unbelted crash test alternatives? serious injuries or fatalities? Please 5. One reason for adopting a test Toyota Tacoma. The passenger dummy answer this separately for the low and requirement that is less stringent than exceeded the proposed Nij limit in this high end of the proposed range of upper another during the TEA 21 phase-in test. We also conducted two 40 km/h speeds for each alternative, i.e., 40 and period would be to provide an extra (25 mph) rigid barrier crash tests with 48 km/h (25 and 30 mph) for the margin of flexibility and facilitate unbelted 5th percentile adult female unbelted rigid barrier test and 48 and 56 compliance during the time vehicle driver and passenger dummies. Again, km/h (30 mph and 35 mph) for the manufacturers are introducing advanced 23 We recognize that this alternative would unbelted offset deformable barrier test. air bags incorporating multiple new increase the test speed of the belted test to the level In answering this question, please technologies. An example of such an of the belted test currently conducted under consider the entire range of tests approach would be the phase-in NHTSA’s NCAP program. If this alternative were incorporated into each alternative. sequence described above in which the chosen, NHTSA contemplates retaining the current NCAP test speed through the end of the TEA 21 Please specifically address final rule would provide that the phase-in period. The agency would then review that representativeness with respect to (a) maximum speed for the unbelted rigid NCAP test. crash pulses, (b) crash severities, and (c) barrier test would initially be 40 km/h VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.140 pfrm03 PsN: 05NOP3 60582 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules (25 mph) (or some other speed) and then 11. To what extent could non-air bag ii. Proposed Array of Crash Test increase to 48 km/h (30 mph) after an changes, such as improved crush zones, Requirements. appropriate fixed period of time. If we be used to avoid any increases in air bag As noted earlier, vehicle were to adopt a less stringent test aggressivity if there were a return to the manufacturers argued that some of the requirement for an initial period, how 48 km/h (30 mph) unbelted barrier test? crash test requirements we proposed in long should that period be and why? To what extent can advanced features the NPRM were redundant, given the 6. What factors should we consider in such as improved fold patterns, lighter other tests. In developing this SNPRM, selecting a maximum speed for the two fabrics and recessed air bag modules be we have carefully considered whether alternatives? used to offset, or more than offset, any we could reduce the number of 7. The severity of a crash test increases in power so that those proposed tests without significantly requirement could be adjusted either by increases do not result in increased air affecting the benefits of the NPRM. reducing the maximum speed at which bag aggressivity? Using the methodology for counting the test is conducted or by leaving the 12. To what extent could the various tests discussed earlier in this document, maximum speed unchanged, but types of static suppression be used to we are proposing a total of nine crash relaxing the injury criteria performance reduce the risk to children? In what tests instead of 14. limits for the tests that are conducted circumstances would such suppression The specific nine tests differ, of near the upper end of the range of test not minimize risk? To what extent could course, depending on which alternative speeds. For example, if we were to the lower level of dual-level inflators be unbelted tests are included. reduce temporarily the severity of the linked with sensors of such factors as The set of nine tests which includes unbelted up-to-48 km/h (30 mph) rigid crash severity, seat position, belt use the unbelted rigid barrier test includes barrier test, one possible way of doing and weight/pattern be used to reduce the following tests: this would be to reduce the stringency the risk to drivers who adjust their seats of the injury criteria performance limits —belted rigid barrier test (perpendicular full forward or nearly full forward? In ± between 40 km/h (25 mph) (or some what circumstances would such and up to 30 degrees) using 50th other speed) and 48 km/h (30 mph). technology not minimize risk? If there percentile adult male dummies While this could provide significant would be residual risk to children or to (counts as three tests: one at +30 increased flexibility to vehicle those drivers after the use of those degrees, one perpendicular, and one ¥ manufacturers, it could still address the technologies, what is the magnitude of at 30 degrees); issue of protection in higher speed that risk? To what extent would that —belted rigid barrier test (perpendicular crashes. Also, certification and residual risk be affected by the decision only) using 5th percentile adult compliance test data could be directly regarding an unbelted test requirement? female dummies; —unbelted rigid barrier test using 50th compared to that obtained in 48 km/h 13. To what extent does each vehicle (30 mph) rigid barrier crash tests over percentile adult male dummies manufacturer plan to take full (counts as three tests); many years. We specifically request advantage, across their vehicle fleets, of —unbelted rigid barrier test comments on this approach and what the advanced air bag and other (perpendicular only) using 5th injury criteria performance limits would technologies mentioned in questions 11 percentile adult female dummies; and be appropriate if we were to adopt it. and 12 above? 8. Should we consider combining —belted up-to-40 km/h (25 mph) offset 14. Given that available test data aspects from each of the two unbelted deformable barrier test (driver side of indicate that some vehicles already meet alternatives? For example, the unbelted the vehicle engaged with the barrier) or exceed the injury criteria for 50th rigid barrier test alternative includes using 5th percentile adult female percentile male dummies in unbelted 48 both perpendicular and angle tests. A dummies. km/h (30 mph) tests, explain why those variation on this approach might be to margins of compliance cannot be This set of proposed tests eliminates retain the perpendicular test, but increased in the time provided by the five tests that were included in the replace the angle tests with offset TEA 21 schedule and why other NPRM. First, for both the belted and deformable barrier tests. We request vehicles cannot be designed to achieve unbelted rigid barrier tests, we are comments on this or any other possible similar margins of compliance. proposing to test the 5th percentile ways of combining aspects from the two adult female dummy in the unbelted alternatives. 15. Provide test data and analysis to perpendicular test only, i.e., not in 9. Given the existing and anticipated support the answers to questions 1–14. oblique tests. This would eliminate four advanced air bag technologies, to what 16. To what extent do available test tests. extent is it necessary, and why, to link data regarding advanced air bag In many cases, crash tests become less decisions about improving protection to technologies support the stringent as dummies become lighter decisions about minimizing the risks? appropriateness of or need for each of and/or closer to the air bag. However, What portion of those risks would the alternative types unbelted tests and this is not true if the dummy is so close remain after full use of existing and each of the alternative maximum test that it contacts the air bag early in the anticipated advanced air bag speeds discussed in this SNPRM? deployment process. For the rigid technologies? Answers should focus particularly on barrier test using 5th percentile adult 10. If it is believed that a return to the unbelted 40 km/h (25 mph)/belted 56 female dummies, the condition in 48 km/h (30 mph) unbelted barrier test km/h (35 mph) versus unbelted 48 km/ which this would most likely occur is would necessitate an increase in the h (30 mph)/belted 48 km/h (30 mph), in a perpendicular impact. Therefore, power of any vehicle’s air bags, indicate and on unbelted 56 km/h (35 we believe that the perpendicular tests which models would need air bags with mph)offset/belted 48 km/h (30 mph) (belted and unbelted) would address increased power and indicate the versus unbelted 48 km/h (30 mph)/ this concern. We also believe that, if the potential amount of increase. Explain belted 48 km/h (30 mph). vehicle can pass the perpendicular test how the amount of needed increase was 17. What lead time would be needed with 5th percentile female dummies and determined and the effects on safety of for a 56 km/h (35 mph) belted rigid the oblique tests with 50th percentile such an increase. barrier test requirement? adult male dummies, it will also pass VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.141 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60583 the oblique tests using 5th percentile We also proposed in the NPRM to If manufacturers find they cannot adult female dummies. include, for all crash tests specified by provide protection to individuals The primary function of the oblique the standard, certain vehicle integrity properly positioned in the forward track test is to assure a wide air bag. The 50th requirements. The proposal specified position, they have the option of moving percentile adult male dummy presents a that vehicle doors may not open during that position back, particularly on the greater challenge than the 5th percentile the crash test and that, after the crash passenger side. With respect to the adult female dummy does in such a test. test, it must be possible for technicians driver side, manufacturers might have to Thus, the oblique tests with the 5th to open the doors and move the seats as make other adjustments to the vehicle, percentile adult female dummy would necessary to allow evacuation of all such as providing adjustable pedals, add test costs without providing occupants. that would allow small-statured drivers additional safety benefits. Several commenters raised concerns to operate the vehicle. Second, for the belted up-to-40 km/h about these proposed requirements, Nevertheless, we are aware that the (25 mph) offset deformable barrier test, including ones relating to objectivity. placement of the 5th percentile adult we are proposing that the test be After considering the comments, we female dummy in the full forward conducted only with the driver side of have decided to drop these position tests the occupant restraint the vehicle engaged with the barrier. requirements from the SNPRM. system under a condition that may This would eliminate one additional While we believe it is important for rarely occur in the real world. The test. We believe that testing the vehicle doors to remain closed during crashes, University of Michigan Transportation on the driver side only would be a and for occupants to be extricated from Research Institute (UMTRI) has found sufficient means of testing air bag a vehicle after a crash, we believe that that drivers who are approximately the sensing systems. significant additional development of same size as the 5th percentile adult We note, by contrast, that we believe the proposed test procedures would be female dummy generally do not sit in it would be necessary to test the vehicle necessary for a final rule. Moreover, we the full forward seat track position. with each side of the vehicle engaged if believe this subject is sufficiently Other commenters have stated that the we adopted the unbelted high speed distinct from advanced air bags so as to front passenger seat would never need offset deformable barrier test instead of best be considered in other contexts, to be placed in the full forward position the unbelted rigid barrier test to ensure particularly with the need for us to issue due to occupant size. Rather, placement that the air bags are wide enough to a final rule on advanced air bags by of the passenger seat in that track provide protection for occupants that March 1, 2000. position would only occur on those rare move forward in a direction that is iii. Location and Seating Procedure for occasions when the entire space in the either to the right or left of 5th Percentile Adult Female Dummy back seat was needed for cargo or other perpendicular. purposes. A seating procedure for the 5th Another concern is whether, in order The set of nine tests which includes percentile adult female test dummy is the unbelted high speed offset to meet tests for conditions that rarely detailed in section S16 of the proposed occur in the real world, manufacturers deformable barrier test includes the regulatory text. The procedure takes into following tests: might select air bag designs that offer account two separate concerns. The first reduced fatality-reducing protection for —belted rigid barrier test (perpendicular issue is where to place the vehicle seat ± conditions that are more common. and 30 degrees) using 50th during testing; the second issue is how We also note that, under our proposal, percentile adult male dummies to place the dummy in the vehicle seat. the 5th percentile adult female dummy (counts as three tests); From the outset, crash tests with 50th would also be tested on the driver side —belted rigid barrier test (perpendicular percentile adult male dummies have in two out-of-position tests that place only) using 5th percentile adult been conducted with the seat in the the dummy directly on the air bag female dummies; middle seat track position. We do not module. While this would not ensure —unbelted offset deformable barrier test propose to change that provision. protection in a high speed crash, it (driver and passenger sides of vehicle However, we have proposed in the would ensure that the air bag does not engaging the barrier) using 50th NPRM and this SNPRM to conduct tests cause harm. percentile adult male dummies with 5th percentile adult female Accordingly, we are interested in (counts as two tests); dummies with both the driver and comments on whether testing the 5th —unbelted offset deformable barrier test passenger seats in the full forward percentile adult female dummy with the (driver and passenger sides of vehicle position. We believe that this is the seat position in something other than engaging the barrier) using 5th most vulnerable position for occupants the full forward seat track position percentile adult female dummies in the real world and is also the most would adequately protect properly- (counts as two tests); and demanding for the occupant protection seated individuals of all sizes while —belted up-to-40 km/h (25 mph) offset system. Individual drivers who are potentially allowing more design deformable barrier test (driver side of approximately the size of the 5th freedom. the vehicle engaged with the barrier) percentile adult female dummy are the The proposed seating procedure was using 5th percentile adult female most likely, because of their size, to sit developed considering the work dummies. farther forward than the middle seat performed by the SAE Hybrid III 5th In the NPRM, we proposed track position and are more likely than Seating Procedure Task Group and by specifications for the deformable barrier larger drivers to use the full forward NHTSA’s Vehicle Research and Test to be used in offset deformable barrier position. Occupants of any size may Center (VRTC). The 50th percentile tests. The specifications for this barrier occasionally use that seat position on Hybrid III adult male dummy is the only would be included in Part 587. We are the passenger side, depending on the dummy currently used for Standard No. not republishing the specifications in passenger or cargo space needs in the 208 compliance crash testing. For that this SNPRM but expect to proceed to a back seat. As a general principle, we testing, the dummy is positioned final rule in a separate document. We do believe that people should be able to according to S10 of the standard. As not expect any significant changes from safely use a seat as it was designed to part of that procedure, the H-point of the NPRM. be used. the dummy is located using the manikin VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.143 pfrm03 PsN: 05NOP3 60584 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules and procedures in SAE Standard J826.24 dummy. The 50th percentile adult male passenger seat, and also during rough For the 5th percentile adult female dummy (78 kg (171 pounds)) is 28 kg road tests using that dummy. dummy, the SAE task group is currently (63 pounds) heavier than the 5th If the low risk deployment option voting and commenting on the percentile adult female (49 kg (108 were selected, a vehicle would be acceptability of a procedure that uses an pounds)) and therefore much more required to meet specified injury criteria SAE Standard J826 50th percentile adult difficult to maneuver into position. The when the passenger air bag is deployed male manikin with reduced length legs 50th percentile adult male manikin H- in the presence of a 12 month old child to locate the H-point of the 5th point provides a specific target for this dummy placed in a RFCSS. In the case percentile adult female dummy. Then a heavy dummy so that it can be of air bags with multiple inflation dummy positioning procedure is used to positioned in the seat. The lighter 5th levels, the injury criteria would need to place the female dummy at the H-point percentile adult female dummy does not be met for all levels. located by the modified manikin. It is need this target. In addition, the 5th For our SNPRM, we are proposing the unknown when this procedure will be percentile adult female buttocks profile same two basic options, but with several completed. may fit differently into a highly curved changes. Given the absence of an SAE-accepted fitted seat than the 50th percentile adult First, under the NPRM, manufacturers seating procedure for the 5th percentile male dummy and therefore the use of would have been required to assure adult female dummy, we decided to the 50th percentile adult manikin for compliance in tests using any child perform some of our own positioning the 5th percentile adult female dummy restraint capable of being used in the tests so that a 5th percentile adult seating procedure may cause more rear facing position which was female procedure would be available for variability in dummy positioning. Thus manufactured for sale in the United this rule. VRTC positioned a 5th we believe the proposed non-manikin States between two years and ten years percentile adult female dummy several procedure makes it easier to repeatedly prior to the date the first vehicle of the times in various vehicles using a position the 5th percentile adult female MY carline of which the vehicle is a positioning procedure without dummy. part was first offered for sale to a intermediate seating devices. The H- consumer. For our SNPRM, point location was measured and the 2. Tests for Requirements To Minimize manufacturers would be required to variation in H-point location between the Risk to Infants, Children and Other assure compliance using any child repeats was reviewed. Then the 5th Occupants From Injuries and Deaths restraint included in a list of percentile adult female prototype Caused by Air Bags representative child restraints that we are proposing to add as an appendix to manikin (supplied by Ford Motor a. Safety of Infants. Company) was used to locate the H- Standard No. 208. The list would be Infants in rear-facing child safety seats periodically updated to reflect changes point with respect to the seat. The (RFCSS) are at significant risk from variation in H-point location between in the types and designs of available deploying air bags, since the rear facing child restraints. We believe this repeats was reviewed. orientation of the child seat places their The procedures demonstrated that the approach addresses the practicability heads extremely close to the air bag location of the H-point of the 5th and cost concerns raised by commenters cover. This is why we emphasize that percentile adult female dummy and the but still ensures that vehicle infants in RFCSS must never be placed H-point of the 5th percentile adult manufacturers take account of the in the front seat unless the air bag is female prototype manikin with respect variety of different RFCSS as they turned off. to the seat were very similar. design their systems. The issue of how Longitudinally, the difference in the In the NPRM, in order to address the we selected the proposed list of child average ‘‘H’’ point location between the risks air bags pose to infants in RFCSS, restraints is discussed later in this dummy and the manikin varied from 1 we proposed two alternative test notice. mm to 17 mm (0.04 in. to 0.67 in.). requirements, the selection of which Second, our SNPRM drops the Vertically, the comparable figures were would be at the option of the proposed rough road tests. We proposed 4 mm to 10 mm (0.16 in. to 0.41 in.). manufacturer. The two manufacturer those tests to address the possibility that Since there was little difference between options were: (1) test requirements for some types of automatic suppression the two methods, the extra step of using an automatic air bag suppression feature features, e.g., weight sensors, might be the manikin to determine the H-point or (2) test requirements for low-risk ‘‘fooled’’ by occupant movement location was found to be unnecessary. deployment involving deployment of associated with riding on rough roads. In addition, there is no guarantee of the air bag in the presence of a 12- The proposed tests were intended to when the 5th percentile adult female month old Child Restraint Air Bag ensure such devices were designed so manikin would be available and Interaction (CRABI) dummy in a RFCSS. they do not turn on the air bag in the accepted for use by the safety Under the NPRM, if the automatic presence of a small child who is community. Therefore, VRTC developed suppression feature option were bouncing as a result of riding on a rough the procedures that are in section S16 of selected, the air bag would need to be road, and so that they do not turn off the the proposed rule. suppressed during several static tests air bag in the presence of a small- We believe it would be appropriate to using, in the right front passenger seat, statured adult who is bouncing as a use the manikin procedure for the 50th a 12 month old child dummy in a result of riding on a rough road. percentile adult male dummy and not RFCSS, and also during rough road After considering the comments, we for the 5th percentile adult female tests. The RFCSS would be placed in a have tentatively concluded that it is not variety of different positions during the necessary to include rough road tests in 24 The following dockets discussed the use of the static tests. In order to ensure that the Standard No. 208. As we have discussed J826 manikin for the 50th percentile adult male suppression feature did not in other areas, in the context of a dummy. inappropriately suppress the air bag for statutory scheme requiring us to issue 1. 74–14–Notice 39: NPRM to amend Part 572, small-statured adults, the air bag would performance requirements (as opposed allowing optional use of Hybrid II or III, sunset for use of Hybrid II. need to be activated during several to one requiring design requirements or 2. 74–14–Notice 45: Final Rule adopting Hybrid static tests using a 5th percentile adult government approval), it is neither III. female dummy in the right front appropriate nor possible for us to VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.144 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60585 address every real world variable that of a RFCSS, regardless of crash severity. suppression feature that suppresses the can affect safety. Ultimately, the vehicle To address this possibility, we are air bag when an occupant is out-of- manufacturers must be expected to proposing in this SNPRM to require position, but with major changes. The design their vehicles not only so they injury criteria to be met for any stage or fourth option, testing with dynamic pre- meet the performance requirements combination of stages which may crash braking, has been dropped from specified by the Federal motor vehicle deploy in the presence of an infant in this rulemaking. safety standards, but also in light of the a RFCSS in a rigid barrier crash test at In the sections which follow, we full range of real world conditions their speeds up to 64 km/h (40 mph). We discuss the three options we are vehicles will experience. believe that all stages of inflation that including in this SNPRM, as well as our We believe rough road performance is would deploy in the presence of a reasons for any significant changes and an area that vehicle manufacturers will RFCSS would be encompassed in crash for dropping the fourth option. consider and address in the absence of tests at that range of severity levels. Requirements for an air bag Federal requirements. We also note that b. Safety of Young Children. suppression feature (e.g., weight or size a number of technical issues have been Young children are at special risk sensor) that suppresses the air bag when raised about the proposed rough road from air bags because, when unbelted, a child is present. As discussed in the tests, including how to keep dummies they are easily propelled close to the air NPRM, these requirements would be from falling over during the tests. We do bag as a result of pre-crash braking. very similar to those being proposed not believe it would be a good use of Their small size and weight also makes with respect to a suppression feature for agency resources at this time to make them more vulnerable to injury when infants in RFCSS. Under the NPRM, if further efforts to develop test interacting with a deploying air bag. We this option were selected, the air bag procedures in this area. If necessary, strongly recommend that young would need to be deactivated during failures to assure adequate air bag children ride in the back seat, because several static tests using, in the right performance in the rough road context the back seat is safer whether or not a front passenger seat, a 3-year-old or 6- could be addressed under our authority vehicle has air bags. year-old child dummy and also during to investigate safety-related defects. In the NPRM, in order to address the rough road tests. The child dummy Third, for the proposed static tests risks air bags pose to young children would be placed in a variety of different that must result in deactivation of the who do ride in the front seat, we positions during the static tests. Some of passenger air bag, we have reduced the proposed requirements using both 3- the positions specify placing the number of positions in which the infant year old and 6-year old child dummies. dummy in a forward-facing child seat or dummy/child seat is tested from seven We proposed four alternative test booster seat. The air bag would be to five. Our proposal adds one new requirements, the selection of which required to be activated during specified position, where the RFCSS is oriented would be at the option of the tests using a 5th percentile adult female so that the infant faces forward and the manufacturer. Manufacturers could dummy. seat is then tipped against the select different options for the 3-year- For the SNPRM, we have made a instrument panel. This is a position that old and 6-year-old dummies. number of changes similar to those could occur as a result of pre-impact The four manufacturer options were: discussed above with respect to a braking if the RFCSS is not secured by (1) test requirements for an air bag suppression feature for infants in the vehicle belt system. We have suppression feature that suppresses the RFCSS. In particular: dropped four of the positions proposed air bag when a child is present, e.g., a • Instead of requiring manufacturers in the NPRM in order to reduce test weight or size sensor, (2) test to assure compliance in tests using any complexity and costs. We believe that requirements for an air bag suppression child restraint which was manufactured systems that would be suppressed at the feature that suppresses the air bag when for sale in the United States for a five proposed positions would also be an occupant is out of position, (3) test specified number of years prior to suppressed at the other positions. requirements for low risk deployment manufacture, we would require them to Fourth, for the tests designed to involving deployment of the air bag in assure compliance using any child ensure that the suppression feature does the presence of out-of-position 3-year restraint included in a list of not inappropriately suppress the air bag old and 6-year-old child dummies, or (4) representative child restraints that we for small statured adults, human beings full scale dynamic out-of-position test are proposing to add as an appendix to could be used in the place of 5th requirements, which include pre-impact Standard No. 208. percentile adult female dummies. The braking as part of the test procedure. • We are dropping the proposed subject of permitting human beings to Our SNPRM follows the same basic rough road tests. be used in place of dummies for certain approach as the NPRM, but with several • For the proposed static tests which static tests is discussed in the next differences. must result in deactivation of the section. Most significantly, the number and passenger air bag, we have reduced the Fifth, we have made a change with type of manufacturer options are number of positions in which the child respect to how air bags with multiple changed somewhat. Our SNPRM dummy or child dummy/child seat are inflation levels would be tested for the continues to include, with certain tested. For the three-year-old child low risk deployment test. As indicated changes, the first and third of the dummy, the number of positions is above, we proposed in the NPRM to options listed above, i.e., test reduced from 17 to 10. For the six-year- require injury criteria to be met for all requirements for an air bag suppression old child dummy, the number of levels of inflation. This reflected the fact feature that suppresses the air bag when positions is reduced from nine to six. that a child in a RFCSS would be a child is present, e.g., a weight or size We believe that systems that would be extremely close to the passenger air bag sensor, and test requirements for low suppressed at the proposed positions in any crash. risk deployment involving deployment would also be suppressed at the other We have not changed our basic of the air bag in the presence of out-of- positions. philosophy on this issue, but want to position 3-year-old and 6-year-old child We are also proposing to allow address the possibility that vehicles dummies. manufacturers to comply with and might be designed so that only a lower Our SNPRM also includes the second certify to these suppression inflation level deploys in the presence option, test requirements for an air bag requirements using children, instead of VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.146 pfrm03 PsN: 05NOP3 60586 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 3-year-old and 6-year-old child accordingly developed separate For this SNPRM, we have decided to dummies. Adult females could also be requirements for such dynamic drop the out-of-position suppression used in the place of 5th percentile adult suppression devices. system test proposed in the NPRM. female dummies for the portions of Under the NPRM, if this option were After considering the comments, we those test requirements which make selected by the vehicle manufacturer, have concluded that procedure has sure that the air bag is activated for the manufacturer would be required to several flaws. adults. provide a telltale indicating whether the First, the use of a test headform, while We are proposing to permit air bag was activated or deactivated. allowing a quasi-static, in-vehicle test, manufacturers to use human beings in Operation of the suppression feature appears to be inappropriate for several light of concerns that current dummies would be tested through the use of a technologies now under consideration. may not be sufficiently human-like to be moving test device which would be In particular, the use of a headform recognized by some of the advanced guided toward the area in the vehicle alone, without an accompanying torso, technologies under development. For where the air bag is stored. presents severe difficulties for example, suppression devices that work In the NPRM, we summarized the ultrasound based systems. In actual use, by sensing the distributed weight proposed test requirements as follows: as opposed to a test, these systems use pattern of a human being may not sound reflections from the torso as well recognize the pattern of a test dummy. [The] test device would begin its course of as the head, in order to locate and track If a manufacturer selects this option, the travel in a forward direction toward a target an occupant. area inside the vehicle. This target area, the We are also concerned that the use of requirements would need to be met at air bag suppression zone, consists of a each of the relevant positions for any portion of a circle centered on the geometric a headform alone would not be human being within a specified weight/ center of the vehicle’s air bag cover. The appropriate for a DASS that uses height range for 3-year-old and 6-year- function of the air bag suppression system information from multiple types of old children and 5th percentile adult would be tested through the use of a sensors. For example, seat belt sensors, females. headform propelled toward the air bag seat mat pressure sensors, seat-mounted It is important to emphasize that these suppression zone at any speed up to 11 km/ capacitance sensors, and seat location tests simply involve a child or adult h (7 mph)—equivalent to a typical speed that sensors might be incorporated in a assuming specified positions in the the head of an occupant attains in pre-crash suppression system to locate an vehicle, with a technician checking braking. When the test fixture enters the area occupant or measure the characteristics (typically by looking at a light) whether near the air bag—the air bag suppression of an occupant and to assist the system zone—where injuries are likely to occur if the the air bag would be activated or air bag deploys, the telltale is monitored to in deciding whether to suppress an air deactivated; these tests do not involve determine if the suppression feature has bag. deploying the air bag or moving the disabled the air bag. . . . Second, the proposed test procedure’s vehicle. To ensure absolute safety, we The automatic suppression plane of the inclusion of a quasi-static, in-vehicle are proposing to require manufacturers vehicle, the point at which the air bag test may be inappropriate for evaluating selecting this option to provide a suppression feature must be activated when the performance of some DASS designs. method to assure that the air bag will the plane is crossed by the headform, is A system using inputs such as crash not activate during testing; such located at that point rearward of the air bag severity (change in velocity, rate of assurance may be made by removal of and forwardmost of the center of gravity of deceleration, etc.) could not be the air bag. The manufacturer would the head of a seated occupant which the adequately tested by a quasi-static test. manufacturer determines to be that point also be required to provide a method to where, if the air bag is deployed, a 3-year-old Similarly, such a test may not be assure that the same test results would child dummy would meet specified injury adequately representative of an actual be obtained if the air bag had not been criteria. crash. deactivated or removed. However, we believe that DASS holds Test requirements for a feature that 63 FR 49974, September 18, 1998. significant promise for improving suppresses the air bag when a child is We received a number of comments occupant safety. Instead of foreclosing out-of-position. As discussed in the on our proposal in this area. These the use of such technology as a means NPRM, we believe that a feature that comments were submitted by of compliance, we have tentatively suppresses the air bag when an manufacturers, suppliers, industry concluded that continued development occupant is out-of-position, either groups and safety organizations. of this technology warrants a different initially or because of moving into such While the comments indicated approach to rulemaking. a location during pre-crash braking, general support for a test option that We are therefore proposing an option needs to be tested very differently from would permit this type of suppression which would specify minimum one that suppresses the air bag design, the commenters raised many performance requirements for DASS, in whenever a child is present. While issues about the feasibility and conjunction with an amendment to our various static tests can be used to appropriateness of the agency’s procedures governing petitions for determine whether the latter type of proposed test procedure. We note that rulemaking (49 CFR Part 552) that suppression device is effective, they while much work is currently being would facilitate expedited consideration would be of limited utility in testing a done on the development of dynamic and, if appropriate, adoption of a test feature that suppresses the air bag when automatic suppression systems (DASS), procedure when technological advances an occupant moves into an out-of- the technology is still not mature. In make such dynamic suppression position location. This is because one of addition, a number of differing systems feasible. Under this SNPRM, we the key criteria in determining whether technologies are currently being are proposing to require manufacturers the dynamic out-of-position suppression considered. Each one of these seeking to manufacture vehicles under feature is effective is timing, i.e., technologies has particular attributes this compliance option to equip those whether the feature works quickly which affect the appropriateness of the vehicles with a DASS that automatically enough in a situation where an means used to evaluate its performance. controls air bag deployment by sensing occupant is propelled out of position as This makes our task in formulating the location and the characteristics of an a result of pre-crash braking (or other performance requirements and test occupant, and determining, based on pre-crash maneuvers). We have procedures much more difficult. that information, whether the air bag VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.147 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60587 should be deployed. The DASS must be introduction of DASSs by conducting just over 32 km/h (20 mph), and because capable of turning off the air bag when expedited rulemakings might result, in of the ‘‘gray zone’’ where it is uncertain an occupant enters into an Automatic some cases, in the adoption of different whether one or both stages may deploy. Suppression Zone (ASZ) defined by the procedures for similar DASSs. To We are also proposing to specify only a vehicle manufacturer. minimize this possibility, the agency rigid barrier test for purposes of The proposal provides for specific would expect manufacturers which determining what inflation level would expedited rulemaking procedures decide to petition for the adoption of a deploy in such crashes. To the extent regarding the test procedures for procedure for a DASS, instead of relying that higher inflation level air bag evaluating these systems. Under these upon a previously adopted procedure deployments do not occur in rigid procedures, interested persons (which for the same or similar type of DASS, to barrier tests at speeds up to 29 km/h (18 as a practical matter would likely be justify the need for a new and different mph), we do not believe that those either vehicle manufacturers or air bag procedure. Further, the agency would higher inflation level air bag manufacturers) could submit a petition seek in the long run to amend Standard deployments would occur in offset for rulemaking to establish, on an No. 208 to eliminate any unnecessary frontal deformable barrier tests or pole expedited basis, a test procedure for duplication or variation in test crashes at the same speed. evaluating a DASS. Target time limits procedures. As noted earlier, we have tested six for each phase of such a rulemaking are Static tests to assure low-risk MY 1999 vehicles to the proposed out- proposed. As the petition would serve deployment of the air bag in the of-position tests using 6-year-old child as a basis for our expedited adoption of presence of out-of-position 3-year-old dummies. Only one vehicle, the MY a test procedure, it would need to and 6-year-old child dummies. Our 1999 Acura RL with a dual stage contain specific detailed information. proposal in this area is not significantly inflator, met all the proposed injury Included in this required information different from the NPRM. If the low risk criteria performance limits for the 6- would be a complete description of the deployment option were selected, a year-old child dummy in both Position specifications, design, and performance vehicle would be required to meet 1 and Position 2 tests. This was the only of the system or systems to be tested by specified injury criteria when the one of the six vehicles with a dual stage the suggested test; drawings and/or passenger air bag is deployed in the inflator. Only the first stage was fired in representative samples of the test presence of out-of-position 3-year-old the tests. This test illustrates the devices and equipment to be employed and 6-year-old child dummies. We are potential of dual stage inflators to meet in the test; test procedures, including proposing that it be conducted at two the proposed out-of-position test device positioning procedures for positions which tend to be ‘‘worst case’’ requirements using 3-year-old and 6- the suggested test; and data and films positions in terms of injury risk. We are year-old child dummies. generated in performing the proposed also proposing more detailed Elimination of option for full scale test. Of course, the test must meet positioning procedures for these two dynamic out-of-position test applicable statutory requirements tests than for many of those proposed requirements, which include pre-impact relating to Federal motor vehicle safety for the static suppression tests, since braking as part of the test procedure. In standards. injury measures may vary considerably the NPRM, we included an option under We could reject or withhold with position. which a vehicle would be required to consideration of any petition that is In the case of air bags with multiple meet injury criteria in a rigid barrier incomplete. The petition would need to inflation levels, the injury criteria crash test that included pre-impact be submitted nine months before the would need to be met only for the levels braking as part of the test procedure, requested effective date, to allow that would be deployed in lower using unrestrained 3-year-old or 6-year- sufficient time for agency review and severity crashes. While an infant in a old child dummies. We have decided to public comment. RFCSS would always be extremely close drop this option. While a petitioner could submit to the passenger air bag, this is not true As discussed in the NPRM, this was confidential information in support of for older children. An older child would a new test and there were many its petition, it would need to make most likely be extremely close to the air uncertainties. After considering the public the complete test procedure and bag in lower severity crashes, following comments, we have decided to drop this a sufficient general description of the pre-crash braking. option at this time. We were persuaded system to enable us to provide a In the NPRM, we proposed that the by the commenters that significant meaningful opportunity for public injury criteria would need to be met additional development would be comment. only for the inflation levels that would needed in the proposed test procedure If the agency published a notice be deployed in crashes of 32 km/h (20 to make it appropriate for a Federal proposing the adoption of the requested mph) or below. In order to determine motor vehicle safety standard. test procedure, it would then consider what inflation levels would deploy in Moreover, we do not believe that such the public comments and decide such crashes, we proposed a test development could be completed in a whether the procedure should be added procedure which included three types timely manner for this rulemaking. We to Standard No. 208. If it decided to do of crash tests: a rigid barrier test, an also believe the other options address so, and if the procedure were suitable offset frontal deformable barrier test, the various types of technologies under for the DASS of any other vehicles, then and a pole test. development, and that this one is not the procedure could be used by those For the SNPRM, we are proposing that necessary. However, as noted before, a manufacturers of those vehicles as well the injury criteria in static out-of- manufacturer petitioning for a test as by the petitioning manufacturer. position tests would need to be met only procedure for dynamic automatic The agency emphasizes that its for the levels that would be deployed in suppression systems could suggest a intention is that Standard No. 208 crashes of 29 km/h (18 mph) or below. procedure using a full scale dynamic ultimately provide that all similar We have reduced the upper speed from barrier test with pre-crash braking. DASSs, e.g., those relying on the same 32 to 29 km/h (20 mph to 18 mph) c. Safety of Small Teenage and Adult types of sensors, would be tested in the because some vehicle manufacturers Drivers. same fashion. Initially, however, the may need to deploy both stages of a dual Out-of-position drivers are at risk agency’s efforts to facilitate the quick stage inflator in crashes with delta V’s from air bags if they are extremely close VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.148 pfrm03 PsN: 05NOP3 60588 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules to the air bag at time of deployment. have decided not to make such a modified injury criteria and While any driver could potentially proposal at this time. Air bag risks to performance limits. become out of position, small-statured adult passengers are relatively low. Air A general discussion of the proposed drivers are more likely to become out of bags do not pose the same risks for adult injury criteria and performance limits is position because they sit closer to the passengers as adult drivers and child presented below. A detailed technical steering wheel than larger drivers. passengers. Risks are higher for adult explanation is provided in a technical The NPRM, in order to address the drivers because small-statured adults paper which is being placed in the risks air bags pose to out-of-position may need to sit relatively close to the air public docket. The title of the paper is: drivers, we proposed requirements bag in order to drive. However, small- ‘‘Development of Improved Injury using 5th percentile adult female statured adults do not need to sit close Criteria for the Assessment of Advanced dummies. We proposed three alternative to the passenger air bag. Young children Automotive Restraints Systems—II.’’ test requirements, the selection of which are at special risk from air bags because, 1. Head Injury Criteria would be at the option of the when unbelted or improperly belted, manufacturer. they are easily propelled against the air As discussed in the technical report The manufacturer options proposed bag module during pre-crash braking. which accompanied the September 1998 in the NPRM were similar to those using NPRM, titled ‘‘Development of 3-year-old and 6-year-old child C. Injury Criteria Improved Injury Criteria for the dummies, with one significant In the NPRM, we proposed injury Assessment of Advanced Automotive exception. Since air bags provide safety criteria and performance limits for each Restraint Systems,’’ limits for the head benefits to small-statured drivers, it is size dummy. We placed in the public injury criterion (HIC), evaluated over a not appropriate to permit manufacturers docket a technical paper which 36 millisecond time interval, were to suppress air bag deployment under explained the basis for each of the proposed for the 50th percentile adult all conditions in the presence of such proposed injury criteria, and for the male, 5th percentile adult female, 6 occupants. Therefore, this type of proposed performance limits. year-old child, 3 year-old child and 12- month-old infant dummies. suppression feature would not be Standard No. 208 currently specifies permitted in tests with 5th percentile Due to uncertainties regarding head five injury criteria for the Hybrid III injuries for children, we had adult female dummies. 