Pages 23195±23368 Vol. 63 4±28±98 No. 81 federal register April 28,1998 Tuesday GPO Access services andaccessmethods,seepageIIorcontactthe For additionalinformationon http://www.access.gpo.gov/nara/index.html of theU.S.GovernmentPrintingOfficeat: Register publicationsisavailableon Register, theCodeofFederalRegulations Free onlineaccesstotheofficialeditionsof ★ ★ Email: [email protected] Phone: toll-free:1-888-293-6498 User SupportTeamvia: Now AvailableOnlinevia GPO Access GPO Access GPO Access, and otherFederal products, Federal a service 1 II Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998

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2 III

Contents Federal Register Vol. 63, No. 81

Tuesday, April 28, 1998

Administration on Aging Meetings: See Aging Administration Environmental Management Site-Specific Advisory Board— Agency for International Development Hanford Site, 23279–23280 NOTICES Savannah River Site, 23278–23279 Grants and cooperative agreements; availability, etc.: Secretary of Energy Advisory Board, 23280 American schools and hospitals abroad, 23302 Environmental Protection Agency Aging Administration RULES NOTICES Drinking water: Grants and cooperative agreements; availability, etc.: National primary drinking water regulations— Alzheimers disease caregiving options; research, FY 1998, Safe Drinking Water Act; State primacy requirements, 23298 23362–23368 Agriculture Department Hazardous waste program authorizations: See Food and Nutrition Service New Mexico, 23221–23226 See Rural Business-Cooperative Service PROPOSED RULES Air pollution control; new motor vehicles and engines: Centers for Disease Control and Prevention Light-duty vehicles and trucks— NOTICES Tier 2 study and gasoline sulfur issues staff paper Meetings: availability, 23255–23256 National Vaccine Advisory Committee, 23289–23291 Air programs: Fuels and fuel additives— Coast Guard Diesel fuel sulfur requirement; Alaska exemption RULES petition, 23241–23254 Drawbridge operations: Air quality implementation plans; approval and Maryland, 23215–23216 promulgation; various States: Ports and waterways safety: Wisconsin, 23239–23241 Cape Henlopen State Park, DE; safety zone, 23217–23218 Clean Air Act: Los Angeles Harbor-San Pedro Bay, CA; safety zone, Federal and State operating permits programs; draft rules 23218–23220 and accompanying information availability, 23254– Port of New York and New Jersey; safety zone, 23216– 23255 23217 Hazardous waste program authorizations: Regattas and marine parades: New Mexico, 23256 Warfare Capabilities Demonstration, 23215 Superfund program: National oil and hazardous substances contingency Commerce Department plan— See International Trade Administration National priorities list update, 23256–23258 See National Oceanic and Atmospheric Administration NOTICES See National Telecommunications and Information Meetings: Administration Good Neighbor Environmental Board, 23283 National Advisory Council for Environmental Policy and Customs Service Technology, Title VI Implementation Advisory RULES Committee, 23283 Customs service field organization: Toxic substances: Sanford port of entry; establishment, 23214–23215 Lead-based paint activities in target housing and child- occupied facilities; training and certification Defense Department requirements, etc., 23283–23285 NOTICES Water pollution control: Meetings: National pollutant discharge elimination system; State Ballistic Missile Defense Advisory Committee, 23277 programs— Dependents’ Education Advisory Council, 23277 Illinois and Minnesota, 23285–23286 Education Department Executive Office of the President NOTICES Agency information collection activities: See Trade Representative, Office of United States Proposed collection; comment request, 23277–23278 Federal Aviation Administration Energy Department RULES See Federal Energy Regulatory Commission Air carrier certification and operations: NOTICES Transportation category airplanes; rejected takeoff and Electricity export and import authorizations, permits, etc.: landing performance standards Virginia Electric and Power Co., 23278 Correction, 23338 IV Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Contents

Airworthiness directives: Food and Drug Administration Alexander Schleicher Segelflugzeugbau, 23201–23203 NOTICES Diamond Aircraft Industries, Inc., 23200–23201 Report and guidance documents; availability, etc.: New Piper Aircraft, Inc., 23205–23206 SUPAC-IR/MR: Immediate release and modified release Raytheon, 23203–23204 solid oral dosage forms, manufacturing equipment Airworthiness standards: addendum, 23291–23292 Transport category airplanes— Reports and guidance documents; availability, etc.: Damage-tolerant structure fatigue requirements; Bone growth stimulator devices; industry guidance, correction, 23338 23292–23293 Class D and E airspace, 23206 PAC-ATLS: postapproval changes—analytical testing Standard instrument approach procedures, 23206–23214 laboratory sites; industry guidance, 23293 NOTICES Passenger facility charges; applications, etc.: Food and Nutrition Service Jack Mc Namara Field, CA, 23335–23336 NOTICES Commodity supplemental food program: Federal Communications Commission Poverty income guidelines for elderly, 23264 RULES Radio stations; table of assignments: Health and Human Services Department Nevada, et al., 23226 See Aging Administration PROPOSED RULES See Centers for Disease Control and Prevention Common carrier services: See Food and Drug Administration Telecommunications Act of 1996; implementation— See National Institutes of Health Universal service policy, 23258–23261 See Substance Abuse and Mental Health Services NOTICES Administration Meetings: NOTICES North American Numbering Council, 23286–23287 Agency information collection activities: Submission for OMB review; comment request, 23289 Federal Emergency Management Agency NOTICES Interior Department Disaster and emergency areas: See Land Management Bureau Alabama, 23287 See National Park Service Florida, 23287 Georgia, 23287 International Development Cooperation Agency See Agency for International Development Federal Energy Regulatory Commission International Trade Administration NOTICES NOTICES Applications, hearings, determinations, etc.: Antidumping: Columbia Gas Transmission Corp., 23280–23281 Brass sheet and strip from— El Paso Natural Gas Co., 23281 Canada, 23269–23271 Graham-Michaelis Corp., 23281–23282 Cut-to-length carbon steel plate from— Koch Gateway Pipeline Co., 23282 Brazil, 23271 Tennessee Gas Pipeline Co., 23282 Oil country tubular goods from— Utlicorp United Inc., 23282–23283 Argentina, 23271–23272 Antidumping and countervailing duties: Federal Maritime Commission Extruded rubber thread from— NOTICES Indonesia, 23267–23269 Freight forwarders licenses: Countervailing duties: Ocean’s Freight, Inc., 23287 Stainless steel plate in coils from— Belgium, et al., 23272–23276 Federal Reserve System RULES Justice Department Securities credit transactions (Regulations G, T, U, and X): PROPOSED RULES OTC margin stocks and foreign stocks list, 23195–23200 Communications Assistance for Law Enforcement Act; NOTICES implementation: Banks and bank holding companies: Significant upgrade or major modification; definition, Change in bank control, 23287–23288 23231–23239 Formations, acquisitions, and mergers, 23288 Permissible nonbanking activities, 23288–23289 Land Management Bureau Meetings; Sunshine Act, 23289 NOTICES Management framework plans, etc.: Financial Management Service Nevada, 23297–23298 See Fiscal Service National Aeronautics and Space Administration Fiscal Service NOTICES RULES Meetings: Federal claims collection: NASA Advisory Council Task Force on the Shuttle-Mir Administrative offset, 23354–23361 Rendezvous and Docking Missions, 23302–23303 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Contents V

National Highway Traffic Safety Administration Northeast Dairy Compact Commission NOTICES PROPOSED RULES Agency information collection activities: Meeting, 23231 Proposed collection; comment request, 23336–23337 Nuclear Regulatory Commission National Institutes of Health NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 23303– National Advisory Environmental Health Sciences 23304 Council, 23293–23294 Meetings; Sunshine Act, 23307 National Heart, Lung, and Blood Institute, 23294 Applications, hearings, determinations, etc.: National Institute of Child Health and Human Boston Edison Co., 23304–23306 Development, 23294 Duke Energy Corp., et al., 23306 National Institute of Diabetes and Digestive and Kidney Tennessee Valley Authority, 23306–23307 Diseases, 23295 National Institute of Mental Health, 23294–23295 Office of United States Trade Representative National Institute on Alcohol Abuse and Alcoholism, See Trade Representative, Office of United States 23295 Scientific Review Center special emphasis panels, 23295– Panama Canal Commission 23296 RULES Shipping and navigation: National Oceanic and Atmospheric Administration Small vessels transiting Canal; fixed minimum toll rate, RULES 23220–23221 Fishery conservation and management: Northeastern United States fisheries— Public Debt Bureau Summer flounder and scup, 23227–23230 See Fiscal Service Marine mammals: Endangered fish or wildlife— Public Health Service Steller sea lions; listing status change; correction, See Centers for Disease Control and Prevention 23226–23227 See Food and Drug Administration PROPOSED RULES See National Institutes of Health Fishery conservation and management: See Substance Abuse and Mental Health Services Alaska; fisheries of Exclusive Economic Zone— Administration Aleutian Islands shortraker and rougheye rockfish, 23261–23263 Railroad Retirement Board NOTICES Permits: NOTICES Marine mammals, 23276 Reporting and recordkeeping requirements, 23307

National Park Service Rural Business-Cooperative Service NOTICES NOTICES Agency information collection activities: Grants and cooperative agreements; availability, etc.: Submission for OMB review; comment request, 23298– Rural business enterprise program, 23264–23266 23300 Director’s orders; availability, etc.: Securities and Exchange Commission Donations and fundraising activities to benefit Park NOTICES Service, 23300 Self-regulatory organizations; proposed rule changes: National Register of Historic Places: Boston Stock Exchange, Inc., 23307–23309 Pending nominations, 23300–23302 Chicago Board Options Exchange, Inc., 23309–23310 Depository Trust Co., 23310–23311 National Science Foundation Municipal Securities Rulemaking Board, 23311–23317 NOTICES National Association of Securities Dealers, Inc., 23317– Meetings: 23324 Civil and Mechanical Systems Special Emphasis Panel, New York Stock Exchange, Inc., 23324–23326 23303 Philadelphia Depository Trust Co., 23326–23327 Social, Behavioral, and Economic Sciences, 23303 Philadelphia Stock Exchange, Inc., 23327–23333 Stock Clearing Corporation of Philadelphia, 23333–23334 National Telecommunications and Information Administration Small Business Administration NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Surety bond guarantee program; fees, 23334 Telecommunications and information infrastructure assistance program Substance Abuse and Mental Health Services Applications received; list, 23340–23352 Administration NOTICES National Transportation Safety Board Grant and cooperative agreement awards: NOTICES National Association of State Mental Health Program Meetings; Sunshine Act, 23303 Directors, 23296–23297 VI Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Contents

Thrift Supervision Office See Fiscal Service NOTICES See Thrift Supervision Office Applications, hearings, determinations, etc.: Peoples Building and Loan Association, F.A., 23337 Trade Representative, Office of United States Separate Parts In This Issue NOTICES Meetings: Part II Industry Sector & Industry Functional Advisory Department of Commerce, National Telecommunications Committees, 23334 and Information Administration, 23340–23352 Transportation Department See Coast Guard Part III See Federal Aviation Administration Department of Treasury, Fiscal Service, 23354–23359 See National Highway Traffic Safety Administration NOTICES Part IV Aviation proceedings: Environmental Administration, 23362–23368 Agreements filed; weekly receipts, 23334–23335 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 23335 Reader Aids Consult the Reader Aids section at the end of this issue for Treasury Department phone numbers, online resources, finding aids, reminders, See Customs Service and notice of recently enacted public laws. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Contents VII