50th percentile adult male dummy in The three manufacturer options investigated various scaling methods for barrier crash tests: (1) dummy proposed in the NPRM were: (1) test developing HIC performance limits for containment—all portions of the requirements for an air bag suppression the various size test dummies. The HIC dummy must be contained in the feature that suppresses the driver air bag limits proposed in the NPRM reflected vehicle passenger compartment when the driver is out of position, (2) a methodology that included both throughout the test, (2) HIC (Head Injury test requirements for low risk geometrical and material property deployment involving deployment of Criterion) must not exceed 1,000, scaling using the properties of the the air bag in the presence of out-of- evaluated over a 36 millisecond (msec) cranial sutures. This method was based position 5th percentile adult female duration (3) chest acceleration must not on the assumption that the pediatric dummies, and (3) full scale dynamic exceed 60 g’s, (4) chest deflection must skull deformation is controlled by out-of-position test requirements, which not exceed 76 mm (3 inches), and (5) properties of the cranial sutures, rather include pre-impact braking as part of upper leg forces must not exceed 10 than the skull bones. the test procedure. kilonewtons (kN) (2,250 pounds). Comments received in response to the For our SNPRM, we have made a Under the NPRM, these and certain NPRM and at a public meeting held on number of changes similar to those additional injury criteria would April 20, 1999 focused primarily on two discussed above with respect to three- generally have been applied to all of the issues: (1) the time duration used for the year-old and six-year-old children, and dummies covered by the proposal. computation of HIC and (2) the scaling for the same reasons. Our proposal for However, the criteria would be adjusted of HIC for the child dummies. In test requirements for low risk to maintain consistency with respect to general, commenters urged that more deployment involving deployment of the injury risks faced by different size conservative values for HIC should be the air bag in the presence of out-of- occupants. adopted for the child dummies and position 5th percentile adult female For some types of injuries, we especially for the 12-month-old CRABI dummies is largely unchanged, although proposed alternative injury criteria. For infant dummy. Commenters cited we have made the same change chest injury, we proposed two differences in structure between the concerning level of inflation (i.e., levels alternatives: a new criterion, Combined compliant infant skull with soft cranial that could deploy in a rigid barrier crash Thoracic Index (CTI), which we had sutures and the adult skull in addition of up to 29 km/h (18 mph)) for which recently developed, or separate limits to the uncertain tolerances of the the test is conducted as discussed above on chest acceleration and chest infant’s brain. with respect to child dummies. Our deflection. We also proposed two AAMA recommended that the proposal for test requirements for an air alternatives for neck injury criteria: an duration for the HIC computations be bag suppression feature that suppresses improved neck injury criterion, called limited to 15 milliseconds with a limit the driver air bag when the driver is out Nij, or separate limits on flexion, of 700 for the 50th percentile adult male of position has been replaced with one extension, tension, compression and dummy, which is consistent with specifying a procedure by which shear. Canadian Motor Vehicle Safety manufacturers can petition for a test For this SNPRM, we have reviewed Standard No. 208. By way of procedure to be added to Standard No. all relevant comments on the NPRM as comparison, Standard No. 208 currently 208. Finally, we have dropped our well as comments and documents specifies, for that dummy, HIC proposal for full scale dynamic out-of- submitted by biomechanics specialists computed over 36 milliseconds but with position test requirements. at NHTSA-sponsored public meetings. a limit of 1000. While we have carefully considered Combining this new information with The basis for AAMA’s recommended GM’s suggestion that we add out-of- our previous analyses, we are 15 millisecond duration was that, in the position tests for adult passengers, we proposing, in a number of instances, original biomechanical skull fracture VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.149 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60589 data from which HIC was derived, no 260 passed and 18 failed both criteria, modifications to the proposed Nij specimen experienced a skull fracture 10 tests that failed HIC 15 passed HIC calculations. and/or brain damage with a HIC 36, while 7 tests that failed HIC 36, We originally developed the Nij duration greater than 13 milliseconds. passed HIC 15. We also note that for criterion using data from matched air AAMA also argued that HIC 36 pulse durations shorter than bag exposure tests, using anesthetized overestimates the risk of injury for long- approximately 25 milliseconds, the HIC pigs and the 3-year-old child dummy, duration head impacts with air bags. 15=700 requirement is more stringent conducted by Mertz et al. and Prasad et That organization cited a study where than the HIC 36=1000 requirement. We al. For the modified Nij, we decided to human volunteers who were restrained believe this increased stringency would use certain assumptions made by Mertz by air bags experienced HIC 36 greater provide a desirable added measure of (SAE paper No. 973318) in combining than 1000 and did not experience brain safety for the highly scaled, short the measured tension force and injury or skull fracture. duration HIC limits proposed for extension moment. Re-analysis of the We note that NHTSA has previously evaluating those impact events where data after applying these assumptions been asked to limit the HIC duration to children and small statured adults are results in new Nij tension and extension 15 or 17 milliseconds. In its earliest involved. Thus, we are proposing to intercept values for the 3-year-old form, the HIC was calculated over the employ a 15 millisecond time interval dummy with Nij=1. The resulting Nij=1 whole acceleration-time pulse duration whenever calculating the HIC function threshold limit represents a 22% without an imposed limiting time and limiting the maximum response of probability of Abbreviated Injury Scale interval. Essentially, HIC values were the adult male to 700 and limiting the (AIS) ≥3 neck injury using logistic calculated for all possible time response of the smaller dummies to regression. For this SNPRM, we are also increments starting with one suitably scaled maximums. using a scaling procedure recommended millisecond and ending with the whole AAMA recommended employing a by AAMA which takes into account the duration of the pulse including every failure strength of ligaments. The details time duration increment in between. scaling technique for HIC15 that accounts for the differences in geometry of the development of the revised Nij The maximum value from this entire set neck injury criteria and the revised Nij was the HIC value used. and failure properties between children On October 17, 1986, we issued a and adults. Several other researchers critical values for all dummy sizes are final rule adopting a maximum time have also recommended, using similar provided in the technical paper cited interval of 36 milliseconds for techniques and assumptions, scaled above. calculating HIC. 51 FR 37028. We performance limits for HIC15. We have As noted above, we requested recognized that available human also performed additional analysis using comments on performance limits of volunteer tests demonstrated that the finite element modeling to develop yet Nij=1 and Nij=1.4. After considering the probability of injury in long duration another approach to scaling HIC. comments, the available biomechanical events was low, but reasoned that the Recognizing that all of these techniques data, and testing which indicates that agency should take a cautious approach and the scaling relationships they the more conservative value of 1.0 can and not significantly change the produce are approximate, we have be met in current production vehicles, expected pass/fail ratios that the then combined these results to develop we are proposing a limit of 1.0. unlimited HIC provided. Evaluation of a modified, conservative, scaled HIC 3. Thoracic Injury Criteria 17 millisecond limit against various test performance limits for the various child sets from NCAP and FMVSS 208 testing dummies. For chest injury, we proposed two available at the time was found to alternatives in the NPRM: (1) A newly 2. Neck Injury Criteria reduce the failure rate from 46% to developed injury criterion called the 35%. This fact led us to reject a request In the NPRM, we proposed two Combined Thoracic Index (CTI), or (2) to reduce the HIC time interval to 15 to alternatives: (1) The Nij neck injury individual limits on chest acceleration 17 milliseconds without a criterion, for which we solicited and chest deflection. The CTI is a commensurate reduction of the comments on performance limits of formula that linearly combines maximum HIC value. Nij=1 and Nij=1.4, and (2) separate measured chest deflection and However, to somewhat accommodate limits on neck flexion, extension, acceleration levels into a single value to the apparent over-stringency of the tension, compression, and shear. AAMA which is then limited to a maximum limited HIC for long duration events, we and others commented that the Nij value. It was derived from our extensive did limit the maximum time interval to concept makes biomechanical sense. cadaver test data base and was 36 milliseconds. This allowed the However, they recommended the use of demonstrated to have the best injury maximum average long duration individual limits for neck forces and predictive capability of all measures acceleration to rise to a limit of 60 g’s. moments. Other commenters stated that examined. The second alternative Today’s proposal for reducing the 36 Nij=1 was more appropriate than consisted of individual limits for chest millisecond HIC time to 15 milliseconds Nij=1.4 for affording adequate acceleration and deflection, the differs from what we previously protection to children. Some approach currently used in Standard considered because it is accompanied commenters suggested even lower limits No. 208. The standard specifies, for the by a reduction in the maximum allowed for neck forces and moments for the 50th percentile adult male dummy, a 60 value of HIC from 1000 to 700. Based on child dummies. g acceleration limit and a 76 mm (3 an analysis of 295 recent NCAP tests, we inch) deflection limit. have determined that the stringency of After considering the comments, we Many commenters on the NPRM HIC15/700 and HIC36/1000 appear to be continue to believe that the recommended maintaining individual equivalent for long duration pulses. superposition of loads and moments limits for acceleration and deflection. This is because while the HIC 15 performed in the Nij calculation is the AAMA recommended that the produces a lower numerical value for most appropriate metric to quantify acceleration limit be maintained at 60 g long duration events, its lower failure neck injury risk. Therefore, in the but suggested that the deflection limit threshold, 700, compensates for this SNPRM, we are proposing Nij as the be reduced from 76 mm to 64 mm (3 reduction. This is borne out by the fact neck injury criterion. However, in light inches to 2.5 inches). Our analysis that of the 295 NCAP tests examined, of the comments, we have made some indicates that the recommended AAMA VerDate 29-OCT-99 17:08 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP3.XXX pfrm01 PsN: 05NOP3 60590 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules limits, when both at their maximum, loading on the lower extremities. We are time is a complex issue, especially would be at a CTI level of therefore not proposing femoral when it involves technology and approximately 1.2. However, because compressive load limits in the SNPRM. designs that are still under the CTI would allow greater The National Transportation Safety development. accelerations with lesser deflection and Board (NTSB) recommended that In the NPRM, taking account of all greater deflection with lesser tolerance levels of lower extremities be available information, including but not accelerations at allowable operational further investigated and validated. limited to the wide variety of available points, we believe the AAMA- NTSB also suggested that we consider technologies that can be used to recommended two independent level dummies such as an advanced lower improve air bags (and thereby meet the criterion would be somewhat more extremity dummy for future proposed requirements) and information stringent overall. Therefore, we believe incorporation into the standards. We are concerning where the different the CTI limit proposed in the NPRM and continuing the development of an suppliers and vehicle manufacturers AAMA’s recommended individual advanced lower extremity test device, were in developing and implementing limits are largely equivalent and that and continue to sponsor experimental available technologies, we proposed to there is a slight safety benefit to impact injury research to determine the phase in the new requirements in adopting the individual limits of 60 g’s mechanisms and tolerances of the lower accordance with the following of acceleration and 64 mm (2.5 inches) extremities, including the foot, ankle implementation schedule: of chest deflection for the 50th and leg. When this effort is complete, 25 percent of each manufacturer’s percentile adult male dummy. For the we will consider incorporating light vehicles manufactured during the SNPRM, we are proposing individual additional injury criteria into our safety production year beginning September 1, limits as recommended by AAMA. standards. 2002; To obtain equivalent performance The assessment of lower extremity 40 percent of each manufacturer’s limits for the other size dummies, i.e., injury potential in high speed offset light vehicles manufactured during the the 5th percentile adult female, 3- and deformable crash tests is discussed in a production year beginning September 1, 6-year-old child, and the 12-month-old separate section later in this notice. 2003; infant, the mid-size male dummy limits 70 percent of each manufacturer’s 5. Other Criteria were scaled considering both geometric light vehicles manufactured during the and material differences. As we consider adding new injury production year beginning September 1, criteria or modifying existing injury 2004; 4. Lower Extremity Injury Criteria criteria for Standard No. 208, it is All vehicles manufactured on or after Standard No. 208 currently specifies logical to consider whether the injury September 1, 2005. an axial load limit of 10kN (2250 criteria and performance limits we are We proposed a separate alternative to pounds) for the 50th percentile adult considering would be appropriate for address the special problems faced by male dummy, as measured by a load cell other safety standards, including limited line manufacturers in complying at the location of the mid-shaft of the Standards No. 201 and 213, particularly with phase-ins. We noted that a phase- femur. The purpose of the axial load if new child dummies were in generally permits vehicle limit on the femur is to reduce the incorporated into Standard No. 213. manufacturers flexibility with respect to probability of fracture of the femur and While we are not proposing to amend which vehicles they choose to initially also surrounding structures in the thigh, those standards in this rulemaking, we redesign to comply with new such as the patella and pelvis. In the request commenters to address whether requirements. However, if a NPRM, we proposed to maintain the the injury criteria and performance manufacturer produces a very limited current limit of 10 kN (2,250 pounds) limits proposed in this SNPRM would number of lines, e.g., one or two, a for the 50th percentile adult male and be appropriate for those standards, and phase-in would not provide such proposed a new scaled down limit of 6.8 why or why not. flexibility. kN (1,529 pounds) for the 5th percentile We accordingly proposed to permit adult female to account for the smaller D. Lead Time and Proposed Effective manufacturers which produce two or bone size for all proposed test Date fewer carlines the option of omitting the configurations. TEA 21 specifies that the final rule on first year of the phase-in if they achieve There was general support by advanced air bags must become effective full compliance effective September 1, commenters for including the femoral in phases as rapidly as practicable 2003. We proposed to limit this compressive loads for the 5th percentile beginning not earlier than September 1, alternative to manufacturers which adult female dummy specified in the 2002, and no sooner than 30 months produce two or fewer carlines in light of NPRM in addition to maintaining the after the issuance of the final rule, but the statutory requirement concerning currently specified value for the 50th not later than September 1, 2003. Except when the phase-in is to begin. percentile adult male dummy. In the as noted below, the phase-in of the As with previous phase-ins, we SNPRM, we are proposing the same required amendments must be proposed to exclude vehicles axial femur limits as the NPRM: 10 kN completed by September 1, 2005. If the manufactured in two or more stages and (2,250 pounds) for the 50th percentile phase-in of the rule does not begin until altered vehicles from the phase-in adult male and 6.8 kN (1,529 pounds) September 1, 2003, we are authorized to requirements. These vehicles would be for the 5th percentile adult female. delay the completion of the phase-in subject to the advanced air bag AAMA recommended adding femoral until September 1, 2006. As also noted requirements effective September 1, compressive load limits for the 6-year- below, other amendments may be 2005. They would, of course, be subject old child dummy. Although we agree phased-in later. to Standard No. 208’s existing with AAMA that femoral compressive As discussed in the NPRM, we have requirements before and throughout the load limits for the 6-year-old child sought information by a variety of phase-in. dummy are important to consider, the means to help us determine when the Also as with previous phase-ins, we NPRM did not specify such limits vehicle manufacturers can provide proposed amendments to 49 CFR Part because none of the proposed testing advanced air bag systems to consumers. 585 to establish reporting requirements configurations imposed substantial This is known as lead time. Vehicle lead to accompany the phase-in. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.153 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60591 A number of commenters raised the 25%–40%–70%–100% schedule because they have difficulty getting issues concerning the proposed phase- proposed in this document. One suppliers to sell to them at all, and in. We will discuss the issues separately example is a 40%–70%–100% schedule because some small volume for the large vehicle manufacturers and beginning one year later than the manufacturers source from large for small manufacturers and multi-stage proposed schedule, but ending at the manufacturers and may source parts manufacturers. same time. This alternative is like the from a model which will not comply proposed one, except that the first year until the end of the phase-in. AIAM 1. Large Manufacturers of the proposed phase-in is eliminated. stated that the law does not allow a Honda stated that it would be This alternative schedule would offer reasonable timetable for phase-in even virtually impossible to comply with the additional leadtime at the beginning of for large volume manufacturers, which proposed phase-in. It cited the number the phase-in, while not compromising will be given access to technology first, of tests, the need for new testing the final effective date for all new and that there is certainly no evidence facilities and personnel, and the lack of vehicles. With the availability of credits that small volume manufacturers have completed dummies. That company for early compliance, a manufacturer the ability to comply in the second year stated that assuming the final rule was also would have additional time to of the phase-in. reasonable and practical, it needs at develop and produce early-complying After considering the comments, we least three years leadtime after the final vehicles to meet the initial phase-in have decided to propose that small rule and before the start of the phase-in, percentages. volume manufacturers be permitted to and a five-year phase-in. Volvo also We recognize that simultaneous wait until the end of the phase-in to stated that it needs three years after the implementation of these various meet the new requirements. We note final rule. proposals will necessitate considerable that we are proposing to treat small We note that, for this particular care and effort by the vehicle volume manufacturers differently than rulemaking, we have limited discretion manufacturers. In a normal rulemaking, in previous rulemakings involving as to how much lead time we can we would have broad discretion to phase-ins because of two factors. provide. Under the statutory adjust the implementation schedule to The first factor is the complexity of requirements discussed earlier in this facilitate compliance. In this the new requirements. Even the more section, assuming that the final rule is rulemaking, our discretion to set the streamlined set of requirements issued on March 1, 2000, it must schedule for implementing the proposed in this SNPRM will require become effective in phases beginning amendments required by TEA 21 is significant design changes and not earlier than September 1, 2002 limited by that Act. As indicated above, significant new testing for all cars and (which is 30 months after March 1, our final rule must not provide that the light trucks. The second factor is the 2000) and not later than September 1, phasing-in of those amendments begins relatively short leadtime before the 2003. Moreover, there is a limit as to any later than September 1, 2003, or phase-in is scheduled to begin. how long the phase-in may be. If the ends any later than September 1, 2006. The proposed special treatment of phase-in begins on September 1, 2002, However, above and beyond our small volume manufacturers would be the required amendments must be fully discretion to adjust the amendments for in addition to our proposal to permit effective by September 1, 2005. Only if reasons of practicability, we also have limited line manufacturers to wait until the phase-in begins on September 1, some discretion to make temporary the second year of the phase-in to begin 2003 may the agency delay making the adjustments in them if, in our judgment, compliance if they then meet the new required amendments fully effective such adjustments are necessary or requirements for all of their vehicles. until September 1, 2006. prudent to promote the smooth and Because our new proposal for small Under the statute, the agency is effective implementation of the goals of volume manufacturers will have the therefore precluded from providing the TEA 21 through the introduction of effect of permitting them to avoid the five-year phase-in requested by Honda. advanced air bags. As discussed above, phase-in entirely, it is critical to Whether the phase-in begins on the final rule could temporarily reduce establish eligibility criteria that are as September 1, 2002 or September 1, the injury criteria or test speeds during narrow as possible. Accordingly, we are 2003, the required amendments must be the TEA 21 phase-in and then terminate proposing to limit this phase-in option fully effective not more than three years those reductions at the end or after the to manufacturers which produce fewer later. end of that phase-in. than 5,000 vehicles per year worldwide. For this SNPRM, we are proposing the We specifically request comments on same phase-in for large manufacturers 2. Small Manufacturers and Multi-Stage this proposed limitation. We note that as in the NPRM. The proposed date for Manufacturers COSVAM indicated that all of its the start of the phase-in, September 1, The Coalition of Small Volume members produce fewer than 5,000 2002, would be 30 months after a final Automobile Manufacturers (COSVAM) vehicles per year worldwide. However, rule that was issued on March 1, 2000. stated that the extra year of leadtime we that organization requested that we This proposed date reflects the proposed for small volume make this phase-in option available to seriousness of the safety problem being manufacturers is insufficient to meet its all manufacturers which produce fewer addressed and the statutory requirement members’ needs. That organization than 10,000 vehicles per year that the final rule become effective as requested that small volume worldwide. COSVAM did not explain rapidly as possible. Honda and Volvo manufacturers be treated the same as why it believes the limitation should be did not demonstrate that this date final stage manufacturers, i.e., not be set at this level. cannot be met. We note that, as required to meet the new requirements Several commenters, including the discussed earlier, several manufacturers for advanced air bags until the end of National Truck Equipment Association will be introducing air bags with many the phase-in. (NTEA) and the Recreation Vehicle of the features needed to comply with COSVAM stated that small volume Industry Association (RVIA), requested the proposed requirements for advanced manufacturers need until the end of the that multi-stage manufacturers and air bags during MY 2000. phase-in because they cannot obtain alterers be given a one-year extension Comments are requested on phase-in new technology at the same time it is after the end of the phase-in for large schedules and percentages other than made available to large manufacturers, manufacturers. NTEA stated that given VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.155 pfrm03 PsN: 05NOP3 60592 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules the level of research and testing likely dummies. Different size human beings proposal, retrofit on-off switches would to be required by the final rule, chassis respond differently in crashes, and it is not be available for vehicles certified to manufacturers will be hard pressed to therefore necessary to use different size the new advanced air bag requirements. complete work on time for their dummies to test for the injury risks We requested comments, however, on standard lineup of vehicles let alone posed to occupants of varying sizes. whether retrofit on-off switches should those chassis to be used by multi-stage Also, if a weight/pattern sensor in a seat continue to be available under eligibility industry. That organization stated that is designed to suppress air bags for criteria revised to be appropriately an extra year would give chassis children and not for adults, it is reflective of the capabilities of advanced manufacturers more time to generate necessary to test them both for children air bag technology. We observed that if compliance information needed for and adults. such switches were to be available at all, commercial vehicles produced in two or the criteria would need to be much E. Availability of Original Equipment more stages. narrower since the risks would be RVIA stated that guidance from and Retrofit Manual On-Off Switches smaller than they are currently. For incomplete vehicle manufacturers is As discussed in the NPRM, Standard example, the passenger air bag in a generally not available until at or very No. 208 currently includes a temporary vehicle with a weight sensor would not near the startup of new or updated provision permitting manufacturers to deploy at all in the presence of young model production and that, therefore, provide manual on-off switches for air children. Therefore, there would be no final stage manufacturers will need at bags in vehicles without rear seats or safety reason to permit a retrofit on-off least one additional year to meet the with rear seats too small to switch because of a need for a young new requirements. accommodate a RFCSS. This provision child to ride in the front seat. While we have carefully considered is scheduled to expire on September 1, Only a few commenters addressed the the comments, we are not proposing an 2000. However, in the NPRM, we issue of OE and retrofit on-off switches. additional extension for final stage proposed to extend this provision so Two basic positions were given: either manufacturers, beyond the end of the that it phases out as the new allow on-off switches regardless of the phase-in. We note that, as discussed requirements for advanced air bags are existence of advanced air bag above, we have limited discretion as to phased in. During the phase-in, OE technology, or phase-out the switches as how much leadtime we can provide. manual on-off switches would not be proposed in the NPRM. The central Under TEA 21, if the phase-in begins on available for vehicles certified to the issue to each position is whether the September 1, 2002, the final rule must upgraded requirements, but would be advanced air bag systems will be become fully effective by September 1, available for other vehicles under the sufficiently reliable to obviate the need 2005. There are no exceptions for multi- same conditions as they are currently for a manual switch. stage manufacturers. available. While we believe that reliable systems Moreover, we believe this is an issue Also as discussed in the NPRM, on can be developed in a timely manner, which can be handled by the industry. November 11, 1997, we published in the thus removing the need for an on-off Final stage manufacturers are used to Federal Register (62 FR 62406) a final switch, we are concerned that those completing vehicles within limitations rule exempting, under certain individuals who are currently at risk identified by chassis manufacturers so conditions, motor vehicle dealers and from air bags may lack confidence in the that they can certify their vehicles with repair businesses from the ‘‘make new systems, particularly when they are limited or no additional testing. We do inoperative’’ prohibition in 49 U.S.C. first introduced. However, we believe believe it is important that the chassis 30122 by allowing them to install this problem will diminish during the manufacturers communicate with their retrofit manual on-off switches for air course of the phase-in, as consumers final stage manufacturer customers as bags in vehicles owned by people whose hear about, and become familiar with, soon as possible concerning any new request for a switch is authorized by advanced air bags. limitations that may be made as a result NHTSA. The final rule is set forth as Accordingly, in this SNPRM, we are of the advanced air bag requirements. Part 595, Retrofit On-Off Switches for proposing to allow both OE switches The chassis manufacturers should be Air Bags. and retrofit switches to be installed able to identify the type and likely The purpose of the exemption was to under the same conditions that scope of any such new limitations well preserve the benefits of air bags while currently govern such installation in all before the end of the phase-in. Even reducing the risk of serious or fatal vehicles produced prior to September 1, now, the chassis manufacturers should injury that current air bags pose to 2005, the date by which all vehicles be able to identify the types of new identifiable groups of people. In issuing must have an advanced air bag system. limitations that are likely, given the that final rule, we explained that We believe that by that time consumer proposed requirements and planned although vehicle manufacturers are confidence in the advanced systems will design changes. We would encourage beginning to replace current air bags be sufficiently strong to remove any chassis manufacturers and final stage with new air bags having some desire for a manual switch in vehicles manufacturers to begin discussions on advanced attributes, i.e., attributes that produced with an advanced air bag. these issues now. will automatically minimize or avoid Atwood, a supplier of seating the risks created by current air bags, an F. Warning Labels and Consumer components, asked whether a generic interim solution was needed for those Information type test could be developed to groups of people at risk from current air As discussed in the NPRM, on eliminate testing the entire family of test bags in existing vehicles. November 27, 1996, we published in the dummies. That company stated that it In the NPRM, we proposed to phase Federal Register (61 FR 60206) a final runs sled tests consisting of baseline out the availability of this exemption in rule which, among other things, tests of OE components and additional the same manner as the temporary amended Standard No. 208 to require tests of its components. We do not provision permitting manufacturers to improved labeling on new vehicles to believe it would be possible to develop provide manual on-off switches for air better ensure that drivers and other a generic type test, for purposes of bags in vehicles without rear seats or occupants are aware of the dangers Standard No. 208, that could eliminate with rear seats too small to posed by passenger air bags to children. tests incorporating the family of accommodate a RFCSS. Under the These warning label requirements did VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.156 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60593 not apply to vehicles with passenger air developed which shows a cut-away side to explain the proper functioning of the bags meeting specified criteria. view of a vehicle with a belted driver advanced passenger air bag system and In the NPRM, we similarly proposed and a child in a child seat in the rear. provide a summary of the actions that that vehicles certified to the new In addition, we are proposing a new may affect the proper functioning of the advanced air bag requirements would temporary label that states that the system. not be subject to those warning label vehicle meets the new requirements for We anticipate that several topics requirements. We requested comments, advanced air bags. This label would would need to be addressed. The however, concerning whether any of the replace the existing temporary label and information provided might need to existing labeling requirements should be include statements regarding seat belt include discussions of the following retained for vehicles with advanced air use and children in rear seats. We topics, as appropriate: bags and/or whether any other labeling request comment on how and where • A presentation and explanation of requirements should be applied to these additional information regarding how the main components of the advanced vehicles. the vehicle complies and other passenger air bag system. Thirteen commenters addressed the information about the new air bags • An explanation of how the issue of retaining the existing air bag should be made available. The options components function together as part of warning labels, including under consideration include requiring the advanced passenger air bag system. manufacturers, manufacturer the information on the temporary label, • The basic requirements for proper associations, and consumer groups. At in the owners manual, or in a separate operation, including an explanation of least until the reliability of newer air required informational brochure. the occupant actions that may affect the bag designs are proven by experience, We are proposing to retain all other proper functioning of the system. all of the commenters supported the existing label requirements regarding • A complete description of any retention of a warning regarding the location, size, etc. for the new labels. passenger air bag suppression system importance of children in rear seats. Also, as with the current labels, installed in the vehicle including a Most supported the inclusion of a seat manufacturers may provide translations discussion of the suppression zone and belt use warning. Some commenters of the required English language a discussion of the telltale light on the also addressed the issue of requiring message as long as all the requirements instrument panel, explaining that the manufacturers to provide information for the English label are met, including light is only illuminated when the about which vehicles meet the new size.25 advanced passenger air bag system is requirements. Consumer groups strongly Consistent with our proposal to suppressed, is not illuminated when the supported such a requirement, while require labels for vehicles with advanced passenger air bag system is manufacturers and some others believed advanced air bags, we are proposing to activated, and informing the vehicle such a requirement was not necessary drop the current definition of ‘‘smart owner of the method used to indicate since the information would be passenger air bags’’ contained in S4.5.5 that the air bag suppression system is provided voluntarily. and the existing option to remove not operating properly. Given the importance of the safety warning labels in vehicles with air bags • An explanation of the interaction of information at issue and in light of the that meet that definition (S4.5.1). The the advanced passenger air bag system widespread support for continued term ‘‘smart air bag’’ is simply an older with other vehicle components, such as labeling, NHTSA is proposing a term for advanced air bag. For the seat belts, seats or other components. replacement for the permanent sun visor reasons discussed above, we believe that • A summary of the expected label for vehicles that meet the some warning label is needed for outcomes when child restraint systems, requirements of this proposed rule. The vehicles with advanced air bags. We children and small teenagers or adults label would contain statements also note that no manufacturer has taken are both properly and improperly regarding belt use and seating children advantage of the existing compliance positioned in the vehicle, including in the rear seat. These statements are option, and we believe that they will not cautionary advice against improper good general advice; however, NHTSA do so in the future. Manufacturers have placement of child restraint systems. requests comments on any currently urged us to develop a single warning • Tips and guidelines to improve known risks which would require more label that would apply to vehicles with consumer understanding of the proper specific statements. advanced air bags. Thus, even if they do use of the advanced passenger air bag The word ‘‘CAUTION’’ would be develop a system that meets the existing substituted for the word ‘‘WARNING’’ system. definition of smart passenger air bags, • Information on how to contact the in the heading of the label. According to we do not think they would decide to vehicle manufacturer concerning ANSI Z535.2, ‘‘WARNING indicates a produce vehicles without warning modifications for persons with potentially hazardous situation which, labels. disabilities that may affect the advanced if not avoided, could result in death or In order to provide consumers with air bag system. serious injury.’’ ‘‘CAUTION indicates a adequate information about their potentially hazardous situation which, occupant restraint system, a G. Miscellaneous Issues if not avoided, may result in minor or manufacturer would also need to 1. Selection of Child Restraints moderate injury. It may also be used to provide a written discussion of the As discussed earlier in this notice, in alert against unsafe practices.’’ Since vehicle’s advanced passenger air bag order to reduce testing costs, we are there are currently no known specific system. This discussion would probably proposing to require manufacturers to risks associated with advanced air bags, be included in the vehicle owner’s assure compliance with tests to ‘‘Caution’’ appears to be more manual, although we are interested in minimize the risks from air bags to appropriate as an alert against unsafe knowing whether it would be desirable infants and young children using any practices. to have this information located child restraint on a specified list of We believe that the existing graphic is elsewhere. The discussion would need inappropriate for air bags meeting these representative child restraints. In requirements, as this risk is specifically 25 For further information about our policies in developing the proposed list of tested for in the new requirements. this area, see 59 FR 11200, 11201–202, March 10, representative child restraints, we Therefore, a new graphic has been 1994. attempted to select seats that are VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.158 pfrm03 PsN: 05NOP3 60594 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules produced by various manufacturers test requirements. Vehicle Accordingly, for this SNPRM, we are while limiting the overall number of manufacturers commented that there proposing to maintain the same ‘‘due restraints. The list was derived from a may be greater variability associated care provision’’ for the new crash test much more comprehensive list of with the new proposed test requirements as for the existing ones. restraints to be purchased by NHTSA’s requirements than the old ones and that However, we are not proposing to apply Office of Vehicle Safety Compliance for the ‘‘due care provision’’ is needed more the provision to test requirements that use in the agency’s FY 2000 compliance than ever. do not involve crashes, as these tests are test program. In addressing this issue, we note that not affected by the variability associated We believe the more comprehensive the ‘‘due care provision’’ is unique to with dynamically induced dummy list represents the majority of child Standard No. 208. The provision was movement and/or vehicle deformation. restraints currently on the market. That initially adopted as part of the 1984 list was reduced, in part, by eliminating rulemaking requiring automatic 3. Selection of Options similar restraint systems, e.g., restraints protection, and was then extended as In the NPRM, we proposed to require that are sold as different models but the various crash test requirements were that where manufacturer options are which we believe provide the same extended. We did not, however, adopt a specified, the manufacturer must select footprint. For example, a particular ‘‘due care provision’’ for the subsequent the option by the time it certifies the restraint may come with both a T-shield crash or other dynamic tests in other vehicle and may not thereafter select a and a five-point harness system. We do standards, such as Standards No. 201 or different option for the vehicle. This not believe it would be necessary to test 214. would mean that failure to comply with a suppression system using both As a general matter, we disfavor the selected option would constitute a restraints, since the difference between including a ‘‘due care provision’’ in the noncompliance with the standard (as the two models is the type of system Federal motor vehicle safety standards. well as a violation of the certification used to restrain the child and not the There are several reasons for this. requirement), regardless of whether a basic design of the seat. We further First, the inclusion of such a vehicle complies with another option. shortened the comprehensive list by provision in a safety standard does not We noted situations in the past where eliminating restraints produced by a fit very well with the overall statutory vehicle manufacturers have advised us manufacturer who was already scheme. Safety standards are required to that they had selected one compliance represented at least once within the be objective. To the extent the question option, but then sought to change the particular class of child restraints. Other of whether a manufacturer exercised option after being confronted with an restraints, like the car bed, are the only due care becomes a compliance issue, a apparent test failure. one of their type and were placed on the measure of subjectivity is introduced Vehicle manufacturers objected to this list for that reason. into the standard. Also, the Safety Act proposed requirement. AAMA stated We have tentatively decided to add itself includes a different ‘‘due care that the proposed requirement would the list of child restraints as an provision.’’ While the statutory due care not meet the need for motor vehicle appendix to the proposed regulatory defense can relieve a manufacturer of safety, since both options meet the need text. However, we plan to propose paying civil penalties for failure to for motor vehicle safety. updating the list from time to time (with comply with a safety standard, it does For this SNPRM, we are not changing appropriate lead time). Of particular not relieve the manufacturer of recalling this part of our proposal, except to add concern is the introduction of child non-complying vehicles. a provision clarifying that upon request, restraints that will be developed to Second, we do not believe there is an manufacturers will be required to advise comply with the agency’s recently intrinsic need for a ‘‘due care the Office of Vehicle Safety Compliance issued rule on uniform child restraint provision.’’ Nothing in the history of (OVSC) of particular compliance anchorages. Standard No. 208 compliance activities options selected for a given vehicle or since 1984 indicates there is a need for vehicle model. We note that this issue 2. Due Care Provision such a provision. We also note, with has arisen in the context of several Since March 1986, Standard No. 208 respect to enforcement, that we have recent and ongoing rulemakings, and we has included as part of its various crash consistently taken the position that we are continuing to review the various test requirements a provision stating will not require a manufacturer to recall comments and other submissions from that ‘‘a vehicle shall not be deemed to large numbers of vehicles merely manufacturers concerning this issue. be in noncompliance with this standard because of an isolated test failure, where if its manufacturer establishes that it did there is evidence that other tested units 4. Relationship of the Proposed New not have reason to know in the exercise have met the standard’s performance Injury Criteria to Existing Test of due care that such vehicle is not in requirements and there is no indication Requirements conformity with the requirement of this of the absence of adequate quality In this SNPRM, we are proposing a standard.’’ In adding this provision, the control procedures. number of new and/or modified injury agency cited the complexity of the Notwithstanding the fact that we criteria and performance limits for Standard No. 208 test and stated that, generally disfavor including a ‘‘due care vehicles certified to the requirements for because of this complexity, it believed provision’’ in a safety standard, we also advanced air bags. Some of these injury that manufacturers needed assurance recognize that Standard No. 208 has criteria and performance limits would from the agency that, if they have made included such a provision as part of its apply to new tests, and some would a good faith effort in designing their crash test requirements for the past 13 apply to existing tests that are being vehicles and have instituted adequate years. Recognizing that this rulemaking retained in Standard No. 208. quality control measures, they will not for advanced air bags will require We are not proposing to change the face the recall of their vehicles because manufacturers to certify their vehicles to injury criteria for vehicles not certified of an isolated apparent failure to meet a significantly greater number of test to the requirements for advanced air one of the injury criteria. requirements in a limited amount of bags. As a general matter, vehicles In the September 1998 NPRM, we did time, we do not believe that now is an produced between the time the final not propose to extend the ‘‘due care appropriate time to delete this rule becomes effective and the time the provision’’ to the various new proposed provision. phase-in is complete will be required to VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.160 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60595 comply with and be certified to the uncertainty on the part of vehicle deployments that take place after rescue current requirements and current injury manufacturers and NHTSA as to when personnel or ‘‘first responders’’ begin criteria or to the requirements for the measured injury criteria are rescue operations. Many of the advanced air bags and new injury relevant. responding auto manufacturers criteria; there will be no opportunity to In dynamic crash tests, we historically (DaimlerChrysler, General Motors, Ford, mix and match. have not measured injury criteria more VW, Toyota and AIAM) saw no We believe it would be unnecessary than 300 milliseconds after the vehicle justification in going forward with and potentially counterproductive to impacts the barrier. In our experience, rescue provisions, believing that apply the new injury criteria or additional measurement is unnecessary. deactivation time requirements may performance limits to vehicles produced Accordingly, we are proposing a 300 limit design freedom. However, General in the next several years which are not millisecond time duration for the Motors pointed out that rescue certified to all of the requirements for dynamic crash tests. personnel frequently work under advanced air bags. It is our intention The low risk deployment tests, which conditions so adverse as to preclude that the vehicle manufacturers focus do not involve a complete vehicle crash easy ‘‘look-up’’ of the information they their attention on designing vehicles and are intended only to address the need to know about deactivation times that comply with the new requirements potential adverse effects of an air bag, for a given model and MY of vehicle in for advanced air bags, consistent with would not require as long a period of any published rescue guideline. The the phase-in period, rather than time to measure potential injuries. National Transportation Safety Board attempting in the short term to modify Accordingly, we are proposing injury stated that some universal method of and/or recertify existing vehicles to measurements up to 100 milliseconds deactivation should be incorporated meet new injury criteria. after the air bag deploys. into air bags to neutralize any potential We also do not believe it would be a Regardless of the time frame used to danger for rescuers. good use of our resources to conduct the measure other injury criteria, all We believe that a standardized air bag analyses that would be needed to dummies would continue to be required deactivation time would eliminate reevaluate what injury criteria and to remain fully contained within the test confusion and unnecessary delays limits should apply to what test vehicle until physically removed by a during rescue work. As stated in our requirements for vehicles not yet technician. recent publication titled ‘‘Rescue redesigned to meet the requirements for Procedures for Air Bag-equipped 6. Cruise Controls advanced air bags. We note that injury Vehicles,’’ the air bags in most vehicles criteria cannot be viewed in isolation. In the NPRM, we asked about possible are deactivated within a minute or less They apply both in the context of requirements for turning the cruise after battery power is disconnected. We individual tests and in the context of controls off when the air bag deploys. believe that deactivation times are arrays of tests. If the tests are more (or We were concerned that the cruise generally decreasing and that a one less) severe, the appropriate criteria may control, if not deactivated, would minute ‘‘keep alive’’ period is adequate be less (or more) severe. There may be continue to provide power to the for deployment requirements. no direct relationship between the two. vehicle. This could lead to a runaway Accordingly, we are proposing to As a possible exception to requiring condition. Responding auto require that all air bags become vehicles produced between the time the manufacturers (DaimlerChrysler, deactivated after a maximum one- final rule becomes effective and the time General Motors, Ford, Isuzu and the minute ‘‘keep alive’’ period has elapsed the phase-in is complete to comply with AIAM) saw no justification in turning after the vehicle battery power is and be certified to the current off the cruise controls when the air bag disconnected. Again, we have included requirements and current injury criteria deploys. Several commenters (JCW a brief procedure to test whether this or to the requirements for advanced air Consulting and Parents for Safer Air requirement is met. bags and new injury criteria, we request Bags) supported a requirement for 8. Assessing Lower Extremity Injury comments on whether we should permit deactivating cruise controls during a Potential in Offset Deformable Crash manufacturers to immediately certify crash. their vehicles to whatever set of We are concerned that cruise controls Tests unbelted crash test requirements could create a safety problem if they In the discussion about possible applicable to 50th percentile adult male continue to operate after air bag adoption of a 48 to 56 km/h (30 to 35 dummies is adopted for the final rule, deployment. No manufacturer provided mph) unbelted offset deformable barrier as an alternative to the currently information that its vehicles would not crash test, we note that the test would available sled test or unbelted up-to-48 continue to operate on cruise control have greater potential to produce km/h (30 mph) rigid barrier test. As after a crash for which the air bags benefits related to injury from intrusion. discussed earlier in this document, we deployed. Nor did any indicate that it This would include addressing injuries believe the sled test has significant would be impracticable, or even sustained by lower extremities, such as limitations as compared to a crash test. difficult, to implement an automatic air ankle/foot, tibia, knees, femurs, and the Therefore, to the extent vehicle bag shut-off system. Accordingly, we pelvis bone. This type of injury can manufacturers wished to immediately have decided to propose that cruise result in life-long disability. design and certify vehicles to whatever controls be deactivated when any stage Crash data indicate a higher set of unbelted crash test requirements of an air bag system is deployed. We prevalence of lower extremity injuries is included in the final rule, there could have included a brief procedure to test in offset frontal collisions than in fully be safety benefits. whether this requirement is met. distributed frontal impacts. Lower extremity injuries occur at higher 5. Time Parameters for Measuring Injury 7. Rescue Operations frequency at lower offset collision Criteria During Tests In the NPRM, we also raised the speeds than at comparable distributed We have decided to propose specific possibility of adding requirements to collisions, particularly if floor pan end points for measuring injury criteria prevent air bag deployments during intrusion is involved. Analysis of in both crash tests and low-risk rescue operations following a crash. We hospital data involving 42 front seat deployment tests in order to resolve any are aware of scattered reports of air bag occupants who sustained below-the- VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.161 pfrm03 PsN: 05NOP3 60596 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules knee lower limb injuries in frontal male Denton tibia and found no As indicated above, a potential crashes showed that the foot ankle- significant problems in its use for tibia significant advantage to adopting a 48 to complex accounted for nearly two thirds index measurement at the laboratory 56 km/h (30 to 35 mph) unbelted offset of all lower extremity trauma. This level, but have little experience in its deformable barrier crash test would be study indicated that direct foot contact application on dummies in vehicle the benefits associated with reducing with vehicle interior was the major crash tests. the number and severity of lower limb injury mechanism (approximately 70%) Inasmuch as the 5th percentile adult injuries. Recognizing the possibility of while inversion-eversion and female instrumented Denton tibia has adopting this test, we request comments dorsiflexion made up the rest of the been commercially available for less on how we should proceed in upgrading trauma. Since lower extremity injuries than a year, we have neither laboratory the 5th percentile adult female and 50th occur frequently, are disabling, and nor vehicle experience to determine its percentile adult male dummies so that involve large medical costs, vehicle utility and practicality when used as they are capable of measuring lower modifications to create a more part of the Subpart O dummy for lower limb injury potential, and in selecting/ crashworthy environment for the lower limb injury assessment purposes. developing appropriate injury criteria. extremities would be an effective means The prototype THOR–LX for the 50th 9. Hybrid III Dummy Neck to reduce the incidence and severity of percentile adult male Hybrid III dummy these injuries. has extensive biomechanical There have been crash test situations To assess the likelihood of lower limb benchmarking incorporating a number where the agency has observed high injuries in an offset deformable barrier of humanlike features, and is capable of neck moments being generated at the crash test, it would be necessary to assessing the potential of tibia, ankle upper load cell of the Hybrid III dummy modify the existing and proposed Part and foot injuries with an extensive array within 20 milliseconds of the initiation 572 dummies to add instrumentation to of sensors. The THOR–LX has had of large neck shear loads without the lower limbs. Currently, none of the limited application in sled tests and observing substantial angular Part 572 dummies incorporate vehicle crash tests both at NHTSA and deformation of the dummy neck. While instrumentation for measured at several vehicle manufacturers. we believe that these are true loads assessment of potential tibia and ankle- Completion of certification of being generated by the restraint system foot injuries. However, two prototype THOR–LX is currently and not artifacts of an inappropriately instrumented lower limb designs are expected by November 1, 1999. designed neck transducer, we are available for installation on Hybrid III Extensive subsequent tests will be uncertain whether this loading dummies. Denton, Inc. has been selling required to establish the repeatability condition is biomechanically realistic. since the mid-1980’s an instrumented and reproducibility of its commercial That is, the current Hybrid III neck tibia for the 50th percentile adult male version in laboratory and vehicle tests, exhibits considerable bending resistance dummy to assess tibia injury potential the consistency and utility of the (i.e., inflexibility) at its occipital primarily due to axial loading. This tibia measurements relative to the injury condyle joint. The inflexibility may is a direct replacement for the regular assessment potential and its merits in allow large moments to be transmitted Part 572 Subpart E non-instrumented comparison to the Denton design. to the neck by the head without much tibia. The other design, still at the The design of THOR–LX for the 5th relative motion. This, in turn, can create experimental-prototype stage is the percentile adult female dummy is still a situation in which the angular THOR–LX being developed under our to be completed, prototypes built, and deflection due to the applied moment is direction by General Engineering evaluated. Earliest estimated availability opposed and even sometimes nullified Systems Analysis Company (GESAC) of THOR–LX prototypes for the 5th by the superimposed angular deflection and Applied Safety Technologies percentile adult female Hybrid III induced by the neck’s shear force. Thus, Corporation (ASTC). The THOR–LX dummy is in late spring of 2000. high moments can be produced with includes tibia and an ankle foot Inasmuch as the design of the THOR–LX little observable rotational deformation complex with extensive has been sponsored by the government, of the neck. In contrast to this, the instrumentation. its availability for manufacturing will be human occipital condyle joint appears In October 1998, Denton, Inc., free of any restrictions. to have considerable laxity which announced commercial availability of a Injury assessment reference values requires it to experience significant 12 channel instrumented tibia for the (IARVs) for the Denton type design have rotation (± 20 degrees of the head with 5th percentile adult female Hybrid III been established and published in respect to C1) before it can sustain a dummy which can also be used as a several technical documents. The substantial moment across it. This direct replacement for the proposed IARVs, as published in proceedings of would suggest that rapid, high moments Subpart O dummy’s tibia. The Denton- the Advisory Group for Aerospace generated on a dummy without any design tibias are covered by Denton Research and Development (AGARD), concomitant head/neck rotation are patents and to the best of our knowledge specify for the 5th percentile adult possibly an artifact of Hybrid III’s neck Denton is its sole manufacturer and female dummy’s tibia an axial design and not necessarily a real load supplier. While the automotive compression limit of 5104 N (1,147 that contribute to the potential for neck manufacturers have used the Denton pounds), and a Tibia Index of 1 for injury. tibia for the assessment of injuries based which the critical bending moment is We seek comment on whether anyone on the tibia index, some researchers 115 N-m (1,018 lbfin.) and critical else using the Hybrid III dummy has have criticized this design for its compression force at 22.9 kN (5,148 experienced this rapidly produced high unusual geometry, which could induce pounds). moment/low angular deflection measurement errors. As a result, the IARVs for the THOR–LX are still to be condition, whether they agree or tibia index has been considered to be a developed. There is a considerable disagree with our analysis of the questionable injury assessment amount of biomechanics literature to mechanics and possible consequences parameter. See ESU paper 98–37–0–11, provide a basis for setting of appropriate of the situation, and whether they have SAE paper 962424 and SAE paper IARVs, but their interpretation for and any biomechanical data supporting 973301. We have performed limited applicability to the THOR–LX for injury either maintaining the current neck evaluation of the 50th percentile adult assessment purposes is still to be done. design or justifying its modification. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.163 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60597 We note that it would not be possible not adequately consider particular This analysis found that improved to modify in any significant way the issues raised in comments on the safety from vehicles passing the high current neck design within the time NPRM, they should raise those issues speed Alternative 1 proposals would frame of this rulemaking, i.e., before the again in commenting on the SNPRM. save 70 to 226 26 lives and prevent 342 March 1, 2000 deadline for a final rule. Moreover, they should not merely cite to 691 MAIS 2–5 injuries. Combining Moreover, we believe that dummies the old comments, but should explain the at-risk benefits and the high speed with the current neck are adequate for why they believe the issues remain Alternative 1 benefits results in a range measuring risk of neck injury in the valid in the context of the SNPRM. of benefits of 161 to 226 lives saved and proposed tests. To the extent that IV. Costs and Benefits 491 to 691 non-fatal MAIS 2–5 injuries commenters advocate modifying the prevented. neck, we ask them to address how We are placing in the docket a revised A similar analysis was prepared for Preliminary Economic Assessment dummies with the current neck should Alternative 2, however, there are such (PEA) to accompany this SNPRM. The be used in the final rule to measure risk limited data available that the impact is PEA analyzes the potential impact of the of neck injury. uncertain. To the best of our knowledge, proposed performance requirements and There is another technical issue no vehicles have been designed to a 35– associated test procedures for advanced related to the Hybrid III dummy neck for 56 kmph (22–35 mph) offset deformable air bag systems. A summary of the PEA which we are seeking public comment. barrier test. The analysis for Alternative follows. We request comments on the On the selection of data channel, SAE 2 uses test results from vehicles analyses and estimates of costs and J 211, paragraph 5, states ‘‘that selection designed to meet a 30 mph unbelted benefits presented in that document. of frequency response class is rigid barrier test. It is questionable dependent upon many considerations, Benefits whether this gives appropriate results some of which may be unique to a for the future benefits of such a test. particular test.’’ Further, SAE J211 notes The assessment provides analyses of that ‘‘(t)he channel class the safety benefits from tests that reduce Another set of analyses compares the recommendations for a particular the risk of injury from air bags in low- data available on redesigned MY 1998/ application should not be considered to speed crashes, as well as from tests that 99 air bags compared to pre-MY 1998 air imply that all the frequencies passed by improve the overall effectiveness of air bags to examine how well the that channel are significant for the bags in high speed crashes. For out-of- redesigned bags are doing compared to application.’’ In the case of head-to-air position occupants that are at risk of their predecessors. Based on the limited bag interaction, the agency observed being injured by air bags, the agency data available for analysis, redesigned that the specified channel frequency estimates that out of 45 at-risk drivers MY 1998/99 air bags appear to have class (CFC) for the neck at 1,000 for that would have been killed with pre- significantly reduced the fatality rate to force and 600 for the bending moment MY 1998 air bags, 21 to 39 would be out-of-position occupants in low-speed admits neck data that has spikes of very saved with low-risk air bags for the crashes (less than 25 mph delta V) to short duration that may not be driver side. The agency also estimates about 30 percent of the fatality rate of appropriate for evaluating the potential that out of 136 passengers that would pre-MY 1998 air bags. However, limited for neck injury to the human. have been killed with pre-MY 1998 air real-world data indicate no statistically Preliminary evidence indicates that the bags, 91 would be saved with weight significant difference in overall fatality human neck response under similar sensors and 122 to 132 would be saved rates between the pre-MY 1998 and MY impact would respond with with low-risk air bags. Of an estimated 1998/99 air bags. Most test data between considerably lower frequency response 37 drivers that would have an MAIS 3– matched pairs of air bag vehicles show class data, which implies that the neck 5 injury, 20 to 33 could be prevented by no difference for belted occupants and response data when processed for injury low-risk deployment air bags. Of an small differences for unbelted occupants assessment should be filtered to a lower estimated 218 passengers that would when comparing the pre-MY 1998 and CFC level than suggested by SAE J211. receive MAIS 3–5 injuries, about 149 MY 1998/99 air bags. Accordingly, the agency seeks could be prevented by a weight sensor The agency also estimated the benefits comments on an appropriate CFC for and 168 to 202 could be prevented with of an unbelted 29 to 40 kmph (18 to 25 evaluating data from neck load cells for a low-risk deployment air bag. mph) frontal rigid barrier test coupled injury assessment purposes and whether The PEA also contains estimates of with an increase in the belted test from that CFC should depend on the impact the benefits of incremental the current up to 48 kmph (30 mph) test environment (e.g., vehicle crash tests, improvements in safety compared to a to an up to 56 kmph (35 mph) test. out-of-position tests, etc.) baseline of pre-MY 1998 air bag vehicles Assuming all vehicles air bags were for each compliance scenario. These are designed to only meet the unbelted 25 H. Relationship Between the NPRM, calculated by taking the available test mph rigid barrier and oblique tests, an Comments on the NPRM and This data (based on vehicles designed to the estimated 214 to 397 lives saved by pre- SNPRM 48 kmph (30 mph) unbelted test) and MY 1998 air bags would not be saved. In developing this SNPRM, we have determining the benefits of bringing Assuming minor changes to the seat belt carefully considered all of the those test scores that are above the and air bag systems of these vehicles to comments received in response to the proposed injury criteria performance meet the 56 kmph (35 mph) belted test, NPRM. Moreover, as discussed levels down to the level of the proposal it is estimated that 6 to 13 belted throughout this document, we have in this SNPRM. This methodology occupant’s lives could be saved by made many changes in our proposal in assumes that manufacturers would increasing the belted test speed to 56 response to the public comments. make as few changes as possible to their kmph (35 mph). Overall, 201 to 391 Because our SNPRM differs fleet to meet the new proposals. Thus, lives saved by pre-MY 1998 air bags significantly in many aspects from the it does not assume that manufacturers might not be saved by the 48 kmph (25 NPRM, we do not contemplate any might completely redesign their air bag further consideration of the comments fleet if the final rule had a test for the 26 Estimated benefits from at-risk groups and high on the NPRM in developing the final high speed unbelted test other than the speed tests can not be added to get a total since rule. If any persons believe that we did 48 kmph (30 mph) rigid barrier test. there is an overlap in benefits. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.165 pfrm03 PsN: 05NOP3 60598 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules mph) unbelted/56 kmph (35 mph) damage cost savings because they The proposed rule would directly belted option. prevent air bags from deploying affect motor vehicle manufacturers and Sensitivity analyses are provided on unnecessarily. This saves repair costs to indirectly affect air bag manufacturers, increases in safety belt use and the replace the passenger side air bag, and seating manufacturers and dummy impact of using the MY 1998/99 air bags frequently to replace windshields manufacturers. as a baseline for determining benefits. damaged by the air bag deployment. For passenger car and light truck Sled Tests Property damage savings from these manufacturers, NHTSA estimates that requirements could total up to $85 over there are only about four small NHTSA performed several analyses to the lifetime of an average vehicle. This manufacturers in the United States. estimate the impact of using the sled amounts to a potential cost savings of These manufacturers serve a niche test in place of the 30 mph barrier test. nearly $1.3 billion. market, and the agency believes that One analytical approach assumed the small manufacturers do not manufacture Net Cost Per Fatality Prevented possibility that air bags designed to the even 0.1 percent of total U.S. passenger frontal sled test would provide benefits Based on the analysis which assumes car and light truck production per year. in full frontal impacts (12 o’clock manufacturers would make the minimal The agency notes that these strikes), but might provide no benefit in amount of changes necessary to meet manufacturers are already required to partial frontal impacts (10, 11, 1, and 2 the proposals, net costs per equivalent provide air bags and certify compliance o’clock strikes). This analysis estimates fatality prevented estimates were made. to Standard No. 208’s dynamic impact that if all passenger and driver side air Property damage savings have the requirements. Since the proposal would bags were changed to only provide potential to offset all, or nearly all of the add additional test requirements for air benefits in pure frontals, the only test cost of meeting this proposal. The bags, it would increase compliance costs mode in the sled test, there could be as maximum range of cost per equivalent for these, as well as other, vehicle many as 245 lives that would not be fatality saved from the scenarios manufacturers. saved by air bags every year for unbelted examined in this analysis is a net The agency does not believe that there occupants. savings of $1.3 million per equivalent are any small air bag manufacturers. While the generic sled test has been fatality saved to a net cost of $2.6 There are several manufacturers of part of FMVSS 208 since MY 1998, million per equivalent fatality saved. dummies and/or dummy parts. All of these vehicles were not designed from them are considered small businesses. the start with only the generic sled test V. Rulemaking Analyses and Notices While the proposed rule would not as the unbelted test, but were A. Executive Order 12866 and DOT impose any requirements on these redesigned from vehicles originally Regulatory Policies and Procedures manufacturers, it would be expected to designed to meet the pre-MY 1998 have a positive impact on these types of standards which included a 48 kmph NHTSA has considered the impact of small businesses by increasing demand (30 mph) unbelted rigid barrier test. this rulemaking action under Executive for dummies. Another set of analyses attempts to Order 12866 and the Department of provide estimates of the potential loss in Transportation’s regulatory policies and NHTSA notes that several hundred benefits if all vehicles were designed to procedures. This rulemaking document final stage vehicle manufacturers and the minimum performance of the is economically significant and was alterers could also be affected by this generic sled test instead of a full vehicle reviewed by the Office of Management proposal. These manufacturers buy barrier test in terms of impact severity and Budget under E.O. 12866, incomplete vehicles, add seating and speed. The agency estimates that ‘‘Regulatory Planning and Review.’’ The systems to vehicles without seats, and the generic sled test is equivalent to a rulemaking action has also been replace existing seats with new ones. If barrier test of 22 to 25 mph in velocity. determined to be significant under the a manufacturer uses a sensing system in The range of estimates are that 214 to Department’s regulatory policies and the seat for weight or presence sensing, 722 fewer fatalities could be prevented procedures. NHTSA is placing in the then the second-stage manufacturer or if all vehicles were designed to the public docket a Preliminary Economic alterer may need to use seats from the minimum requirements of a sled test. Assessment (PEA) describing the costs original manufacturer or will need to and benefits of this rulemaking action. rely on a seat manufacturer to provide Costs The costs and benefits are summarized the same technology. Otherwise the Potential compliance costs for this earlier in this document. second-stage manufacturer may need to use the existing seat or else certify proposal vary considerably and are B. Regulatory Flexibility Act dependent upon the method chosen by compliance with the standard after manufacturers to comply. Methods such NHTSA has considered the effects of replacing the seats. We do not have as modified fold patterns and inflator this rulemaking action under the estimates of the costs to these adjustments can be accomplished for Regulatory Flexibility Act (5 U.S.C. 601 manufacturers at this time. We request little or no cost. More sophisticated et seq.) We have prepared an Initial those manufacturers to submit estimates solutions such as proximity sensors can Regulatory Flexibility Analysis (IFRA), as part of their comments on this increase costs significantly. The range of which is part of the PEA. The IFRA SNPRM. potential costs for the compliance tentatively concludes that the proposal NHTSA knows of 11 suppliers of scenarios examined in this analysis is could affect a substantial number of seating systems that are small $20–$127 per vehicle (1997 dollars). small businesses, but the economic businesses. There are about 10 suppliers This amounts to a total potential annual impact on a substantial number of small of seating systems that are not small cost of up to $2 billion, based on 15.5 businesses need not be significant. businesses. The small businesses serve million vehicle sales per year. Small organizations and small a niche market and provide seats for less governmental units would not be than two percent of vehicles. Depending Property Damage Savings significantly affected since the potential on the technology chosen to meet the Compliance methods that involve the cost impacts associated with this proposed advanced air bag rule, these use of suppression technology have the proposed action should only slightly suppliers will need to keep up with potential to produce significant property affect the price of new motor vehicles. emerging technology. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.166 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60599 The agency believes that the likely to result in the expenditure by 2127–0512, Consolidated Labeling economic impact on many of the State, local or tribal governments, in the Requirements for Motor Vehicles manufacturers affected by this proposal aggregate, or by the private sector, of (Except the Vehicle Identification would be small. While the small vehicle more than $100 million annually Number). This clearance will expire on manufacturers would face additional (adjusted for inflation with base year of 6/30/2001, and is cleared for 71,095 compliance costs, the agency believes 1995). These effects are discussed above burden hours on the public. that air bag suppliers would likely in Section IV of this preamble and in the NHTSA estimates that the air bag provide much of the engineering PEA. The preamble and the PEA also warning labels would increase the expertise necessary to meet the new identify and consider a reasonable information burden on the public as requirements, thereby helping to keep number of regulatory alternatives for follows. There are 24 motor vehicle the overall impacts small. The agency achieving the objectives of TEA 21. manufacturers that would be affected by also notes that, in the unlikely event Given the requirement that an agency the air bag warning label requirement, that a small vehicle manufacturer did issuing a final rule subject to the Act and the labels would be placed on face substantial economic hardship, it select the ‘‘least costly, most cost- approximately 15,000,000 vehicles per could apply for a temporary exemption effective or least burdensome alternative year. The label would be placed on each for up to three years. See 49 CFR Part that achieves the objectives of the rule,’’ vehicle once. Since NHTSA would 555. It could subsequently apply for a we request comments that will aid the specify the exact content of the labels, renewal of such an exemption. The agency in making that selection. the manufacturers would spend 0 hours greatest burden would likely be borne developing the labels. The technical F. Executive Order 12778 (Civil Justice burden (time required for affixing by seating manufacturers who do not Reform) supply seats to anyone other than labels) would be .0002 hours per label. second-stage manufacturers and alterers. This proposed rule does not have any NHTSA estimates that the total annual Depending on the technology employed retroactive effect. Under section 49 burden imposed on the public as a by the vehicle manufacturers, these U.S.C. 30103, whenever a Federal motor result of the air bag warning labels seating manufacturers may need to vehicle safety standard is in effect, a would be 3,000 hours (15 million engage in new business arrangements to state may not adopt or maintain a safety vehicles multiplied by .0002 hours per permit their seats to work with an standard applicable to the same aspect label). Since the proposed labels would existing sensing system. While the of performance which is not identical to replace existing labels, this constitutes proposed requirements would increase the Federal standard, except to the no additional burden on manufacturers. the demand for dummies, thereby extent that the state requirement Another way of estimating the burden having a positive impact on dummy imposes a higher level of performance associated with the labels is to assess manufacturers, the agency does not and applies only to vehicles procured the non-time related burden, i.e., the believe that such increased demand for the State’s use. 49 U.S.C. 30161 sets costs. The agency requests comments on would be sufficient to create a forth a procedure for judicial review of the costs associated with labeling. significant economic impact on the final rules establishing, amending or Advanced Air Bag Information in the dummy manufacturers. The agency revoking Federal motor vehicle safety Owner’s Manual—This rulemaking requests comments concerning the standards. That section does not require would require advanced air bag economic impact on small vehicle submission of a petition for information in the owner’s manual that manufacturers and dummy reconsideration or other administrative is additional to the information already manufacturers. proceedings before parties may file suit required under the standard. At present, Additional information concerning in court. OMB has approved NHTSA’s collection of owner’s manual requirements under the potential impacts of the proposed G. Paperwork Reduction Act requirements on small entities is OMB clearance no. 2127–0541 presented in the PEA. If made final, this supplemental Consolidated Justification of Owner’s notice of proposed rulemaking would Manual Requirements for Motor C. National Environmental Policy Act include the following ‘‘collections of Vehicles and Motor Vehicle Equipment. NHTSA has analyzed this proposed information,’’ as that term is defined in This collection includes the burdens amendment for the purposes of the 5 CFR Part 1320 Controlling Paperwork that would be imposed as a result of National Environmental Policy Act and Burdens on the Public: owners’ manual information about air determined that it would not have any Air Bag Phase-In Reporting bags. This clearance will expire on 10/ significant impact on the quality of the Requirements—Once a year for four 31/2001 and is cleared for 1,371 burden human environment. years, manufacturers would be required hours on the public. to report to NHTSA their annual Public comment is sought on D. Executive Order 12612 (Federalism) production of vehicles with advanced NHTSA’s estimate of the additional The agency has analyzed this air bags. As previously explained, we burden imposed on the public by the air proposed amendment in accordance have proposed a four year phase-in bag warning label and whether the with the principles and criteria set forth period that ends in 2005. The Office of SNPRM would impose ‘‘collections of in Executive Order 12612. NHTSA has Management and Budget has approved information’’ in addition to that for determined that the proposed NHTSA’s collection of this information, which NHTSA has already obtained amendment does not have sufficient assigning the collection OMB clearance clearances from OMB. federalism implications to warrant the no. 2127–0599. If this rule is made final, H. Regulation Identifier Number (RIN) preparation of a Federalism Assessment. there would be 1,260 burden hours a year on the public resulting from this The Department of Transportation E. Unfunded Mandates Act collection. assigns a regulation identifier number The Unfunded Mandates Reform Act Air Bag Warning Labels—New air bag (RIN) to each regulatory action listed in of 1995 requires agencies to prepare a warning labels are proposed in this the Unified Agenda of Federal written assessment of the costs, benefits SNPRM. At present, OMB has approved Regulations. The Regulatory Information and other effects of proposed or final NHTSA’s collection of labeling Service Center publishes the Unified rules that include a Federal mandate requirements under OMB clearance no. Agenda in April and October of each VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.168 pfrm03 PsN: 05NOP3 60600 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules year. You may use the RIN contained in activities unless doing so would be • Offer specific alternatives. the heading at the beginning of this inconsistent with applicable law (e.g., • Refer your comments to specific document to find this action in the the statutory provisions regarding sections of the SNPRM, such as the Unified Agenda. NHTSA’s vehicle safety authority) or units or page numbers of the preamble, otherwise impractical. In meeting that or the regulatory sections. I. Plain Language requirement, we are required to consult • Be sure to include the name, date, Executive Order 12866 and the with voluntary, private sector, and docket number with your President’s memorandum of June 1, consensus standards bodies. Examples comments. 1998, require each agency to write all of organizations generally regarded as How do I Prepare and Submit rules in plain language. Application of voluntary consensus standards bodies Comments? the principles of plain language include the American Society for includes consideration of the following Testing and Materials (ASTM), the Your comments must be written and questions: Society of Automotive Engineers (SAE), in English. To ensure that your —Have we organized the material to suit and the American National Standards comments are correctly filed in the the public’s needs? Institute (ANSI). If NHTSA does not use Docket, please include the docket —Are the requirements in the rule available and potentially applicable number of this document in your clearly stated? voluntary consensus standards, we are comments. —Does the rule contain technical required by the Act to provide Congress, Your comments must not be more language or jargon that is not clear? through OMB, an explanation of the than 15 pages long. (49 CFR 553.21). We —Would a different format (grouping reasons for not using such standards. established this limit to encourage you and order of sections, use of headings, We have incorporated the out-of- to write your primary comments in a paragraphing) make the rule easier to position tests one and two developed by concise fashion. However, you may understand? the International Standards attach necessary additional documents —Would more (but shorter) sections be Organization (ISO) as part of the to your comments. There is no limit on better? proposed low-risk deployment tests for the length of the attachments. —Could we improve clarity by adding the out-of-position 5th percentile adult Please submit two copies of your tables, lists, or diagrams? female on the driver-side air bag and for comments, including the attachments, —What else could we do to make the the 6-year-old child on the passenger- to Docket Management at the address rule easier to understand? side air bag. No other voluntary given above under ADDRESSES. In addition, for those comments of 4 If you have any responses to these consensus standards are addressed by this rulemaking. or more pages in length, we request that questions, please include them in your you send 10 additional copies, as well comments on this SNPRM. VI. Submission of Comments as one copy on computer disc, to: Mr. J. Executive Order 13045 How Can I Influence NHTSA’s Thinking Clarke Harper, Chief, Light Duty Vehicle Division, NPS–11, National Highway Executive Order 13045 (62 FR 19885, on This Proposed Rule? Traffic Safety Administration, 400 April 23, 1997) applies to any rule that: In developing this SNPRM, we tried Seventh Street, SW, Washington, DC (1) Is determined to be ‘‘economically to address the concerns of all our 20590. We emphasize that this is not a significant’’ as defined under E.O. stakeholders. Your comments will help requirement. However, we ask that you 12866, and (2) concerns an us improve this rule. We invite you to do this to aid us in expediting our environmental, health or safety risk that provide different views on options we review of all comments. The copy on NHTSA has reason to believe may have propose, new approaches we have not computer disc may be in any format, a disproportionate effect on children. If considered, new data, how this although we would prefer that it be in the regulatory action meets both criteria, proposed rule may affect you, or other WordPerfect 8. we must evaluate the environmental relevant information. We welcome your Comments may also be submitted to health or safety effects of the planned views on all aspects of this proposed the docket electronically by logging onto rule on children, and explain why the rule, but request comments on specific the Dockets Management System planned regulation is preferable to other issues throughout this document. We website at http://dms.dot.gov. Click on potentially effective and reasonably grouped these specific requests near the ‘‘Help & Information’’ or ‘‘Help/Info’’ to feasible alternatives considered by us. end of the sections in which we discuss obtain instructions for filing the This rulemaking directly involves the relevant issues. Your comments will document electronically. decisions based on health risks that be most effective if you follow the disproportionately affect children, suggestions below: How Can I Be Sure That My Comments namely, the risk of deploying air bags to Explain your views and reasoning as Were Received? children. However, this rulemaking clearly as possible. If you wish Docket Management to serves to reduce, rather than increase, • Provide solid technical and cost notify you upon its receipt of your that risk. data to support your views. comments, enclose a self-addressed, • K. National Technology Transfer and If you estimate potential costs, stamped postcard in the envelope explain how you arrived at the estimate. containing your comments. Upon Advancement Act • Tell us which parts of the SNPRM receiving your comments, Docket Section 12(d) of the National you support, as well as those with Management will return the postcard by Technology Transfer and Advancement which you disagree. mail. Act (NTTAA) requires NHTSA to • Provide specific examples to evaluate and use existing voluntary illustrate your concerns. How Do I Submit Confidential Business consensus standards 27 in its regulatory Information? or design-specific technical specifications and If you wish to submit any information 27 Voluntary consensus standards are technical related management systems practices.’’ They standards developed or adopted by voluntary pertain to ‘‘products and processes, such as size, under a claim of confidentiality, you consensus standards bodies. Technical standards strength, or technical performance of a product, should submit three copies of your are defined by the NTTAA as ‘‘performance-based process or material.’’ complete submission, including the VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.169 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60601 information you claim to be confidential periodically check the Docket for new petitions filed by interested parties to business information, to the Chief material. initiate rulemaking to add a test Counsel, NHTSA, at the address given procedure to 49 CFR 571.208, S28. List of Subjects above under FOR FURTHER INFORMATION § 552.12 Definitions. CONTACT. In addition, you should 49 CFR Part 552 submit two copies, from which you For purposes of this subpart, the Administrative practice and following definitions apply: have deleted the claimed confidential procedure, Motor vehicle safety, business information, to Docket (a) Dynamic automatic suppression Reporting and recordkeeping system (DASS) means a portion of an air Management at the address given above requirements. under ADDRESSES. When you send a bag system that automatically controls comment containing information 49 CFR Part 571 whether or not the air bag deploys during a crash by: claimed to be confidential business Imports, Motor vehicle safety, (1) Sensing the location of an information, you should include a cover Reporting and recordkeeping occupant, moving or still, in relation to letter setting forth the information requirements, Tires. specified in our confidential business the air bag; information regulation. (49 CFR Part 49 CFR Part 585 (2) Interpreting the occupant 512.) Motor vehicle safety, Reporting and characteristics and location information recordkeeping requirements. to determine whether or not the air bag Will the Agency Consider Late should deploy; and Comments? 49 CFR Part 595 (3) Activating or suppressing the air We will consider all comments that Imports, Motor vehicle safety, Motor bag system based on the interpretation Docket Management receives before the vehicles. of characteristics and occupant location close of business on the comment In consideration of the foregoing, information. closing date indicated above under NHTSA proposes to amend 49 CFR (b) Automatic suppression zone or DATES. To the extent possible, we will Chapter V as follows: ASZ means a three-dimensional zone also consider comments that Docket adjacent to the air bag cover, specified Management receives after that date. If PART 552ÐPETITIONS FOR by the vehicle manufacturer, where air Docket Management receives a comment RULEMAKING, DEFECT, AND NON- bag deployment will be suppressed by too late for us to consider it in COMPLIANCE ORDERS the DASS if a vehicle occupant enters the zone under specified conditions. developing a final rule (assuming that 1. The authority citation for Part 552 one is issued), we will consider that (c) Standard No. 208 means 49 CFR of Title 49 would continue to read as 571.208. comment as an informal suggestion for follows: future rulemaking action. § 552.13 Form of petition. Authority: 49 U.S.C. 30111, 30118, and How Can I Read the Comments 30162; delegation of authority at 49 CFR 1.50. Each petition filed under this subpart Submitted by Other People? shall— § 552.1 through 552.10 [Redesignated as (a) Be submitted to: Administrator, You may read the comments received Subpart A] National Highway Traffic Safety by Docket Management at the address Administration, 400 Seventh Street, given above under ADDRESSES. The 2. Sections 552.1 through 552.10 would be designated as Subpart A and S.W., Washington, DC 20590. hours of the Docket are indicated above (b) Be written in the English language. in the same location. a new subpart heading would be added to read as follows: (c) State the name and address of the You may also see the comments on petitioner. the Internet. To read the comments on Subpart AÐGeneral (d) Set forth in full the data, views the Internet, take the following steps: and arguments of the petitioner (1) Go to the Docket Management 3. A new subpart B would be added supporting the requested test procedure, System (DMS) Web page of the to Part 552 to read as follows: including all of the content information Department of Transportation (http:// Subpart BÐPetitions for Expedited specified by § 552.14. Any documents dms.dot.gov/). Rulemaking To Establish Dynamic incorporated by reference in the (2) On that page, click on ‘‘search.’’ Automatic Suppression System Test procedure must be submitted with the (3) On the next page (http:// Procedures for Federal Motor Vehicle petition. dms.dot.gov/search/), type in the four- Safety Standard No. 208, Occupant Crash (e) Specify and segregate any part of digit docket number shown at the Protection the information and data submitted that beginning of this document. Example: If Sec. the petitioner wishes to have withheld the docket number were ‘‘NHTSA– 552.11 Application. from public disclosure in accordance 1998–1234,’’ you would type ‘‘1234.’’ 552.12 Definitions. with Part 512 of this chapter. After typing the docket number, click on 552.13 Form of petition. (f) Not request confidential treatment ‘‘search.’’ 552.14 Content of petition. 552.15 Processing of petition. for any aspect of the requested test (4) On the next page, which contains procedure and, to the extent docket summary information for the Subpart BÐPetitions for Expedited confidential treatment is requested docket you selected, click on the desired Rulemaking To Establish Dynamic concerning a particular DASS or data comments. You may download the Automatic Suppression System Test and analysis submitted in support of the comments. Procedures for Federal Motor Vehicle petition, provide a general non- Please note that even after the Safety Standard No. 208, Occupant confidential description of the operation comment closing date, we will continue Crash Protection of the DASS and of the data and to file relevant information in the analysis supporting the petition. Docket as it becomes available. Further, § 552.11 Application. (g) Set forth a requested effective date some people may submit late comments. This subpart establishes procedures and be submitted at least nine months Accordingly, we recommend that you for the submission and disposition of before that date. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.171 pfrm03 PsN: 05NOP3 60602 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules § 552.14 Content of petition. procedure must also include a means of (iii) The procedure used for locating The petitioner shall provide the determining when the specified test the test device inside a test vehicle in following information: device occupies the ASZ. preparation for testing, including an (a) A set of proposed test procedures (b) A complete description and accounting of the reference points used for S28.1, S28.2, S28.3, and S28.4 of explanation of the particular DASS that to specify such location. Federal Motor Vehicle Safety Standard the petitioner believes will be (iv) An explanation of the methods No. 208 which the petitioner believes appropriately assessed by the used to measure the amount of time are appropriate for assessing a particular recommended test procedures. This needed by a suppression system to dynamic automatic suppression system. must include: suppress an air bag once a suppression (1) For S28.1 of Standard No. 208, the (1) A complete description of the logic triggering event occurs. petitioner shall specify at least one used by the DASS in determining (v) High speed film or video of at least specific position for the Part 572, whether to suppress the air bag or allow two tests of the DASS using the subpart O 5th percentile female dummy it to deploy. Such description must proposed test procedure. that is: include flow charts or similar materials (vi) Data generated from not less than (i) Outside but adjacent to the ASZ, outlining the operation of the system two tests of the DASS using the and logic, the system reaction time, the time proposed test procedure, including an (ii) Representative of an occupant duration used to evaluate whether the account of the data streams monitored position that is likely to occur during a air bag should be suppressed or during testing and complete samples of frontal crash. deployed, changes, if any, in system these data streams from not less than (2) For S28.2 of Standard No. 208, the performance based on the size of an two tests performed under the proposed petitioner shall specify at least one occupant and vehicle speed, and a procedure. specific position for the Part 572 description of the size and shape of the (d) Analysis concerning the variety of Subpart P 3-year-old child dummy and zone where under similar circumstances potential DASS designs for which the at least one specific position for the Part and conditions the DASS may either requested test procedure is appropriate; 572 Subpart N 6-year-old child dummy allow or suppress deployment. Such e.g., whether the test procedures are that are: description shall also address whether appropriate only for the specific DASS (i) Outside but adjacent to the ASZ, and how the DASS discriminates design contemplated by the petitioner, and between an occupant’s torso or head for all DASS designs incorporating the (ii) Representative of occupant entering the ASZ as compared to an same technologies, or for all DASS positions that are likely to occur during occupant’s hand or arm, and whether designs. a frontal crash where pre-crash braking and how the DASS discriminates § 552.15 Processing of petition. occurs. between an occupant entering the ASZ (3) For S28.3 of Standard No. 208, the and an inanimate object such as a (a) NHTSA will process any petition petitioner shall specify a procedure newspaper or ball entering the ASZ. that contains the information specified which tests the operation of the DASS (2) Detailed specifications for the size by this subpart. If a petition fails to by moving a test device toward the and shape of the ASZ, including provide any of the information, NHTSA driver air bag in a manner that simulates whether the suppression zone is will not process the petition but will the motion of an occupant during pre- designed to change size or shape advise the petitioner of the information crash braking or other pre-crash depending on the vehicle speed, that must be provided if the agency is maneuver. The petitioner shall include occupant size, or other factors. to process the petition. The agency will a complete description, including (c) Analysis and data supporting the seek to notify the petitioner of any such drawings and instrumentation, of the appropriateness, repeatability, deficiency within 30 days after receipt test device employed in the proposed reproducibility and practicability of of the petition. test. The petitioner shall include in the each of the proposed test procedures. (b) At any time during the agency’s procedure a means for determining (1) For the procedures proposed for consideration of a petition submitted whether the driver air bag was inclusion in S28.1 and S28.2 of under this part, the Administrator may suppressed before any portion of the Standard No. 208, the petitioner shall request the petitioner to provide specified test device entered the ASZ provide the basis for the proposed additional supporting information and during the test. The procedure must also dummy positions, including but not data and/or provide a demonstration of include a means of determining when limited to, why the positions are any of the requested test procedures. the specified test device occupies the representative of what is likely to occur The agency will seek to make any such ASZ. in real world crashes. request within 60 days after receipt of (4) For S28.4 of Standard No. 208, the (2) For the procedures proposed for the petition. Such demonstration may petitioner shall specify a procedure inclusion in S28.3 and S28.4 of be at either an agency designated facility which tests the operation of the DASS Standard No. 208, the petitioner shall or one chosen by the petitioner, by moving a test device toward the provide: provided that, in either case, the facility passenger air bag in a manner that (i) A complete explanation of the must be located in North America. If simulates the motion of an occupant means used in the proposed test to such a request is not honored to the during pre-crash braking or other pre- ascertain whether the air bag is satisfaction of the agency, the petition crash maneuver. The petitioner shall suppressed or activated during the test. will not receive further consideration include a complete description, (ii) A complete description of the until the requested information is including drawings and means used to evaluate the ability of a submitted. instrumentation, of the test device dynamic system to detect and respond (c) The agency will publish in the employed in the proposed test. The to an occupant moving toward an air Federal Register either a Notice of petitioner shall include in the procedure bag, including the method used to move Proposed Rulemaking proposing a means for determining whether the a test device toward an air bag at speeds adoption of the requested test passenger air bag was suppressed before representative of occupant movement procedures, possibly with changes and/ any portion of the specified test device during pre-crash braking or other pre- or additions, or a notice denying the entered the ASZ during the test. The crash maneuver. petition. The agency will seek to issue VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.172 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60603 either notice within 120 days after pressurized fluid or gas, and to S4.5.1 Labeling and owner’s manual receipt of a complete petition. However, explosive devices, for use in the above information. this time period may be extended by types of motor vehicles as part of a * * * * * any time period during which the system designed to provide protection (b) * * * agency is awaiting additional to occupants in the event of a crash. (1) Except as provided in S4.5.1(b)(2), information it requests from the (b) Notwithstanding any language to each vehicle shall have a label petitioner or is awaiting a requested the contrary, any vehicle manufactured permanently affixed to either side of the demonstration. The agency after March 19, 1997 and before sun visor, at the manufacturer’s option, contemplates a 30 day comment period September 1, 2005 that is subject to a at each front outboard seating position for any Notice of Proposed Rulemaking, dynamic crash test requirement that is equipped with an inflatable and will endeavor to issue a final rule conducted with unbelted dummies may restraint. The label shall conform in within 60 days thereafter. meet the requirements specified in S13 content to the label shown in either instead of the applicable unbelted Figure 6a or 6b of this standard, as PART 571ÐFEDERAL MOTOR requirement, unless the vehicle is appropriate, and shall comply with the VEHICLE SAFETY STANDARDS certified to meet the requirements requirements of S4.5.1(b)(1)(i) through 4. The authority citation for Part 571 specified in S14.3, S15, S17, S19, S21, S4.5.1(b)(1)(iv). of Title 49 would continue to read as S23, S25, S30, and S32. (i) The heading area shall be yellow follows: (c) For vehicles which are certified to with the word ‘‘WARNING’’ and the Authority: 49 U.S.C. 322, 30111, 30115, meet the requirements specified in S13 alert symbol in black. 30117, and 30166; delegation of authority at instead of the otherwise applicable (ii) The message area shall be white 49 CFR 1.50. dynamic crash test requirement with black text. The message area shall be no less than 30 cm2 (4.7 in2). 5. Section 571.208 would be amended conducted with unbelted dummies, (iii) The pictogram shall be black with by revising S3, S4.5.1 heading, compliance with S13 shall, for purposes a red circle and slash on a white S4.5.1(b)(1), S4.5.1(b)(2), 4.5.1(e), of Standards No. 201, 203 and 209, be background. The pictogram shall be no S4.5.1(f), S4.5.4, S5.1, S5.1.1, S5.1.2, deemed as compliance with the less than 30 mm (1.2 inches) in S6.1, S6.2, 6.4, S8.1.5 and S13, unbelted frontal barrier requirements of diameter. removing S4.5.5, adding S4.1.5.4, S5.1. (iv) If the vehicle does not have a back S4.2.6.3, S4.7, S4.8, S4.9, S5.4, S5.4.1, * * * * * seat, the label shown in Figure 6a or 6b S5.4.2, S5.4.2.1, S5.4.2.2, S5.4.2.3, S4.1.5.4 Passenger cars certified to may be modified by omitting the S5.4.2.4, S6.6, S6.7, S14 through S33.5, S14. At each front outboard designated statement: ‘‘The BACK SEAT is the and adding new figures 8, 9 and 10 in seating position meet the frontal crash SAFEST place for children.’’ numerical order and adding Appendix protection requirements of S5.1.2 [under (2) Vehicles manufactured after A at the end of the section after the Alternative 1] [or] S5.4 [under September 1, 2002 and certified to meet figures to read as follows: Alternative 2] by means that require no the requirements specified in S19, S21, action by vehicle occupants. A vehicle § 571.208 Standard No. 208; Occupant and S23, shall have a label permanently crash protection. shall not be deemed to be in affixed to either side of the sun visor, at noncompliance with this standard if its [Proposed high speed test Alternative the manufacturer’s option, at each front manufacturer establishes that it did not 1—unbelted rigid barrier (29–48 km/h) outboard seating position that is have reason to know in the exercise of (18–30 mph), belted rigid barrier (0–48 equipped with an inflatable restraint. due care that such vehicle is not in km/h) (0–30 mph)—consists of The label shall conform in content to conformity with the requirement of this proposed sections S5.1.1, S5.1.2, S6.1, the label shown in Figure 8 of this standard. S6.2(b), S6.3, S6.4(b), S6.5, S6.6, S6.7, standard and shall comply with the S14.3, S15.1, S15.2, S15.3, S15.4, * * * * * requirements of S4.5.1(b)(2)(i) through S16.1(a), S16.1(b), S16.2, S16.3, S17.1, S4.2.6.3 Trucks, buses, and S4.5.1(b)(2)(iv). and S18. It does not include S5.4 or multipurpose passenger vehicles with a (i) The heading area shall be yellow S17.2, i.e., if Alternative 1 were GVWR of 3,855 kg (8,500 pounds) or less with the word ‘‘CAUTION’’ and the adopted, neither S5.4 nor S17.2 would and an unloaded vehicle weight of 2,495 alert symbol in black. be adopted. Proposed high speed test kg (5,500 pounds) or less certified to (ii) The message area shall be white Alternative 2—unbelted offset S14. Each truck, bus, or multipurpose with black text. The message area shall deformable barrier (35–56 km/h) (22–35 passenger vehicle with a GVWR of 3,855 be no less than 30 cm2 (4.7 in2). mph), belted rigid barrier(0–48 km/h) kg (8,500 pounds) or less and an (iii) The pictogram shall be black on (0–30 mph)—consists of proposed unloaded vehicle weight of 2,495 kg a white background. The pictogram sections S5.1.1, S5.4, S6.1, S6.2(b), S6.3, (5,500 pounds) or less certified to S14 shall be no less than 30 mm (1.2 inches) S6.4(b), S6.5, S6.6, S6.7, S14.3, S15.1, shall, at each front outboard designated in length. S15.3, S15.4, S16.1(a), S16.2, S16.3, seating position, meet the frontal crash (iv) If the vehicle does not have a back S17.1, S17.2, and S18. It does not protection requirements of S5.1.2 [under seat, the label shown in Figure 8 may be include S5.1.2, S15.2, or S16.1(b), i.e., if Alternative 1] [or] S5.4 [under modified by omitting the statement: Alternative 2 were adopted, neither Alternative 2] by means that require no ‘‘The BACK SEAT is the SAFEST place S5.1.2 nor S15.2 nor S16.1(b) would be action by vehicle occupants. A vehicle for CHILDREN.’’ adopted.] shall not be deemed to be in * * * * * * * * * * noncompliance with this standard if its (e) Label on the dashboard. S3. Application. manufacturer establishes that it did not (1) Except as provided in S4.5.1(e)(2), (a) This standard applies to passenger have reason to know in the exercise of each vehicle that is equipped with an cars, multipurpose passenger vehicles, due care that such vehicle is not in inflatable restraint for the passenger trucks, and buses. In addition, S9, conformity with the requirement of this position shall have a label attached to a Pressure vessels and explosive devices, standard. location on the dashboard or the applies to vessels designed to contain a * * * * * steering wheel hub that is clearly visible VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.174 pfrm03 PsN: 05NOP3 60604 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules from all front seating positions. The occupants. The owner’s manual shall are specified, the manufacturer shall label need not be permanently affixed to also explain that no objects should be select the option by the time it certifies the vehicle. This label shall conform in placed over or near the air bag on the the vehicle and may not thereafter select content to the label shown in Figure 7 instrument panel, because any such a different option for the vehicle. Each of this standard, and shall comply with objects could cause harm if the vehicle manufacturer shall, upon request from the requirements of S4.5.1(e)(1)(i) is in a crash severe enough to cause the the Office of Vehicle Safety Compliance, through S4.5.1(e)(1)(iii). air bag to inflate. provide information regarding which of (i) The heading area shall be yellow (2) For any vehicle certified to meet the compliance options it has selected with the word ‘‘WARNING’’ and the the requirements specified in S14.3, for a particular vehicle or make/model. alert symbol in black. S15, S17, S19, S21, S23, S25, S30, and S4.8 Values and tolerances. (ii) The message area shall be white S32, the manufacturer shall also include Wherever a range of values or tolerances with black text. The message area shall in the vehicle’s owner’s manual a are specified, requirements shall be met be no less than 30 cm2 (4.7 in2). discussion of the advanced passenger at all values within the range of values (iii) If the vehicle does not have a air bag system installed in the vehicle. or tolerances. All angles and directions back seat, the label shown in Figure 7 The discussion shall be written to (e.g., vertical or horizontal) specified are may be modified by omitting the explain the proper functioning of the approximate. statement: ‘‘The back seat is the safest advanced air bag system and shall S4.9 Metric values. Specifications place for children 12 and under.’’ provide a summary of the actions that and requirements are given in metric (2) Vehicles manufactured after may affect the proper functioning of the units with English units provided for September 1, 2002 and certified to meet system. The discussion shall include, as reference. The metric values are the requirements specified in S19, S21, a minimum, the following topics: controlling. and S23, that are equipped with an (a) presentation and explanation of * * * * * inflatable restraint for the passenger the main components of the advanced S5 Occupant crash protection position shall have a label attached to a passenger air bag system. requirements. location on the dashboard or the (b) explanation of how the S5.1 Frontal barrier crash test. steering wheel hub that is clearly visible components function together as part of S5.1.1 Belted test. Impact a vehicle from all front seating positions. The the advanced passenger air bag system. traveling longitudinally forward at any label need not be permanently affixed to (c) basic requirements for proper speed, up to and including 48 km/h (30 the vehicle. This label shall conform in operation, including an explanation of mph), into a fixed rigid barrier that is content to the label shown in Figure 9 the actions that may affect the proper perpendicular to the line of travel of the of this standard, and shall comply with functioning of the system. vehicle, or at any angle up to 30 degrees the requirements of S4.5.1(e)(2)(i) (d) a complete description of the in either direction from the through S4.5.1(e)(2)(iii). passenger air bag suppression system perpendicular to the line of travel of the (i) The heading area shall be yellow installed in the vehicle including a vehicle, under the applicable conditions with black text. discussion of any suppression zone. (ii) The message area shall be white (e) an explanation of the interaction of of S8 and S10, including S10.9 (manual with black text. The message area shall the advanced passenger air bag system belt adjustment). For vehicles certified be no less than 30 cm2 (4.7 in2). with other vehicle components, such as to S14 of this standard, the test dummy (iii) If the vehicle does not have a seat belts, seats or other components. specified in S8.1.8 placed in each front back seat, the label shown in Figure 9 (f) a summary of the expected outboard designated seating position may be modified by omitting the outcomes when child restraint systems, shall meet the injury criteria of S6.1, statement: ‘‘The back seat is the safest children and small teenagers or adults S6.2(b), S6.3, S6.4(b), S6.5, and S6.6 of place for children.’’ are both properly and improperly this standard. All other vehicles to (f) Information to appear in owner’s positioned in the passenger seat, which S5.1.1 is applicable shall meet manual. including cautionary advice against the injury criteria of S6.1, S6.2(a), S6.3, (1) The owner’s manual for any improper placement of child restraint S6.4(a), and S6.5. vehicle equipped with an inflatable systems. S5.1.2 Unbelted test. Impact a restraint system shall include a (g) tips and guidelines to improve vehicle traveling longitudinally forward description of the vehicle’s air bag consumer understanding of the proper at any speed, between 29 km/h (18 mph) system in an easily understandable use of the advanced passenger air bag and 48 km/h (30 mph), inclusive, into format. The owner’s manual shall system. a fixed rigid barrier that is include a statement to the effect that the (h) information on how to contact the perpendicular to the line of travel of the vehicle is equipped with an air bag and vehicle manufacturer concerning vehicle, or at any angle up to 30 degrees lap/shoulder belt at one or both front modifications for persons with in either direction from the outboard seating positions, and that the disabilities that may affect the advanced perpendicular to the line of travel of the air bag is a supplemental restraint at air bag system. vehicle under the applicable conditions those seating positions. The information * * * * * of S8 and S10, excluding S10.9. The test shall emphasize that all occupants, S4.5.4 Passenger air bag manual cut- dummy specified in S8.1.8 placed in including the driver, should always off device. Passenger cars, trucks, buses, each front outboard designated seating wear their seat belts whether or not an and multipurpose passenger vehicles position shall meet the injury criteria of air bag is also provided at their seating manufactured before September 1, 2005 S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and position to minimize the risk of severe may be equipped with a device that S6.6 of this standard. injury or death in the event of a crash. deactivates the air bag installed at the * * * * * The owner’s manual shall also provide right front passenger position in the S5.4 Offset deformable barrier crash any necessary precautions regarding the vehicle, if all the conditions in S4.5.4.1 test. proper positioning of occupants, through S4.5.4.4 are satisfied. S5.4.1 General provisions. Place a including children, at seating positions * * * * * Part 572 Subpart E Hybrid III 50th equipped with air bags to ensure S4.7 Selection of compliance percentile adult male test dummy at maximum safety protection for those options. Where manufacturer options each front outboard seating position of VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.176 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60605 the vehicle, in accordance with (b) The resultant acceleration at the Each of the four Nij values shall be procedures specified in S10. Impact the center of gravity of the head shall be calculated at each point in time, and all vehicle traveling longitudinally forward such that the expression: four values shall not exceed 1.0 at any at any speed, between 35.4 km/h (22 point in time. When calculating NTE and 2. 5 mph) and 56 km/h (35 mph), inclusive, NTF, all compressive loads shall be set 1 t2 into a fixed offset deformable barrier ∫ adt () t− t to zero. Similarly, when calculating NCE ()− t 2 1 under the conditions specified in S5.4.2 t2 t 1 1 and NCF, all tensile loads shall be set to of this standard. The test dummies shall zero. In a similar fashion, when shall not exceed 700 where a is the meet the injury criteria specified in calculating NTE and NCE, all flexion S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and resultant acceleration expressed as a moments shall be set to zero. Likewise, multiple of g (the acceleration of S6.6 of this standard. when calculating NTF and NCF, all gravity), and t1 and t2 are any two points S5.4.2 Test conditions. extension moments shall be set to zero. in time during the crash of the vehicle S6.7 Test duration for purpose of S5.4.2.1 Offset frontal deformable which are separated by not more than a barrier. The offset frontal deformable measuring injury criteria. For tests 15 millisecond time interval. conducted pursuant to S5.1.1, S5.1.2, barrier shall conform to the * * * * * specifications set forth in Subpart B of and S5.4, the injury criteria shall be met S6.4 Chest deflection. Part 587 of this chapter. up to 300 milliseconds after the vehicle (a) Compression deflection of the strikes the barrier. S5.4.2.2 General test conditions. All sternum relative to the spine, as * * * * * of the test conditions specified in S8.1 determined by instrumentation shown of this standard apply. S8.1.5 Movable vehicle windows in drawing 78051–218, revision U and vents are placed in the fully closed S5.4.2.3 Dummy seating and incorporated by reference in Part 572, position, unless the vehicle positioning. The anthropomorphic test subpart E of this chapter, shall not manufacturer chooses to specify a dummies are seated and positioned as exceed 76 mm (3 inches). different adjustment position prior to specified in S10 of this standard. (b) Compressive deflection of the the time it certifies the vehicle. S5.4.2.4 Impact configuration. The sternum relative to the spine, as * * * * * test vehicle shall impact the barrier with determined by instrumentation shown S13 Alternative unbelted test the longitudinal line of the vehicle in drawing 78051–317, revision A, available, under S3(b) of this standard, parallel to the line of travel, and incorporated by reference in Part 572, for certain vehicles manufactured before perpendicular to the barrier face. The subpart E, shall not exceed 63 mm (2.5 September 1, 2005. test vehicle shall be aligned so that the inches). * * * * * vehicle strikes the barrier with 40 * * * * * percent overlap on either the left or the S14 Advanced air bag requirements S6.6 Neck injury. The biomechanical for passenger cars and for trucks, buses, right side of the vehicle, with the neck injury predictor, Nij, shall not vehicle’s width engaging the barrier face and multipurpose passenger vehicles exceed a value of 1.0 at any point in with a GVWR of 3,855 kg (8500 pounds) such that the vehicle’s longitudinal time. The following procedure shall be centerline is offset outboard of the edge or less and an unloaded vehicle weight used to compute Nij. The axial force of 2,495 kg (5500 pounds) or less, except of the barrier face by 10 percent of the (Fz) and flexion/extension moment vehicle’s width ± 25 mm (1.0 inch) as for walk-in van-type trucks or vehicles about the occipital condyles (My) shall designed to be sold exclusively to the illustrated in Figure 10. The vehicle be used to calculate four combined width is defined as the maximum U.S. Postal Service. injury predictors, collectively referred to S14.1 Vehicles manufactured on or dimension measured across the widest as Nij. These four combined values after September 1, 2002 and before part of the vehicle, including bumpers represent the probability of sustaining September 1, 2005. and molding but excluding such each of four primary types of cervical (a) For vehicles manufactured on or components as exterior mirrors, flexible injuries; namely tension-extension after September 1, 2002 and before mud flaps, marker lamps, and dual rear (NTE), tension-flexion (NTF), September 1, 2005, a percentage of the wheel configurations. compression-extension (NCE), and manufacturer’s production, as specified * * * * * compression-flexion (NCF) injuries. in S14.1.1, shall meet the requirements S6.1 All portions of the test dummy Axial force shall be filtered at SAE class specified in S14.3, S15, S17, S19, S21, shall be contained within the outer 1000 and flexion/extension moment S23, S25, S30, and S32 (in addition to surfaces of the vehicle passenger (My) shall be filtered at SAE class 600. the other requirements specified in this compartment. Shear force, which shall be filtered at standard). S6.2 Head injury criteria. SAE class 600, is used only in (b) Manufacturers that manufacture (a) The resultant acceleration at the conjunction with the measured moment two or fewer carlines, as that term is center of gravity of the head shall be to calculate the effective moment at the defined at 49 CFR 583.4, may, at the such that the expression: location of the occipital condyles. The option of the manufacturer, meet the equation for calculating the Nij criteria requirements of this paragraph instead 2. 5 is given by: of paragraph (a) of this section. Each 1 t2 ∫ adt () t− t Nij = (Fz / Fzc) + (My / Myc) vehicle manufactured on or after ()− t 2 1 September 1, 2003 and before t2 t 1 1 where Fzc and Myc are critical values September 1, 2005 shall meet the corresponding to: shall not exceed 1,000 where a is the requirements specified in S14.3, S15, resultant acceleration expressed as a Fzc = 4500 N (1012 lbf) for tension S17, S19, S21, S23, S25, S30, and S32 multiple of g (the acceleration of Fzc = 4500 N (1012 lbf) for compression (in addition to the other requirements gravity), and t1 and t2 are any two points Myc = 310 Nm (229 lbf-ft) for flexion specified in this standard). in time during the crash of the vehicle about occipital condyles (c) Each vehicle that is manufactured which are separated by not more than a Myc = 125 Nm (92 lbf-ft) for extension in two or more stages or that is altered 36 millisecond time interval. about occipital condyles (within the meaning of section 567.7 of VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.177 pfrm03 PsN: 05NOP3 60606 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules this chapter) after having previously (b) For purposes of complying with conformity with the requirements of this been certified in accordance with Part S14.1.1.2, a manufacturer may count a paragraph. 567 of this chapter is not subject to the vehicle if it: S14.3.2 Rigid barrier unbelted test. requirements of S14.1. (1) Is manufactured on or after [the Each vehicle that is certified as (d) Vehicles manufactured by a date 30 days after publication of the complying with S14 shall comply with manufacturer that produces fewer than final rule would be inserted], but before the requirements of S4.1.5.4 or S4.2.6.3 5,000 vehicles worldwide annually are September 1, 2004, and by means of an inflatable restraint not subject to the requirements of S14.1. (2) Is not counted toward compliance system at the driver’s and right front S14.1.1 Phase-in schedule. with S14.1.1.1. passenger’s position that meets the S14.1.1.1 Vehicles manufactured on (c) For purposes of complying with injury criteria specified in S6.1, S6.2(b), or after September 1, 2002 and before S14.1.1.3, a manufacturer may count a S6.3, S6.4(b), S6.5, and S6.6 when September 1, 2003. Subject to vehicle if it: tested under S5.1.2. A vehicle shall not S14.1.2(a), for vehicles manufactured by (1) Is manufactured on or after [the be deemed to be in noncompliance with a manufacturer on or after September 1, date 30 days after publication of the this paragraph if its manufacturer 2002 and before September 1, 2003, the final rule would be inserted], but before establishes that it did not have reason to amount of vehicles complying with September 1, 2005, and know in the exercise of due care that S14.3, S15, S17, S19, S21, S23, S25, (2) Is not counted toward compliance such vehicle is not in conformity with S30, and S32 shall be not less than 25 with S14.1.1.1 or S14.1.1.2. the requirements of this paragraph. percent of: S14.1.3 Vehicles produced by more S14.3.2 Offset deformable barrier than one manufacturer. (a) The manufacturer’s average annual unbelted test. Each vehicle that is S14.1.3.1 For the purpose of production of vehicles manufactured on certified as complying with S14 of this calculating average annual production or after September 1, 2000 and before standard shall comply with the of vehicles for each manufacturer and September 1, 2003, or requirements of S4.1.5.4 or S4.2.6.3 that the number of vehicles manufactured by meets the injury criteria specified in (b) The manufacturer’s production on each manufacturer under S14.1.1, a S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and or after September 1, 2002 and before vehicle produced by more than one S6.6 when tested under S5.4. A vehicle September 1, 2003. manufacturer shall be attributed to a shall not be deemed to be in S14.1.1.2 Vehicles manufactured on single manufacturer as follows, subject noncompliance with this paragraph if or after September 1, 2003 and before to S14.1.3.2. its manufacturer establishes that it did September 1, 2004. Subject to (a) A vehicle which is imported shall not have reason to know in the exercise S14.1.2(b), for vehicles manufactured by be attributed to the importer. of due care that such vehicle is not in a manufacturer on or after September 1, (b) A vehicle manufactured in the conformity with the requirements of this 2003 and before September 1, 2004, the United States by more than one paragraph. amount of vehicles complying with manufacturer, one of which also S15 Rigid barrier test requirements S14.3, S15, S17, S19, S21, S23, S25, markets the vehicle, shall be attributed using 5th percentile adult female S30, and S32 shall be not less than 40 to the manufacturer which markets the dummies. percent of: vehicle. S15.1 Belted test. Each vehicle (a) The manufacturer’s average annual S14.1.3.2 A vehicle produced by subject to S15 shall, at each front production of vehicles manufactured on more than one manufacturer shall be outboard designated seating position, or after September 1, 2001 and before attributed to any one of the vehicle’s meet the injury criteria specified in September 1, 2004, or manufacturers specified by an express S15.3 of this standard when the vehicle (b) The manufacturer’s production on written contract, reported to the is crash tested in accordance with the or after September 1, 2003 and before National Highway Traffic Safety procedures specified in S16 of this September 1, 2004. Administration under 49 CFR Part 585, standard with the anthropomorphic test S14.1.1.3 Vehicles manufactured on between the manufacturer so specified dummy restrained by a Type 2 seat belt or after September 1, 2004 and before and the manufacturer to which the assembly. A vehicle shall not be deemed September 1, 2005. Subject to vehicle would otherwise be attributed to be in noncompliance with this S14.1.2(c), for vehicles manufactured by under S14.1.3.1. paragraph if its manufacturer establishes a manufacturer on or after September 1, S14.2 Vehicles manufactured on or that it did not have reason to know in 2004 and before September 1, 2005, the after September 1, 2005. Each vehicle the exercise of due care that such amount of vehicles complying with shall meet the requirements specified in vehicle is not in conformity with the S14.3, S15, S17, S19, S21, S23, S25, S14.3, S15, S17, S19, S21, S23, S25, requirements of this paragraph. S30, and S32 shall be not less than 70 S30, and S32 (in addition to the other S15.2 Unbelted test. Each vehicle percent of: requirements specified in this standard). subject to S15 shall, at each front (a) The manufacturer’s average annual S14.3 Barrier test requirements outboard designated seating position, production of vehicles manufactured on using 50th percentile adult male meet the injury criteria specified in or after September 1, 2002 and before dummies. S15.3 of this standard when the vehicle September 1, 2005, or S14.3.1 Rigid barrier belted test. is crash tested in accordance with the (b) The manufacturer’s production on Each vehicle that is certified as procedures specified in S16 of this or after September 1, 2004 and before complying with S14 shall, at each front standard with the anthropomorphic test September 1, 2005. outboard designated seating position, dummy unbelted. A vehicle shall not be S14.1.2 Calculation of complying meet the injury criteria specified in deemed to be in noncompliance with vehicles. S6.1, S6.2(b), S6.3, S6.4(b), S6.5, and this paragraph if its manufacturer (a) For the purposes of complying S6.6 when tested under S5.1.1. A establishes that it did not have reason to with S14.1.1.1, a manufacturer may vehicle shall not be deemed to be in know in the exercise of due care that count a vehicle if it is manufactured on noncompliance with this paragraph if such vehicle is not in conformity with or after [the date 30 days after its manufacturer establishes that it did the requirements of this paragraph. publication of the final rule would be not have reason to know in the exercise S15.3 Injury criteria (5th percentile inserted], but before September 1, 2003. of due care that such vehicle is not in adult female dummy). VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.179 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60607 S15.3.1 All portions of the test Myc = 155 Nm (114 lbf-ft) for flexion S16.2.1 The vehicle, including test dummy shall be contained within the about occipital condyles devices and instrumentation, is loaded outer surfaces of the vehicle passenger Myc = 62 Nm (46 lbf-ft) for extension as in S8.1.1. compartment. about occipital condyles S16.2.2 Movable vehicle windows S15.3.2 The resultant acceleration at and vents are placed in the fully closed the center of gravity of the head shall be Each of the four Nij values shall be position, unless the vehicle such that the expression: calculated at each point in time, and all manufacturer chooses to specify a four values shall not exceed 1.0 at any different adjustment position prior to 2. 5 point in time. When calculating NTE and the time the vehicle is certified. 1 t2 − NTF, all compressive loads shall be set S16.2.3 Convertibles and open-body ∫ adt () t2 t 1 − t to zero. Similarly, when calculating NCE ()t2 t 1 1 type vehicles have the top, if any, in and NCF, all tensile loads shall be set to place in the closed passenger shall not exceed 700 where a is the zero. In a similar fashion, when compartment configuration. resultant acceleration expressed as a calculating NTE and NCE, all flexion S16.2.4 Doors are fully closed and multiple of g (the acceleration of moments shall be set to zero. Likewise, latched but not locked. gravity), and t1 and t2 are any two points when calculating NTF and NCF, all S16.2.5 The dummy is clothed in in time during the crash of the vehicle extension moments shall be set to zero. form fitting cotton stretch garments with which are separated by not more than a S15.4 Test duration for purpose of short sleeves and above the knee length 15 millisecond time interval. measuring injury criteria. For tests pants. A size 8W shoe which meets the S15.3.3 The resultant acceleration conducted pursuant to S15 and S17, the configuration and size specifications of calculated from the output of the injury criteria of S15.3 shall be met up MIL-S 13912 change ‘‘P’’ or its thoracic instrumentation shown in to 300 milliseconds after the vehicle equivalent is placed on each foot of the drawing [a drawing incorporated by strikes the barrier. For tests conducted test dummy. reference in Part 572 would be pursuant to S26, the injury criteria shall S16.2.6 Limb joints are set at 1 g, identified in the final rule] shall not be met up to 100 milliseconds after the barely restraining the weight of the limb exceed 60 g’s, except for intervals whose air bag deploys. when extended horizontally. Leg joints cumulative duration is not more than 3 S16. Test procedures for rigid barrier are adjusted with the torso in the supine milliseconds. position. S15.3.4 Compression deflection of test requirements using 5th percentile adult female dummies. S16.2.7 Instrumentation shall not the sternum relative to the spine, as affect the motion of dummies during determined by instrumentation shown S16.1 General provisions. Crash impact. in drawing [a drawing incorporated by testing to determine compliance with S16.2.8 The stabilized temperature reference in Part 572 would be the requirements of S15 of this standard of the dummy is at any level between identified in the final rule] shall not is conducted as specified in the 20° C and 22° C (68° F to 71.6° F). exceed 52 mm (2.0 inches). following paragraphs (a) and (b). S16.2.9 Steering wheel adjustment. S15.3.5 The force transmitted axially (a) Belted test. Place a Part 572 S16.2.9.1 Adjust a tiltable steering through each thigh shall not exceed Subpart O 5th percentile adult female wheel, if possible, so that the steering 6805 N (1530 pounds). test dummy at each front outboard wheel hub is at the geometric center S15.3.6 The biomechanical neck seating position of a vehicle, in when moved through its full range of injury predictor, Nij, shall not exceed a accordance with procedures specified in driving positions. value of 1.0 at any point in time. The S16.3 of this standard, including S16.2.9.2 If there is no setting detent following procedure shall be used to S16.3.5. Impact the vehicle traveling at the mid position, lower the steering compute Nij. The axial force (Fz) and longitudinally forward at any speed, up wheel to the detent just below the mid flexion/extension moment about the to and including 48 km/h (30 mph), into position. occipital condyles (My) shall be used to a fixed rigid barrier that is S16.2.9.3 If the steering column is calculate four combined injury perpendicular within a tolerance of ± 5 telescoping, place the steering column predictors, collectively referred to as degrees to the line of travel of the as close as possible to the mid position. Nij. These four combined values vehicle under the applicable conditions S16.2.10 Pedal adjustment. If pedals represent the probability of sustaining of S16.2 of this standard. The dummies can be adjusted, adjust them to the full each of four primary types of cervical shall meet the injury criteria specified rear position (towards the rear of the injuries; namely tension-extension in S15.3 of this standard. vehicle) or until the pedal makes contact with the feet as defined in (NTE), tension-flexion (NTF), (b) Unbelted test. Place a Part 572 S16.3.2.3. compression-extension (NCE), and Subpart O 5th percentile adult female S16.2.11 Driver and passenger seat compression-flexion (NCF) injuries. test dummy at each front outboard set-up. Axial force shall be filtered at SAE class seating position of a vehicle, in 1000 and flexion/extension moment S16.2.11.1 Seat position adjustment. accordance with procedures specified in S16.2.11.1.1 If a seat is adjustable in (My) shall be filtered at SAE class 600. S16.3 of this standard, except S16.3.5. the fore and aft and/or vertical Shear force, which shall be filtered at Impact the vehicle traveling directions, move the seat to the SAE class 600, is used only in longitudinally forward at any speed, forwardmost seat track position and full conjunction with the measured moment from 29 km/h (18 mph) to 48 km/h (30 down vertical position. to calculate the effective moment at the mph), inclusive, into a fixed rigid S16.2.11.1.2 Establish a reference location of the occipital condyles. The barrier that is perpendicular within a line on the seat pan in a horizontal ± equation for calculating the Nij criteria tolerance of 5 degrees to the line of plane. is given by: travel of the vehicle under the S16.2.11.1.3 Measure and record the Nij = (Fz / Fzc) + (My / Myc) applicable conditions of S16.2 of this seat pan angle with respect to the where Fzc and Myc are critical values standard. The test dummies shall meet reference line established in corresponding to: the injury criteria specified in S15.3 of S16.2.11.1.2. Fzc = 3370 N (758 lbf) for tension this standard. S16.2.11.1.4 Adjust the seat Fzc = 3370 N (758 lbf) for compression S16.2 Test conditions. vertically to the mid-height position. If VerDate 29-OCT-99 17:04 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP3.XXX pfrm01 PsN: 05NOP3 60608 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules possible, maintain the seat pan S16.3.2.1.4 Bench seats. Position the S16.3.2.2 Driver thigh/knee/leg reference angle measured in the full midsagittal plane of the dummy vertical positioning. down and full forward condition in and parallel to the vehicle’s longitudinal S16.3.2.2.1 Rest the dummy’s thighs S16.2.11.1.3. centerline and aligned with the center of against the seat cushion to the extent S16.2.11.2 Lumbar support the steering wheel rim. permitted by the placement of the feet adjustment. Position adjustable lumbar S16.3.2.1.5 Hold the dummy’s in S16.3.2.3. supports so that the lumbar support is thighs down and push rearward on the S16.3.2.2.2 Set the initial transverse in its lowest, retracted or deflated upper torso until the dummy’s pelvic distance between the longitudinal adjustment position. angle measures 30–35 degrees. If it is centerline of the dummy’s thighs at the S16.2.11.3 Side bolster adjustment. not possible to achieve a pelvic angle of knees at 160 to 170 mm (6.3 to 6.7 Position adjustable seat cushion or seat at least 30 degrees, maximize the inches), with the thighs and legs of the back side bolsters so that they are in the dummy’s pelvic angle. dummy in vertical longitudinal planes. lowest or most open adjustment S16.3.2.1.6 Place the legs at 90 S16.3.2.2.3. Move the dummy’s right position. degrees to the thighs. Push rearward on foot to the accelerator pedal by rotating S16.3 Dummy seating positioning the dummy’s knees to force the pelvis the entire right thigh and leg at the procedures. The Part 572 Subpart O 5th into the seat so there is no gap between dummy’s hip joint while maintaining percentile adult female test dummy is the pelvis and the seat back or until the dummy’s torso setting. positioned as follows. contact occurs between the back of the S16.3.2.2.4 If either knee of the S16.3.1 General provisions and dummy’s calves and the front of the seat dummy is in contact with the vehicle definitions. cushion such that the angle between the interior, translate the thigh(s) and leg(s) S16.3.1.1 All angles are measured dummy’s thighs and legs begins to at the hip joint inboard or outboard with with respect to the horizontal plane. change. respect to the dummy midsagittal plane S16.3.1.2 The dummy’s neck bracket S16.3.2.1.7 Gently rock the upper until no contact occurs while is adjusted to align the zero degree torso relative to the lower torso laterally maintaining the thigh and leg in a index marks. in a side to side motion three times vertical plane. S16.3.1.3 The term ‘‘midsagittal through a ± 5 degree arc (approximately S16.3.2.2.5 If contact still occurs, plane’’ refers to the vertical plane that 51 mm (2 inches) side to side) to reduce rotate the thigh(s) and leg(s) laterally at separates the dummy into equal left and friction between the dummy and the the hip joint with respect to the dummy right halves. seat. midsagittal plane so that it is no longer S16.3.1.4 The term ‘‘vertical S16.3.2.1.8 Before proceeding, make longitudinal plane’’ refers to a vertical in the vertical plane and no contact sure that the seat has been returned to plane parallel to the vehicle’s occurs. the full forward position if it has been S16.3.2.3 Driver feet positioning. longitudinal centerline. S16.3.1.5 The term ‘‘vertical plane’’ moved from that location as specified in S16.3.2.3.1 Rest the right foot of the refers to a vertical plane, not necessarily S16.3.2.1.2. Adjust legs if required. dummy on the undepressed accelerator S16.3.2.1.9 While holding the thighs parallel to the vehicle’s longitudinal pedal with the rearmost point of the in place, rotate the seat back forward centerline. heel on the floor pan in the plane of the S16.3.1.6 The term ‘‘transverse until the transverse instrumentation pedal. platform of the head is level to within S16.3.2.3.2 If the ball of the foot instrumentation platform’’ refers to the ± transverse instrumentation surface 0.5 degrees, making sure that the does not contact the pedal, change the inside the dummy’s skull casting to pelvis does not interfere with the seat angle of the foot relative to the leg such which the neck load cell mounts. This bight. In addition, inspect the abdomen that the toe of the foot contacts the surface is perpendicular to the skull cap to insure that it is properly installed. undepressed accelerator pedal. S16.3.2.1.10 If it is not possible to S16.3.2.3.3 If the foot still cannot machined inferior superior mounting ± surface. achieve the head level within 0.5 contact the undepressed accelerator S16.3.1.7. The term ‘‘thigh’’ refers to degrees, minimize the angle and pedal, place the toe of the foot as close the femur between, but not including, continue to S16.3.2.1.11. as possible to the pedal. the knee and the pelvis. S16.3.2.1.11 Measure and set the S16.3.2.3.4 Place the left foot on the S16.3.1.8 The term ‘‘leg’’ refers to dummy’s pelvic angle using the pelvic toe board with the rearmost point of the the lower part of the entire leg including angle gage (drawing TE–2504, heel resting on the floor pan as close as the knee. incorporated by reference in Part 572, possible to the point of intersection of S16.3.2 Driver dummy positioning. subpart O, of this chapter). The angle the planes described by the toe board S16.3.2.1 Driver torso/head/seat shall be set to within 20.0 degrees ± 2.5 and the floor pan. back angle positioning. degrees. If this is not possible, adjust the S16.3.2.3.5 If the left foot cannot be S16.3.2.1.1 Fully recline the seat pelvic angle as close to 20.0 degrees ± positioned on the toe board, place the back, if adjustable. 2.5 degrees as possible while keeping foot flat on the floor pan as far forward S16.3.2.1.2 Install the dummy into the transverse instrumentation platform as possible. the driver’s seat. If necessary, move the of the head as level as possible as S16.3.2.3.6 If the left foot does not seat rearward to facilitate dummy specified in S16.3.2.1.9 and contact the floor pan, place the foot installation. If the seat cushion angle S16.3.2.1.10. parallel to the floor and place the leg as automatically changes as the seat is S16.3.2.1.12. If the transverse perpendicular to the thigh as possible. moved from the full forward position, instrumentation platform of the head is S16.3.2.4 Driver arm/hand restore the correct seat cushion angle still not level, adjust the seat back angle positioning. when measuring the pelvic angle as to minimize the angle as much as S16.3.2.4.1 Place the dummy’s specified in S16.3.2.1.11. possible. upper arm adjacent to the torso with the S16.3.2.1.3 Bucket seats. Center the S16.3.2.1.13 In vehicles with a fixed arm centerlines as close to vertical as dummy on the seat cushion so that its seat back, the lower neck bracket can be possible. midsagittal plane is vertical and adjusted to level the head within ± 0.5 S16.3.2.4.2 Place the palms of the coincides with the longitudinal center degrees or to minimize the angle as dummy in contact with the outer part of of the seat cushion. much as possible. the steering wheel rim at its horizontal VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.182 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60609 centerline with the thumbs inside the S16.3.3.1.9 While holding the thighs legs as perpendicular to the thighs as steering wheel rim. in place, rotate the seat back forward possible. S16.3.2.4.3 If it is not possible to until the transverse instrumentation S16.3.3.4 Passenger arm/hand position the thumbs inside the steering platform of the head is level to within positioning. wheel rim at its horizontal centerline, ± 0.5 degrees, making sure that the S16.3.3.4.1 Place the dummy’s then position them above and as close pelvis does not interfere with the seat upper arms in contact with the upper to the horizontal centerline of the bite. In addition, inspect the abdomen to seat back and adjacent to the torso. steering wheel rim as possible. insure that it is properly installed. S16.3.3.4.2 Place the palms of the S16.3.2.4.4 Lightly tape the hands to S16.3.3.1.10 If it is not possible to dummy in contact with the outside of the steering wheel rim so that if the achieve the head level within ± 0.5 the thigh. hand of the test dummy is pushed degrees, minimize the angle and S16.3.3.4.3 Place the little fingers in upward by a force of not less than 9 N continue to S16.3.3.1.11. contact with the seat cushion. (2 pounds) and not more than 22 N (5 S16.3.3.1.11 Measure and set the S16.3.4 Driver and passenger head pounds), the tape releases the hand from dummy’s pelvic angle using the pelvic restraint adjustment. the steering wheel rim. angle gage (drawing TE–2504, S16.3.4.1. Place each adjustable S16.3.3 Passenger dummy incorporated by reference in Part 572, head restraint so that the vertical center positioning. Subpart O, of this chapter). The angle of the head restraint is aligned with the S16.3.3.1 Passenger torso/head/seat shall be set within 20.0 degrees center of gravity (CG) of the dummy back angle positioning. ± 2.5 degrees. If this is not possible, head. S16.3.3.1.1 Fully recline the seat adjust the pelvic angle as close to 20.0 S16.3.4.2 If the above position is not back, if adjustable. degrees ± 2.5 degrees as possible while attainable, move the vertical center of S16.3.3.1.2 Install the dummy into keeping the transverse instrumentation the head restraint to the closest detent the passenger’s seat. If necessary, move platform of the head as level as below the center of the head CG. the seat rearward to facilitate dummy specified in S16.3.3.1.9 and S16.3.4.3 If the head restraint has a installation. If the seat cushion angle S16.3.3.1.10. fore and aft adjustment, place the automatically changes as the seat is restraint in the forwardmost position or S16.3.3.1.12 If the transverse moved from the full forward position, until contact with the head is made. instrumentation platform of the head is restore the correct seat cushion angle S16.3.4.4 If the head restraint has an still not level, adjust the seat back angle when measuring the pelvic angle in automatic adjustment, leave it where the to minimize the angle as much as S16.3.3.1.11. system positions the restraint after the possible. S16.3.3.1.3 Bucket seats. Center the dummy is placed in the seat. dummy on the seat cushion so that its S16.3.3.1.13 In vehicles with a fixed S16.3.5 Driver and passenger midsagittal plane is vertical and seat back, the lower neck bracket can be manual belt adjustment (This applies adjusted to level the head within coincides with the longitudinal center ± only for tests conducted with a belted of the seat cushion. 0.5 degrees or to minimize the angle dummy.) S16.3.3.1.4 Bench seats. The as much as possible. S16.3.5.1 If an adjustable seat belt D- midsagittal plane shall be vertical and S16.3.3.2 Passenger thigh/knee/leg ring anchorage exists, place it in the full parallel to the vehicle’s longitudinal positioning. down position. centerline and the same distance from S16.3.3.2.1 Rest the dummy’s thighs S16.3.5.2 Place the Type 2 manual the vehicle’s longitudinal centerline as against the seat cushion to the extent belt around the test dummy and fasten the midsaggital plane of the driver permitted by the placement of the feet the latch. dummy. in S16.3.3.3. S16.3.5.3 Ensure that the dummy’s S16.3.3.1.5 Hold the dummy’s S16.3.3.2.2 Set the initial transverse head remains as level as possible, as thighs down and push rearward on the distance between the longitudinal specified in S16.3.2.1.9 and upper torso until the dummy’s pelvic centerline of the dummy’s thighs at the S16.3.2.1.10. angle measures 30–35 degrees. If it is knees at 160 to 170 mm (6.3 to 6.7 S16.3.5.4 Remove all slack from the not possible to achieve a pelvic angle of inches), with the thighs and legs of the lap belt. Pull the upper torso webbing at least 30 degrees, maximize the dummy in vertical longitudinal planes. out of the retractor and allow it to dummy’s pelvic angle. S16.3.3.2.3 If either knee of the retract; repeat this operation four times. S16.3.3.1.6 Place the legs at 90 dummy is in contact with the vehicle Apply a 9 N (2 pound force) to 18 N (4 degrees to the thighs. Push rearward on interior translate the thigh(s) and leg(s) pound force) tension load to the lap the dummy’s knees to force the pelvis at the hip joint inboard or outboard with belt. If the belt system is equipped with into the seat so there is no gap between respect to the dummy midsagittal plane a tension-relieving device, introduce the the pelvis and the seat back or until until no contact occurs while maximum amount of slack into the contact occurs between the back of the maintaining the thigh and leg in a upper torso belt that is recommended by dummy’s calves and the front of the seat vertical plane. the manufacturer in the owner’s manual cushion such that the angle of the S16.3.3.2.4 If contact still occurs, for the vehicle. If the belt system is not dummy’s legs begins to change. rotate the thigh(s) and leg(s) laterally at equipped with a tension-relieving S16.3.3.1.7 Gently rock the upper the hip joint with respect to the dummy device, allow the excess webbing in the torso relative to the lower torso laterally midsagittal plane so that it is no longer shoulder belt to be retracted by the side to side three times through a ± 5 in the vertical plane and no contact retractive force of the retractor. degree arc (approximately 51 mm (2 occurs. S17 Offset frontal deformable barrier inches) side to side) to reduce friction S16.3.3.3 Passenger feet positioning. requirements using 5th percentile adult between the dummy and the seat. S16.3.3.3.1 Place the passenger’s feet female dummies. S16.3.3.1.8 Before proceeding, make flat on the floor pan as far forward as S17.1 Each vehicle subject to S17 of sure that the seat has been returned to possible. this standard shall, at each front the full forward position if it had been S16.3.3.3.2 If either foot does not outboard designated seating position, moved from that location as specified in entirely contact the floor pan, place the meet the injury criteria specified in S16.3.3.1.2. foot parallel to the floor and place the S15.3 of this standard when the vehicle VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.184 pfrm03 PsN: 05NOP3 60610 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules is crash tested in accordance with the specifications set forth in Subpart B of activated, except that the telltale need procedures specified in S18.1(a) of this Part 587 of this chapter. not illuminate when the passenger seat standard with the Part 572 Subpart O S18.2.2 General test conditions. All is unoccupied. The telltale: 5th percentile adult female test dummy of the test conditions specified in S16.2 (a) Shall be clearly visible from all restrained by a Type 2 seat belt of this standard apply. front seating positions; assembly. A vehicle shall not be deemed S18.2.3 Dummy seating procedures. (b) Shall be yellow; to be in noncompliance with this Position the anthropomorphic test (c) Shall have the identifying words paragraph if its manufacturer establishes dummies as specified in S16.3 of this ‘‘PASSENGER AIR BAG OFF’’ on the that it did not have reason to know in standard. telltale or within 25 mm (1.0 inch) of the exercise of due care that such S18.2.4 Impact configuration. The the telltale; and vehicle is not in conformity with the test vehicle shall impact the barrier with (d) Shall not be combined with the requirements of this paragraph. the longitudinal line of the vehicle readiness indicator required by S4.5.2 of S17.2 Each vehicle subject to S17 of parallel to the line of travel and this standard. this standard shall, at each front perpendicular to the barrier face. The S19.3 Option 2—Low risk outboard designated seating position, test vehicle shall be aligned so that the deployment. Each vehicle shall meet the meet the injury criteria specified in vehicle strikes the barrier with 40 injury criteria specified in S19.4 of this S15.3 of this standard when the vehicle percent overlap on either the left or standard when the passenger air bag is is crash tested in accordance with the right side of the vehicle, with the statically deployed in accordance with procedures specified in S18.1(b) of this vehicle’s width engaging the barrier face the procedures specified in S20.4 of this standard with the dummy unbelted. A such that the vehicle’s longitudinal standard. vehicle shall not be deemed to be in centerline is offset outboard of the edge S19.4 Injury criteria (12-month-old noncompliance with this paragraph if of the barrier face by 10 percent of the CRABI dummy). its manufacturer establishes that it did vehicle’s width +/¥25 mm (1.0 inch) as S19.4.1 All portions of the test not have reason to know in the exercise illustrated in Figure 10. The vehicle dummy and child restraint shall be of due care that such vehicle is not in width is defined as the maximum contained within the outer surfaces of conformity with the requirements of this dimension measured across the widest the vehicle passenger compartment. paragraph. part of the vehicle, including bumpers S19.4.2 The resultant acceleration at S18 Test procedure for offset frontal and molding but excluding such the center of gravity of the head shall be deformable barrier requirements using components as exterior mirrors, flexible such that the expression: 5th percentile adult female dummies. mud flaps, marker lamps, and dual rear wheel configurations. 2. 5 S18.1 General provisions. Crash t S19 Requirements to provide 1 2 ()− testing to determine compliance with ∫ adt t2 t 1 protection for infants in rear facing ()t− t t1 the requirements of S17 of this standard 2 1 child restraints. is conducted as specified in the S19.1 Each vehicle shall, at the shall not exceed 390 where a is the following paragraphs (a) and (b). option of the manufacturer, meet the resultant acceleration expressed as a (a) Belted test. Place a Part 572 requirements specified in S19.2 or multiple of g (the acceleration of Subpart O 5th percentile adult female S19.3, under the test procedures gravity), and t1 and t2 are any two points test dummy at each front outboard specified in S20. in time during the crash of the vehicle seating position of a vehicle, in S19.2 Option 1—Automatic which are separated by not more than a accordance with procedures specified in suppression feature. Each vehicle shall 15 millisecond time interval. S16.3 of this standard, including meet the requirements specified in S19.4.3 The resultant acceleration S16.3.5. Impact the vehicle traveling S19.2.1 through S19.2.2. calculated from the output of the longitudinally forward at any speed, up S19.2.1 The vehicle shall be thoracic instrumentation shown in to and including 40 km/h (25 mph), into equipped with an automatic drawing [a drawing incorporated by a fixed offset deformable barrier under suppression feature for the passenger air reference in Part 572 would be the conditions specified in S18.2 of this bag which results in deactivation of the identified in the final rule] shall not standard, impacting only the driver side air bag during each of the static tests exceed 50 g’s, except for intervals whose of the vehicle. The dummies shall meet specified in S20.2 (using the Part 572 cumulative duration is not more than 3 the injury criteria specified in S15.3 of Subpart R 12-month-old CRABI child milliseconds. this standard. dummy restrained in any of the child S19.4.4 The biomechanical neck (b) Unbelted test. Place a Part 572 restraints set forth in sections B and C injury predictor, Nij, shall not exceed a Subpart O 5th percentile adult female of Appendix A to this section), and value of 1.0 at any point in time. The test dummy at each front outboard activation of the air bag during each of following procedure shall be used to seating position of a vehicle, in the static tests specified in S20.3 (using compute Nij. The axial force (Fz) and accordance with procedures specified in the Part 572 Subpart O 5th percentile flexion/extension moment about the S16.3 of this standard, but not including Hybrid III adult female dummy). occipital condyles (My) shall be used to S16.3.5. Impact the vehicle traveling S19.2.2 The vehicle shall be calculate four combined injury longitudinally forward at any speed, equipped with a mechanism that predictors, collectively referred to as from 35.4 km/h (22 mph) to 56 km/h (35 indicates whether the occupant restraint Nij. These four combined values mph), inclusive, into a fixed offset system is suppressed. The mechanism represent the probability of sustaining deformable barrier under the conditions need not be located in the occupant each of four primary types of cervical specified in S18.2 of this standard. The compartment. injuries; namely tension-extension dummies shall meet the injury criteria S19.2.3 The vehicle shall be (NTE), tension-flexion (NTF), specified in S15.3 of this standard. equipped with a telltale light on the compression-extension (NCE), and S18.2 Test conditions. instrument panel which is illuminated compression-flexion (NCF) injuries. S18.2.1 Offset frontal deformable whenever the passenger air bag is Axial force shall be filtered at SAE class barrier. The offset frontal deformable deactivated and not illuminated 1000 and flexion/extension moment barrier shall conform to the whenever the passenger air bag is (My) shall be filtered at SAE class 600. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.186 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60611 Shear force, which shall be filtered at S20.2.1.4 If the child restraint is the procedures specified in Standard SAE class 600, is used only in equipped with a sunshield, tests may be No. 213, except that any tension from conjunction with the measured moment conducted with the sunshield either zero up to 134 N (30 pounds) may be to calculate the effective moment at the fully open or fully closed. used. location of the occipital condyles. The S20.2.1.5 Tests may be conducted (d) Position the Part 572 Subpart R 12- equation for calculating the Nij criteria with the child restraint uncovered or month-old CRABI dummy in the child is given by: with a towel or blanket weighing up to restraint by following, to the extent Nij = (Fz/Fzc) + (My/Myc) 1.0 kg (2.2 pounds) placed on or over possible, the manufacturer’s where Fzc and Myc are critical values the child restraint in any of the instructions for seating infants provided corresponding to: following positions: with the child restraint. Fzc = 1465 N (329 lbf) for tension (a) With the blanket covering the top (e) Start the vehicle engine and close Fzc = 1465 N (329 lbf) for compression and sides of the child restraint, or all vehicle doors. Check whether the air Myc = 43 Nm (32 lbf-ft) for flexion about (b) With the blanket placed from the bag is deactivated. occipital condyles top of the vehicle’s seat back to the S20.2.2 Test two—unbelted rear Myc = 17 Nm (13 lbf-ft) for extension forwardmost edge of the child restraint. facing and convertible child restraints. about occipital condyles S20.2.1.6 Locate a vertical plane S20.2.2.1 Position the right front Each of the four Nij values shall be through the longitudinal centerline of passenger vehicle seat at any seat track calculated at each point in time, and all the child restraint. This will be referred location, at any seat height, and at any four values shall not exceed 1.0 at any to as ‘‘Plane A’’. seat back angle between the S20.2.1.7 Locate a vertical plane point in time. When calculating NTE and manufacturer’s nominal design position parallel to the vehicle longitudinal NTF, all compressive loads shall be set for the 50th percentile adult male as centerline through the geometric center to zero. Similarly, when calculating NCE specified in S8.1.3 and an additional 25 of the right front passenger vehicle seat and NCF, all tensile loads shall be set to degrees in the rearward direction zero. In a similar fashion, when pan. This will be referred to as ‘‘Plane (inclusive). B’’. For vehicles with bench seats, locate calculating NTE and NCE, all flexion S20.2.2.2 Tests in S20.2.2 may be moments shall be set to zero. Likewise, a vertical plane parallel to the vehicle conducted using any child restraint longitudinal centerline through the when calculating NTF and NCF, all specified in section B or section C of extension moments shall be set to zero. geometric center of the air bag cover. Appendix A to this section. This will be referred to as ‘‘Plane B’’. S19.4.5 Test duration for purpose of S20.2.2.3 If the child restraint is S20.2.1.8 Facing rear. measuring injury criteria. For tests equipped with a handle, tests may be conducted pursuant to S20.4, the injury (a) Align the child restraint system facing rearward such that ‘‘Plane A’’ is conducted with the handle at either the criteria shall be met up to 100 child restraint manufacturer’s milliseconds after the air bag deploys. aligned with ‘‘Plane B’’. (b) While maintaining the child recommended position for use in S20 Test procedure for S19. vehicles or in the upright position. S20.1 General provisions. Tests restraint position achieved in S20.2.1.8(a), secure the child restraint S20.2.2.4 If the child restraint is specifying the use of a rear facing child equipped with a sunshield, tests may be restraint, a convertible child restraint, or by following, to the extent possible, the child restraint manufacturer’s directions conducted with the sunshield either car bed may be conducted using any fully open or fully closed. such restraint listed in sections A, B, regarding proper installation of the S20.2.2.5 Tests may be conducted and C of Appendix A of this standard. restraint in the rear facing mode. with the child restraint uncovered or The rear facing child restraint, (c) Cinch the vehicle belts to secure with a towel or blanket weighing up to convertible child restraint, or car bed the child restraint in accordance with 1.0 kg (2.2 pounds) placed on or over may be unused or used; if used, there the procedures specified in Standard the child restraint in any of the must not be any visible damage prior to No. 213, except that any tension from following positions: the test. zero up to 134 N (30 pounds) may be S20.2 Static tests of automatic used. (a) With the blanket covering the top suppression feature which must result (d) Position the Part 572 Subpart R 12- and sides of the child restraint, or in deactivation of the passenger air bag. month-old CRABI dummy in the child (b) With the blanket placed from the S20.2.1 Test one—belted rear facing restraint by following, to the extent top of the vehicle’s seat back to the and convertible child restraints. possible, the manufacturer’s forwardmost edge of the child restraint. S20.2.1.1 Position the right front instructions for seating infants provided S20.2.2.6 Locate a vertical plane passenger vehicle seat at any seat track with the child restraint. through the longitudinal centerline of location, at any seat height, and at any (e) Start the vehicle engine and close the child restraint. This will be referred seat back angle between the all vehicle doors. Check whether the air to as ‘‘Plane A’’. manufacturer’s nominal design position bag is deactivated. S20.2.2.7 Locate a vertical plane for the 50th percentile adult male as S20.2.1.9 Facing forward parallel to the vehicle longitudinal specified in S8.1.3 and an additional 25 (convertible restraints only). centerline through the geometric center degrees in the rearward direction (a) Align the child restraint system of the right front passenger vehicle seat (inclusive). facing forward such that ‘‘Plane A’’ is pan. This will be referred to as ‘‘Plane S20.2.1.2 Tests in S20.2.1 may be aligned with ‘‘Plane B’’. B’’. For vehicles with bench seats, locate conducted using any child restraint (b) While maintaining the forward a vertical plane parallel to the vehicle specified in section B or section C of facing position achieved in S20.2.1.9(a), longitudinal centerline through the Appendix A. secure the child restraint by following, geometric center of the air bag cover. S20.2.1.3 If the child restraint is to the extent possible, the child restraint This will be referred to as ‘‘Plane B’’. equipped with a handle, tests may be manufacturer’s directions regarding S20.2.2.8 Facing rear. conducted with the handle at either the proper installation of the restraint in the (a) Align the child restraint system child restraint manufacturer’s forward facing mode. facing rearward such that ‘‘Plane A’’ is recommended position for use in (c) Cinch the vehicle belts to secure aligned with ‘‘Plane B’’ and adjust the vehicles or in the upright position. the child restraint in accordance with forwardmost part of the child restraint VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.187 pfrm03 PsN: 05NOP3 60612 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules in ‘‘Plane A’’ at any angle up to 45 with the handle at either the child adult male dummy as specified by the degrees from ‘‘Plane B’’. restraint manufacturer’s recommended vehicle manufacturer. (b) Position the Part 572 Subpart R 12- position for use in vehicles or in the S20.4.2 Tests in S20.4 may be month-old CRABI dummy in the child upright position. conducted using any child restraint restraint by following, to the extent S20.2.3.4 If the car bed is equipped specified in section B or section C of possible, the manufacturer’s with a sunshield, tests may be Appendix A. instructions for seating infants provided conducted with the sunshield either S20.4.3 Locate a vertical plane with the child restraint. fully open or fully closed. through the longitudinal centerline of (c) Start the vehicle engine and close S20.2.3.5 Tests may be conducted the child restraint. This will be referred all vehicle doors. Check whether the air with the car bed uncovered or with a to as ‘‘Plane A’’. bag is deactivated. towel or blanket weighing up to 1.0 kg S20.4.4 Locate a vertical plane S20.2.2.9 Facing forward. (2.2 pounds) placed on or over the child parallel to the vehicle longitudinal (a) Align the child restraint system restraint in any of the following centerline through the geometric center facing forward such that ‘‘Plane A’’ is positions: of the air bag cover. This will be referred aligned with ‘‘Plane B’’ and adjust the (a) With the blanket covering the top to as ‘‘Plane B’’. forwardmost part of the child restraint and sides of the car bed, or S20.4.4 Align the child restraint in ‘‘Plane A’’ at any angle up to 45 (b) With the blanket placed from the system facing rearward such that ‘‘Plane degrees from ‘‘Plane B’’. top of the vehicle’s seat back to the A’’ is aligned with ‘‘Plane B’’. (b) Position the Part 572 Subpart R 12- forwardmost edge of the car bed. S20.4.5 While maintaining the child month-old CRABI dummy in the child S20.2.3.6 Nominal position: restraint position achieved in S20.4.4, restraint by following, to the extent (a) Install the car bed by following to secure the child restraint by following, possible, the manufacturer’s the extent possible the car bed to the extent possible, the child restraint instructions for seating infants provided manufacturer’s directions regarding manufacturer’s directions regarding with the child restraint. proper installation of the car bed. proper installation of the restraint in the (c) Start the vehicle engine and close (b) Cinch the vehicle belts to secure rear facing mode. all vehicle doors. Check whether the air the child restraint in accordance with S20.4.6 Position the Part 572 subpart bag is deactivated. the procedures specified in Standard R 12-month-old CRABI dummy in the S20.2.2.10 Facing forward, tipped No. 213, except that any tension from child restraint by following, to the on instrument panel (convertible child zero up to 134 N (30 pounds) may be extent possible, the manufacturer’s restraints only). used. instructions for seating infants provided (a) Align the child restraint system (c) Position the Part 572 Subpart K with the child restraint. facing forward such that ‘‘Plane A’’ is newborn dummy in the car bed by S20.4.7 Deploy the right front aligned with ‘‘Plane B’’. following, to the extent possible, the car passenger air bag system. If the air bag (b) Position the Part 572 Subpart R 12- bed manufacturer’s instructions for contains a multistage inflator, any stage month-old CRABI dummy in the child seating infants provided with the car or combination of stages may be fired restraint by following, to the extent bed. that could deploy in the presence of an possible, the manufacturer’s (d) Start the vehicle engine and close infant in a rear-facing child restraint instructions for seating infants provided all vehicle doors. Check whether the air positioned according to S20.2.1 or with the child restraint. bag is deactivated. S20.2.2 in a rigid barrier crash test at (c) Tip the rearwardmost part of the S20.3 Static tests of automatic speeds up to 64 km/h (40 mph). child restraint forward toward the suppression feature which must result S21 Requirements using 3 year old instrument panel, while keeping the in activation of the passenger air bag. child dummies. bottom portion of the child seat in S20.3.1 Place the right front S21.1 Each vehicle shall, at the contact with the vehicle seat. Position passenger vehicle seat at any seat track option of the manufacturer, meet the the child restraint such that it rests location, any seat height, and any seat requirements specified in S21.2, S21.3, against the instrument panel. If the back angle between the manufacturer’s or S21.4 under the test procedures child restraint cannot reach the nominal design position for the 50th specified in S22. instrument panel and remain in contact percentile adult male as specified in S21.2 Option 1—Automatic with the vehicle seat, move the vehicle S8.1.3 and an additional 25 degrees in suppression feature that always seat forward until contact can be the rearward direction (inclusive). suppresses the air bag when a child is achieved. S20.3.2 Place a Part 572 Subpart O present. Each vehicle shall meet the (d) Start the vehicle engine and close 5th percentile adult female test dummy requirements specified in S21.2.1 all vehicle doors. Check whether the air at the right front seating position of the through S21.2.2. bag is deactivated. vehicle, in accordance with procedures S21.2.1 The vehicle shall be S20.2.3 Test three-belted car bed. specified in S16.3 of this standard, to equipped with an automatic S20.2.3.1 Position the right front the extent possible with the seat suppression feature for the passenger air passenger vehicle seat at any seat track position that has been selected pursuant bag which results in deactivation of the location, at any seat height, and at any to S20.3.1. air bag during each of the static tests seat back angle between the S20.3.3 Start the vehicle engine and specified in S22.2 (using a child or a manufacturer’s nominal design position then close all vehicle doors. Part 572 Subpart P Hybrid III 3-year-old for the 50th percentile adult male as S20.3.4 Check whether the air bag is child dummy), and activation of the air specified in S8.1.3 and an additional 25 activated. bag during each of the static tests degrees in the rearward direction S20.4 Low risk deployment test. specified in S20.3 (using a female or a (inclusive). S20.4.1 Position the right front Part 572 Subpart O Hybrid III 5th S20.2.3.2 Tests may be conducted passenger vehicle seat in the full percentile adult female dummy). using any car bed specified in section A forward seat track position, the highest S21.2.2 The vehicle shall be of Appendix A. seat position (if adjustment is available), equipped with a mechanism that S20.2.3.3 If the car bed is equipped and adjust the seat back to the nominal indicates whether the occupant restraint with a handle, tests may be conducted design position for a 50th percentile system is suppressed. The mechanism VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.189 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60613 need not be located in the occupant represent the probability of sustaining for the 50th percentile adult male as compartment. each of four primary types of cervical specified in S8.1.3. S21.2.3 The vehicle shall be injuries; namely tension-extension S22.2.1.2 Install the forward-facing equipped with a telltale light on the (NTE), tension-flexion (NTF), child seat or booster seat in the right instrument panel meeting the compression-extension (NCE), and front passenger seat in accordance, to requirements specified in S19.2.3. compression-flexion (NCF) injuries. the extent possible, with the child S21.3 Option 2—Dynamic automatic Axial force shall be filtered at SAE class restraint manufacturer’s instructions suppression system that suppresses the 1000 and flexion/extension moment provided with the seat. air bag when an occupant is out of (My) shall be filtered at SAE class 600. S22.2.1.3 Cinch the vehicle belts to position. (This option is available under Shear force, which shall be filtered at secure the child restraint in accordance the conditions set forth in S27.1.) The SAE class 600, is used only in with the procedures specified in vehicle shall be equipped with a conjunction with the measured moment Standard No. 213, except that any dynamic automatic suppression system to calculate the effective moment at the tension from zero up to 134 N (30 for the passenger air bag which meets location of the occipital condyles. The pounds) may be used. the requirements specified in S27. equation for calculating the Nij criteria S22.2.1.4 Position the Part 572 S21.4 Option 3—Low risk is given by: Subpart P Hybrid III 3-year-old child deployment. Each vehicle shall meet the Nij=(Fz/Fzc)+(My/Myc) dummy seated in the forward-facing injury criteria specified in S21.5 of this where Fzc and Myc are critical values child seat or booster seat such that the standard when the passenger air bag is corresponding to: dummy’s lower torso is centered on the statically deployed in accordance with forward-facing child seat or booster seat the low risk deployment test procedures Fzc=2120 N (477 lbf) for tension Fzc=2120 N (477 lbf) for compression cushion and the dummy’s spine is specified in S22.3. Myc=68 Nm (50 lbf-ft) for flexion about parallel to the forward-facing child seat S21.5 Injury criteria for Hybrid III 3- occipital condyles or booster seat back or, if there is no year-old child dummy. Myc=27 Nm (20 lbf-ft) for extension booster seat back, the vehicle seat back. S21.5.1 All portions of the test about occipital condyles Place the lower arms at the dummy’s dummy shall be contained within the side. Each of the four Nij values shall be outer surfaces of the vehicle passenger S22.2.1.5 Attach all appropriate compartment. calculated at each point in time, and all four values shall not exceed 1.0 at any forward-facing child seat or booster seat S21.5.2 The resultant acceleration at belts, if any, by following, to the extent point in time. When calculating NTE and the center of gravity of the head shall be possible, the manufacturer’s NTF, all compressive loads shall be set such that the expression: instructions for seating children to zero. Similarly, when calculating NCE provided with the child restraint. 2. 5 and NCF, all tensile loads shall be set to 1 t2 S22.2.1.6 Start the vehicle engine ∫ adt () t− t zero. In a similar fashion, when − t 2 1 and then close all vehicle doors. ()t2 t 1 1 calculating NTE and NCE, all flexion moments shall be set to zero. Likewise, S22.2.1.7 Check whether the air bag is deactivated. shall not exceed 570 where a is the when calculating NTF and NCF, all resultant acceleration expressed as a extension moments shall be set to zero. S22.2.2 Test two—unbelted child. multiple of g (the acceleration of S21.5.5 Test duration for purpose of S22.2.2.1 Position the right front gravity), and t1 and t2 are any two points measuring injury criteria. For tests passenger vehicle seat at any seat track in time during the crash of the vehicle conducted pursuant to S22.3, the injury location, at any seat height, and at any which are separated by not more than a criteria shall be met up to 100 seat back angle between the 15 millisecond time interval. milliseconds after the air bag deploys. manufacturer’s nominal design position S21.5.3 The resultant acceleration S22 Test procedure for S21. for the 50th percentile adult male as calculated from the output of the S22.1 General provisions and specified in S8.1.3. thoracic instrumentation shown in definitions. S22.2.2.2 Place the Part 572 Hybrid drawing [a drawing incorporated by S22.1.1 Tests specifying the use of a III 3-year old child dummy on the right reference in Part 572 would be forward-facing child seat or booster seat front passenger seat in any of the identified in the final rule] shall not may be conducted using any such seat following positions (without using a exceed 55 g’s, except for intervals whose listed in section C and section D of forward-facing child restraint or booster cumulative duration is not more than 3 Appendix A of this standard. The child seat or the vehicle’s seat belts): milliseconds. restraint may be unused or used; if used, (a) Sitting on seat with back against S21.5.4 Compression deflection of there must not be any visible damage seat. the sternum relative to the spine, as prior to the test. (1) Position the dummy in the seated determined by instrumentation shown S22.1.2 The definitions provided in position and place it on the right front in drawing [a drawing incorporated by S16.3.1 apply to the tests specified in passenger seat. reference in Part 572 would be S22. (2) Position the upper torso of the identified in the final rule] shall not S22.2 Static tests of automatic dummy against the seat back. In the case exceed 34 millimeters (1.3 inches). suppression feature which must result of vehicles equipped with bench seats, S21.5.5 The biomechanical neck in deactivation of the passenger air bag position the midsagittal plane of the injury predictor, Nij, shall not exceed a when a child is present. dummy vertically and parallel to the value of 1.0 at any point in time. The S22.2.1 Test one—child in a vehicle’s longitudinal centerline and the following procedure shall be used to forward-facing child seat or booster same distance from the vehicle’s compute Nij. The axial force (Fz) and seat. longitudinal centerline as the center of flexion/extension moment about the S22.2.1.1 Position the right front the steering wheel rim. In the case of occipital condyles (My) shall be used to passenger vehicle seat at any seat track vehicles equipped with bucket seats, calculate four combined injury location, at any seat height, and at any position the midsagittal plane of the predictors, collectively referred to as seat back angle between the dummy vertically such that it coincides Nij. These four combined values manufacturer’s nominal design position with the longitudinal centerline of the VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.190 pfrm03 PsN: 05NOP3 60614 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules bucket seat. Position the dummy’s midsagittal plane of the dummy longitudinal centerline of the bucket thighs against the seat cushion. vertically such that it coincides with the seat. Position the kneeling dummy in (3) Allow the legs of the dummy to longitudinal centerline of the bucket the right front passenger seat with the extend off the surface of the seat. If this seat. Position the dummy in the seated dummy facing the front of the vehicle. positioning of the dummy’s legs is position and place it on the right front Position the dummy such that the prevented by contact with the passenger seat with the dummy’s legs dummy’s toes are in contact with the instrument panel, rotate the leg toward positioned 90 degrees (i.e., right angle) seat back. The arms may be at any the floor until there is no contact with from the horizontal. position. the instrument panel. (2) Position the dummy forward in the (3) Start the vehicle engine and then (4) Rotate the dummy’s upper arms seat such that the legs rest against the close all vehicle doors. down until they contact the seat. front of the seat with the spine in the (4) Check whether the air bag is (5) Rotate the dummy’s lower arms vertical direction. If the dummy’s feet deactivated. until the dummy’s hands contact the contact the floorboard, rotate the legs (f) Kneeling on seat, facing rearward: seat. forward until the dummy is resting on (1) Position the dummy in a kneeling (6) Start the vehicle engine and then the seat with the feet positioned flat on position by rotating the dummy’s legs close all vehicle doors. the floorboard and the dummy spine 90 degrees behind the dummy (from the (7) Check whether the air bag is vertical. standing position). deactivated. (3) Extend the dummy’s arms directly (2) In the case of vehicles equipped (b) Sitting on seat with back not in front of the dummy parallel to the with bench seats, position the against seat: floor of the vehicle. midsagittal plane of the dummy (1) Position the dummy in the seated (4) Lower the dummy’s arms such that vertically and parallel to the vehicle’s position and place it on the right front they contact the seat. longitudinal centerline and the same passenger seat. (5) Start the vehicle engine and then distance from the vehicle’s longitudinal (2) In the case of vehicles equipped close all vehicle doors. centerline as the center of the steering with bench seats, position the (6) Check whether the air bag is wheel rim. In the case of vehicles midsagittal plane of the dummy deactivated. equipped with bucket seats, position the vertically and parallel to the vehicle’s (d) Standing on seat, facing forward: midsagittal plane of the dummy longitudinal centerline and the same (1) Position the dummy in the vertically such that it coincides with the distance from the vehicle’s longitudinal standing position. The arms may be at longitudinal centerline of the bucket centerline as the center of the steering any position. seat. Position the kneeling dummy in wheel rim. In the case of vehicles (2) In the case of vehicles equipped the right front passenger seat with the equipped with bucket seats, position the with bench seats, position the dummy facing the rear of the vehicle. midsagittal plane of the dummy midsagittal plane of the dummy Position the dummy such that the vertically such that it coincides with the vertically and parallel to the vehicle’s dummy’s head is in contact with the longitudinal centerline of the bucket longitudinal centerline and the same seat back. The arms may be at any seat. Position the dummy so that the distance from the vehicle’s longitudinal position. horizontal distance from the dummy’s centerline as the center of the steering (3) Start the vehicle engine and then back to the seat back is no less than 25 wheel rim. In the case of vehicles close all vehicle doors. mm (1 inch) and no more than 150 mm equipped with bucket seats, position the (4) Check whether the air bag is (6 inches), as measured from the midsagittal plane of the dummy deactivated. (g) Lying on seat: dummy’s mid-sagittal plane at the mid- vertically such that it coincides with the (1) Lay the dummy on the right front sternum level. longitudinal centerline of the bucket passenger seat such that the following (3) Position the dummy’s femurs seat. Position the dummy on the right criteria are met: against the seat cushion. front passenger seat cushion facing the (i) The mid-sagittal plane of the (4) Allow the legs of the dummy to front of the vehicle while placing the dummy is horizontal, extend off the surface of the seat. If this heels of the dummy feet in contact with (ii) The dummy’s spine is positioning the dummy’s legs is the seat back. perpendicular to the vehicle prevented by contact with the (3) Rest the dummy against the seat longitudinal axis, instrument panel, rotate the leg toward back. (iii) The dummy’s upper arms are the floor until there is no contact with (4) Start the vehicle engine and then parallel to its spine, the instrument panel. close all vehicle doors. (iv) A plane passing through the two (5) Rotate the dummy’s lower arms (5) Check whether the air bag is shoulder joints of the dummy is vertical until the dummy’s hands contact the deactivated. and intersects the geometric center of seat. (e) Kneeling on seat, facing forward: the seat bottom (the seat bottom is the (6) Start the vehicle engine and then (1) Position the dummy in a kneeling plan view part of the seat from the close all vehicle doors. position by rotating the dummy’s legs forward most part of the seat back to the (7) Check whether the air bag is 90 degrees behind the dummy (from the forward most part of the seat), deactivated. standing position). (v) The anterior of the dummy is (c) Sitting on seat edge, spine vertical, (2) In the case of vehicles equipped facing the vehicle front, and the head is hands by the dummy’s side: with bench seats, position the positioned towards the passenger door, (1) In the case of vehicles equipped midsagittal plane of the dummy and with bench seats, position the vertically and parallel to the vehicle’s (vi) Leg position is not set and can be midsagittal plane of the dummy longitudinal centerline and the same articulated to fit above conditions. vertically and parallel to the vehicle’s distance from the vehicle’s longitudinal (2) If the top of the dummy’s head is longitudinal centerline and the same centerline as the center of the steering not within 50 to 100 mm (2-4 inches) of distance from the vehicle’s longitudinal wheel rim. In the case of vehicles the vehicle side door structure, translate centerline as the center of the steering equipped with bucket seats, position the the dummy laterally so that the top of wheel rim. In the case of vehicles midsagittal plane of the dummy the dummy head is 50 to 100 mm (2-4 equipped with bucket seats, position the vertically such that it coincides with the inches) from the vehicle door structure. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.191 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60615 (3) Rotate the thighs toward the chest seat is full forward, whichever occurs raised with the use of spacers (foam of the dummy and rotate the legs against first. blocks, etc.) placed on the floor of the the thighs. (9) To keep the dummy in position, a vehicle. (4) Place the dummy’s upper left arm thread with a maximum breaking S22.3.2.9 Position the upper arms parallel to the vehicle’s transverse plane strength of 311 N (70 pounds) that does parallel to the spine and rotate the lower and the lower arm 90 degrees to the not interfere with the suppression arms forward (at the elbow joint) upper arm. Rotate the left lower arm device may be used to hold the dummy. sufficiently to prevent contact with or down about the elbow joint until (10) Start the vehicle engine and then support from the seat. movement is obstructed. The final close all vehicle doors. S22.3.2.10 Position the lower limbs position should resemble a fetal (11) Check whether the air bag is of the dummy so that the feet rest flat position. deactivated. on the floorboard (or the feet are (5) Start the vehicle engine and then S22.3 Low risk deployment test positioned parallel to the floorboard) of close all vehicle doors. (Hybrid III 3-year-old child dummy). the vehicle and the legs are vertical. If (6) Check whether the air bag is S22.3.1 Position the dummy necessary, raise the dummy vertically deactivated. according to any of the following with the use of spacers (foam blocks, (h) Low risk deployment test position positions: Position 1 (S22.3.2) or etc.) placed on the floor of the vehicle. 1. Position 2 (S22.3.3). S22.3.2.11 Support the dummy so (1) Position the dummy in accordance S22.3.2 Position 1 (chest on that there is minimum interference with with the position set forth in S22.3.2. instrument panel). the full rotational and translational (2) Start the vehicle engine and then S22.3.2.1 Locate and mark the center freedom for the upper torso of the close all vehicle doors. point of the dummy’s chest/rib plate dummy. (3) Check whether the air bag is (the vertical mid-point on the mid- S22.3.2.12 If necessary, tether the deactivated. sagittal plane of the frontal chest plate upper torso with a thread with a (i) Sitting on seat edge, head of the dummy). This will be referred to maximum breaking strength of 311 N contacting the mid-face of the as ‘‘Point A.’’ (70 pounds) such that the tether is not instrument panel. S22.3.2.2 Locate the point on the air situated in the air bag deployment (1) Locate and mark the center point bag module cover that is the geometric envelope. of the dummy’s rib cage or sternum center of the air bag module cover. This S22.3.3 Position 2 (head on plate. (The vertical mid-point on the is referred to as ‘‘Point B.’’ instrument panel). mid-sagittal plane of the frontal chest S22.3.2.3 Locate the horizontal S22.3.3.1 Locate and mark the center plate of the dummy). This will be plane that passes through Point B. This point of the dummy’s chest/rib plate referred to as ‘‘Point A.’’ will be referred to as ‘‘Plane 1.’’ (the vertical mid-point on the mid- (2) Locate the point on the air bag S22.3.2.4 Locate the vertical plane sagittal plane of the frontal chest plate module cover that is the geometric parallel to the vehicle longitudinal axis of the dummy). This will be referred to center of the air bag module cover. This and passing through Point B. This will as ‘‘Point A.’’ will be referred to as ‘‘Point B’’. be referred to as ‘‘Plane 2.’’ S22.3.3.2 Locate the point on the air (3) Locate the horizontal plane that S22.3.2.5 Move the passenger seat to bag module cover that is the geometric passes through Point B. This will be the full rearward seating position. Place center of the air bag module cover. This referred to as ‘‘Plane 1’’. the seat back in the nominal design will be referred to as ‘‘Point B.’’ (4) ‘‘Plane 2’’ is defined as the vertical position for a 50th percentile adult male S22.3.3.3 Locate the vertical plane plane which passes through Point B and dummy (S8.1.3) as specified by the which passes through Point B and is is parallel to the vehicle’s longitudinal vehicle manufacturer. parallel to the vehicle longitudinal axis. axis. S22.3.2.6 Place the dummy in the This will be referred to as ‘‘Plane 2.’’ (5) Move the passenger seat to the full front passenger seat such that: S22.3.3.4 Move the passenger seat to rearward seating position. S22.3.2.6.1 Point A is located in the full rearward seating position. Place (6) Place the dummy in the front Plane 2. the seat back in the nominal design passenger seat such that: S22.3.2.6.2 A vertical plane through position for a 50th percentile adult male (i) Point A is located in Plane 2. the dummy shoulder joints is at 90 (S8.1.3) as specified by the vehicle (ii) A vertical plane through the degrees to the longitudinal axis of the manufacturer. shoulder joints of the dummy is 90 vehicle. S22.3.3.4 Place the dummy in the degrees to the longitudinal axis of the S22.3.2.6.3 The legs are positioned front passenger seat such that: vehicle. 90 degrees to the thighs. S22.3.3.4.1 Point A is located in (iii) The legs are positioned 90 S22.3.2.6.4 The dummy is Plane 2. degrees (right angle) from horizontal. positioned forward in the seat such that S22.3.3.4.2 A vertical plane through (iv) The dummy is positioned forward the dummy’s upper spine plate is the shoulder joints of the dummy is at in the seat such that the legs rest against vertical, and the legs rest against the 90 degrees to the longitudinal axis of the the front of the seat and such that the front of the seat. vehicle. dummy’s upper spine plate is vertical. S22.3.2.7 Move the dummy forward S22.3.3.4.3 The legs are positioned (7) Rotate the dummy’s torso by until the upper torso or head of the 90 degrees (right angle) from horizontal. applying a force towards the front of the dummy makes contact with the S22.3.3.4.4 The dummy is vehicle on the spine of the dummy instrument panel of the vehicle. positioned forward in the seat such that between the shoulder joints. Continue S22.3.2.8 Once contact is made, the legs rest against the front of the seat applying force until the head C.G. is in raise the dummy vertically until Point A and such that the dummy’s upper spine Plane 1, or the spine angle at the upper lies within Plane 1 (the vertical height plate is from vertical. Note: For some spine plate is 45 degrees, whichever to the center of the air bag) or until a seats, it may not be possible to position produces the greatest rotation. minimum clearance of 6 mm (0.25 the dummy with the legs in the (8) Move the seat forward until the inches) between the dummy head and prescribed position. In this situation, dummy comes in contact with the the windshield is attained. If additional rotate the legs forward until the dummy forward structure of the vehicle, or the height is required, the dummy may be is resting on the seat with the feet VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.193 pfrm03 PsN: 05NOP3 60616 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules positioned flat on the floorboard and the to and including 29 km/h (18 mph), into 2. 5 1 t2 dummy’s upper spine plate is vertical. a fixed rigid barrier that is ∫ adt () t− t ± − t 2 1 S22.3.3.5 Move the seat forward, perpendicular 5 degrees to the line of ()t2 t 1 1 while maintaining the upper spine plate travel of the vehicle under the orientation until some portion of the applicable conditions of S8 of this shall not exceed 700 where a is the dummy contacts the vehicle’s standard. resultant acceleration expressed as a multiple of g (the acceleration of instrument panel. S23 Requirements using 6-year-old gravity), and t1 and t2 are any two points S22.3.3.5.1 If contact has not been child dummies. made with the vehicle’s instrument in time during the crash of the vehicle panel at the full forward seating S23.1 Each vehicle shall, at the which are separated by not more than a position of the seat, slide the dummy option of the manufacturer, meet the 15 millisecond time interval. forward on the seat until contact is requirements specified in S23.2, S23.3, S23.5.3 The resultant acceleration made. Maintain the upper spine plate or S23.4, under the test procedures calculated from the output of the orientation. specified in S24. thoracic instrumentation shown in S22.3.3.5.2 Once contact is made, S23.2 Option 1—Automatic drawing [a drawing incorporated by rotate the dummy forward until the suppression feature that always reference in Part 572 would be head and/or upper torso are in contact suppresses the air bag when a child is identified in the final rule] shall not with the vehicle’s instrument panel. present. Each vehicle shall meet the exceed 60 g’s, except for intervals whose Rotation is achieved by applying a force requirements specified in S23.2.1 cumulative duration is not more than 3 towards the front of the vehicle on the through S23.2.2. milliseconds. spine of the dummy between the S23.2.1 The vehicle shall be S23.5.4 Compression deflection of shoulder joints. equipped with an automatic the sternum relative to the spine, as S22.3.3.5.3 Rotate the thighs suppression feature for the passenger air determined by instrumentation [a downward and rotate the legs and feet bag which results in deactivation of the drawing incorporated by reference in rearward (toward the rear of vehicle) so air bag during each of the static tests Part 572 would be identified in the final as not to impede the rotation of the specified in S24.2 (using a Part 572 rule] shall not exceed 40 mm (1.6 head/torso into the vehicle’s instrument Subpart N Hybrid III 6-year-old child inches). panel. dummy), and activation of the air bag S23.5.5 The biomechanical neck S22.3.3.5.4 Reposition the legs so during each of the static tests specified injury predictor, Nij, shall not exceed a that the feet rest flat on (or parallel to) in S20.3 (using a Part 572 Subpart O value of 1.0 at any point in time. The the floorboard with each ankle joint Hybrid III 5th percentile adult female following procedure shall be used to positioned as nearly as possible to the dummy). compute Nij. The axial force (Fz) and midsaggital plane of the dummy. flexion/extension moment about the S22.3.3.5.5 If necessary, tether the S23.2.2 The vehicle shall be equipped with a mechanism that occipital condyles (My) shall be used to upper torso with a thread with a calculate four combined injury maximum breaking strength of 311 N indicates whether the occupant restraint system is suppressed. The mechanism predictors, collectively referred to as (70 pounds) and/or place a wedge under Nij. These four combined values the dummy’s pelvis. The tether may not need not be located in the occupant compartment. represent the probability of sustaining be situated in the air bag deployment each of four primary types of cervical S23.2.3 The vehicle shall be envelope. Note: If contact with the injuries; namely, tension-extension equipped with a telltale light on the instrument panel cannot be made by (NTE), tension-flexion (NTF), instrument panel meeting the sliding the dummy forward in the seat, compression-extension (NCE), and requirements specified in S19.2.3. then place the dummy in the forward- compression-flexion (NCF) injuries. most position on the seat that will allow S23.3 Option 2— Dynamic Axial force shall be filtered at SAE class the head/upper torso to rest against the automatic suppression system that 1000 and flexion/extension moment instrument panel of the vehicle. suppresses the air bag when an (My) shall be filtered at SAE class 600. S22.3.3.6 Position the upper arms occupant is out of position. (This option Shear force, which shall be filtered at parallel to the upper spine plate and is available under the conditions set SAE class 600, is used only in rotate the lower arm forward sufficiently forth in S27.1.) The vehicle shall be conjunction with the measured moment to prevent contact with or support from equipped with a dynamic automatic to calculate the effective moment at the the seat. suppression system for the passenger air location of the occipital condyles. The S22.3.4 Deploy the right front bag which meets the requirements equation for calculating the Nij criteria passenger air bag. If the air bag contains specified in S27. is given by: a multistage inflator, any stage or S23.4 Option 3—Low risk Nij=(Fz/Fzc)+(My/Myc) combination of stages may be fired that deployment. Each vehicle shall meet the could deploy in crashes at or below 29 where Fzc and Myc are critical values injury criteria specified in S23.5 of this corresponding to: km/h (18 mph), under the test standard when the passenger air bag is procedure specified in S22.4. Fzc=2800 N (629 lbf) for tension statically deployed in accordance with Fzc=2800 N (629 lbf) for compression S22.4 Test procedure for the procedures specified in S24.3. determining stages of air bags subject to Myc=93 Nm (69 lbf-ft) for flexion about low risk deployment test requirement. In S23.5 Injury criteria (Hybrid III 6- occipital condyles the case of an air bag with a multistage year-old child dummy). Myc=39 Nm (29 lbf-ft) for extension inflator, any stage or combination of S23.5.1 All portions of the test about occipital condyles stages that fires in the following rigid dummy shall be contained within the Each of the four Nij values shall be barrier test may be deployed when outer surfaces of the vehicle passenger calculated at each point in time, and all conducting the low risk deployment compartment. four values shall not exceed 1.0 at any tests described in S22.3, S24.4, and S23.5.2 The resultant acceleration at point in time. When calculating NTE and S26.3. Impact the vehicle traveling the center of gravity of the head shall be NTF, all compressive loads shall be set longitudinally forward at any speed, up such that the expression: to zero. Similarly, when calculating NCE VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.195 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60617 and NCF, all tensile loads shall be set to (g) Lean the dummy against the S24.3.2.9 Position the upper arms zero. In a similar fashion, when outboard door. parallel to the spine and rotate the lower calculating NTE and NCE, all flexion (h) Close the vehicle’s passenger-side arms forward (at the elbow joint) moments shall be set to zero. Likewise, vehicle and then start the vehicle sufficiently to prevent contact with or when calculating NTF and NCF, all engine; close all remaining doors. support from the seat. extension moments shall be set to zero. (i) Check whether the air bag is S24.3.2.10 Support the dummy so S23.5.6 Test duration for purpose of deactivated. that there is minimum interference with measuring injury criteria. For tests S24.3 Low risk deployment test the full rotational and translational conducted pursuant to S23.5, the injury (Hybrid III 6-year old child dummy). freedom for the upper torso of the criteria shall be met up to 100 S24.3.1 Position the dummy dummy. milliseconds after the air bag deploys. according to any of the following S24.3.2.10.1 If necessary, tether the S24 Test procedure for S23. positions: Position 1 (S24.3.2) or upper torso with a thread with a Position 2 (S24.3.3). S24.1 General provisions and maximum breaking strength of 311 N S24.3.2 Position 1 (chest on (70 pounds) such that the tether is not definitions. Tests specifying the use of instrument panel). a forward-facing child seat or booster S24.3.2.1 Locate and mark the center situated in the air bag deployment seat may be conducted using any seat point of the dummy’s rib cage or envelope. listed in Section D of Appendix A of sternum plate (the vertical mid-point on S24.3.3 Position 2 (head on this standard. The seat may be used or the mid-sagittal plane of the frontal instrument panel). unused; if used there must not be any chest plate of the dummy). This will be S24.3.3.1 Locate and mark the center visible damage. referred to as ‘‘Point A.’’ point of the dummy’s chest/rib plate S24.1.2 The definitions provided in S24.3.2.2 Locate the point on the air (the vertical mid-point on the mid- S16.3.1 apply to the tests specified in bag module cover that is the geometric sagittal plane of the frontal chest plate S24. center of the air bag module cover. This of the dummy). This will be referred to S24.2 Static tests of automatic will be referred to as ‘‘Point B.’’ as ‘‘Point A.’’ suppression feature which must result S24.3.2.3 Locate the horizontal S24.3.3.2 Locate the point on the air in deactivation of the passenger air bag plane that passes through Point B. This bag module cover that is the geometric when a child is present. will be referred to as ‘‘Plane 1.’’ center of the air bag module cover. This S24.2.1 Except as provided in S24.3.2.4 Locate the vertical plane will be referred to as ‘‘Point B.’’ S24.2.2, all tests specified in S22.2 shall parallel to the vehicle longitudinal axis S24.3.3.3 Locate the vertical plane be conducted using the 6-year-old and passing through Point B. This will which passes through Point B and is Hybrid III child dummy. be referred to as ‘‘Plane 2.’’ parallel to the vehicle longitudinal axis. S24.2.2 Exceptions. The tests S24.3.2.5 Position the right front This will be referred to as ‘‘Plane 2.’’ specified in the following paragraphs of passenger vehicle seat at any seat track S24.3.3.4 Position the right front S22.2 shall not be conducted using the location, at any seat height, and at any passenger vehicle seat at any seat track 6-year-old Hybrid III child dummy: seat back angle between the location, at any seat height, and at any S22.2.2.2(d), (e), (f), (g), and (h). manufacturer’s nominal design position seat back angle between the S24.2.3 Sitting back in the seat and for the 50th percentile adult male as manufacturer’s nominal design position leaning on the right front passenger specified in S8.1.3. for the 50th percentile adult male as door (This test is conducted using the 6- S24.3.2.6 Place the dummy in the specified in S8.1.3. year-old Hybrid III child dummy but not front passenger seat such that: S24.3.3.5 Place the dummy in the the 3-year-old Hybrid III child dummy). S24.3.2.6.1 Point A is located in front passenger seat such that: (a) Position the right front passenger Plane 2. S24.3.3.5.1 Point A is located in S24.3.2.6.2 A vertical plane through vehicle seat at any seat track location, at Plane 2. the dummy shoulder joints is at 90 any seat height, and at any seat back S24.3.3.5.2 A vertical plane through degrees to the longitudinal axis of the angle between the manufacturer’s the shoulder joints of the dummy is at vehicle. nominal design position for the 50th S24.3.2.6.3 The legs are positioned 90 degrees to the longitudinal axis of the percentile adult male as specified in 90 degrees to the thighs. vehicle. S8.1.3. S24.3.2.6.4 The dummy is S24.3.3.5.3 The legs are positioned (b) Position the dummy in the seated positioned forward in the seat such that 90 degrees (right angle) from horizontal. position and place the dummy in the the dummy’s upper spine plate is 6 S24.3.3.5.4 The dummy is right front passenger seat. degrees forward (toward the front of the positioned forward in the seat such that (c) Place the dummy’s lower torso on vehicle) of the vertical position, and the the legs rest against the front of the seat the outboard portion of the seat with the legs rest against the front of the seat or and such that the dummy’s upper spine dummy’s back against the seat back and the feet are resting flat on the floorboard plate is 6 degrees forward (toward front the dummy’s thighs resting on the seat of the vehicle. of vehicle) of the vertical position. cushion. S24.3.2.6.5 Mark this position, and Note: For some seats, it may not be (d) Allow the legs of the dummy to remove the legs at the pelvic interface. possible to position the dummy with the legs extend off the surface of the seat. If this S24.3.2.7 Move the dummy forward in the prescribed position. In this situation, positioning of the dummy’s legs is until the upper torso or head of the rotate the legs forward until the dummy is prevented by contact with the dummy makes contact with the resting on the seat with the feet positioned instrument panel, rotate the leg toward vehicle’s instrument panel. flat on the floorboard and the dummy’s upper the floor until there is no contact with S24.3.2.8 Once contact is made, spine plate is 6 degrees forward (toward the the instrument panel. raise the dummy vertically until Point A front of the vehicle) of the vertical position. (e) Rotate the dummy’s upper arms lies within Plane 1 (the vertical height S24.3.3.6 Move the seat forward, toward the seat back until they make to the center of the air bag) or until a while maintaining the upper spine plate contact. minimum clearance of 6 mm (0.25 orientation until some portion of the (f) Rotate the dummy’s lower arms inches) between any part of the dummy dummy contacts the vehicle’s down until they contact the seat. head and windshield is attained. instrument panel. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.196 pfrm03 PsN: 05NOP3 60618 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules S24.3.3.6.1 If contact has not been the procedures specified in S26 of this and dummy height until the head or made with the vehicle’s instrument standard. torso contacts the steering wheel. panel at the full forward seating S26 Test procedure for low risk S26.2.10 If necessary, a thread with position of the seat, slide the dummy deployment of driver-side air bag. a maximum breaking strength of 311 N forward on the seat until contact is S26.1 Position the Part 571 Subpart (70 pounds) may be used to hold the made. Maintain the upper spine plate O 5th percentile adult female test dummy against the steering wheel. orientation. dummy according to any of the Position the thread so as to eliminate or S24.3.3.6.2 Once contact is made, following positions: Driver position 1 minimize any contact with the rotate the dummy forward until the (S26.2) or Driver position 2 (S26.3). deploying air bag. head and/or upper torso are in contact S26.2 Driver position 1 (chin on S26.3 Driver position 2 (chin on with the vehicle’s instrument panel. module). rim). Rotation is achieved by applying a force 26.2.1 Adjust the steering controls S26.3.1 The driver’s seat track is not towards the front of the vehicle on the so that the steering wheel hub is at the specified and may be positioned to best spine of the dummy between the geometric center of the locus it facilitate the positioning of the dummy. shoulder joints. describes when it is moved through its S26.3.2 Locate the point on the air S24.3.3.6.3 Rotate the legs and feet full range of driving positions. If there bag module cover that is the geometric rearward (toward rear of vehicle) so as is no setting at the geometric center, center of the steering wheel. This will position it one setting lower than the not to impede the rotation of the head/ be referred to as ‘‘Point B.’’ geometric center. torso into the vehicle’s instrument S26.3.3 Locate and mark the center S26.2.2 Locate the point on the air point of the dummy’s rib cage or panel. bag module cover that is the geometric S24.3.3.6.4 Reposition the legs so sternum plate (the vertical mid-point on center of the steering wheel. This will the mid-sagittal plane of the frontal that the feet rest flat on (or parallel to) be referred to as ‘‘Point B.’’ the floorboard with the ankle joints chest plate of the dummy). This will be S26.2.3 Locate and mark the center referred to as ‘‘Point A.’’ positioned as nearly as possible to the point of the dummy’s rib cage or midsaggital plane of the dummy. S26.3.4 Locate the horizontal plane sternum plate (the vertical mid-point on that passes through Point B. This will be S24.3.3.6.5 If necessary, tether the the mid-sagittal plane of the frontal upper torso with a thread with a referred to as ‘‘Plane 1.’’ chest plate of the dummy). This will be S26.3.5 Locate the vertical plane maximum breaking strength of 311 N referred to as ‘‘Point A.’’ perpendicular to Plane 1 which passes (70 pounds) and/or place a wedge under S26.2.4 Locate the horizontal plane through Point B. This will be referred to the dummy’s pelvis. The tether may not that passes through Point B. This will be as ‘‘Plane 2.’’ be situated in the air bag’s deployment referred to as ‘‘Plane 1.’’ S26.3.6 Place the dummy in the envelope. S26.2.5 Locate the vertical plane front driver seat so that Point A is Note: If contact with the instrument panel perpendicular to Plane 1 and parallel to located in Plane 2. cannot be made by sliding the dummy the vehicle longitudinal axis which S26.3.7 Rotate the dummy forward forward in the seat, then place the dummy passes through Point B. This will be until its upper spine plate is 6 degrees in the forward-most position on the seat that referred to as ‘‘Plane 2.’’ forward (toward the front of the vehicle) will allow the head/upper torso to rest S26.2.6 Move the driver seat to the against the vehicle’s instrument panel. of the steering wheel angle. full rearward seating position. Place the S26.3.8 Position the dummy so that S24.3.3.7 Position the upper arms seat back in the nominal design position the center of the chin is in contact with parallel to the torso and rotate the lower for a 50th percentile adult male (S8.1.3) the uppermost portion of the rim of the arms forward sufficiently to prevent as specified by the vehicle steering wheel. Do not hook the chin contact with or support from the seat. manufacturer. over the top of the rim of the steering S24.3.4 Deploy the right front S26.2.7 Place the dummy in the seat wheel. Position the chin to rest on the such that: passenger air bag. If the air bag contains upper edge of the rim, without loading S26.2.7.1 Point A is located in Plane a multistage inflator, any stage or the neck. If the dummy head contacts combination of stages may be fired that 2. S26.2.7.2 A vertical plane through the vehicle upper interior before the could deploy in crashes at or below 29 the dummy shoulder joints is at 90 prescribed position can be obtained, the km/h (18 mph), under the test degrees to the longitudinal axis of the dummy height may be adjusted as close procedure specified in S22.4. to the prescribed position as possible, vehicle. ± ± S25 Requirements using an out-of- S26.2.7.3 The legs are positioned 90 while maintaining a 10 2 mm (0.4 .08 position 5th percentile adult female degrees to the thighs. inches) clearance from the vehicle’s dummy at the driver position. S26.2.7.4 Rotate the dummy forward upper interior. S25.1 Each vehicle shall, at the until its upper spine plate angle is 6 S26.3.9 To raise the height of the option of the manufacturer, meet the degrees forward (toward the front of the dummy to attain the required requirements specified in S25.2 or S25.3 vehicle) of the steering wheel angle. positioning, spacer blocks (foam, etc.) of this standard. S26.2.8 Adjust the height of the may be placed on the driver’s seat S25.2 Option 1—Dynamic automatic dummy so that the bottom of the chin beneath the dummy. If necessary, a suppression system. (This option is is in the same horizontal plane as the thread with a maximum breaking available under the conditions set forth highest point of the module cover strength of 311 N (70 pounds) is used in S27.1.) The vehicle shall be equipped (dummy height can be adjusted using to hold the dummy against the steering with a dynamic automatic suppression the seat position and/or spacer blocks). wheel. Position the thread so as to system for the driver air bag which If the seat height prevents the bottom of eliminate or minimize any contact with meets the requirements specified in S27. chin from being in the same horizontal the deploying air bag. S25.3 Option 2—Low risk plane as the module cover, adjust the S26.4 Deploy the driver air bag. If deployment. Each vehicle shall meet the dummy height to as close to the the air bag contains a multistage injury criteria specified in S15.3 of this prescribed position as possible. inflator, any stage or combination of standard when the driver air bag is S26.2.9 Move the dummy forward, stages is fired that may deploy in statically deployed in accordance with maintaining the upper spine plate angle crashes at or below 29 km/h (18 mph), VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.198 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60619 under the test procedure specified in criteria specified in S21.5 and S23.5, as weighs between 21 and 25.6 kg (46.5 S22.4. appropriate, when the passenger air bag and 56.5 lb), and who is between 114 S27 Option for dynamic automatic is statically deployed in accordance and 124.5 cm (45 and 49 inches) tall suppression system that suppresses the with the procedures specified in S28.2. may be used. air bag when an occupant is out-of- S27.6 Dynamic test requirement (d) For S19.2, S21.2, and S23.2, position. (suppression of air bag for occupants instead of using the Part 572 Subpart O S27.1 Availability of option. This inside the ASZ). Hybrid III 5th percentile adult female option is available for either air bag, S27.6.1 Driver. The DASS shall test dummy, a female who weighs singly or in conjunction, subject to the suppress the driver air bag before the between 46.7 and 51.25 kg (103 lb and requirements of S27, if: head, neck, or torso of the specified test 113 lb), and who is between 139.7 and (a) A petition for rulemaking to device enters the ASZ when the vehicle 150 cm (55 and 59 inches) tall may be establish dynamic automatic is tested under the procedures specified used. suppression system test procedures is in S28.3. S29.2 Human beings shall be submitted pursuant to Subpart B of Part S27.6.2 Passenger. The DASS shall dressed in a cotton T-shirt, full length 552 and a test procedure applicable to suppress the passenger air bag before cotton trousers, and sneakers. Specified the vehicle is added to S28 pursuant to head, neck, or torso of the specified test weights and heights include clothing. the procedures specified by that device enters the ASZ when the vehicle S29.3 A manufacturer exercising subpart, or is tested under the procedures specified this option shall upon request— (b) A test procedure applicable to the in S28.4. (a) Provide NHTSA with a method, vehicle is otherwise added to S28. S28 Test procedure for S27 of this and identify any parts or equipment S27.2 Definitions. For purposes of standard. [Reserved] necessary to deactivate the air bag S27 and S28, the following definitions S28.1 Driver suppression zone during compliance testing under S20.3, apply: verification test (part 572, subpart O 5th S22.2, and S24.2; such assurance may Dynamic automatic suppression percentile female dummy). [Reserved] be made by removing the air bag; and system or DASS means a portion of an S28.2 Passenger suppression zone (b) Provide NHTSA with a method to air bag system that automatically verification test ( part 572, subpart P 3- assure that the same test results would controls whether or not the air bag year-old child dummy and Part 572, be obtained if the air bag were not deploys during a crash by: subpart N 6-year-old child dummies). deactivated. (1) Sensing the location of an [Reserved)] S30 Cruise control deactivation. occupant, moving or still, in relation to S28.3 Driver dynamic test procedure S30.1 If a vehicle is equipped with the air bag; for DASS requirements. [Reserved] a cruise control device, this device shall (2) Interpreting the occupant S28.4 Passenger dynamic test be deactivated whenever any stage of characteristics and location information procedure for DASS requirements. the air bag system deploys. to determine whether or not the air bag [Reserved] S30.2 The cruise control device should deploy; and S29 Manufacturer option to certify shall be deactivated when the device is (3) Activating or suppressing the air vehicles to certain static suppression tested under the procedures specified in bag system based on the interpretation test requirements using human beings S31. of occupant characteristics and location rather than test dummies. S31 Test procedure for determining information. S29.1 At the option of the deactivation of cruise control. Automatic suppression zone or ASZ manufacturer, instead of using test S31.1 Each vehicle that is equipped means a three-dimensional zone dummies in conducting the tests for the with a cruise control device shall be adjacent to the air bag cover, specified following static test requirements, equipped with an electrical terminal by the vehicle manufacturer, where the human beings may be used as specified. that permits measurement of the cruise deployment of the air bag will be If human beings are used, they shall control voltage. suppressed by the DASS if a vehicle assume, to the extent possible, the final S31.2 Start the vehicle engine and occupant enters the zone under physical position specified for the engage the cruise control. specified conditions. corresponding dummies for each test. S31.3 Deploy any stage of the S27.3 Requirements. Each vehicle (a) If a manufacturer decides to certify vehicle’s frontal air bag system. shall, at each applicable front outboard a vehicle using a human being for a S31.4 The voltage at the cruise designated seating position, when tested static test, it must use humans for the control voltage terminal shall be zero under the conditions of S28 of this entire series of tests, e.g., 3-year-old within 100 ms after any stage of the standard, comply with the requirements children for each static test involving 3- vehicle’s frontal air bag system deploys. specified in S27.4 through S27.6. year-old test dummies. If a manufacturer S32 Provisions for emergency rescue S27.4 Each vehicle shall be decides to certify a vehicle using a test operations. equipped with a DASS. dummy for a static test, it must use test S32.1 The air bag system shall S27.5 Static test requirement (low dummies for the entire series of tests, deactivate whenever battery power to risk deployment for occupants outside e.g., a Hybrid III 3-year-old child the vehicle is interrupted for at least 60 the ASZ). dummy for each static test involving 3- seconds, and shall reactivate once S27.5.1 Driver (Part 572, Subpart O year-old test dummies. power from the battery is restored. 5th percentile female dummy). Each (b) For S21.2, instead of using the Part S32.2 The air bag system shall vehicle shall meet the injury criteria 572 Subpart P Hybrid III 3-year-old deactivate when the system is tested specified in S15.3 of this standard when child dummy, a human child who under the procedures specified in S33. the driver air bag is statically deployed weighs between 13.4 and 18 kg (29.5 S33 Test procedure for air bag in accordance with the procedures and 39.5 lb), and who is between 89 and deactivation during emergency rescue specified in S28.1. 99 cm (35 and 39 inches) tall may be operations. S27.5.2 Passenger (Part 572, Subpart used. S33.1 Each vehicle shall be P 3-year-old child dummy and Part 572, (c) For S23.2, instead of using the Part equipped with an electrical terminal Subpart N 6-year-old child dummy). 572 Subpart N Hybrid III 6-year-old that permits measurement of the frontal Each vehicle shall meet the injury child dummy, a human child who air bag firing voltage. This terminal will VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.199 pfrm03 PsN: 05NOP3 60620 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules be referred to as the ‘‘air bag firing S33.4 The voltage at the air bag TR plus 60 seconds to check if the air voltage terminal.’’ firing terminal shall remain zero after bag is activated, i.e., the indicator shall S33.2 Start the vehicle engine. time TD plus 61 seconds until power is not be illuminated. Disconnect the vehicle’s battery power. manually restored to the terminal. Record the time of disconnect as time Figures to § 571.208 S33.5 Reconnect the battery. Start TD. * * * * * S33.3 Measure the voltage at the air the vehicle engine. Record the time of bag firing terminal at time TD plus 61 engine start as time TR. Monitor the air BILLING CODE 4910±59±P seconds. bag readiness indicator (S4.5.2) at time VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.201 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60621 VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00067 Fmt 4701 Sfmt 4725 E:\FR\FM\A05NO2.201 pfrm03 PsN: 05NOP3 60622 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00068 Fmt 4701 Sfmt 4725 E:\FR\FM\A05NO2.201 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60623 BILLING CODE 4910±59±C VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.201 pfrm03 PsN: 05NOP3 60624 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules Appendix A to § 571.208—Selection of Child 585.5 Reporting requirements. after the end of the production years Restraint Systems 585.6 Records. ending August 31, 2000, August 31, A. The following car bed, manufactured 585.7 Petition to extend period to file 2001, and August 31, 2002, each between January 1, 1999 and [insert date of report. manufacturer choosing to certify final rule], may be used by the National Authority: 49 U.S.C. 322, 30111, 30115, vehicles according to the advanced air Highway Traffic Safety Administration to test 30117, and 30166; delegation of authority at 49 CFR 1.50. bag requirements of Standard No. 208 the suppression system of a vehicle that has shall submit a report to the National been certified as being in compliance with 49 CFR Part 571.208 S19. § 585.1 Scope. Highway Traffic Safety Administration Cosco Dream Ride Car Bed This part establishes requirements for concerning its passenger cars, trucks, buses, and multipurpose passenger B. Any of the following rear facing child manufacturers of passenger cars and restraint systems, manufactured between trucks, buses, and multipurpose vehicles produced in that production January 1, 1999 and [insert date of final rule], passenger vehicles with a GVWR of year for advance credit for production may be used by the National Highway Traffic 3,855 kg (8500 pounds) or less and an years ending August 31, 2003, August Safety Administration to test the suppression unloaded vehicle weight of 2,495 kg 31, 2004, or August 31, 2005. Each system of a vehicle that has been certified as (5500 pounds) or less to submit a report, report shall— being in compliance with 49 CFR Part and maintain records related to the (1) Identify the manufacturer; 571.208 S19. When the restraint system report, concerning the number of such (2) State the full name, title, and comes equipped with a removable base, the vehicles that meet the advanced air bag address of the official responsible for test may be run either with the base attached preparing the report; or without the base. requirements of Standard No. 208, ‘‘Occupant crash protection’’ (49 CFR (3) Identify the production year being Century Assura 571.208). reported on; Century 560 Institutional (4) Provide the information specified Century Smart Fit § 585.2 Purpose. Cosco Arriva in paragraph (c) of this section; Cosco Turnabout The purpose of these reporting (5) Be written in the English language; Evenflo Discovery requirements is to aid the National and Evenflo First choice Highway Traffic Safety Administration (6) Be submitted to: Administrator, Evenflo On My Way in determining whether a manufacturer National Highway Traffic Safety Fisher-Price Safe Embrace Infant has complied with the advanced air bag Administration, 400 Seventh Street, SW, Graco Infant 7493 requirements of Standard No. 208. Washington, DC 20590. Kolcraft Secura (b) Phase-in reporting requirements. C. Any of the following forward-facing § 585.3 Applicability. Within 60 days after the end of the convertible child restraint systems, This part applies to manufacturers of production years ending August 31, manufactured between January 1, 1999 and passenger cars and trucks, buses, and 2003, August 31, 2004 and August 31, [insert date of final rule], may be used by the multipurpose passenger vehicles with a 2005, each manufacturer shall submit a National Highway Traffic Safety GVWR of 3,855 kg (8500 pounds) or less Administration to test the suppression report to the National Highway Traffic and an unloaded vehicle weight of 2,495 Safety Administration concerning its system of a vehicle that has been certified as kg (5500 pounds) or less. However, this being in compliance with 49 CFR Part compliance with the advanced air bag 571.208 S19, or S21. part does not apply to any requirements of Standard No. 208 for its manufacturers whose production Britax Roundabout passenger cars, trucks, buses, and Century Encore consists exclusively of walk-in vans, multipurpose passenger vehicles Cosco Touriva vehicles designed to be sold exclusively produced in that production year. Each Evenflo Scout to the U.S. Postal Service, vehicles report shall also include the number of Early Development Folder A-Lock manufactured in two or more stages, pre-phase-in vehicles, if any, that are Fisher Price Safe-Embrace and vehicles that are altered after being applied to the production year Kolcraft Secure Fit previously having been certified in being reported. Each report shall— D. Any of the following forward-facing accordance with part 567 of this (1) Identify the manufacturer; toddler/belt positioning booster systems, chapter. (2) State the full name, title, and manufactured between January 1, 1999 and [insert date of final rule], may be used by the § 585.4 Definitions. address of the official responsible for National Highway Traffic Safety (a) All terms defined in 49 U.S.C. preparing the report; Administration as test devices to test the 30102 are used in their statutory (3) Identify the phase-in schedule suppression system of a vehicle that has been meaning. paragraph from S14.1 of 49 CFR 571.208 certified as being in compliance with 49 CFR (b) Bus, gross vehicle weight rating or for which it has chosen to comply with Part 571.208 S21 or S23. GVWR, multipurpose passenger vehicle, until September 1, 2005; Britax Cruiser passenger car, and truck are used as (4) Identify the production year being Century Next Step defined in § 571.3 of this chapter. reported on; Cosco High Back Booster (c) Advanced air bag requirements of (5) Contain a statement regarding Evenflo Evolution whether or not the manufacturer Kolcraft Prodigy Standard No. 208 refers to the requirements set forth in S14.3, S15, complied with the advanced air bag 6. Part 585 would be revised to read S17, S19, S21, S23, S25, S30, and S32 requirements of Standard No. 208 for as follows: of Federal Motor Vehicle Safety the period covered by the report and the basis for that statement; PART 585ÐADVANCED AIR BAG Standard No. 208, 49 CFR 571.208. (d) Production year means the 12- (6) Provide the information specified PHASE-IN REPORTING in paragraph (d) of this section; REQUIREMENTS month period between September 1 of one year and August 31 of the following (7) Be written in the English language; Sec. year, inclusive. and 585.1 Scope. (8) Be submitted to: Administrator, 585.2 Purpose. § 585.5 Reporting requirements. National Highway Traffic Safety 585.3 Applicability. (a) Advanced credit phase-in Administration, 400 Seventh Street, SW, 585.4 Definitions. reporting requirements. Within 60 days Washington, DC 20590. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.202 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60625 (c) Advanced credit phase-in report (3) Production. Each manufacturer turn off an air bag in that vehicle, content. (1) Manufacturers are not shall report for the production year for subject to the conditions in paragraphs required to report any information with which the report is filed the number of (b)(1) through (5) of this section. respect to those vehicles that are walk- passenger cars and trucks, buses, and * * * * * in vans, vehicles designed to be sold multipurpose passenger vehicles with a Issued on: October 26, 1999. exclusively to the U.S. Postal Service, GVWR of 3,855 kg (8,500 pounds) or Stephen R. Kratzke, vehicles manufactured in two or more less and an unloaded vehicle weight of Acting Associate Administrator for Safety stages, and vehicles that are altered after 2,495 kg (5,500 pounds or less that meet Performance Standards. previously having been certified in the advanced air bag requirements of Note: The following appendixes will not accordance with part 567 of this Standard No. 208. appear in the Code of Federal Regulations. chapter. (4) Vehicles produced by more than (2) Production. Each manufacturer one manufacturer. Each manufacturer Appendix A to the Preamble—Response shall report for the production year for whose reporting of information is to Petition which the report is filed the number of affected by one or more of the express In conjunction with commenting on the passenger cars and trucks, buses, and written contracts permitted by S14.1.3.2 NPRM, Carl Nash and Donald Friedman multipurpose passenger vehicles with a of Standard No. 208 shall: submitted a petition for rulemaking to amend GVWR of 3,855 kg (8,500 pounds) or (i) Report the existence of each Standard No. 208 to ‘‘require effective belt use inducement.’’ The petitioners noted that less and an unloaded vehicle weight of contract, including the names of all 2,495 kg (5,500 pounds) or less that such an amendment would need to be parties to the contract and explain how consistent with a provision of the National meet the advanced air bag requirements the contract affects the report being Traffic and Motor Vehicle Safety Act which of Standard No. 208. submitted. prohibits ignition interlocks and continuous (3) Vehicles produced by more than (ii) Report the actual number of buzzers. one manufacturer. Each manufacturer vehicles covered by each contract. The petitioners stated that the inducements whose reporting of information is could include, but need not be limited to: (1) affected by one or more of the express § 585.6 Records. A continuous visual reminder to buckle seat written contracts permitted by S14.1.3.2 Each manufacturer shall maintain belts located prominently on the instrument of Standard No. 208 shall: records of the Vehicle Identification panel, (2) an intermittent, repeating audible (i) Report the existence of each suggestion (such as with a synthesized voice) Number for each passenger car, warning occupants to buckle their seat belt, contract, including the names of all multipurpose passenger vehicle, truck parties to the contract and explain how and (3) disruption of electrical power to such and bus for which information is ‘‘non-essential’’ accessories as the radio, tape the contract affects the report being reported under §§ 585.5(c)(2) and (d)(3) or CD player, and air conditioning. Mr. Nash submitted. until December 31, 2006. and Mr. Friedman argued that a belt use (ii) Report the actual number of inducement has the potential to save a vehicles covered by each contract. § 585.7 Petitions to extend period to file minimum of 7,000 additional lives per year, (d) Phase-in report content. (1) report. and that, with an effective belt use Manufacturers are not required to report A petition for extension of the time to inducement, NHTSA could simultaneously any information with respect to those submit a report must be received not rescind Standard No. 208’s unbelted test. vehicles that are walk-in vans, vehicles later than 15 days before expiration of After carefully considering the petition submitted by Mr. Nash and Mr. Friedman, we designed to be sold exclusively to the the time stated in § 585.5(a) and (b). The U.S. Postal Service, vehicles have decided to deny it. We note that petition must be submitted to: Standard No. 208 already requires both a manufactured in two or more stages, Administrator, National Highway warning light and an audible signal to and vehicles that are altered after Traffic Safety Administration, 400 remind occupants to wear their seat belts. previously having been certified in Seventh Street, SW, Washington, DC The required warning system is tied to the accordance with part 567 of this 20590. The filing of a petition does not driver seat belt, and the light and audible chapter. automatically extend the time for filing signal are only required for a brief period (2) Basis for phase-in production a report. A petition will be granted only after the driver starts the vehicle. In evaluating Mr. Nash’s and Mr. goals. For production years ending if the petitioner shows good cause for August 31, 2003, August 31, 2004 and Friedman’s petition, we have considered the extension, and if the extension is whether the new requirements they August 31, 2005, each manufacturer consistent with the public interest. recommend would (1) likely result in shall provide the number of passenger additional safety benefits, (2) be acceptable to cars and trucks, buses, and PART 595ÐRETROFIT ON-OFF the public, and (3) be within our statutory multipurpose passenger vehicles with a SWITCHES FOR AIR BAGS authority. None of their recommended GVWR of 3,855 kg (8,500 pounds) or requirements meet all of these criteria. less and an unloaded vehicle weight of 7. The authority citation for part 595 We note that our agency’s previous 2,495 kg (5,500 pounds) or less would continue to read as follows: experience with ignition interlocks indicates manufactured for sale in the United Authority: 49 U.S.C. 322, 30111, 30115, that great care must be taken in requiring States for each of the three previous 30117, 30122 and 30166; delegation of vehicle modifications to induce higher belt authority at 49 CFR 1.50. use, to avoid consumer backlash. As of production years, or, at the August 1973, Standard No. 208 required all manufacturer’s option, for the current 8. Section 595.5 would be amended new cars to be equipped either with production year. A new manufacturer by revising paragraph (a) to read as automatic protection or an ignition interlock that has not previously manufactured follows: for both front outboard seating positions. passenger cars and trucks, buses and General Motors sold about ten thousand of its multipurpose passenger vehicles with a § 595.5 Requirements. 1974 model year cars equipped with air bags GVWR of 3,855 kg (8,500 pounds) or (a) Beginning January 19, 1998, a that met the automatic protection less and an unloaded vehicle weight of dealer or motor vehicle repair business requirement. Every other 1974 model year car sold in the United States came with an 2,495 kg (5,500 pounds) or less for sale may modify a motor vehicle ignition interlock, which prevented the in the United States must report the manufactured before September 1, 2005 engine from operating if either the driver or number of such vehicles manufactured by installing an on-off switch that front seat outboard passenger failed to fasten during the current production year. allows an occupant of the vehicle to their manual seat belt. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.203 pfrm03 PsN: 05NOP3 60626 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules In a notice published in the Federal unbelted occupants still represent about 33 less power than the air bags in earlier model Register (39 FR 10272) on March 19, 1974, percent of all fatalities. We also note that years of that vehicle model. However, the we described the public reaction to the TEA 21 requires us to conduct rulemaking to power levels of current air bags vary widely. ignition interlock as follows: ‘‘Public improve occupant protection for occupants of For example, the redesigned air bags in some resistance to the belt-starter interlock system different sizes, belted and unbelted, while current vehicles are more powerful than the ** * has been substantial, with current minimizing risks. Rescission of Standard No. unredesigned air bags in some earlier tallies of proper lap-shoulder belt usage on 208’s test requirements for unbelted vehicles. 1974 models running at or below the 60% occupants would not be consistent with the level. Even that figure is probably optimistic statutory requirement to improve protection Inflators as a measure of results to be achieved, in for unbelted occupants. Inflators are the devices which pump the light of the likelihood that as time passes the While we have decided to deny Mr. Nash’s gas into air bags to inflate them in a crash. awareness that the forcing systems can be and Mr. Friedman’s petition, for the reasons Single stage inflators. Single stage inflators disabled, and the means for doing so will discussed above, we recognize that increased fill air bags with the same level of power in become more widely disseminated * * *’’ seat belt use offers the potential of enormous all crashes, regardless of whether the crash is There were also speeches on the floor of safety benefits. Even small increases in seat a relatively low or high speed crash. both houses of Congress expressing the belt use offer the potential of significant Multi-stage inflators. Multi-stage inflators public’s anger at the interlock requirement. savings in lives. We therefore encourage (also known as multi-level inflators) operate On October 27, 1974, President Ford signed vehicle manufacturers to evaluate whether at different levels of power, depending on into law a bill that prohibited any Federal vehicle warning and other systems can be which stage is activated. The activation of the motor vehicle safety standard from requiring improved to increase seat belt use in ways different stages can be linked to crash or permitting as a means of compliance any that are acceptable to their customers. severity sensors. In a vehicle with dual-stage seat belt interlock system. In response to this We note that, earlier this year, Ford inflators, only the first stage (lowest level of change in the law, we published a final rule announced plans to use a new ‘‘Belt-Minder’’ power) will be activated in relatively low in the Federal Register (39 FR 38380) on system that warns unbuckled drivers with an speed crashes, while the first and second October 31, 1974 that deleted the interlock intermittent chime until they buckle their stages (highest level of power) will be option from Standard No. 208 effective seat belts. Drivers who don’t want to wear activated in higher speed crashes. As crash immediately. their belts can disable the intermittent chime severity increases, so must the pressure We believe that the petitioner’s by buckling, then unbuckling their belt. inside the air bag in order to cushion the recommendation for a Federal requirement While we note that this is a system that we occupants. for disruption of electrical power to such would not have authority to require, we are accessories as the radio, tape or CD player, encouraged by Ford’s innovative approach Sensors and air conditioning, if a person is not and are hopeful that it will result in Many advanced air bag systems utilize wearing their seat belts, would be increased seat belt use and savings in lives. various sensors to obtain information about unacceptable to a significant portion of the Appendix B to the Preamble—Glossary crashes, vehicles and their occupants. This public. Such a requirement would be information is used to adapt the performance indistinguishable in nature from a Air Bags—In General of the air bag to the particular circumstances requirement for an interlock. Air bags are inflatable restraints. Enough of the crash. It is used in determining As to the petitioners’ recommendation that gas must be pumped into them to cushion whether an air bag should deploy and, if it we require an intermittent, repeating audible occupants. Otherwise, occupants, especially should, and if the air bag has multiple suggestion (such as with a synthesized voice) large ones, could ‘‘bottom out’’ the air bag inflation levels, at what level. Examples of warning occupants to buckle their seat belt, and hit the vehicle interior in a crash. Thus, these sensors include the following: we are expressly prohibited from the amount of pressure within air bags must Crash severity sensors. Crash severity promulgating a requirement under the 1974 be carefully controlled. This is done by sensors measure the severity of a crash, i.e., amendments to the Safety Act. The controlling both the rate at which gas is the rate of reduction in velocity when a petitioners recognized that the amendments pumped into the air bag and the rate at which vehicle strikes another object. If a relatively prohibited us from requiring ‘‘continuous the gas is released from the air bag through low severity crash is sensed, only the lowest buzzers.’’ However, the term ‘‘continuous vents or microscopic holes in the fabric itself. stage of a dual-stage inflator will fill the air buzzer’’ was defined to mean any buzzer bag; if a more severe crash is sensed, both other than one which operates only during Categories of Frontal Air Bags stages will fill the air bag, inflating it at a the 8 second period after the ignition is Advanced air bags. Advanced air bags are higher level. turned to the ‘‘start’’ or ‘‘on’’ position.1 Thus, air bags that minimize the risk of serious Belt use sensors. Belt use sensors we do not have the authority to require injury to out-of-position occupants and determine whether an occupant is belted or audible warnings outside that 8 second provide improved protection to occupants in not. An advanced air bag system in vehicles period. high speed crashes. They accomplish this with crash severity sensors and dual-stage While we would have authority to require either by incorporating various technologies inflators might use belt use information to a continuous visual reminder, as also that enable the air bags to adapt their adjust deployment thresholds for unbelted recommended by the petitioners, they did performance to a wider range of occupant and belted occupants. Since an unbelted not provide any information indicating that sizes and crash conditions and/or by being occupant needs the protection of an air bag such a reminder would likely result in designed to both inflate in a manner that at lower speeds than a belted occupant does, additional safety benefits over the existing does not pose such risk as well as to provide the air bag would deploy at a lower threshold warning systems. improved protection. Some of these for an unbelted occupant. (Deployment We also note that, even if we believed that technologies are multi-stage inflators, thresholds are explained below.) there existed an effective belt use occupant position sensors, occupant weight Seat position sensors. Seat position sensors inducement that we had authority to require and pattern sensors, and new air bag fold determine how far forward or back a seat is and that was publicly acceptable, we could patterns. (The inflators and sensors are adjusted on its seat track. An advanced air not simultaneously rescind Standard No. explained below.) bag system could be designed so a dual-stage 208’s unbelted test. First, there would be no Redesigned air bags.1 Redesigned air bags air bag deploys at a lower level when the seat way of knowing how effective any belt use are bag systems used in vehicles that have is all the way forward than it does when the inducement would be until after it had been been certified to the unbelted sled test option seat is farther back. This would benefit those in place for several years. Second, as we instead of the unbelted crash test option in short-statured drivers who move their seats noted in the September 1998 NPRM, even in Standard No. 208. Typically, a redesigned air all the way forward. countries where seat belt use is 90 percent, bag in a MY 1998 or 1999 vehicle model has Occupant weight sensors. Occupant weight sensors measure the weight of an occupant. 1 This provision was later codified using different 1 These air bags are also sometimes called An advanced air bag system might use this language but without substantive change at 49 depowered air bags, second generation air bags or information to prevent the air bag from U.S.C. 30124. next generation air bags. deploying at all in the presence of children. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.205 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60627 Pattern sensors. Pattern sensors evaluate thresholds in which the air bag may or may and estimate the risk of serious injury, that the impression made by an occupant or not deploy. people would have experienced in the crash. object on the seat cushion to make Vehicles with advanced air bags may have determinations about occupant presence and different deployment thresholds for belted Fixed Barrier Crash Tests the overall size and position of the occupant. and unbelted occupants, e.g., the deployment All of the crash tests proposed in this They could also sense the presence of a threshold may be higher if an occupant is SNPRM are fixed barrier crash tests, i.e., the particular object like a child seat. An belted. (See belt use sensors above.) test vehicle is crashed into a barrier that is advanced air bag system might use this information to prevent the air bag from Crash Tests vs. Sled Tests fixed in place (as opposed to moving). The types of proposed fixed barrier crash tests are deploying in the presence of children. An In crash tests, instrumented test dummies shown in Figure B1. advanced air bag system might utilize both are placed in a production vehicle which is an occupant weight sensor and an occupant then crashed into a barrier. Measurements Rigid barrier test, perpendicular impact. In pattern sensor. from the test dummies are used to determine a rigid barrier, perpendicular impact test, the Deployment Thresholds the forces, and estimate the risk of serious vehicle is crashed straight into a rigid barrier that does not absorb any crash energy. The The term ‘‘deployment threshold’’ is injury, that people would have experienced full width of the vehicle’s front end hits the typically used to refer to the lowest rate of in the crash. reduction in vehicle velocity in a crash at In sled tests, no crash takes place. The barrier. which a particular air bag is designed to vehicle is placed on a sled-on-rails, and Rigid barrier, oblique impact test. In a rigid deploy. instrumented test dummies are placed in the barrier, oblique impact test, the vehicle is No-fire threshold. The no-fire threshold is vehicle. The sled and vehicle are accelerated crashed at an angle into a rigid barrier. the crash speed below which the air bag is very rapidly backward. As the vehicle moves Offset deformable barrier test. In an offset designed to never deploy. backward, the dummies move forward inside deformable barrier test, one side of a All-fire threshold. The all-fire threshold is the vehicle in much the same way that vehicle’s front end, not the full width, is the crash speed at or above which the air bag people would in a frontal crash. The air bags crashed into a barrier with a deformable face are manually deployed at a pre-selected time is designed to always deploy. that absorbs some of the crash energy. Gray zone. The gray zone is the range of during the sled test. Measurements from the speeds between the no-fire and all-fire dummies are used to determine the forces, BILLING CODE 4910±59±P VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.208 pfrm03 PsN: 05NOP3 60628 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules BILLING CODE 4910±59±C VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.208 pfrm03 PsN: 05NOP3 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60629 Crash Pulses Despite increases in seat belt use, nearly 50 Injury Criteria A crash pulse is the graph or picture of percent of all occupants in potentially fatal This SNPRM proposes performance limits crashes are unbelted. Unbelted tests are how quickly the vehicle occupant for various injury criteria to address the risk compartment is decelerating at different intended to evaluate the protection provided these persons, many of whom are teenagers of several types of injuries. Among these times during a crash. injury criteria are: Stiff crash pulses. In crashes with stiff and young adults. Head Injury Criterion or HIC. Head Injury pulses, the occupant compartment Static Out-of-Position Tests decelerates very abruptly. An example of a Criterion or HIC address the risk of head crash with a stiff pulse would be a full head- Static out-of-position tests are called injury; on crash of a vehicle into a like vehicle. The ‘‘static’’ because the vehicle does not move Nij. Nij addresses the risk of neck injury; perpendicular rigid barrier crash test during the test. These tests are used to and produces a stiff crash pulse. measure the risk that an air bag poses to out- Chest Acceleration and Chest Deflection. of-position occupants. Test dummies are Soft crash pulses. In crashes with soft Chest Acceleration and Chest Deflection placed in specified positions that are pulses, the occupant compartment address the risk of chest injury. decelerates less abruptly, compared to extremely close to the air bag, typically with crashes with hard pulses. An example of a some portion of the dummy touching the air Test Dummies crash with a soft pulse would be the crash bag cover. The air bag is deployed. This SNPRM proposes to use several test of a vehicle into sand-filled barrels such as Measurements from the test dummy are used those seen at toll booths or at the leading to determine the forces, and estimate the risk dummies to represent children and adults of edge of a concrete median barrier. The offset of serious injury, that people would have different sizes. These dummies are: deformable barrier crash test and the 30 experienced in the crash. 12-month old Crash Restraints Air Bag degree oblique rigid barrier crash test Injury Criteria and Performance Limits—In Interaction (CRABI) dummy, representing an produce soft crash pulses. General infant; In crashes involving comparable Hybrid III 3-year-old and 6-year-old child In a crash test, sled test, or static out-of- reductions in velocity, an unrestrained dummies, representing young children; position test, measurements are taken from occupant would hit the vehicle interior (i.e., Hybrid III 5th percentile adult female steering wheel, instrument panel and the test dummy instruments that indicate the dummy, representing a small woman; windshield) at a much higher speed in a forces that a person would have experienced crash with a stiff pulse than in a crash with under the same conditions. Standard No. 208 Hybrid III 50th percentile adult male a soft pulse. specifies several injury criteria. For each dummy, representing an average-size man. criterion, the Standard also specifies a [FR Doc. 99–28366 Filed 11–2–99; 8:56 am] Belted and Unbelted Tests performance limit, based on the level of Belted tests use belted dummies, while forces that create a significant risk of BILLING CODE 4910±59±P unbelted tests use unbelted dummies. producing serious injury. VerDate 29-OCT-99 14:40 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 E:\FR\FM\A05NO2.209 pfrm03 PsN: 05NOP3 eDt 9OT9 44 o 4 99Jt100 O000Fm001Ft41 ft41 :F\M0NP.X fm3PsN:05NOP4 pfrm03 E:\FR\FM\05NOP4.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt190000 14:49Nov04, 1999 VerDate 29-OCT-99 federal register November 5,1999 Friday Program; ProposedRule Teacher QualityEnhancementGrants 34 CFRPart611 Education Department of Part IV 60631 60632 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules DEPARTMENT OF EDUCATION request to the contact person listed in programs: (1) The State Grants Program, the preceding paragraph. which is designed to help States 34 CFR Part 611 SUPPLEMENTARY INFORMATION: promote a broad array of improvements in teacher licensure, certification, RIN: 1840±AC65 Invitation to Comment preparation, and recruitment; (2) The Teacher Quality Enhancement Grants We invite you to submit comments Partnership Grants for Improving Program regarding these proposed regulations. Teacher Preparation Program, which is We invite you to assist us in designed to have schools of education, AGENCY: Office of Postsecondary complying with the specific schools of arts and sciences, high-need Education, Department of Education. requirements of Executive Order 12866 local educational agencies (LEAs), and ACTION: Notice of proposed rulemaking. and its overall requirement of reducing others work together to ensure that new regulatory burden that might result from teachers have the content knowledge SUMMARY: The Acting Assistant these proposed regulations. Please let us and skills their students need of them Secretary for Postsecondary Education know of any further opportunities we when they enter the classroom; and (3) proposes regulations that would should take to reduce potential costs or The Teacher Recruitment Program, implement a requirement of section increase potential benefits while which is designed to help schools and 204(e) of the Higher Education Act preserving the effective and efficient school districts with severe teacher (HEA), as amended by the Higher administration of the program. shortages to secure the high-quality Education Amendments of 1998. During and after the comment period, teachers that they need. Together, these Section 204(a) requires that students in you may inspect all public comments programs are designed to increase teacher preparation programs funded about these proposed regulations in the student achievement by supporting under the Teacher Recruitment Program Department of Education, Teacher comprehensive approaches to must repay scholarships provided with Quality Program Office, 1990 K Street improving teacher quality. program funds if they do not teach in NW, 6th floor, Washington, DC. In particular, the Teacher Recruitment high-need local educational agencies for Comments are available for inspection Grants Program is designed to address a the period of time for which they between the hours of 8:30 a.m. and 4 significant national need for recruiting, receive scholarship assistance. These p.m., Eastern time, Monday through preparing, and hiring more individuals proposed regulations also would extend Friday of each week except Federal to become highly qualified teachers, the provisions implementing section holidays. especially in high-poverty communities. 204(e) to any scholarships awarded to The Teacher Recruitment Grants— students in teacher preparation Assistance to Individuals With awarded either to States or to programs funded under the State and Disabilities in Reviewing the partnerships among high-need LEAs, Partnership Programs authorized in Rulemaking Record teacher preparation institutions, and sections 202 and 203 of the HEA. On request, we will supply an schools of arts and sciences—are DATES: We must receive your comments appropriate aid, such as a reader or designed to reduce shortages of highly on or before December 6, 1999. print magnifier, to an individual with a qualified teachers in high-need school districts. In this regard, local ADDRESSEES: All comments concerning disability who needs assistance to partnerships between school districts these proposed regulations should be review the comments or other and teacher preparation institutions addressed to: Dr. Louis Venuto, Office of documents in the public rulemaking record for these proposed regulations. If have been found to be very effective at Policy, Planning, and Innovation, Office providing teachers for communities of Postsecondary Education, 400 you want to schedule an appointment for this type of aid, you may call (202) where they are most needed. The ‘‘grow Maryland Ave. SW, Washington, DC your own’’ approach is also effective for 20202–5131: Telephone: (202) 708– 205–8113 or (202) 260–9895. If you use a TDD, you may call the Federal these communities because individuals 8847, or by FAX to: (202) 260–9272. If who are already members of a you prefer to send your comments Information Relay Service (FIRS) at 1– 800–877–8339. community are likely to remain there through the Internet use the following after they become teachers. The address: [email protected] General recruitment grants will allow individual You must include the term Background communities to determine their needs ‘‘Scholarship Repayment’’ in the subject for teachers and to recruit and prepare line of your electronic message. On October 8, 1998, the President teachers who meet those needs. States FOR FURTHER INFORMATION CONTACT: Dr. signed into law the Higher Education also can play an important role in Louis Venuto, Higher Education Amendments of 1998 (Pub. L. 105–244). ensuring that high-need school districts Programs, Office of Postsecondary Title II of this law addresses the are able to recruit highly qualified Education, Office of Policy, Planning, Nation’s need to ensure that new teachers, and can use recruitment grants and Innovation, 400 Maryland Avenue, teachers enter the classroom prepared to to develop and implement effective SW, Washington, DC 20202–5131: teach all students to high standards by mechanisms for doing so. Telephone: (202) 708–8847. Inquiries authorizing, as Title II of the Higher One key aspect of the Teacher also may be sent by e-mail to: Education Act (HEA), Teacher Quality Recruitment Grants Program is the [email protected] or by FAX to: Enhancement Grants for States and availability of scholarships to students (202) 260–9272. If you use a Partnerships. The new Teacher Quality who are enrolled in teacher preparation telecommunications device for the deaf Enhancement Grants Program provides programs at the grantee institutions of (TDD), you may call the Federal an historic opportunity to effect positive higher education (IHEs) (or at IHEs Information Relay Service (FIRS) at 1– change in the recruitment, preparation, working with State Teacher Recruitment 800–877–8339. licensing, and on-going support of Program grantees), and who agree to Individuals with disabilities may teachers in America. teach in high-need school districts. As obtain this document in an alternate The new Teacher Quality provided in section 204(e) of the HEA, format (e.g., Braille, large print, Enhancement Grants Program consists in exchange for scholarship support audiotape, or computer diskette) on of three different competitive grant recipients must agree to incur a VerDate 29-OCT-99 15:20 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60633 contractual obligation, under terms the require IHEs to include the amount of recipients, teacher preparation programs Department establishes, to teach in any Teacher Quality Program in which they are enrolled, and the high-need LEAs for a period equivalent scholarship as available resources in LEAs in which they later teach, to to the period for which they receive the determining the amount of student provide information to the Department scholarship. This notice proposes the financial assistance that a student may that it needs to properly administer the terms and conditions of this contractual receive under Title IV. scholarship program. agreement. Therefore, regulations now are needed As explained more fully in this Notice Need To Regulate to establish requirements for of Proposed Rulemaking, scholarship The Department announced the initial scholarships under the Teacher recipients who do not meet this competition for grants under the State, Recruitment Program in areas such as— teaching obligation would have to repay Partnership, and Teacher Recruitment • Whether all those provided the scholarship, accrued interest, and Programs in a notice published in the scholarships with Teacher Recruitment any costs of collection. Providing the Federal Register on February 8, 1999 Program funds should have to meet Department the information it needs to (64 FR 6139). The Department their service obligations by teaching in determine when a recipient has met the announced grant awards under the State high-need schools of high-need LEAs; service obligation and, alternatively, and Teacher Recruitment Programs on • The definition of a ‘‘high-need when a recipient needs to repay these July 28, 1999, and grant awards under LEA’’ and a ‘‘high-need school’’ in sums, would become a shared the Partnership Program on September which scholarship recipients would responsibility of the institutions, 7, 1999. need to teach in order to avoid scholarship recipients, and the high- The need for these regulations is responsibility for repaying their need LEAs in which they will teach. clear. Section 204(e) of the HEA directs scholarships; IHEs and States that accept Teacher the Secretary to establish requirements Recruitment Program grants would need to ensure that recipients of scholarships • How, in order to retain the financial to report to the Department the provided under this program either assistance as a scholarship, the information that identifies the teach, upon graduation, in a high-need Department will calculate the period of scholarship recipients and the amount LEA for a period equivalent to the time in which the scholarship recipient of scholarships they receive. Students period for which they received must teach in a high-need school of a who receive scholarships would have scholarship assistance, or repay the high-need LEA; certain reporting responsibilities that amount of the scholarships. Use of • Conditions under which the would begin upon graduation or program funds for these scholarships is Department may defer a scholarship withdrawal from the teacher training a centerpiece of the Teacher recipient’s service obligation; program and extend until they had Recruitment Program strategy for • The amount of the scholarship fulfilled the service obligation or had addressing teacher shortages in high- recipient’s indebtedness to the Federal repaid the scholarship, interest, and any need areas. Hence, without these government for failure to meet the costs of collection. Among other things, regulations, recipients of Teacher service obligation, terms of repayment, they would assume responsibility for Recruitment Program grants will lack and any limited circumstances under having LEAs in which they teach after the capacity to implement a financial which the Department would discharge graduating from the teacher training incentive that is a key aspect of the this indebtedness; programs provide the Department with program. Likewise, recipients of State • The content of the scholarship basic employment information to and Partnership grants will be unable to agreement that the scholarship recipient confirm that they are fulfilling their implement key activities that depend would execute; service obligation. upon the use of program funds for • The respective responsibilities of Sections 202((d)(7) and 203(e)(4) of scholarships to those attending teacher the scholarship recipient, teacher the HEA expressly permit recipients of preparation programs. preparation program in which the State and Partnership grants to use The February 8, 1999 Notice of recipient is enrolled, and the LEA in program funds for activities that are Eligibility and Selection Criteria to which he or she is later employed, to authorized under the Teacher govern the initial competitions under provide periodically to the Department Recruitment Program. Hence, consistent the three Teacher Quality Programs basic employment and other with their approved applications, established a definition of ‘‘high-need information on the recipient until the grantees of all three Teacher Quality LEA’’ (64 FR 6145). That notice also Department has determined that the Enhancement Grant programs may use requires States and partnerships that recipient has fulfilled the service program funds to provide scholarships receive initial Teacher Recruitment obligation or has repaid the scholarship, to students attending teacher Program grant awards to work to place interest, and any costs of collection; and preparation programs who agree, upon those receiving scholarships through • Whether the rules governing the graduation, to teach in high-need school this program in teaching positions in receipt of scholarships provided under districts. This Notice of Proposed high-need