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 Proposed Rules: Ch. XIII...... 23231 12 CFR 220...... 23195 224...... 23195 14 CFR 1...... 23338 25 (2 documents) ...... 23338 39 (4 documents) ...... 23200, 23201, 23203, 23205 71...... 23206 91...... 23338 97 (5 documents) ...... 23206, 23208, 23209, 23211, 23213 121...... 23338 135...... 23338 19 CFR 101...... 23214 122...... 23214 28 CFR Proposed Rules: 100...... 23231 31 CFR 285...... 23354 33 CFR 100...... 23215 117...... 23215 165 (3 documents) ...... 23216, 23217, 23218 35 CFR 133...... 23220 135...... 23220 40 CFR 141...... 23362 142...... 23362 272...... 23221 Proposed Rules: 52...... 23239 69...... 23241 70...... 23254 80...... 23241 86...... 23255 272...... 23256 300...... 23256 47 CFR 73...... 23226 Proposed Rules: 54...... 23258 50 CFR 222...... 23226 227...... 23226 648...... 23227 Proposed Rules: 679...... 23261 23195

Rules and Regulations Federal Register Vol. 63, No. 81

Tuesday, April 28, 1998

This section of the FEDERAL REGISTER States that qualify as OTC margin stock character of the criteria for inclusion contains regulatory documents having general under Regulation T (12 CFR Part 220) by and continued inclusion on the Lists applicability and legal effect, most of which meeting the requirements of section specified in 12 CFR 207.6(a) and (b), are keyed to and codified in the Code of 220.11(a). This determination also 220.17(a), (b), (c) and (d), and 221.7(a) Federal Regulations, which is published under affects the applicability of Regulation X and (b). No additional useful 50 titles pursuant to 44 U.S.C. 1510. (12 CFR Part 224). These stocks have the information would be gained by public The Code of Federal Regulations is sold by degree of national investor interest, the participation. The full requirements of 5 the Superintendent of Documents. Prices of depth and breadth of market, and the U.S.C. 553 with respect to deferred new books are listed in the first FEDERAL availability of information respecting effective date have not been followed in REGISTER issue of each week. the stock and its issuer to warrant connection with the issuance of this regulation in the same fashion as amendment because the Board finds exchange-traded securities. The OTC that it is in the public interest to FEDERAL RESERVE SYSTEM List also includes any OTC stock facilitate investment and credit designated for trading in the national decisions based in whole or in part 12 CFR Parts 220 and 224 market system (NMS security) under upon the composition of these Lists as [Regulations T and X] rules approved by the Securities and soon as possible. The Board has Exchange Commission (SEC). responded to a request by the public Securities Credit Transactions; List of Additional OTC stocks may be and allowed approximately a two-week Marginable OTC Stocks; List of designated as NMS securities in the delay before the Lists are effective. Foreign Margin Stocks interim between the Board’s quarterly List of Subjects publications. They will become AGENCY: Board of Governors of the automatically marginable upon the 12 CFR Part 220 Federal Reserve System. effective date of their NMS designation. ACTION: Final rule; determination of The names of these stocks are available Banks, Banking, Brokers, Credit, applicability of regulations. at the SEC and at the National Margin, Margin requirements, Association of Securities Dealers, Inc. Investments, National Market System SUMMARY: The List of Marginable OTC (NMS Security), Reporting and Pursuant to amendments recently Stocks (OTC List) is composed of stocks recordkeeping requirements, Securities. traded over-the-counter (OTC) in the adopted by the Board (see, 63 FR 2805, United States that qualify as margin January 16, 1998), the definition of OTC 12 CFR Part 224 securities under Regulation T, Credit by margin stock in § 220.2 and the eligibility criteria for these stocks in Banks, Banking, Borrowers, Credit, Brokers and Dealers. The List of Foreign Margin, Margin requirements, Reporting Margin Stocks (Foreign List) is § 220.11(a) and (b) will be removed from Regulation T on January 1, 1999, and and recordkeeping requirements, composed of foreign equity securities Securities. that qualify as margin securities under broker-dealers will be permitted to extend margin credit against all equity Accordingly, pursuant to the Regulation T. The OTC List and the authority of sections 7 and 23 of the Foreign List are published four times a securities listed in the Nasdaq Stock Market. Lenders subject to Regulation T Securities Exchange Act of 1934, as year by the Board. This document sets amended (15 U.S.C. 78g and 78w), and forth additions to and deletions from the and borrowers subject to Regulation X who are required under § 224.3(a) to in accordance with 12 CFR 220.2 and previous OTC List and the previous 220.11, there is set forth below a listing Foreign List. conform credit they obtain to Regulation T will use the OTC List until of deletions from and additions to the EFFECTIVE DATE: May 11, 1998. publication of the next OTC List, OTC List and the Foreign List. FOR FURTHER INFORMATION CONTACT: anticipated for August 1998. The Board Deletions From The List Of Marginable OTC Peggy Wolffrum, Securities Regulation will cease publication of the OTC List Stocks Analyst, Division of Banking in 1999. Supervision and Regulation, (202) 452– Stocks Removed For Failing Continued Also listed below are the deletions Listing Requirements 2837, Board of Governors of the Federal from and additions to the Foreign List, Reserve System, Washington, D.C. which was last published on January 27, 4HEALTH, INC. Warrants (expire 01–15–1998) 20551. For the hearing impaired only, 1998, (63 FR 3805), and became contact Dorothea Thompson, ACCUMED INTERNATIONAL, INC. effective February 9, 1998. The Foreign No par common Telecommunications Device for the Deaf List is used solely by lenders subject to AEGIS CONSUMER FUNDING GROUP, THE (TDD) at (202) 452–3544. Regulation T. A copy of the complete $.01 par common SUPPLEMENTARY INFORMATION: Listed Foreign List is available from the AMERICAN UNITED GLOBAL, INC. below are the deletions from and Federal Reserve Banks. $.01 par common additions to the Board’s OTC List, Warrants (expire 07–31–1998) which was last published on January 27, Public Comment and Deferred Effective AMTRUST CAPITAL CORPORATION 1998 (63 FR 3805), and became effective Date $.01 par common APS HOLDING CORPORATION February 9, 1998. A copy of the The requirements of 5 U.S.C. 553 with Class A, complete OTC List is available from the respect to notice and public $.01 par common Federal Reserve Banks. participation were not followed in ARNOLD PALMER GOLF COMPANY The OTC List includes those stocks connection with the issuance of this $.50 par common traded over-the-counter in the United amendment due to the objective BANC ONE CORPORATION (Ohio) 23196 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

Series C, no par convertible Preferred No par common $.01 par common BANKUNITED FINANCIAL CORPORATION ROSE’S HOLDINGS, INC. COVENANT BANCORP, INC. (Florida) No par common $5.00 par common Series 1993, $.01 par non-cumulative Warrants (expire 04–28–2002) CYPROS PHARMACEUTICAL convertible preferred SI DIAMOND TECHNOLOGY, INC. CORPORATION $.01 par non-cumulative perpetual $.001 par common No par common preferred TELEGEN CORPORATION BIRD CORPORATION No par common DBA SYSTEMS, INC. $1.00 par common TLII LIQUIDATING CORPORATION $.10 par common BOYDS WHEELS, INC. $.01 par common EL CHICO RESTAURANTS, INC. No par common UNIVERSAL HOSPITAL SERVICES, INC. $.10 par common CAM DESIGNS, INC. $.01 par common Warrants (expire 07–24–2000) UNIVERSAL SEISMIC ASSOCIATES, INC. EMERALD ISLE BANCORP, INC. CAMPO ELECTRONICS, APPLIANCES AND $.0001 par common (Massachusetts) COMPUTERS, INC. VDC CORPORATION, LTD. $1.00 par common $.10 par common $.10 par common FFVA FINANCIAL CORPORATION CHANTAL PHARMACEUTICAL VIDEOLAN TECHNOLOGIES, INC. $.10 par common CORPORATION $.01 par common FIRST ALERT, INC. $.01 par common $.01 par common Stocks Removed for Listing on a National CITYSCAPE FINANCIAL CORPORATION FIRST STATE CORPORATION Securities Exchange or Being Involved in an $.01 par common $1.00 par common Acquisition COMPUTER LANGUAGE RESEARCH, INC. FIRST UNITED BANCORPORATION (South $.01 par common AARON RENTS, INC. Carolina) CONSOLIDATED STAINLESS, INC. $.50 par common $1.67 par common $.01 par common $1.00 par common FORT WAYNE NATIONAL CORPORATION CONSUMERS FINANCIAL CORPORATION ADVANTAGE BANCORP, INC. (Wisconsin) No par common 8.5% Series A, convertible preferred $.01 par common FULCRUM TECHNOLOGIES, INC. COUNTRY STAR RESTAURANTS, INC. ALLIED HOLDINGS, INC. No par common No par common $.001 par common GEORGE MASON BANKSHARES, INC. AMTI COMMUNICATIONS CORPORATION DATAMARINE INTERNATIONAL, INC. (Virginia) $.20 par common $.01 par common $1.66 par common DEFLECTA-SHIELD CORPORATION AMERICA FIRST PARTICIPATING/ GRANTE FINANCIAL, INC. $.01 par common PREFERRED EQUITY $.001 par common DESWELL INDUSTRIES, INC. MORTGAGE LP Warrants (expire 07–17–2000) Exchangeable units of limited partnership GREAT FINANCIAL CORPORATION EQUITEX, INC. AMERICAN GREETINGS CORPORATION $.01 par common $.001 par common Class A, $1.00 par common FIRST ENTERPRISE FINANCIAL GROUP, AMERICAN VANGUARD CORPORATION GULF SOUTH MEDICAL SUPPLY, INC. INC. $.10 par common $.01 par common $.01 par common AMERUS LIFE HOLDINGS, INC. HEARTSTREAM, INC. FIRST ROBINSON FINANCIAL Class A, no par common $.001 par common CORPORATION ARBOR DRUGS, INC. HECTOR COMMUNICATIONS $.01 par common $.01 par common CORPORATION GENERAL ACCEPTANCE CORPORATION ATC GROUP SERVICES, INC. $.01 par common No par common $.01 par common HOLMES PROTECTION GROUP, INC. HELISYS, INC. Class C, warrants (expire 04–30–1998) $.01 par common $.001 par common AUTOBOND ACCEPTANCE CORPORATION HOMECORP, INC. HEMASURE, INC. No par common $.01 par common $.01 par common BALLY TOTAL FITNESS HOLDING HUGOTON ENERGY CORPORATION INTEL CORPORATION CORPORATION No par common Warrants (expire 03–14–1998) $.01 par common ILC TECHNOLOGY, INC. KAMAN CORPORATION BALLY’S GRAND, INC. No par common Depositary Shares $.01 par common IMPACT SYSTEMS, INC. KWG RESOURCES, INC. Warrants (expire 08–19–2000) No par common No par common BGS SYSTEMS, INC. INDIVIDUAL, INC. MANHATTAN BAGEL COMPANY, INC. $.10 par common $.01 par common No par common BLIMPIE INTERNATIONAL, INC. INTERNATIONAL PETROLEUM MOLTEN METAL TECHNOLOGY, INC. $.01 par common CORPORATION $.01 par common BROOKS FIBER PROPERTIES, INC. No par common NORTH COAST ENERGY, INC. $.01 par common KAPSON SENIOR QUARTERS Series B, $.01 par cumulative convertible CANNON EXPRESS, INC. CORPORATION preferred $.01 par common $.01 par common NORTHWEST TELEPRODUCTIONS, INC. CHARTWELL LEISURE, INC. $.01 par common $.01 par common KEY FLORIDA BANCORP, INC. OMNIS TECHNOLOGY CORPORATION CHIPS AND TECHNOLOGIES, INC. $.01 par common $.01 par common $.01 par common LASER INDUSTRIES LIMITED PHOTRAN CORPORATION CHITTENDEN CORPORATION Ordinary shares No par common $1.00 par common (par NIS 0.0001) PRECISION STANDARD, INC. COMMNET CELLULAR, INC. LEXFORD, INC. $.0001 par common $.001 par common No par common PROCEPT, INC. COMMUNICATIONS CENTRAL, INC. LIFE BANCORP, INC. (Virginia) $.01 par common $.01 par common $.01 par common QUALITY DINO ENTERTAINMENT, LTD. COMPUSERVE CORPORATION LIN TELEVISION CORPORATION No par common $.01 par common $.01 par common RELIANCE ACCEPTANCE GROUP, INC. CONTINENTAL CIRCUITS CORPORATION MacDERMID, INCORPORATED $.01 par common $.01 par common No par common RHEOMETRIC SCIENTIFIC, INC. COTELLIGENT GROUP, INC. MAS TECHNOLOGY LIMITED Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23197