schools of high-need LEAs the Teacher Recruitment Program Rulemaking would have the (64 FR 6145). However, the February 8 should also apply to the receipt of requirements governing scholarships notice did not establish (1) The terms scholarships that grantees provide provided under the Teacher and conditions that will govern the under the State and Partnership Recruitment Program apply also to any receipt of this scholarship assistance; (2) Programs. scholarship provided under the State A specific requirement that scholarship In issuing these proposed regulations, and Partnership Programs. recipients agree to teach in high-need we have sought to keep administrative Finally, to receive scholarship schools of high-need LEAs as a requirements and responsibilities that assistance under any of the Teacher condition of receiving scholarship the public must bear as simple as Quality Enhancement Grant programs, assistance; (3) The applicability of these possible. For example, while students do not need to be eligible for provisions to scholarships provided scholarship recipients are attending Federal student financial assistance under the State, Partnership, or Teacher teacher preparation programs, grantees provided under Title IV of the HEA. Recruitment Program; or (4) The would only report to the Department on However, section 471 of the HEA does responsibilities of the scholarship their status at the beginning of each VerDate 29-OCT-99 15:20 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 60634 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules term. In addition, to confirm that More than 34 percent of the main families with incomes below the scholarship recipients had met their assignment faculty in two of the core- poverty line. service obligations, the application subject departments who do not have a However, we have since determined packages for the Teacher Recruitment major, minor, or significant work in that 40 percent eligibility of enrolled Program available in February 1999 had their main assigned field. students for free lunch subsidies is a proposed that grantees assume some Note: For purposes of the definition measure that is equivalent to nearly 50 responsibility to track recipients once above—‘‘Main assignment field’’ means the percent eligibility of enrolled students they had graduated or withdrawn from academic field in which teachers have the for free and reduced lunch subsidies. the teacher training programs. Under largest percentage of their classes. For several reasons, this 50-percent test ‘‘Significant course work’’ means four or these proposed regulations grantees more college-or graduate-level courses in the based on enrolled students eligible for would not have these responsibilities. content area. free and reduced lunch subsidies is They instead would shift to the preferable to the existing 40 percent test scholarship recipients, the LEAs in 3. A school that has had an attrition based on eligibility for free lunch which they teach, and the Department. rate among classroom teachers of 15 subsidies. First, this 50 percent Moreover, these proposed regulations percent or more in the last three school eligibility test is itself the same measure and the scholarship agreement that years. that Congress recognizes, and most An LEA that serves at least one would reflect them are consistent with LEAs use, to determine a school’s elementary or secondary school meeting the basic terms and conditions of other eligibility to operate as a ‘‘schoolwide one of these three tests would be a Department student financial assistance program’’under Title I of the Elementary ‘‘high-need LEA.’’ programs, such as the Federal Perkins and Secondary Education Act (ESEA). As noted in the preceding section of Loan Program authorized in Title IV, (See also the discussion of Title I this preamble, the February 8, 1999 rule part E, of the HEA. schoolwide programs and targeted The remainder of this section of this governing the initial program assistance programs in the following notice explains in more detail the competition (64 FR 6145) requires all section of this notice.) Use of the 50- regulations that the Department Teacher Recruitment Program grantees percent test here will promote a proposes to adopt for the Teacher (and any high-need LEAs that common definition of ‘‘high-poverty’’in Recruitment Program and, by extension, participate in their projects) to ensure these two programs. Moreover, there is to the State and Partnership Programs as that scholarship recipients are placed, to a strong convergence between the well. the extent possible, in high-need purposes of the Teacher Quality schools within the participating high- programs and the teaching needs of A. Definition of High-Need LEA and need LEAs. Consistent with this schools that are eligible to use their High-Need School requirement, the definitions in § 611.1 Title I, ESEA funds in schoolwide Under these proposed regulations, of these proposed regulations would programs. individuals who are provided clarify that these high-need schools are In particular, section 204 of the HEA scholarships with Teacher Recruitment schools in high-need LEAs that meet requires states and partnerships that Program funds would first need to agree, one or more of the three tests explained receive Teacher Recruitment Program upon graduation, to teach in a ‘‘high- immediately above. Section 611.34(a)(1) grants to work collaboratively with need school’’ of a ‘‘high-need LEA’’ for would clarify that, as a condition of specific high-need LEAs to recruit and at least a period of time that is receiving scholarship assistance, a train individuals who, upon graduation equivalent to the period for which they recipient must execute a binding from teacher preparation programs, will received scholarship assistance. agreement either to teach in a high-need help to address those LEAs’ shortages of Proposed § 611.1, which includes school in a high-need LEA or repay the qualified teachers. Consistent with this definitions that would apply to the scholarship, interest, and any collection statutory requirement, proposed Teacher Quality Enhancement Grants costs. § 611.40(d) would require each grantee Program as a whole, defines those high- These proposed definitions of high- that provides scholarship assistance need schools and high-need LEAs in need LEA and high-need school differ in under this program to work with high- which scholarship recipients must teach one respect from the definitions of these need LEAs that participate in its project to meet their service obligations. These terms that we included in the February so that scholarship recipients are definitions would apply both to Fiscal 8, 1999 rules (64 FR 6147) to govern the placed, to the extent possible, in high- Year 1999 funds that the Department initial Teacher Quality program need schools of those LEAs. Adapting awarded to States and partnerships in competitions. That notice provided that the Title I, ESEA, schoolwide program July 1999 under the initial Teacher the first eligibility test would depend criterion to Title II of the HEA will Recruitment Program competition, and upon the school’s having at least 40 significantly reduce confusion among to funds that the Department will award percent of its enrolled students eligible educators and scholarship recipients under future competitions. for free lunch subsidies. As now alike about schools in which recipients Under proposed § 611.1, a high-need proposed, the test would instead be may teach and fulfill their service school would be an elementary or whether at least 50 percent of the obligation. secondary school that meets one of the school’s enrolled students are eligible for free and reduced lunch subsidies. B. Relationship of Service Obligation to following definitions: Conditions for Debt Forgiveness Under 1. A school that is located in an area The Department had adopted the former the Federal Perkins Loan Program in which 50 percent or more of the test because it then believed that this enrolled students are eligible for free measure was the closest available proxy, Some Teacher Recruitment Program and reduced lunch subsidies. for which LEAs would have data, for the scholarship recipients also may be 2. A school that has— definition of high-need LEA in section recipients of student loans provided More than 34 percent of academic 201(b)(2)(A) of the HEA. Section under the Federal Perkins Loan classroom teachers overall (across all 201(b)(2)(A) extends the definition of a Program. The Perkins Loan Program academic subjects) who do not have a high-need LEA to any LEA with at least authorizes loan forgiveness for those major, minor, or significant course work one school located in an area with a who subsequently teach in certain in their main assignment field; or high percentage of individuals from schools receiving funds provided under VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60635 Title I, part A, of the ESEA. Hence, the of the ESEA that all LEAs will know grantees would need to include in Perkins Loan Program and the Title II, which of their schools receiving Title I scholarship agreements they offer to HEA, scholarship authority offer assistance meet this test. individuals attending teacher preparation comparable incentives to individuals to In particular, this particular proposed programs. The proposed agreement is become teachers in high-need schools. definition of high-need LEA and high- included in Appendix A for information purposes only; while its terms reflect the However, the incentives are not need school is the same commonly used content of the proposed regulations, the identical. We therefore believe that it test of whether a school receiving Title agreement itself would not be included as a would be useful to clarify in what I assistance may, under section 1114 of regulation in the Code of Federal schools graduates of teacher preparation the ESEA operate as a schoolwide Regulations. Any written comment on the programs who have received both forms program. (Section 1114 of Title I content of the proposed Agreement should be of financial assistance must teach in provides that schools may do so if 50 sent to the person listed in the PAPERWORK order both to secure Perkins Program percent or more of their students are REDUCTION ACT OF 1995 section of this loan forgiveness and to meet their from low-income families. Schools with preamble. Any written comment on the Teacher Recruitment Program service lower percentages of students from low- proposed regulations themselves, whose obligation. income families may not operate as terms the scholarship agreement would reflect, should be separately sent to the Regulations governing the Perkins schoolwide programs; they may only person listed in the ADDRESSES section of this Loan Program in 34 CFR 674.54 identify operate as more traditional ‘‘targeted- preamble. the conditions under which an assistance schools.’’ Title I permits institution of higher education (IHE) schools and LEAs to determine the The provisions of proposed providing a Federal Perkins loan must percentage of students from low-income §§ 611.35–611.39 concern matters such cancel up to 100 percent of a student’s as: families, among other ways, by using a • outstanding loan balance. In particular, variety of methods. However, the The responsibilities of the they require cancellation of the loan for eligibility of enrolled students for free scholarship recipient to teach in a high- a student who teaches in a school that and reduced lunch subsidies is by far need school of a high-need LEA once he (1) is in an LEA that is eligible to receive or she is eligible to teach; the most widely used.) • funds under Title I, part A, of ESEA, Thus, any Title I school that (1) Has How the period of time in which and (2) the Secretary selects, based on been designated by the Secretary as one the scholarship recipient must teach in a ranking of schools in the State by the in which a teacher may receive Perkins a high-need school of a high-need LEA State educational agency and a Program loan forgiveness, and (2) also is would be determined; • determination that more than 30 percent eligible to operate as a Title I Conditions under which the of the school’s enrollment is comprised schoolwide program, would be one in scholarship recipient’s service of Title I students. If a Federal Perkins which that teacher can meet the service responsibility would be deferred; • loan recipient also has received a obligation. Conversely, teaching in a The amount of the scholarship Teacher Recruitment Program Title I school that the Secretary recipient’s indebtedness to the Federal scholarship, the individual will be able designates under the Perkins Program, government and terms of repayment, to avoid payment of the Perkins loan but which is not eligible to operate as should the recipient not meet these and repayment of the scholarship if the conditions; and a schoolwide program, would only • school has been designated for Perkins qualify the teacher for Perkins Program The responsibility of the Program loan forgiveness and is a high- loan forgiveness. It would not also scholarship recipient, either alone or need school within a high-need LEA. enable the teacher to satisfy his or her through the high-need LEA in which he For the recipient, the key will be to Teacher Recruitment Program’s service or she begins teaching after graduating confirm that the school is one that meets obligation unless the school met one of from the teacher training program, tests under both the Perkins Loan the other proposed definitions of a high- periodically to provide employment and Program and Teacher Recruitment need school—more than 34 percent of other information to the Department. Program. The institution providing the the school’s teachers teaching out-of- These provisions are similar to those Perkins loan will be able to identify for field, or a teacher attrition rate of at least used in other student financial the recipient which Title I schools 15 percent. assistance programs that the Department qualify for Perkins Program loan administers. However, given the forgiveness. Then, through information C. Terms of the Scholarships—General relatively small size of the Teacher obtained either directly from the IHE or Proposed § 611.34(a) provides that, Recruitment Program, these provisions from the administrative office of the before receiving scholarship assistance have been tailored to provide as much LEA in which the scholarship recipient under the Teacher Recruitment flexibility and as little administrative would teach, the recipient will be able Program, individuals would need to burden as possible. to learn whether the school also meets execute an agreement that embodies D. The Service Obligation a Teacher Recruitment Program their service obligation. Sections definition of a high-need school. As the 611.35–611.39 of these proposed More specifically, before receiving a proposed regulations announced in this regulations contain recipient repayment scholarship under the Teacher notice would offer three alternative and informational requirements that Recruitment Program, an individual definitions of high-need school, meeting would apply to these scholarships. would need to sign an agreement both any one of these three would suffice. Section 611.34(b) would have the to— • However, we believe that scholarship scholarship agreements include these Begin to teach in a high-need school recipients likely would find it easiest to requirements, as the Secretary of a high-need LEA (as those terms are rely upon this proposed first determines to be necessary. defined in § 611.1 of these proposed definition—that a particular school have regulations) within six months of the at least 50 percent of its enrolled Note: We have included a copy of the date from which he or she completes a proposed scholarship agreement in Appendix students eligible for free and reduced teacher training program, and A to this notice. This proposed agreement • lunch subsidies. This is because this includes those provisions that, for Continue to teach in a high-need proposed definition has such scholarships provided with Teacher school of a high-need LEA for a period programmatic importance under Title I Recruitment Program funds, program equivalent to at least the period of time VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 60636 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules that the individual received the would need to provide the Department would clarify that any minimum scholarship assistance; the length of time for which each monthly payment must permit the full or to— recipient receives scholarship assistance amount of scholarship and interest to be • Repay the Department the full converted to a full-time student repaid within ten years of the date the amount of the scholarship assistance, equivalent relative to students taking a recipient becomes responsible for interest, and any costs of collection. normal, full academic load. After repayment. Scholarship recipients who fail to graduating and beginning to teach, the As included in proposed § 611.36(d), complete the teacher preparation scholarship recipient would have the the Secretary would charge interest in program would be required to repay the high-need LEA in which he or she accordance with 31 U.S.C. 3717 and 34 full amount of scholarship assistance teaches provide the Department with CFR part 30 on the unpaid balance that that they receive, plus interest and any comparable information on the the scholarship recipient owes. costs of collection. (Proposed recipient’s employment relative to those Note: For calendar year 1999, the rate of § 611.40(a)(3) would require the IHE’s who teach for the LEA on a full-time interest is five percent. teacher training program to establish basis. Except where a scholarship recipient does policies for determining when to not fulfill the service obligation after F. Repayment receiving a deferment (see section G: withdraw scholarship support for a Proposed § 611.36 contains provisions ‘‘Deferment of the Service Obligation’’), no student who does not remain in good interest would be charged for a period that academic standing, and when to re- for repayment of the scholarship for failure to meet the service obligation. As precedes the date on which the scholarship negotiate the scholarship package over recipient must begin repayment. an extended period of time.) explained in proposed § 611.36(a), a scholarship recipient who the In this regard, proposed § 611.36(e) E. Length of the Service Obligation Department determines has not met the would provide that a recipient’s failure to meet repayment or reporting Proposed § 611.35 provides how the scholarship’s service obligation would requirements results in the recipient’s Secretary would calculate the period of become responsible for repaying the being in non-compliance with its terms the scholarship recipient’s service scholarship, along with accrued interest and so liable for repayment of the obligation. Whether attending a teacher and costs, six months after the date he scholarship, interest and any costs of training program on a full- or part-time or she— collection. Proposed § 611.36(f) would basis, a scholarship recipient would (1) Completes the teacher training entitle the Department to take need to teach in a high-need school of program; appropriate legal action to collect any a high-need LEA for a period that is (2) Is no longer enrolled in that indebtedness. comparable to the full-time equivalent program; or (3) Is no longer employed as a teacher In proposing these requirements, we period of time that the student received in a high-need school of a high-need considered other periods of time—both scholarship assistance. The Department LEA. longer and shorter than six months— would treat both the full academic year Proposed § 611.36(b) would require a between the time a recipient graduates of the teacher training program, recipient who fulfills some, but not all, or withdraws from the teacher excluding summer, and the full of his or her service obligation to repay preparation program and the time the academic year of the LEA, excluding the amount of the scholarship that is service obligation or obligation to repay summer and any intersession periods proportionate to the unmet portion of begins. In view of the various options (for LEAs that operate year-round the service obligation, along with proposed under which the service programs), as equivalent one-year accrued interest on this portion of the obligation may be deferred (see the periods. scholarship and costs of collection, if following section of this notice), six Example: An individual receives a any. months seems to offer recipients ample scholarship for the costs of attending a Example: An individual receives a time to find employment in high-need teacher training program on a part-time basis. schools of high-need LEAs or reconsider While the program extends for two full years scholarship in the total amount of $10,000 to of coursework and clinical experience, the attend a teacher preparation program for two any decision to withdraw from the scholarship recipient is enrolled part-time, academic years. The individual graduates teacher preparation program. from the program, and works in a high-need and completes the program in three years. G. Deferment of the Service Obligation The Secretary would consider the period for school of a high-need school district for one which the individual receives a scholarship full school year. The individual then moves, Recognizing that illness or other as two academic years. and takes a teaching position in a school and personal circumstances may create school district that are not high-need. Upon graduating (and receiving two full legitimate reasons for a scholarship years of scholarship support), the individual The individual has fulfilled one-half of his or her service obligation. Therefore, the recipient’s inability to meet his or her begins teaching half-time in a high-need service obligation, proposed § 611.37(b) school of a high-need LEA. If the individual recipient must repay one-half of the continues to teach half-time, he or she would scholarship, interest on this amount that identifies conditions under which the meet the program’s service obligation by begins to accrue six months after he or she Department would defer a service teaching in a high-need school of a high-need graduated from the teacher preparation obligation. These would include: LEA for the standard contractual period of program, and any costs of collection. Serious physical or mental disability four school-years. This four-year period is Proposed § 611.36(c) would permit an that prevents or substantially impairs equivalent to the two full school-years that a individual who must repay the the scholarship recipient’s full-time teacher would teach. scholarship and accrued interest to employability as a teacher; an inability, As explained below in part I, obtain a payment schedule upon despite due diligence, to pass a required ‘‘Recipient and LEA Reporting request. Consistent with the teacher licensure or certification Requirements,’’ a Teacher Recruitment Department’s practice for student examination or otherwise secure Program grantee would be required to financial assistance programs employment as a teacher in a high-need provide information to the Department authorized in Title IV of the HEA. The school of a high-need LEA; membership that it needs to calculate the period of Department generally would establish a in the armed forces of the United States a scholarship recipient’s service minimum monthly payment of no less on active duty for no more than three obligation. Specifically, the grantee than $50. Proposed § 611.36(e) also years; or other extraordinary VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60637 circumstances that the Secretary of the scholarship, to ensure that the months of graduation report (through accepts. Department has the information it needs their LEAs) that they are teaching in a For the student financial assistance to administer the scholarship and high-need school of a high-need LEA, to programs authorized in Title IV of the payback provisions of the HEA. In have their LEAs also provide updated HEA, the Department generally also particular, as noted in proposed employment information at the end of offers loan deferment to those who § 611.39(a), within six months of the the school year. Proposed § 611.39(b)(2) participate in the Peace Corps, date a scholarship recipient graduates would require the recipient in Americorps, or other national service. from a teacher preparation program, he subsequent years to have the LEA However, the express purpose of these or she would either— continue to provide this information Teacher Recruitment Program • Have the high-need LEA in which until the Department notifies the scholarships is to address the immediate he or she is employed provide the recipient that he or she has fulfilled the teacher shortages of high-need LEAs by Department information that the service obligation. Proposed recruiting and training qualified Secretary may require that (1) identifies § 611.39(b)(3) offers to credit summer individuals who will become teachers the scholarship recipient through such and intersession teaching in high-need in their schools. Individuals who are basic information as name, address, schools of high-need LEAs toward the unable or unwilling to accept these phone number, and social security recipient’s fulfillment of the service teaching positions after graduating from number; (2) confirms that he or she is obligation. a teacher preparation program should teaching in a high-need school of a high- Conversely, proposed § 611.39(c) not accept the scholarships. need LEA; and (3) states whether the would require those scholarship Accordingly, we do not believe that individual is teaching full- or part-time recipients who (1) Do not complete the these proposed regulations should make and, if part-time, the full-time teacher training program, or (2) Do not deferments of the service obligation equivalency of this teaching compared retain scholarships provided with available to scholarship recipients who to the district’s full-time teachers; or program funds because of a failure to choose to work in these other areas. • Submit to the Department, along remain in good academic standing, to Proposed § 611.37(c) would provide with his or her home address, telephone submit to the Department— that unless the Secretary determines number, and social security number (1) • The required repayment; otherwise, a scholarship recipient The required repayment; (2) A request • A request to repay the obligation in would apply to renew a deferment on a to repay the obligation in installments; installments; or yearly basis. The Department intends to or (3) A request that the Secretary defer • A request that the Secretary defer a prepare guidance, which grantees and a required repayment, for reasons that required repayment for reasons that the institutions offering scholarships would the proposed regulations permit, along proposed regulations provide, along provide to scholarship recipients, on the with a sufficient statement of with a sufficient statement of kind of information the Department justification. justification.) would expect to receive in any Proposed § 611.39(c) also would have Note: Before the scholarship recipient’s the Department, upon receipt of this acceptable request for deferment of the graduation, the IHE in which the recipient is service obligation. Proposed § 611.37(c) enrolled would provide him or her with information, notify these individuals of also would require a scholarship written information that explains the the status of their obligation, and of any recipient to begin teaching in a high- information the LEA would need to submit schedule under which they would need need school of a high-need LEA within to the Department for the first item above. to repay their scholarship, interest, and 60 days of the end of a deferment, or This information would contain the elements any costs of collection. become liable for repaying the that the Office of Management and Budget Finally, Proposed § 611.39(d) would approves under the Paperwork Reduction scholarship, accrued interest, and any make the scholarship recipient’s Act. See the Paperwork Reduction Act of agreement to continue providing this costs of collection. 1995 section of this preamble. As provided in proposed § 611.37(d), information (or, if the recipient teaches interest would continue to accrue In this regard, we have included in in a high-need school, have the high- during periods in which the service Appendix B of this notice the need LEA provide this information) an obligation is deferred. However, the information that we are proposing that ongoing condition of the scholarship. In scholarship recipient would not be an LEA provide each year until the addition, until the Department has liable for this accrued interest if he or Department has determined that the determined that the recipient either has she fulfills the service obligation once teacher has met his or her service met the service obligation or has repaid the period of deferment has ended. obligation. The content of Appendix B the full amount of scholarship, interest, is included for information purposes and costs that are due, the recipient H. Discharge of Repayment only; while its terms reflect the content would need to ensure that the Responsibility of the proposed regulations, these terms Department has a current home address Proposed § 611.38 would identify the would not be included as a regulation and telephone number, and a current very limited circumstances—death, and in the Code of Federal Regulations. Any work address and telephone number. total and permanent physical or mental written comment on the content of the disability that prevents a scholarship proposed reporting instrument should J. Responsibilities of Teacher recipient from teaching—in which the be sent to the person listed in the Recruitment Program Grantees Secretary would cancel the Paperwork Reduction Act of 1995 Section 611.40 of these proposed responsibility to repay a scholarship section of this preamble. Any written regulations would require each Teacher and accrued interest for failure to fulfill comment on the proposed regulations Recruitment Program grantee to the service obligation. themselves, whose terms the LEA undertake certain basic responsibilities reporting instrument would reflect, with regard to scholarship recipients. I. Recipient and LEA Reporting should be separately sent to the person These include: Requirements listed in the ADDRESSES section of this • Ensuring that, before any The scholarship agreement also preamble. prospective scholarship recipient would clarify the recipient’s Proposed § 611.39(b)(1) would require executes a Teacher Recruitment responsibility, as a condition of receipt scholarship recipients, who within six Program scholarship agreement, the VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 60638 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules individual understands its terms and provided under these other two Teacher substantial number of small entities. conditions; Quality Enhancement Grant programs. Entities that would be affected by these • Providing to the Department regulations are IHEs and States that Goals 2000: Educate America Act periodic information the Department provide scholarship assistance under needs to identify the scholarship The Goals 2000: Educate America Act the Teacher Recruitment, State, and recipient and the scholarship amount he (Goals 2000) focuses the Nation’s Partnership Programs; LEAs in which or she received. This information education reform efforts on the eight scholarship recipients teach upon includes (1) The amount of the National Education Goals and provides graduation from IHE teacher preparation scholarship provided with program a framework for meeting them. Goals programs; and scholarship recipients. funds; (2) The full-time equivalency 2000 promotes new partnerships to The information burden on each of (over each academic year) of the strengthen schools and expands the these groups is minimal, and consists of recipient’s enrollment in the teacher Department’s capacities for helping reporting basic information that the IHE, training program for which he or she communities to exchange ideas and LEA, or individual already has receives scholarship assistance; (3) The obtain information needed to achieve available. Individuals are not date of the scholarship recipient’s the goals. considered to be ‘‘small entities’’ under graduation or withdrawal from the These proposed regulations would the Regulatory Flexibility Act. Hence, teacher preparation program; and (4) address the National Education Goal the final regulations would not have a Whether the institution has withdrawn that the Nation’s teaching force will significant impact on any entity because scholarship support because of a failure have the content knowledge and they would not impose excessive to maintain good academic standing. teaching skills needed to instruct all regulatory burden or require • Providing the Department, after a American students for the next century. unnecessary Federal supervision. scholarship recipient’s graduation or Rather, the regulations would impose Clarity of the Regulations withdrawal from the teacher preparation minimal requirements to determine program, the original of the scholarship Executive Order 12866 and the whether scholarship recipients are agreement that the recipient and the President’s Memorandum of June 1, entitled to retain their scholarship grantee (or its partnering IHE, if the 1998 on ‘‘Plain Language in Government assistance. grantee is not an IHE) had signed; Writing’’ require each agency to write • Holding an exit conference with regulations that are easy to understand. Paperwork Reduction Act of 1995 each scholarship recipient before the The Secretary invites comments on Proposed §§ 611.34—611.40 contain recipient’s graduation or withdrawal how to make these proposed regulations information collection requirements. from the teacher preparation program to easier to understand, including answers Under the Paperwork Reduction Act of review (1) The recipient’s to questions such as the following: 1995 (44 U.S.C. 3507(d)), the responsibilities under the scholarship • Are the requirements in the Department of Education has submitted agreement, and (2) The follow-up proposed regulations clearly stated? a copy of this notice and these sections services that the institution will provide • Do the proposed regulations contain to the Office of Management and Budget during the recipient’s first three years of technical terms or other wording that (OMB) for its review. teaching. interferes with their clarity? Collection of Information: Teacher • As required by section 204 of the • Does the format of the proposed Quality Enhancement Grant Programs Act, providing (a) scholarship regulations (grouping and order of recipients—both before and after sections, use of headings, paragraphing, Recipients of scholarships provided graduation—with appropriate support etc.) aid or reduce their clarity? with any Teacher Quality Enhancement and follow-up services, including job • Would the proposed regulations be Grant program funds would first execute counseling and placement assistance, easier to understand if we divided them a scholarship agreement with IHEs that and (b) high-need LEAs with which the into more (but shorter) sections? (A are associated with grantee States or grantees collaborate with information ‘‘section’’ is preceded by the symbol partnerships. These agreements would about the terms and conditions of ‘‘§ ’’ and a numbered heading; for provide that, unless the Department scholarships, and the availability of example, § 611.36 What are the defers the service obligation, the recipients to become teachers in their consequences of a scholarship recipient would either (1) Fulfill the high-need schools. These support recipient’s failure to meet the service service obligation or (2) Repay to the services are intended to help ensure obligation?) Department the scholarship with that, upon graduation, scholarship • Could the description of the interest and costs of collection, if any. recipients are able to secure teaching proposed regulations in the The agreements also would describe positions in these schools. SUPPLEMENTARY INFORMATION section of how the Department would administer this preamble be more helpful in the service-obligation requirement, and K. Applicability of Proposed Regulations making the proposed regulations easier identify the information the Department to State and Partnership Program to understand? If so, how? would need for this purpose from the Grantees • What else could we do to make the recipient, program grantees, and high- As explained in the BACKGROUND proposed regulations easier to need LEAs. section of this preamble, recipients of understand? Beyond the need for an executed Title II, HEA, State and Partnership Send any comments that concern how scholarship agreement, these proposed Program grants may conduct activities the Department could make these regulations would impose minimal authorized under the Teacher proposed regulations easier to additional information burden on Recruitment Program if these activities understand to the person listed in the program grantees, scholarship recipients are described in their approved grant ADDRESSES section of the preamble. and the LEAs in which they will teach applications. Proposed § 611.42 would in order to ensure that scholarship make the provisions governing Regulatory Flexibility Act Certification recipients meet their service obligations. scholarships awarded under the Teacher The Secretary certifies that these Program grantees. At the beginning of Recruitment Program also applicable to proposed regulations would not have a each school term, program grantees any scholarships awarded with funds significant economic impact on a would provide the Department with VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60639 basic identifying on each scholarship part-time, the percentage of full-time • Minimizing the burden on those recipient. This information would equivalency). The LEA would provide who must respond. This includes include items such as name, address, this data at the beginning of the school exploring the use of appropriate telephone number, date of birth and year or term in which the recipient automated, electronic, mechanical, or social security number, as well as the begins teaching. At the end of the school other technological collection amount and term of the scholarship. year, the LEA would provide the techniques or other forms of information (This information is the same as in Department follow-up information that technology; e.g., permitting electronic Sections A and B of the Proposed confirms the individual’s employment submission of responses. Scholarship Terms and Conditions status for the prior year (or term). In OMB is required to make a decision contained in the appendix A of this subsequent years the LEA would concerning the collections of notice.) After the recipient’s graduation continue to provide this information to information contained in these from the teacher preparation program, the Department until the Department proposed regulations between 30 and 60 the grantee would notify the Department notifies the scholarship recipient that he days after publication of this document of the date of the recipient’s graduation or she has fulfilled his or her service in the Federal Register. Therefore, to and the total amount of scholarship obligation, or the recipient no longer ensure that OMB gives your comments provided to the recipient with program works for the LEA, whichever comes full consideration, it is important that funds. In addition, should a recipient first. OMB receives the comments within 30 withdraw from the teacher preparation Before graduating, the IHE awarding days of publication. This does not affect program during the school year, or lose the scholarship would provide the the deadline for your comments to us on a scholarship because of poor academic scholarship recipient information on the proposed regulations. performance, the grantee would what data the LEA needs to provide the Intergovernmental Review promptly notify the Department of the Department. The Department’s proposal date of the individual’s withdrawal from for this LEA data in contained in This program is subject to Executive the program or loss of scholarship Appendix B of this notice. Order 12372 and the regulations in 34 assistance. The grantee also would We estimate annual reporting and CFR part 79. One of the objectives of the inform the Department of the total recordkeeping burden for this collection Executive order is to foster an amount of program funds that the of information to average approximately intergovernmental partnership and a individual had received in scholarship 0.6 hours for each of the 5,000 strengthened federalism. The Executive assistance, and would provide the anticipated scholarship recipients, order relies on processes developed by Department the original of all approximately 17.7 hours for each of the State and local governments for scholarship agreements that any anticipated 75 IHEs and other program coordination and review of proposed scholarship recipient had executed. grantees, and approximately 2.5 hours Federal financial assistance. Scholarship recipients. The recipient for each of the anticipated 375 LEAs. This document is intended to provide would have the LEA in which he or she This annual reporting and early notification of our specific plans becomes employed provide the recordkeeping burden includes the time and actions for this program. Department information that (a) for reviewing instructions, searching Identifies the school in which he or she Assessment of Educational Impact existing data sources, gathering and teaches; (b) States whether the recipient The Secretary particularly requests maintaining the data needed, and is teaching full- or part-time; and (c) comments on whether these proposed completing and reviewing the collection Confirms that the school and LEA are of regulations would require transmission of information. Thus, we estimate the ‘‘high-need’’as defined by program of information that any other agency or total annual reporting and regulations. (See the discussion authority of the United States gathers or recordkeeping burden for this collection immediately following in this section on makes available. ‘‘LEAs.’’) The scholarship recipient to be 5,408.5 hours. Electronic Access to This Document would continue to have the LEA If you want to comment on the provide this information until the information collection requirements, You may review this document, as Department notifies the recipient that he please send your comments to the Office well as all other Department of or she has fulfilled the service of Information and Regulatory Affairs, Education documents published in the obligation. Consistent with section OMB, room 10235, New Executive Federal Register, in text or portable 204(e) of the HEA, the Department will Office Building, Washington, DC 20503; document format (PDF) on the World use the information the LEA provides to Attention: Desk Officer for U.S. Wide Web at either of the following determine whether the recipient needs Department of Education. You may also sites: to repay scholarship assistance and send a copy of these comments to the http://ocfo.ed.gov/fedreg.htm accrued interest and, where appropriate, Department representative named in the http://www.ed.gov/news.html to begin implementing debt collection ADDRESSES section of this preamble. To use the PDF you must have the procedures. We consider your comments on this Adobe Acrobat Reader Program with Alternatively, the scholarship proposed collection of information in — • Search, which is available free at either recipient would either (1) Repay the Deciding whether the proposed of these sites. If you have questions scholarship, interest, and any costs of collection is necessary for the proper about using the PDF, call the U.S. collection, (2) Request a repayment performance of our functions, including Government Printing Office at (202) schedule, or (3) Request a deferment of whether the information will have 512–1530 or, toll free, at 1–888–293– the service obligation and explain why practical use; 6498. the deferment is appropriate. • Evaluating the accuracy of our LEAs. LEAs would provide the estimate of the burden of the proposed Note: The official version of the document is the document published in the Federal Department information to confirm that collection, including the validity of our Register. Free Internet access to the official (1) The school and LEA in which the methodology and assumptions; • edition of the Federal Register and the Code scholarship recipient teaches is ‘‘high Enhancing the quality, usefulness, of Federal Regulations is available on GPO need,’’and (2) The recipient is employed and clarity of the information we Access at: http://www.access.gpo.gov/nara/ as a teacher full- or part-time (and if collect; and index.html VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 60640 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules Program Authority: 20 U.S.C. 1021 et seq. Significant course work means four or § 611.35 How does the Secretary calculate and 1024(e) more college-or graduate-level courses the period of the scholarship recipient's service obligation? List of Subjects in 34 CFR Part 611 in the content area. (Authority: 20 U.S.C. 1024(e)) (a) Calculation of period of Colleges and universities, Elementary scholarship assistance. (1) The and secondary education, Grant 3. A new subpart D consisting of Secretary calculates the period of time programs—education. §§ 611.34 through 611.40 is added to for which a student received (Catalog of Federal Domestic Assistance read as follows: scholarship assistance on the basis of Number 84.336: Teacher Quality Subpart DÐTeacher Recruitment Program information provided by the grantee Enhancement Grants Program) under § 611.40(b). Sec. Dated: October 28, 1999. (2) The period for which the recipient Claudio R. Prieto, 611.30–.33 [Reserved] 611.34 Under what circumstances may an received scholarship assistance is the Acting Assistant Secretary for Postsecondary individual receive a scholarship of period during which an individual Education. program funds to attend a teacher enrolled in the teacher preparation For the reasons stated in the training program? program on a full-time basis, excluding preamble, the Secretary proposes to 611.35 How does the Secretary calculate the the summer period, would have amend part 611 of Chapter VI of title 34 period of the scholarship recipient’s completed the same course of study. of the Code of Federal Regulations as service obligation? (b) Calculation of period needed to follows: 611.36 What are the consequences of a teach to meet the service obligation. (1) scholarship recipient’s failure to meet the service obligation? The period of the scholarship recipient’s PART 611ÐTEACHER QUALITY service obligation is the period of the ENHANCEMENT GRANTS PROGRAM 611.37 Under what circumstances may the Secretary defer a scholarship recipient’s individual’s receipt of scholarship 1. The authority citation for part 611 service requirement? assistance as provided in paragraph (a) is revised to read as follows: 611.38 Under what circumstances does the of this section. Secretary discharge a scholarship (2) The Secretary calculates the period Authority: 20 U.S.C. 1021 et seq. and recipient’s obligation to repay for failure 1024(e), unless otherwise noted. that a scholarship recipient must teach to meet the service obligation? in a high-need school of a high-need 611.39 What are a scholarship recipient’s 2. A new subpart A consisting of LEA in order to fulfill his or her service § 611.1 is added to read as follows: reporting responsibilities? 