American Depositary Receipts No par common $.01 par common MID CONTINENT BANCSHARES, INC. STECK-VAUGHN PUBLISHING BIRNER DENTAL MANAGEMENT (Kansas) CORPORATION SERVICES, INC. $.10 par common $.01 par common No par common MIDWEST FEDERAL FINANCIAL STOKELY USA, INC. BMJ MEDICAL MANAGEMENT, INC. CORPORATION $.05 par common $.001 par common $.01 par common SUBURBAN OSTOMY SUPPLY CO., INC. BNC MORTGAGE, INC. ML BANCORP, INC. (Pennsylvania) No par common $.001 par common $.01 par common SYMETRICS INDUSTRIES, INC. BOLLE, INC. MOBILE GAS SERVICE CORPORATION $.25 par common $.01 par common $2.50 par common TECHNOLOGY MODELING ASSOCIATES, BROKLINE BANCORP, INC. MOOVIES, INC. INC. $.01 par common $.001 par common No par common C & F FINANCIAL CORPORATION NETCOM ON-LINE COMMUNICATION TYSONS FINANCIAL CORPORATION $1.00 par common SERVICES, INC. $5.00 par common CAPITAL AUTOMOTIVE REIT $.01 par common UNIVERSAL OUTDOOR HOLDINGS, INC. Shares of beneficial interest NEW JERSEY STEEL CORPORATION $.01 par common CAREER EDUCATION CORPORATION $.01 par common VIDEO SERVICES CORPORATION $.01 par common $.01 par common CAVALRY BANCORP, INC. NORWICH FINANCIAL CORP. VISIGENIC SOFTWARE, INC. No par common $.001 par common $1.00 par common CCA COMPANIES, INC. WAUSAU PAPER MILLS CORPORATION OMNI INSURANCE GROUP, INC. $.001 par common $.50 par common $.01 par common CENTURY BANCSHARES, INC. ONBANCORP, INC. (New York) XPEDITE SYSTEMS, INC. $.01 par common $1.00 par common $1.00 par common COAST FEDERAL LITIGATION OREGON METALLURGICAL Additions to the List of Marginable OTC CONTINGENT PAYMENT RIGHTS CORPORATION Stocks TRUST $1.00 par common ACSYS, INC. Contingent Payment Rights ORION NETWORK SYSTEMS, INC. No par common COLONY BANKCORP, INC. $.01 par common ADVANCE FINANCIAL BANCORP. $10.00 par common PEMBRIDGE, INC. $.10 par common COLUMBIA FINANCIAL OF KENTUCKY, No par common ALLERGAN SPECIALTY THERAPEUTICS, INC. PERPETUAL BANK, A FEDERAL SAVINGS INC. No par common BANK (South Carolina) Class A, $.01 par common COLUMBIA SPORTSWEAR COMPANY $1.00 par common ALTAIR INTERNATIONAL, INC. No par common PERSEPTIVE BIOSYSTEMS, INC. No par common COMMNET CELLULAR, INC. $.01 par common AMBASSADOR BANK OF THE $.001 par common PLASTI-LINE, INC. COMMONWEALTH COMPASS INTERNATIONAL SERVICES $.001 par common $4.00 par common CORPORATION PROXIMA CORPORATION AMERICAN CHAMPION ENTERTAINMENT, $.01 par common $.001 par common INC. COMPLETE BUSINESS SOLUTIONS, INC. PURETEC CORPORATION $.0001 par common No par common $.01 par common AMERICAN DENTAL PARTNERS, INC. CONDOR TECHNOLOGY SOLUTIONS, INC. RAPTOR SYSTEMS, INC. $.01 par common $.01 par common $1.00 par common AMERICAN SAFETY INSURANCE GROUP, REDWOOD TRUST, INC. COWLITZ BANCORPORATION LTD. No par common $.01 par common $.01 par common 9.74% Class B, CULTURALACCESS WORLDWIDE, INC. ANNAPOLIS NATIONAL BANCORP, INC. $.01 par common $.01 par cumulative convertible preferred $.01 par common REEDS JEWELERS, INC. CURAGEN CORPORATION ANNUITY AND LIFE RE HOLDINGS, LTD. $.01 par common $.10 par common $1.00 par common CYTOCLONAL PHARMACEUTICS, INC. ROTTLUND COMPANY, INC., THE ARTISAN COMPONENTS, INC. $.01 par common $.01 par common $.001 par common DECOMA INTERNATIONAL, INC. SAGEBRUSH, INC. ASHA CORPORATION Class A, common shares No par common $.0001 par common SANCO CORPORATION ASSOCIATED MATERIALS DISPATCH MANAGEMENT SERVICES $.01 par common INCORPORATED CORPORATION $.0025 par common $.01 par common SHARED TECHNOLOGIES FAIRCHILD, INC. ASTROPOWER, INC. DOCUCORP INTERNATIONAL, INC. $.001 par common $.01 par common $.01 par common SHOREWOOD PACKAGING CORPORATION ATLANTIC GULF COMMUNITIES DOUBLECLICK, INC. $.01 par common CORPORATION $.001 par common SIGNATURE BRANDS USA, INC. Warrants Series A, (expire 06–23–2004) DRYPERS CORPORATION $.01 par common Warrants Series B, (expire 06–23–2004) $.001 par common SOFTWARE ARTISTRY, INC. Warrants Series C, (expire 06–23–2004) DURA AUTOMOTIVE SYSTEMS, INC. No par common ATLANTIC PHARMACEUTICALS, INC. Convertible Trust Preferred SPINE-TECH, INC. $.001 par common E–NET, INC. $.01 par common ATLANTIC REALTY TRUST $.01 par common SPINNAKER INDUSTRIES, INC. Shares of beneficial interest EARTHSHELL CORPORATION No par common AVIATION GROUP, INC. $.01 par common Class A, no par common $.01 par common EDAC TECHNOLOGIES CORPORATION STAGE STORES, INC. BANK RHODE ISLAND $.0025 par common $.01 par common $1.00 par common STATE OF THE ART, INC. BIG BUCK BREWERY & STEAKHOUSE, INC. ELCOTEL, INC. 23198 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

Redeemable warrants Series D, warrants (expire 01–14–2000) No par common ELDER-BEERMAN STORES CORPORATION, INFORMATION ANALYSIS PC CONNECTION, INC. THE INCORPORATED $.01 par common No par common $.01 par common PENN OCTANE CORPORATION ENERGYSOUTH, INC. INTERNATIONAL BANCSHARES $.01 par common $2.50 par common CORPORATION PENNSYLVANIA MANUFACTURERS ESQUIRE COMMUNICATIONS, LTD. $1.00 par common CORPORATION $5.00 par common $.01 par common INTERNATIONAL FIBERCOM, INC. No par common PITTSBURGH HOME FINANCIAL EXODUS COMMUNICATIONS INVESTORS REAL ESTATE TRUST CORPORATION $.001 par common No par shares of beneficial interest 8.56% cumulative trust preferred EXTENDED SYSTEMS INCORPORATED ISOMET CORPORATION PIZZA INN, INC. $.001 par common $1.00 par common $.01 par common FIDELITY BANKSHARES, INC. ISS GROUP, INC. PROVINCE HEALTHCARE COMPANY Trust preferred securities $.001 par common $.01 par common FIRST CONSULTING GROUP, INC. QUEEN SAND RESOURCES, INC. $.001 par common JAMESON INNS, INC. $.0015 par common FIRST SOUTH AFRICA CORPORATION Series A, preferred REPUBLIC BANKING CORPORATION OF $.01 par common JPS TEXTILE GROUP FLORIDA FLAGSTAR BANCORP, INC. $.01 par common $.01 par common Class A, preferred LADISH CO., INC. RICHMOND COUNTY FINANCIAL FLORAFAX INTERNATIONAL, INC. $.01 par common CORPORATION $.01 par common $.01 par common LEVEL 3 COMMUNICATIONS, INC. ROYAL OLYMPIC CRUISE LINES, INC. FORSOFT, LTD. $.01 par common LJL BIOSYSTEMS, INC. $.01 par common Ordinary shares (ISL .001) $.001 par common SECOND NATIONAL FINANCIAL FRONTIER FINANCIAL CORPORATION LUNDIN OIL AB CORPORATION No par common Global Depositary Receipts (.50 SEK) $2.50 par common GASTON FEDERAL BANCORP, INC. MARKET FINANCIAL CORPORATION SHIRE PHARMACEUTICALS GROUP, PLC $1.00 par common No par common American Depositary Shares GB FOODS CORPORATION MERCURY COMPUTER SYSTEMS SHOE PAVILION, INC. $.08 par common $.01 par common $.001 par common GENESIS MICROCHIP, INC. MICROMUSE, INC. SI TECHNOLOGIES, INC. No par common $.01 par common $.01 par common GETTY IMAGES, INC. MIDWEST BANC HOLDINGS, INC. SMED INTERNATIONAL, INC. $.01 par common $.01 par common No par common SMITH CORONA CORPORATION MILLENIUM SPORTS MANAGEMENT, INC. $.001 par common Warrants (expire 06–30–1998) GLOBAL TELESYSTEMS GROUP, INC. SONOSIGHT, INC. MILLER EXPLORATION COMPANY $.10 par common $.01 par common $.01 par common GRAND COURT LIFESTYLES, INC. SOUTH UMPQUA STATE BANK $.01 par common MTI TECHNOLOGY CORPORATION $.833 par common GST TELECOMMUNICATIONS, INC. $.001 par common SOUTHBANC SHARES, INC. No par common MULTIMEDIA GAMES, INC. $.01 par common Class A warrants (expire 11–12–2001) GULF WEST BANKS, INC. SPORTSMAN’S GUIDE, INC., THE NANOGEN, INC. No par common $.01 par common $.001 par common STERLING FINANCIAL CORPORATION HAWKER PACIFIC AEROSPACE NARA BANK NATIONAL ASSOCIATION No par common (Pennsylvania) $3.00 par common $5.00 par common HEADLANDS MORTGAGE COMPANY NATIONAL CITY BANCSHARES, INC. No par common STEVEN MYERS & ASSOCIATES, INC. (Indiana) No par common HENLEY HEALTHCARE, INC. Cumulative Trust Preferred SUNPHARM CORPORATION $.01 par common NET.B@NK, INC. $.0001 par common HERBALIFE INTERNATIONAL, INC. $.01 par common SURMODICS, INC. DECS Trust III NORTH AMERICAN SCIENTIFIC, INC. $.05 par common HERITAGE BANCORP, INC. (South Carolina) $.01 par common SYMPHONIX DEVICES, INC. $.01 par common NORTH VALLEY BANCORP $.001 par common HOLLIS-EDEN PHARMACEUTICALS No par common TRANSGENE S.A. $.01 par common NORTHERN BANK OF COMMERCE American Depositary Receipts HOME LOAN FINANCIAL CORPORATION $1.00 par common UNITED INVESTORS REALTY TRUST No par common NORWOOD FINANCIAL CORPORATION No par common HOPFED BANCORP, INC. (Kentucky) $.10 par common UNIVERSAL DISPLAY CORPORATION $.01 par common NUTMEG FEDERAL SAVINGS & LOAN $.10 par common ASSOCIATION USN COMMUNICATIONS, INC. $.005 par common HORIZON MEDICAL PRODUCTS, INC. $.01 par common NUTRACEUTICAL INTERNATIONAL $.001 par common VERISIGN, INC. CORPORATION $.001 par common HORIZON OFFSHORE, INC. $.01 par common VIAGRAFIX CORPORATION $1.00 par common OMEGA WORLDWIDE, INC. $.01 par common ICON CMT CORPORATION $.10 par common VISUAL NETWORKS, INC. $.001 par common ON STAGE ENTERTAINMENT, INC. $.01 par common INDEPENDENCE COMMUNITY BANK $.01 par common VYSIS, INC. CORPORATION ONLINE SYSTEM SERVICES, INC. $.001 par common $.01 par common No par common WEBSTER FINANCIAL CORPORATION INDIGO AVIATION AKIEBOLAG OPTELECOM, INC. Series B, 8.625% cumulative redeemable American Depositary Shares $.03 par common preferred INDUSTRIAL HOLDINGS, INC. PAULSON CAPITAL CORPORATION WILLIAMS INDUSTRIES, INC. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23199