611.40 What are a grantee’s responsibilities obligation by— Subpart AÐGeneral Provisions for helping to implement the scholarship (i) Comparing the period in which the requirements? recipient received a scholarship as § 611.1 What definitions apply to the provided in paragraph (a) of this section Teacher Quality Enhancement Grants Subpart DÐTeacher Recruitment with the information provided by the Program? Program high-need LEA under § 611.39(a) and (b) The following definitions apply to on the period the recipient has taught in §§ 611.30–611.32 [Reserved] this part: one of its high-need schools; and High-need local educational agency § 611.34 Under what circumstances may (ii) Adjusting the period in which the (LEA) means an LEA that meets one of an individual receive a scholarship of recipient has taught in a high-need the following definitions: program funds to attend a teacher training school to reflect the individual’s (a) An LEA with at least one school program? employment, if any, as a teacher on a in which 50 percent or more of the part-time basis relative to classroom enrolled students are eligible for free (a) General: The service obligation. An teachers the LEA employs on a full-time and reduced lunch subsidies. individual, whom a grantee finds (b) An LEA that has one school eligible to receive a scholarship funded basis under the LEA’s standard yearly where— by the Teacher Recruitment Program to contract (excluding any summer or (1) More than 34 percent of academic attend a teacher preparation program, intersession period). classroom teachers overall (across all may receive the scholarship only after (c) The Secretary adjusts the period of academic subjects) do not have a major, executing a binding agreement with the a scholarship recipient’s service minor, or significant course work in institution of higher education (IHE) obligation as provided in paragraph (b) their main assignment field; or offering the scholarshipthat, after of this section to reflect information the (2) More than 34 percent of the main completing the program, the individual high-need LEA provides under assignment faculty in two of the core- will either— § 611.39(a) and (b) that the scholarship subject departments do not have a (1) Teach in a high-need school of a recipient also has taught in a high-need major, minor, or significant work in high-need LEA for a period of time school in a summer or intersession their main assigned field. equivalent to the period for which the period. (c) An LEA that serves a school whose individual receives the scholarship; or (Authority: 20 U.S.C. 1024(e)) attrition rate among classroom teachers (2) Repay, as set forth in § 611.36, the was 15 percent or more over the last § 611.36 What are the consequences of a Teacher Recruitment Program funds scholarship recipient's failure to meet the three school years. provided as a scholarship. High-need school means an service obligation? elementary or secondary school (b) Content of the scholarship (a) Obligation to repay: General. (1) A operated by a high-need LEA in which agreement. To implement the service- scholarship recipient who does not the school’s students or teaching staff obligation requirement, the scholarship fulfill his or her service obligation meet the elements in paragraph (a), (b), agreement must include terms, must— or (c) of the definition of a high-need conditions, and other information (i) Repay the Department the full LEA. consistent with §§ 611.35–611.39 that amount of the scholarship, including Main assignment field means the the Secretary determines to be the principal balance, accrued interest, academic field in which teachers have necessary. and any collection costs charged under the largest percentage of their classes. (Authority: 20 U.S.C. 1024(e)) paragraphs (c) and (d) of this section; or VerDate 29-OCT-99 15:20 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60641 (ii) Be discharged of any repayment (e) Failure to meet requirements. A repayment of the scholarship, any obligation as provided in § 611.38. scholarship recipient’s failure to satisfy accrued interest, and any costs of (2) Unless the service obligation is the requirements of §§ 611.35–611.39 in collection. deferred as provided in § 611.37 or the a timely manner results in the recipient (d)(1) As provided in § 611.36(e), repayment requirement is discharged, being— during periods for which the Secretary the obligation to repay the amount (1) In non-compliance with the terms defers a scholarship recipient’s service provided in paragraph (a)(1) of this of the scholarship; obligation, the scholarship recipient section begins six months after the date (2) Liable for repayment of the does not have an obligation to repay the the recipient— scholarship and accrued interest; and scholarship. However, interest (i) Completes the teacher training (3) Subject to collection action. continues to accrue on the amount of program without beginning to teach in (f) Action by reason of default. The the scholarship. a high-need school of a high-need LEA; Secretary may take any action (2) If the scholarship recipient fulfills or authorized by law to collect the amount his or her service obligation after the (ii) Is no longer enrolled in the teacher of scholarship, accrued interest and end of the deferment, the Secretary training program. collection costs, if any, on which a waives the obligation to repay accrued (3) The Secretary determines whether scholarship recipient obligated to repay interest. a scholarship recipient has fulfilled the under this section has defaulted. This (Authority: 20 U.S.C. 1024(e)) service obligation on the basis of action includes, but is not limited to, information that the Department filing a lawsuit against the recipient, § 611.38 Under what circumstances does receives as provided in § 611.39(a) and reporting the default to national credit the Secretary discharge a scholarship bureaus, and requesting the Internal recipient's obligation to repay for failure to (b). meet the service obligation? (b) Obligation to Repay: Partial Revenue Service to offset the recipient’s (a) The Secretary discharges the performance of the service obligation. Federal income tax refund. obligation of a scholarship recipient to (1) A scholarship recipient who teaches (Authority: 20 U.S.C. 1024(e)) repay the scholarship, interest, and any in a high-need school of a high-need costs for failure to meet the service school district for less than the period § 611.37 Under what circumstances may the Secretary defer a scholarship obligation based on information of his or her service obligation must recipient's service requirement? acceptable to the Secretary of— repay— (a) Upon written request, the (1) The recipient’s death; or (i) The amount of the scholarship that Secretary may defer a service obligation (2) The total and permanent physical is proportional to the unmet portion of for a scholarship recipient who— or mental disability of the recipient that the service obligation; (1) Has not begun teaching in a high- prevents the individual from being (ii) Interest that accrues on this need school of a high-need LEA as employable as a classroom teacher. portion of the scholarship beginning six required by § 611.34(a); or (b) Upon receipt of acceptable months after the recipient’s graduation (2) Has begun teaching in a high-need documentation and approval of the from the teacher preparation program; school of a high-need LEA, and who discharge request, the Secretary returns and requests the deferment within six to the scholarship recipient, or for a (iii) Costs of collection, if any. months of the date he or she no longer discharge based on death to the (2) Unless the service obligation is teaches in this school. recipient’s estate, those payments deferred or the repayment requirement (b) To obtain a deferment of the received after the date the eligibility is discharged, the obligation to repay the service obligation, the recipient must requirements for discharge were met. amount provided in paragraph (b)(1) of provide the Secretary satisfactory The Secretary returns these payments this section begins six months after the information of one or more of the whether they are received before or after date the recipient is no longer employed following circumstances: the date the discharge was approved. as a teacher in a high-need school of a (1) Serious physical or mental (Authority: 20 U.S.C. 1024(e)) high-need LEA. disability that prevents or substantially (c) Availability of payment schedule. impairs the scholarship recipient’s § 611.39 What are a scholarship recipient's (1) Upon request to the Secretary, the employability as a teacher. reporting responsibilities? scholarship recipient may repay the (2) The scholarship recipient’s (a) Upon graduation. Within six scholarship and accrued interest inability, despite due diligence (for months of graduating from a teacher according to a payment schedule that reasons that may include the failure to preparation program, a scholarship the Secretary establishes. pass a required teacher certification or recipient must either— (2) A payment schedule must permit licensure examination), to secure (1) Have the LEA in which the the full amount of the scholarship and employment as a teacher in a high-need recipient is employed as a teacher accrued interest to be repaid within ten school of a high-need school LEA. provide the Department information, years. The minimum monthly payment (3) Membership in the armed forces of which the Secretary may require, to is $50 unless a larger monthly payment the United States on active duty for a confirm— is needed to enable the full amount that period not to exceed three years. (i) The home address, phone number, is due to be paid within this timeframe. (4) Other extraordinary circumstances social security number, and other (d) Interest. In accordance with 31 that the Secretary accepts. identifying information about the U.S.C. 3717 and 34 CFR part 30, the (c) Unless the Secretary determines recipient; Secretary charges interest on the unpaid otherwise— (ii) That he or she is teaching in a balance that the scholarship recipient (1) A scholarship recipient must high-need school of a high-need LEA; owes. However, except as provided in apply to renew a deferment of the and § 611.37(d), the Secretary does not service obligation on a yearly basis; and (iii) Whether the individual is charge interest for the period of time (2) The recipient has 60 days from the teaching full- or part-time and, if part- that precedes the date on which the end of the deferment period to begin time, the full-time equivalency of this scholarship recipient is required to teaching in a high-need school of a high- teaching compared to the LEA’s full- begin repayment. need LEA or become liable for time teachers; or VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 60642 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules (2) Provide the Department a current (2) Upon review of the repayment or (2) Within 30 days of a scholarship home address and telephone number, a information provided under paragraph recipient’s graduation or withdrawal work address and telephone number, (c)(1) of this section, the Department from the teacher preparation program, the recipient’s social security number, notifies the recipient of the status of the the grantee must provide to the and one of the following: recipient’s obligations and of any Department the following information: (i) The required repayment of the schedule under which the recipient (i) The date of the recipient’s scholarship. must repay the scholarship. graduation or withdrawal. (ii) A request that the Secretary permit (d) Continuing responsibilities to (ii) The total amount of program funds the recipient to repay the scholarship report. Until the Secretary determines the grantee awarded as a scholarship to and accrued interest in installments as that the individual either has satisfied the recipient. permitted by § 611.36(c). his or her service obligation or has (iii) The original of any scholarship (iii) A request that the Secretary defer repaid the full amount of the agreement executed by the scholarship the service obligation as permitted by scholarship, accrued interest, and any recipient and the grantee (or its § 611.37. costs, the recipient also remains partnering IHE if the grantee is not an (b) Upon the close of the LEA’s responsible for providing the IHE) before the recipient was awarded a academic year. (1) At the close of the Department— scholarship with program funds. LEA’s academic year, a scholarship (1) The information identified in this (iv) A statement of whether the recipient—whose LEA reports under part; and institution has withdrawn scholarship paragraph (a)(1) of this section that he (2) A current home address and support because of the recipient’s or she is teaching in a high-need school telephone number, and a current work failure to maintain good academic of a high-need LEA—must have the LEA address and work telephone number. standing. (v) Other information as the Secretary provide information to the Department (Authority: 20 U.S.C. 1024(e)) as the Secretary may require that may require. confirms the recipient’s actual § 611.40 What are a grantee's (c) Exit conference. An institution employment status for the preceding responsibilities for helping to implement providing a scholarship with funds the scholarship requirements? period. provided under this part must conduct an exit conference with each (2) In subsequent school years, the (a) Before awarding a scholarship. scholarship recipient before that recipient must have the LEA continue to Before awarding scholarship assistance individual leaves the institution. During provide information to the Department with funds provided under the Teacher the exit conference the institution must on the recipient’s employment as the Recruitment Program to any student give the recipient a copy of any Secretary may require, until the attending a teacher preparation scholarship agreement the recipient has Department notifies the recipient that program, a grantee must— executed. The institution also must the service obligation has been fulfilled. (1) Ensure that the student understands the terms and conditions review with the recipient— (3)(i) The Secretary provides a that the Secretary has determined must (1) The terms and conditions of the scholarship recipient with credit toward be included in the scholarship scholarship. including — the service obligation for teaching in a agreement; (i) The recipient’s service obligation; high-need school of a high-need LEA (2) Have the student and the (ii) How the recipient can confirm during a summer or intersession period institution awarding the scholarship whether a school and LEA in which he (for LEAs that operate year-round execute a scholarship agreement that or she would teach will satisfy the programs). contains these terms and conditions; service obligation; (ii) To receive this credit, the and (iii) Information that the recipient will recipient must have the LEA at the end (3) Establish policies for— need to have the LEA provide to the of the summer or intersession period (i) The withdrawal of scholarship Department to enable the Secretary to provide information to the Department, support for any student who does not confirm that the recipient is meeting the as the Secretary may require, that remain in good academic standing; and service obligation; confirms that the recipient has taught (ii) Determining when and if re- (iii) How the recipient may request a during this period in a high-need negotiation of a student’s scholarship deferment of the service obligation, and school. package over an extended period of time information that the recipient should (c) Upon failure to graduate or is appropriate. provide the Department in any withdrawal of scholarship support. (1) (b) Reporting requirements. (1) Within deferment request; Within six months of the date the 30 days of the beginning of the teacher (v) The consequences of failing to scholarship recipient is no longer preparation program’s academic term or meet the service obligation including, at enrolled in the teacher training program, within 30 days of the execution of any a minimum, the amount of the or within six months of the IHE’s scholarship agreement, whichever is recipient’s potential indebtedness; the withdrawal of scholarship support for later, the grantee must provide to the possible referral of the indebtedness to failure to maintain good academic Department the following information: a collection firm, reporting it to a credit standing, , the recipient must submit to (i) The identity of each scholarship bureau, and litigation; and the the Department— recipient. availability of a monthly payment (i) The required repayment of the (ii) The amount of the scholarship schedule; scholarship; provided with program funds to each (vi) The amount of scholarship (ii) A request that the Secretary recipient. assistance and interest charges that the establish a binding schedule under (iii) The full-time equivalency, over recipient must repay for failing to meet which the recipient is obligated to repay each academic year, of each recipient’s the service obligation; and the scholarship, accrued interest, and enrollment in the teacher training (vii) The recipient’s responsibility to any costs of collection; or program for which he or she receives ensure that the Department has a home (iii) A request that the Secretary defer scholarship assistance. address and telephone number, and a the service obligation as permitted by (iv) Other information as the Secretary work address and telephone number § 611.37. may require. until the Secretary has determined that VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60643 the recipient has fulfilled the service Permanent Address (street, city, State, ZIP educational agency (hereinafter ‘‘high- obligation or the recipient’s debt has code): need school district’’) for at least as long been paid or discharged; and Date of Birth: as the period for which the recipient (2) The follow-up services that the Area Code/Phone No.: Social Security Number: receives scholarship assistance. The institution will provide the student recipient understands that the period of during his or her first three years of Section II: Institution Section time for which he or she receives teaching in a high-need school of a high- Part A scholarship assistance will be need LEA. determined in comparison to full-time (d) Programmatic responsibilities. (1) Name of Institution: Address (street, city, State, ZIP code): enrollment in the teacher preparation In implementing its approved Teacher Institution’s DUNS Number: program (exclusive of summers). Recruitment Program grant, the grantee Name of Contact (last, first, middle initial): Similarly, the recipient understands that must— Area Code/Phone No. of Institution Contact: the period of time he or she must teach (1) Provide scholarship recipients E-mail Address of Institution Contact: in a high-need school of a high-need both before and after graduation with school district will be determined in appropriate support services, including Part B Amount of Title II, HEA Funds Awarded as comparison to what the school district academic assistance, job counseling, considers to be teaching on a full-time placement assistance, and teaching Scholarship: Period of Scholarship: basis. Full-time basis does not include support that will help to ensure that— summers or optional intersession (i) Upon graduation, scholarship Recipient Enrolled as Percentage of Full- Time Equivalent Student: periods for those school districts that recipients are able to secure teaching ED Grant Award Number: operate year-round programs. positions in high-need schools of high- Section III: Terms and Conditions The recipient also understands that need LEAs; and the institution has received funds from (ii) After beginning to teach in a high- Applicable Law: The terms of this the Department of Education to provide need school of a high-need LEA, former agreement and any scholarship teacher recruitment services to the scholarship recipients have appropriate assistance received with funds provided scholarship recipient and so, consistent follow-up services and assistance during under Title II, sections 202–204, of the section 204 of the Act, is responsible their first three years of teaching; Higher Education Act of 1965, as amended (the ‘‘Act’’) that the recipient among other things for— (2) Provide LEAs with which the 1. Providing support services, if needed, to grantees collaborate in Teacher receives will be interpreted in help the recipient complete the teacher Recruitment Program activities with accordance with Title II, section 204, of training program; information and other assistance they the Act and any applicable Federal 2. Working with one or more high-need need to recruit highly-qualified teachers regulations. Section 204 of the Act school districts, in securing placement of the effectively; and embodies the Teacher Recruitment scholarship recipient, upon his or her (3) Work with the high-need LEAs Program, whose purpose is to address graduation, into a teaching position at a high- participating in its project to ensure that the severe shortages of qualified need school in the school district; and 3. Working with the high-need school scholarship recipients are placed, to the teachers in many school districts and and school district in which the extent possible, in high-need schools of schools throughout the nation. those LEAs. Purpose of the Scholarship—the recipient begins to teach to provide the recipient with follow-up services during (Authority: 20 U.S.C. 1024(e)) Recipient’s Service Obligation: Section 204(e) of the Act authorizes institutions his or her first three years of teaching. Recipient’s Retention of Scholarship Subpart EÐOther Grant Conditions and States that receive Teacher Assistance for Meeting the Service Recruitment Program funds from the 4. A new § 611.42 is added to subpart Obligation: The recipient does not have to U.S. Department of Education (the repay to the Department the scholarship E to read as follows: Department) to use these funds to provided with funds under Title II of the Act § 611.42 What rules govern scholarships provide scholarships to qualified if the Department determines that the funded by the State or Partnership Program individuals who agree to become recipient has fulfilled his or her service for individuals attending teacher teachers and then work in school obligation. To determine that the recipient preparation programs? districts and schools that face a serious has met the service obligation, the Department must receive information to The provisions in §§ 611.34–611.40 teacher shortage. Similarly, sections confirm that the recipient (1) Within six governing the receipt of scholarships 202(d)(7) and 203(e)(4) of the Act months of graduation from the teacher awarded under the Teacher Recruitment authorize States and institutions that training program, has teaching in a high-need Program also apply to any scholarships receive State or Partnership Program school of a high-need school district; and (2) that are awarded with federal funds grants respectively to use these funds to Continues teaching in a high-need school of provided under the State or Partnership carry out activities permitted under the a high-need school district for a period of Program authorized by section 202 or Teacher Recruitment Program. time that is equivalent to the period of time 203 of the Higher Education Act. Therefore, recipients of scholarships for which the recipient receives this scholarship assistance. (Authority: 20 U.S.C. 1021 et seq.) provided with federal funds under these So that the Department may obtain the two programs also are subject to the information it needs to make these Appendix A requirements of section 204(e) of the determinations, the recipient agrees within (This appendix is provided for information Act. six (6) months of graduation from the purposes only, and will not be included in Consistent with section 204(e), the institution’s teacher training program to have final regulations issued for this program.) recipient accepts the scholarship with the high-need school district in which he or she is teaching provide to the Department Teacher Quality Enhancement Grant the understanding that it carries with it information as the Department may require Programs—Title II, Higher Education Act a service obligation. More specifically, in exchange for the scholarship, the that confirms: (HEA) 1. The school and school district in which recipient agrees upon graduating from Proposed Scholarship Terms and Conditions the recipient is teaching are ‘‘high-need’’as the institution’s teacher training defined in the ‘‘DEFINITION OF HIGH-NEED Section I: Recipient Section program to teach in a ‘‘high-need SCHOOL DISTRICT AND HIGH-NEED Name (last, first, middle initial): school’’ of a ‘‘high-need school local SCHOOL,’’below; and VerDate 29-OCT-99 15:20 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 60644 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 2. The recipient is teaching on a full- Definition of High-Need School District The obligation to repay the scholarship, as time basis or, if teaching on a part-time and High-Need School: For purposes of this set forth below in ‘‘Repayment for Failure to basis, the amount of time the recipient agreement, a ‘‘high-need school district’’ is a Meet Service Obligation,’’ is not deferred is teaching as a percentage of the time school district that meets one of the until the Department determines that a following definitions: deferment is appropriate. spent teaching by the district’s full-time 1. An school district with at least one Repayment for Failure to Meet Service teachers. school in which 50 percent or more of the Obligation: The recipient agrees to repay to Before graduating, the institution will enrolled students are eligible for free and the Department the full amount of the provide the recipient written guidance that reduced lunch subsidies. scholarship (with accrued interest and costs explains the information the recipient must 2. A school district that has one school of collection, if any, as described below) if he have the school district provide the where— or she does not— Department, and the date or dates that this More than 34 percent of academic (1) Meet the service obligation or reporting information is due. classroom teachers overall (across all requirements identified above in ‘‘Recipient’s Scholarship recipients who attend the academic subjects) do not have a major, Retention of Scholarship Assistance for institution on a part-time basis must teach in minor, or significant course work in their Meeting the Service Obligation;’’ or a high-need school of a high-need school main assignment field; or (2) Receive a deferment of this obligation district for a period that is comparable to the More than 34 percent of the main as explained above in ‘‘Deferment of Service full-time equivalent period that the student assignment faculty in two of the core-subject Obligation.’’ receives scholarship assistance. The departments do not have a major, minor, or If the scholarship recipient does not teach Department treats both the full academic year significant work in their main assigned field. in a high-need school of a high-need school of the teacher training program, excluding (For purposes of the definition above, ‘‘Main district within six (6) months of his or her summer, and the full academic year of the graduation from the teacher preparation assignment field’’ means the academic field school district in which the recipient will program, the recipient becomes obligated to in which teachers have the largest percentage teach, excluding summers and any repay the scholarship six months after the of their classes. ‘‘Significant course work’’ intersession periods (for school districts that date of completion of the teacher training means four or more college- or graduate-level operate year-round programs), as equivalent program. courses in the content area.) one-year periods of time. If the scholarship recipient withdraws from Example: An individual receives a 3. A school district that serves a school the teacher preparation program prior to scholarship for the costs of attending a whose attrition rate among classroom graduating, the recipient becomes obligated teacher preparation program on a part-time teachers was 15 percent or more in the last to repay the scholarship six (6) months after basis. While the program extends for two full three school years. his or her withdrawal from the program. years of coursework and clinical experience, For purposes of this Agreement, a ‘‘high- If upon graduation from the institution’s the scholarship recipient is enrolled part- need school’’ is an elementary or secondary teacher preparation program the scholarship time, and completes the program in three school that meets one of the three tests that recipient teaches in a high-need school of a years. The Department would consider the enables a school district to be considered a high-need school district for a period that is period for which the individual receives a ‘‘high-need school district.’’ less than the period of his or her service scholarship as two academic years. Deferment of Service Obligation: The obligation, the recipient becomes responsible Upon graduation, the individual begins Department may defer the scholarship for repayment of the percentage of the teaching half time in a high-need school of recipient’s responsibility to teach in a high- scholarship (and interest that accrues on this a high-need school district after receiving the need school of a high-need school district if portion of the scholarship) equal to the two full years of scholarship support. If the the recipient provides satisfactory percentage of the period for which the individual continues to teach half time, he or information to confirm that he or she— service obligation was not fulfilled. she would meet the program’s service 1. Suffers from a serious physical or mental Example: An individual receives a obligation by teaching in a high-need school disability that temporarily prevents or scholarship in the total amount of $10,000 to of a high-need school district for the standard impairs the scholarship recipient from attend a teacher preparation program for two contractual period of four school years. This working as a teacher; academic years. The individual graduates four-year period is equivalent to the period 2. Is a member of the Armed Forces of the from the program, and works in a high-need that a full-time teacher would teach for two United States on active duty; school of a high-need school district for one full school years. 3. Is conscientiously seeking but is unable full school year. The individual then moves, At the end of each school year, the to secure employment (for reasons that may and takes a teaching position in a school and recipient will have the high-need school include the failure to pass a required teacher school district that are not high-need. district in which he or she teaches provide certification or licensure examination) as a The individual has fulfilled one-half of his the Department with information to confirm teacher in a high-need school of a high-need or her service obligation, and so must repay that the recipient has taught for the preceding school district; or one-half of the scholarship, plus interest that period in a high-need school. The 4. Is affected by other extraordinary accrues on this amount beginning six months Department will provide the recipient with circumstances that prevent the scholarship after graduation from the teacher preparation credit towards meeting the service obligation recipient from securing such employment. program (see ‘‘INTEREST,’’ below), and any for time that a high-need school district The recipient must apply to the costs of collection. This indebtedness confirms the recipient has taught in a high- Department for a deferment of the service attaches to the recipient six months after the need school during a summer period (or obligation. The recipient must do so within individual is no longer employed as a teacher intersession period for districts that operate six (6) months of his or her graduation (or in the high-need school of a high-need school year-round programs). withdrawal) from the teacher training district. Until the Department notifies the recipient program or, if the recipient has already begun Until the scholarship recipient either that he or she has met the service obligation, teaching in a high-need school of a high-need satisfies the service obligation or repays the at the beginning and end of each subsequent school district, within six (6) months of the scholarship, interest, and costs of collection, academic year the recipient will continue to date he or she no longer teaches in this if any, the recipient agrees to provide the have the high-need school district inform the school. Unless the Department determines Department a current home address and Department whether the recipient is teaching otherwise, the recipient must apply to the telephone number and a work address and in a high-need school. The recipient will Department to renew a deferment on a yearly telephone number, as well as other needed have the school district provide this basis. Deferments for military service may identifying information. In addition, the information on or before October 1 and not exceed three years. During the period of recipient understands that the Department, within seven days of the end of the school any deferment, the recipient agrees to the institution, and the high-need LEA are or year, respectively. provide the Department with current will be using the recipient’s social security Before graduation, the institution will information (including updating information) number so that the Department can, if provide the recipient forms that contain the on the recipient’s home address and phone necessary, secure payment of these amounts information that the school districts will number, and work address and telephone from the recipient if he or she fails to meet need to provide to the Department. number. the service obligation. VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules 60645 Availability of Monthly Repayment Name of Scholarship Recipient: Section II: Scholarship Recipient/Teacher Schedule: Upon request, the Department will Authorized Institutional Official Date: Information provide to the recipient a monthly repayment Name of Official: schedule. Unless, for cause, the Department Title: Part A establishes another repayment schedule, the School District: Appendix B schedule will require the recipient to repay Address: the Department the full amount of the (This appendix is provided for information Name of District Official Providing This scholarship and accrued interest in minimum purposes only, and will not be included in Information: monthly payments of no less than $50 per final regulations issued for this program) Telephone Number: Fax Number: month. However, the payment schedule must Teacher Quality Enhancement Grant E-mail: enable the recipient to repay all scholarship Programs and accrued interest that is due within ten (Name of Teacher) has been employed by years of the date the recipient becomes Title II, Higher Education Act the school district as a teacher at (Name of responsible for repaying these amounts. School): Verification of Teaching Obligation The first payment will be due 30 days after l since the beginning of this school year the Department notifies the recipient of the The individual identified below is a l beginning on ll(date) (llweeks after payment schedule, or at such subsequent teacher employed by your school district. He the school year began). time that the Department may identify. or she received a scholarship provided under Part B Interest: In accordance with 31 U.S.C. 3717 the Teacher Quality Enhancement Grant and 34 CFR part 30, the recipient agrees to Programs to attend a teacher preparation During the current academic year, he/she pay interest on the unpaid balance that the program. As a condition of that scholarship, will be teaching at this school ll full-time scholarship recipient owes for failure to meet within six months of completing the program ll part-time. the service obligation. Interest will begin to the individual must begin teaching in a high- If part-time, he/she has a teaching schedule accrue as of the date the recipient becomes need school, as that term is defined in that is ll % of the district’s full-time responsible for repayment of the scholarship. Section II, Part C of this form. The individual teachers must continue teaching in a high-need school See ‘‘Repayment for Failure to Meet Service Part C Obligation,’’ above. No interest is charged for for a period equivalent to the length of time the period of time that precedes the date on during which he or she received the To retain his/her financial assistance as a which the scholarship recipient becomes scholarship. The U.S. Department of scholarship, (Name of School) must be a responsible for repayment. Interest accrues Education needs the information identified ‘‘high-need school’’ as the term is used in the during any period in which the Department in this document so that it can confirm that Teacher Quality Enhancement Grant defers the service obligation, but is waived if the individual has fulfilled this service Programs. Please check at least one number the scholarship recipient completes the obligation. that applies to the school: ll service obligation. For Sections I and II, we ask that you 1. 50% or more of the enrolled The rate of interest that would apply to furnish this information by October 1 for students are eligible for free and reduced repayment of this scholarship is l%. individuals who begin teaching at the lunch subsides. ll Collection of Defaulted Repayment beginning of the school year, and within 2. 34% or more of the school’s Obligation: The Department may take any seven days of receipt for individuals who academic classroom teachers do not have a action authorized by law to collect the begin teaching at other times. The major, minor, or significant course work in amount of scholarship, accrued interest and Department needs to obtain the information their main assignment field. ll collection costs, if any, on which a only once during the school year. 3. 34% or more of the main scholarship recipient obligated to repay For Section III, we ask that you furnish the assignment faculty in two of the core-subject under this section has defaulted. Actions information on the teacher’s regular school- departments do not have a major, minor or year employment in your school district significant work in their main assigned field. available to the Department include, but are ll not limited to, filing a lawsuit against the (Parts A1 and A2 and Part B) within seven 4. The school has had an attrition rate recipient, reporting the default to national days of the end of the school year. If the among classroom teachers of 15% or more in credit bureaus, and requesting the Internal individual teaches during the summer (or the last three school years. Revenue Service to offset the recipient’s intersession period if the school district Note: If none of these categories applies to Federal income tax refund. operates a year-round program) in a high- the school in which the individual is Discharge of a Required Repayment: The need school, we ask that you furnish the teaching, please notify the individual Department discharges an obligation to repay information in Part A3 within seven days of immediately. He or she is at risk of becoming the scholarship and interest of a scholarship the end of the summer session. Please also legally responsible for repaying of the full recipient who has died or who demonstrates include any changes in the name, address, amount of his or her scholarship. telephone number, fax number, or E-mail to the Department’s satisfaction that, because Questions/Comments of permanent physical or mental disability, address of the school district’s reporting official that was previously provided in I certify that the information contained in he or she is not employable as a teacher. Section I. this document is correct. Upon receipt of acceptable documentation Please feel free to use this form or any and approval of the discharge request, the Signature of School District Official: other format you prefer. Please mail this Department returns to the scholarship Date: information to: U.S. Department of recipient, or for a discharge based on death, Education, Office of Postsecondary Section III: Confirmation of School-Year/ the recipient’s estate, those payments Education, Teacher Quality Program Office, Summer/Intersession Employment received after the date the eligibility 1990 K Street, NW, 6th Floor, Washington, (To be completed within seven days of the requirements for discharge were met and DC 20202–ll. If you prefer to provide this end of the school year or summer/ prior to the date the discharge was approved. information over the Internet, please contact intersession period. Please submit to the U.S. The Department also returns any payments the Teacher Quality program office at:ll. Department of Education along with the received after the date the discharge was You will be sent an electronic copy of this previously completed Sections I and II.) approved. document. Exit Conference: Before the recipient Thank you for your assistance. Part A graduates or withdraws from the institution, (Name of Teacher): the institution will provide the recipient an Section I: Scholarship Recipient/Teacher 1. ll continued to teach at (Name of opportunity to review fully the terms and Information School) for the remainder of the school year conditions of this scholarship agreement. Name: in the same full-time or part-time capacity as My signature certifies that I have read, Permanent Address: reported earlier this year. understand, and agree to the terms and Permanent Telephone Number: 2. ll became a teacher at another school conditions of this scholarship agreement. Social Security Number: in this school district (School Name) Scholarship Recipient’s Signature Date: Date of Birth: beginning (date) and taught there in the same VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 60646 Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Proposed Rules full-time or part-time capacity as previously Part B Questions/Comments reported. This school is a high-need school If neither 1 nor 2 of Part A is true, please I certify that the information contained in because it meets the criterion in No. ll in explain the change of the individual’s Section II.C of this document. this document is correct. 3. ll taught this summer / intersession employment status from what the school Signature of School District Official: period at (Name of School). This school is a district previously reported in Section II. If Date: high-need school because it meets the applicable, please also provide the date on criterion in No. ll in Part II.C of this which the individual no longer was [FR Doc. 99–28666 Filed 11–4–99; 8:45 am] document. The individual taught at this employed by the school district or worked in BILLING CODE 4000±01±U school from (date) to (date). a high-need school. VerDate 29-OCT-99 14:49 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\05NOP4.XXX pfrm03 PsN: 05NOP4 i Reader Aids Federal Register Vol. 64, No. 214 Friday, November 5, 1999 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER 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 103...... 60360 3 CFR 104...... 60360 Presidential Documents Proclamations: 106...... 60360 Executive orders and proclamations 523±5227 7245...... 59103 107...... 60360 The United States Government Manual 523±5227 7246...... 60083 109...... 60360 7247...... 60085 110...... 60360 Other Services Executive Orders: 114...... 60360 13067 (See Notice of 116...... 60360 Electronic and on-line services (voice) 523±4534 October 29, 1999)...... 59105 Privacy Act Compilation 523±3187 13096 (See Proc. 12 CFR Public Laws Update Service (numbers, dates, etc.) 523±6641 7247) ...... 60085 1...... 60092 TTY for the deaf-and-hard-of-hearing 523±5229 Administrative Orders: 5...... 60092 Notices: 7...... 60092 ELECTRONIC RESEARCH Notice of October 29, 211...... 58780 1999 ...... 59105 226...... 60335 World Wide Web Presidential Determinations: 229...... 59607 Full text of the daily Federal Register, CFR and other No. 00±2 of October 1805...... 59076 publications: 21, 1999 ...... 58755 Proposed Rules: No. 00±3 of October 226...... 60368 http://www.access.gpo.gov/nara 25, 1999 ...... 58757 611...... 60370 Federal Register information and research tools, including Public 1102...... 58800 Inspection List, indexes, and links to GPO Access: 5 CFR 14 CFR http://www.nara.gov/fedreg 532...... 60087 Proposed Rules: 34...... 60335 E-mail 1201...... 58798 39 ...... 59113, 59115, 59116, PENS (Public Law Electronic Notification Service) is an E-mail 59117, 59613, 59614, 60100, service for notification of recently enacted Public Laws. To 7 CFR 60102, 60336 subscribe, send E-mail to 301...... 60088, 60333 71...... 59615, 60337 73...... 60339 [email protected] 319...... 59603 905...... 58759 139...... 60068 with the text message: 928...... 59604 Proposed Rules: subscribe PUBLAWS-L your name 944...... 58759 39 ...... 59137, 59685, 60134, 60136, 60138, 60383, 60386 Use [email protected] only to subscribe or unsubscribe to 981...... 58763, 59107 71 ...... 59687, 59688, 59689, PENS. We cannot respond to specific inquiries. 1439...... 58766 1477...... 58766 59690, 60388 Reference questions. Send questions and comments about the Proposed Rules: 15 CFR Federal Register system to: 278...... 59665 [email protected] 770...... 59131 285...... 59616 738...... 60339 The Federal Register staff cannot interpret specific documents or 1217...... 59669 740...... 60339 regulations. 1823...... 59131 1956...... 59131 746...... 60339 801...... 59119 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 9 CFR Proposed Rules: 77...... 58769 287...... 59691 58755±59106...... 1 59107±59602...... 2 10 CFR 16 CFR 59603±60082...... 3 Proposed Rules: 312...... 59888 60083±60332...... 4 2...... 59669, 59671 60333±60646...... 5 50...... 59671 17 CFR 72...... 59677 271...... 59877 73...... 59684 Proposed Rules: 1...... 59694 11 CFR 239...... 59826 100...... 59113 240...... 59826 110...... 59606 270...... 59826 114...... 59113 274...... 59826 9004...... 59606 9034...... 59606 18 CFR 9036...... 59607 Proposed Rules: Proposed Rules: 35...... 60390 100...... 60360 141...... 60140 102...... 60360 385...... 60140 VerDate 29-OCT-99 17:38 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\05NOCU.XXX pfrm11 PsN: 05NOCU ii Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Reader Aids 21 CFR 34 CFR 180...... 58792 101...... 59663 Proposed Rules: 5...... 59617 668...... 58974, 41 CFR 175...... 60104 59016, 59060 1...... 59719 801...... 59618 682...... 58938, 101-11...... 60348 20...... 59719 Proposed Rules: 59016 101...... 59591 43...... 59719 20...... 60143 685...... 58938, 102...... 59591 73 ...... 59147, 59148, 59728, 801...... 59695 59016 60149, 60150, 60151 Proposed Rules: 42 CFR 90...... 59148, 60151 24 CFR 611...... 60632 409...... 60122 410...... 59379 48 CFR 982...... 59620 37 CFR 411...... 59379, 60122 201...... 58908 26 CFR Proposed Rules: 414...... 59379 213...... 58908 1...... 59701 415...... 59379 Proposed Rules: 1 ...... 58782, 59139, 60342 201...... 59140 485...... 59379 301...... 58782 489...... 60122 49 CFR Proposed Rules: 38 CFR 413...... 60122 1...... 59139, 60395 Proposed Rules: Proposed Rules: 43 CFR Ch. II ...... 59046 39 CFR 209...... 59046 28 CFR 414...... 58986 552...... 60556 0...... 58782 20...... 60106 571...... 60556 2...... 59622 45 CFR 585...... 60556 27...... 58782 40 CFR Proposed Rules: 595...... 60556 50...... 59122 51...... 58792 160...... 59918 52 ...... 59625, 59629, 59633, 161...... 59918 50 CFR 29 CFR 59635, 59638, 59642, 59644, 162...... 59918 17...... 58910 Proposed Rules: 60109, 60343, 60346 163...... 59918 622...... 59126, 60132 1401...... 59697 62...... 59648 164...... 59918 63...... 59650 635...... 58793 30 CFR 68...... 59650 46 CFR 640...... 59126 180...... 59652, 60112 648...... 60359 Proposed Rules: 300 (2 documents) ...... 60121 47 CFR 660...... 59129 31 CFR Proposed Rules: 0...... 60122 Proposed Rules: 52 ...... 59703, 59704, 59705, 1...... 59656, 60122 16...... 59149 538...... 58789 59706, 60400, 60401 2...... 60123 17...... 59729 550...... 58789 62...... 59718 20...... 59656, 60126 622 ...... 59152, 59153, 60151, 560...... 58789 63...... 59719 54...... 60349 60402 68...... 59719 61...... 60122 648...... 59156 33 CFR 81...... 60478 69...... 60122, 60349 654...... 59153 100...... 59623 82...... 59141 73 ...... 59124, 59655, 60131 660...... 60402 117...... 59123, 59624 86...... 60401 76...... 60131 679 ...... 58796, 59730, 60157 Proposed Rules: 141...... 59245 90...... 59148, 60123 Proposed Rules: 110...... 60399 142...... 59245 95...... 59656 17...... 58934 VerDate 29-OCT-99 17:38 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\05NOCU.XXX pfrm11 PsN: 05NOCU Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Reader Aids iii REMINDERS hospital and outpatient Contractor responsibility, Illinois; comments due by The items in this list were care; published 10-6-99 labor relations costs, and 11-9-99; published 9-29- editorially compiled as an aid costs relating to legal and 99 to Federal Register users. other proceedings; Radio services, special: COMMENTS DUE NEXT comments due by 11-8- Inclusion or exclusion from WEEK Private land mobile this list has no legal 99; published 7-9-99 servicesÐ significance. ENERGY DEPARTMENT 87.9 MHz band; AGRICULTURE Acquisition regulations: emergency signals DEPARTMENT Management and operating transmission; comments RULES GOING INTO Food and Nutrition Service contracts; purchasing from due by 11-8-99; EFFECT NOVEMBER 5, Food stamp program: contractor affiliated published 11-4-99 1999 Electronic benefit transfer sources; comments due Radio stations; table of system; adjustments; by 11-12-99; published assignments: AGRICULTURE comments due by 11-8- 10-13-99 New York; comments due DEPARTMENT 99; published 9-9-99 ENVIRONMENTAL by 11-8-99; published 10- Animal and Plant Health AGRICULTURE PROTECTION AGENCY 12-99 Inspection Service DEPARTMENT Air quality implementation Texas; comments due by Plant-related quarantine, Forest Service plans; approval and 11-8-99; published 9-29- domestic: National Forest System land promulgation; various 99 Fire ant; imported; published and resource management States: Wisconsin; comments due 11-5-99 planning; comments due by California; comments due by by 11-8-99; published 9- 11-8-99; published 9-23- COMMERCE DEPARTMENT 11-9-99; published 10-5-99 29-99 99 Export Administration ARCHITECTURAL AND FEDERAL DEPOSIT TRANSPORTATION Colorado; comments due by INSURANCE CORPORATION Bureau 11-8-99; published 10-7- Export licensing: BARRIERS COMPLIANCE Resolution and receivership BOARD 99 rules: Kosovo; exemption from Delaware; comments due by Americans with Disabilities Financial assests transferred license requirements for 11-12-99; published 10- Act; implementation: by insured depository exports and reexports to 12-99 Serbia; published 11-5-99 Accessibility guidelinesÐ institution in connection New York; comments due with securitization or COMMERCE DEPARTMENT Recreation facilities; by 11-8-99; published 10- comments due by 11-8- participation; comments National Oceanic and 8-99 99; published 7-9-99 due by 11-8-99; published Atmospheric Administration Source-specific plansÐ 9-9-99 COMMERCE DEPARTMENT Fishery conservation and Navajo Nation, AZ and FEDERAL ELECTION management: Economic Analysis Bureau NM; comments due by COMMISSION 11-8-99; published 10-8- Caribbean, Gulf, and South International services surveys: Rulemaking petitions: Atlantic fisheriesÐ 99 U.S. direct investments Project on Government Air quality implementation Gulf of Mexico reef fish; abroadÐ Oversight; comments due plans; √A√approval and published 10-26-99 BE-10; benchmark survey- by 11-12-99; published promulgation; various TRANSPORTATION 1999; reporting 10-13-99 requirements; comments States; air quality planning DEPARTMENT FEDERAL RESERVE due by 11-8-99; purposes; designation of Federal Aviation SYSTEM published 9-7-99 areas: Administration Texas; comments due by Equal credit opportunity COMMERCE DEPARTMENT Aircraft: 11-12-99; published 10- (Regulation B): Turbine engine powered National Oceanic and 13-99 Revision; comments due by airplanesÐ Atmospheric Administration Hazardous waste program 11-10-99; published 8-16- Emission standards and Endangered and threatened authorizations: 99 revised test procedures; species: Washington; comments due GENERAL SERVICES published 11-5-99 Sea turtle conservation; by 11-12-99; published ADMINISTRATION Airworthiness directives: shrimp trawling 10-12-99 Federal Acquisition Regulation Airbus; published 10-1-99 requirementsÐ Pesticides; tolerances in food, (FAR): Short Brothers; published Cape Lookout, NC, animal feeds, and raw Contractor responsibility, 10-1-99 offshore waters affected agricultural commodities: labor relations costs, and by Hurricanes Dennis Class E airspace; published Avermectin B1 and its delta- costs relating to legal and and Floyd; limited tow 10-26-99 8,9-isomer; comments due other proceedings; times use as alternative by 11-8-99; published 9-7- comments due by 11-8- TREASURY DEPARTMENT to turtle excluder 99 99; published 7-9-99 Internal Revenue Service devices; comments due Processing fees; comments HEALTH AND HUMAN Income taxes: by 11-12-99; published due by 11-8-99; published 10-15-99 SERVICES DEPARTMENT Treasury securities, 9-24-99 Food and Drug reopening; original issue COMMODITY FUTURES FEDERAL Administration discount; published 11-5- TRADING COMMISSION COMMUNICATIONS Medical devices: 99 Commodity Exchange Act: COMMISSION Cardiovascular, orthopedic, VETERANS AFFAIRS Electronic signatures by Common carrier services: and physical medicine DEPARTMENT customers, participants, Wireless telecommunications diagnostic devicesÐ and clients of registrants; Medical benefits: servicesÐ Cardiopulmonary bypass comments due by 11-12- Veterans' Health Care Extension to Tribal lands; accessory equipment, 99; published 11-3-99 Eligibility Reform Act of comments due by 11-9- goniometer device, and 1996; implementationÐ DEFENSE DEPARTMENT 99; published 9-10-99 electrode cable devices; National enrollment Federal Acquisition Regulation Digital television stations; table comments due by 11-8- system; provision of (FAR): of assignments: 99; published 8-9-99 VerDate 29-OCT-99 17:38 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\05NOCU.XXX pfrm11 PsN: 05NOCU iv Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / Reader Aids HEALTH AND HUMAN Land usage; compatibility TRANSPORTATION European standards; SERVICES DEPARTMENT policy; comments due by DEPARTMENT correction; comments Health Care Financing 11-8-99; published 9-9-99 Coast Guard due by 11-8-99; Administration INTERIOR DEPARTMENT Regattas and marine parades: published 8-20-99 Medicaid: Surface Mining Reclamation Patapsco River, MD; New Technical standard orders: Tuberculosis-related services and Enforcement Office Year's Celebration Transport airplane wheels to TB-infected individuals; Permanent program and Fireworks; comments due and wheel and brake optional coverage; abandoned mine land by 11-8-99; published 10- assemblies; comments comments due by 11-9- reclamation plan 8-99 due by 11-8-99; published 99; published 9-10-99 submissions: TRANSPORTATION 8-10-99 HOUSING AND URBAN Virginia; comments due by DEPARTMENT TREASURY DEPARTMENT DEVELOPMENT 11-8-99; published 10-8- Federal Aviation Customs Service DEPARTMENT 99 Administration Federal Housing Enterprise NATIONAL AERONAUTICS Advisory circulars; availability, Merchandise entry: Oversight Office AND SPACE etc.: Anticounterfeiting Consumer ADMINISTRATION Risk-based capital: Aircraft products and partsÐ Protection Act; Customs Stress test; House Price Acquisition regulations: Brakes and braking entry documentation; Index (HPI) use and Foreign proposals to NASA systems certification comments due by 11-12- benchmark credit loss research announcements; tests and analysis; 99; published 9-13-99 experience determination; implementation on no- comments due by 11-8- comments due by 11-10- TREASURY DEPARTMENT exchange-of-funds basis; 99; published 8-10-99 99; published 6-14-99 comments due by 11-8- Internal Revenue Service Airworthiness directives: INTERIOR DEPARTMENT 99; published 9-7-99 Income taxes, etc.: Airbus; comments due by Indian Affairs Bureau Federal Acquisition Regulation (FAR): 11-8-99; published 10-8- Partnerships and branches; Land and water: 99 guidance under Subpart Contractor responsibility, Land held in trust for benefit AlliedSignal Inc.; comments F; withdrawal and new of Indian Tribes and labor relations costs, and guidance involving hybrid costs relating to legal and due by 11-8-99; published individual Indians; title 9-8-99 branches; comments due acquisition; comments due other proceedings; by 11-10-99; published 7- British Aerospace; by 11-12-99; published comments due by 11-8- 13-99 comments due by 11-8- 10-15-99 99; published 7-9-99 99; published 10-8-99 Income taxes: INTERIOR DEPARTMENT NUCLEAR REGULATORY COMMISSION General Electric Co.; Capital gains, partnership, Land Management Bureau Rulemaking petitions: comments due by 11-8- Subchapter S, and trust Land resource management: 99; published 9-8-99 Angel, Jeffery C.; comments provisions; comments due Rights-of-wayÐ due by 11-8-99; published Airworthiness standards: by 11-8-99; published 8-9- Principles and procedures 8-23-99 Transport category 99 under Mineral Leasing Spent nuclear fuel and high- airplanesÐ Correction; comments due Act; comments due by level radioactive waste; Braking systems; by 11-8-99; published 11-12-99; published 10- independent storage; harmonization with 9-10-99 13-99 licensing requirements: European standards; Income tax return preparer; INTERIOR DEPARTMENT Approved spent fuel storage comments due by 11-8- identifying number; cross Fish and Wildlife Service casks; list additions; 99; published 8-10-99 reference; comments due National Wildlife Refuge comments due by 11-8- Braking systems; by 11-10-99; published 8- System: 99; published 8-23-99 harmonization with 12-99 VerDate 29-OCT-99 17:38 Nov 04, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\05NOCU.XXX pfrm11 PsN: 05NOCU