$.01 par common ¥ 50 par common Additions to the Foreign Margin List WILSHIRE REAL ESTATE INVESTMENT KOA OIL CO., LTD. Australia TRUST, INC. ¥ 50 par common ORICA LIMITED $.01 par common KYODO PRINTING CO., LTD. Ordinary shares, par A$1.00 ¥ 50 par common Deletions From the Foreign Margin List MARUETSU INC. Brazil Australia ¥ 50 par common COMPANHIA SIDERURGICA TUBARAO ON AAPC LIMITED MITSUBISHI CABLE INDUSTRIES, LTD. B preferred shares Ordinary shares, par A$0.50 ¥ 50 par common COMPANHIA SIDERURGICA TUBARAO PN ICI AUSTRALIA LIMITED MITSUI REAL ESTATE SALES CO., LTD. Preferred B shares Ordinary shares, par A$1.00 ¥ 50 par common LIGHT SERVICIOS DE ELECTRICIDADE Brazil NORITZ CORP. No par common ¥ 50 par common Denmark BRASMOTOR S.A. OKAMOTO INDUSTRIES, INC. No par preferred RATIN A/S ¥ 50 par common COMPANHIA SIDERURGICA BELGO Series B, par 1 Danish krone OKASAN SECURITIES CO., LTD. MINEIR RATIN A/S ¥ 50 par common No par common Series A, par 1 Danish krone RENGO CO., LTD. COMPANHIA SIDERURGICA BELGO ¥ 50 par common Germany MINEIR S X L CORP. ADIDAS—SALOMON AG No par non-voting, preferred Bearer shares, par DM 50 COMPANHIA SIDERURGICA TUBARAO ¥ 50 par common SANKYO ALUMINIUM INDUSTRY CO., ERGO VERSICHERUMGS GRUPPE No par non-voting, Preferred B Ordinary shares, par DM 5 COMPANHIA VIDRARIA SANTA MARINA LTD. ON ¥ 50 par common Greece No par common SHINMAYWA INDUSTRIES, LTD. ALPHA CREDIT BANK, S.A. LIGHT SERVICIOS DE ELECTRICIDADE S.A. ¥ 50 par common Common registered, par Greek No par common SS PHARMACEUTICAL CO., LTD. ALUMINIUM CO. OF GREECE, S.A. ¥ 50 par common Canada Common registered, par US$27.50 TADANO, LTD. DOMINION TEXTILE INC. ¥ 50 par common ALUMINIUM CO. OF GREECE, S.A. No par common TOAGOSEI CO. LTD. Preference, par Greek drachmas 700 NORCEN ENERGY RESOURCES LIMITED ¥ 50 par common ASPIS PRONIA GENERAL INSURANCES, No par Subordinate-voting TOKYOTOKEIBA CO., LTD. Common registered, par Greek France ¥ 20 par common ATHENS MEDICAL CENTER, S.A. Common registered, par Greek BERTRAND FAURE SA TOYO COMMUNICATION EQUIPMENT ATTICA ENTERPRISES, S.A. Ordinary shares, par 5 French CO., Common, par Greek drachmas 200 CETELEM SA ¥ 50 par common BANK OF PIRAEUS, S.A. Ordinary shares, par 45 French TOYO ENGINEERING CORP. Common registered, par Greek COMPAGNIE BANCAIRE SA ¥ 50 par common CHIPITA INTERNATIONAL, S.A. Ordinary shares, par 100 French TOYO EXTERIOR CO., LTD. ¥ 50 par common Common bearer, par Greek drachmas Germany TOYOTA AUTO BODY CO., LTD. COMMERCIAL BANK OF GREECE ADIDAS AG ¥ 50 par common Common registered, par Greek DELTA DAIRY, S.A. Bearer shares par DM 50 UNIDEN CORP. Common, par Greek drachmas 200 VICTORIA HOLDING AG ¥ 50 par common Registered Shares, par DM 50 DELTA DAIRY, S.A. WAKO SECURITIES CO., LTD. Preferrence, par Greek drachmas 200 Japan ¥ 50 par common ELAIS OLEAGINOUS PRODUCTION, S.A. AMADA METRECS CO., LTD. Norway Common, par Greek drachmas 575 ¥ 50 par common STORLI ASA ELVAL ALUMINUM PROCESS CO., S.A. AOKI INTERNATIONAL CO., LTD B Ordinary Common, par 10 Norwegian Common bearer, par Greek drachmas ¥ 50 par common ERGO BANK, S.A. STORLI ASA ASAHI DIAMOND INDUSTRIAL CO., LTD. Common registered, par Greek A Ordinary Common, par 10 Norwegian ¥ 50 par common ETHNIKI GENERAL INSURANCE CO., S.A. COSMO SECURITIES CO., LTD. South Africa Common registered, par Greek ¥ 50 par common KLOOF GOLD MINING COMPANY LIMITED GOODYS, S.A. DAIICHI CORP. Ordinary shares, par 0.25 South Common bearer, par Greek drachmas ¥ 50 par common HALKOR, S.A. DAIKEN CORP. Spain Common bearer, par Greek drachmas ¥ 50 par common SOCIEDAD ESPANOLA DE CARBUROS HELLAS CAN-PACKAGING GREEN CROSS CORPORATION Bearer shares, par 1000 pesetas MANUFACTURERS, ¥ 50 par common United Kingdom Common, par Greek drachmas 300 HEIWADO CO., LTD. HELLENIC BOTTLING CO., S.A. ¥ 50 par common ALLIED COLLOIDS GROUP PLC Common bearer, par Greek drachmas HOKKAIDO BANK, LTD. Ordinary shares, par 10 p HELLENIC SUGAR INDUSTRY, S.A. ¥ 50 par common BURTON GROUP PLC, THE Common bearer, par Greek drachmas HOKKOKU BANK, LTD. Ordinary shares, par 10 p HELLENIC TELECOM ORGANIZATION, S.A. ¥ 50 par common KWIK SAVE GROUP PLC Common registered, par Greek IZUMI CO., LTD. Ordinary shares, par 10 p HERACLES GENERAL CEMENT CO. ¥ 50 par common REUTERS HOLDINGS PLC Common registered, par Greek KANKAKU SECURITIES CO., LTD. B Ordinary, par 2.5 p INTRACOM, S.A. ¥ 50 par common T & N PLC Preference registered, par Greek KAYABA INDUSTRY CO., LTD. Ordinary shares, par L1 INTRACOM, S.A. ¥ 50 par common VENDOME LUXURY GROUP PLC Common registered, par Greek KENWOOD CORP. Ordinary shares, par 10 p INTRASOFT, S.A. 23200 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

Common registered, par Greek Ordinary, par ESC 1,000 The incorporation by reference of IONIAN & POPULAR BANK OF GREECE, SONAE INDUSTRIA, S.A. certain publications listed in the Common registered, par Greek Ordinary, par ESC 1,000 regulations is approved by the Director MICHANIKI, S.A. SONAE INVESTIMENTOS (SOCIETE) of the Federal Register as of June 14, Ordinary, par ESC 1,000 Common registered, par Greek 1998. MICHANIKI, S.A. TELECEL COMMUNICACOES PESSOAIS Preference registered, par Greek Ordinary, par ESC 1,000 ADDRESSES: Service information that MYTILINEOS HOLDINGS, S.A. Singapore applies to this AD may be obtained from Common bearer, par Greek drachmas Diamond Aircraft Industries, G.m.b.H., N.I.B.I.D. (NATIONAL INVESTMENT BANK INCHCAPE MOTORS, LTD. N.A. Otto-Strabe 5, A–2700, Wiener Ordinary shares, par S$.50 Common registered, par Greek Neustadt, Austria. This information may N.I.B.I.D. (NATIONAL INVESTMENT BANK South Africa also be examined at the Federal Preference registered, par Greek GOLD FIELDS, LIMITED Aviation Administration (FAA), Central NATIONAL BANK OF GREECE Ordinary shares, par .01 South Region, Office of the Regional Counsel, Common registered, par Greek NATIONAL MORTGAGE BANK, S.A. United Kingdom Attention: Rules Docket No. 97–CE– Common registered, par Greek DEBENHAMS PLC 132–AD, Room 1558, 601 E. 12th Street, PAPASTRATOS CIGARETTE CO., S.A. Ordinary shares, par 10 p Kansas City, Missouri 64106; or at the Common, par Greek drachmas 200 REUTERS GROUP PLC Office of the Federal Register, 800 North SILVER & BARYTE ORES MINING CO., Ordinary shares, par 25 p Capitol Street, NW, suite 700, Common bearer, par Greek drachmas By order of the Board of Governors of the Washington, DC. TITAN CEMENT CO. Federal Reserve System, acting by its Director FOR FURTHER INFORMATION CONTACT: Mr. Preference registered, par Greek of the Division of Banking Supervision and Mike Kiesov, Aerospace Engineer, Small TITAN CEMENT CO. Regulation pursuant to delegated authority Common registered, par Greek (12 CFR 265.7(f)(10)), April 22, 1998. Airplane Directorate, Aircraft Certification Service, FAA, 1201 Italy William W. Wiles, Walnut, suite 900, Kansas City, Missouri BANCA DI ROMA, SPA Secretary of the Board. 64106; telephone: (816) 426–6934; Ordinary shares, par 500 lira [FR Doc. 98–11221 Filed 4–27–98; 8:45 am] facsimile: (816) 426–2169. Mexico BILLING CODE 6210±01±P SUPPLEMENTARY INFORMATION: GRUPO MODELO S.A. Class C, no par common Events Leading to the Issuance of This TELEVISION AZTECA S.A. (CPO) DEPARTMENT OF TRANSPORTATION AD No par common A proposal to amend part 39 of the TUBOS DE ACERO MEXICO S.A. Federal Aviation Administration No par common Federal Aviation Regulations (14 CFR 14 CFR Part 39 part 39) to include an AD that would Norway apply to certain Diamond Models HK 36 ODFJELL ASA [Docket No. 97±CE±132±AD; Amendment TTS and HK 36 TTC sailplanes that are B Ordinary shares, par 10 Norwegian 39±10495; AD 98±09±14] equipped with Bombardier ROTAX ODFJELL ASA (ROTAX) 914 F series engines, serial A Ordinary shares, par 10 Norwegian RIN 2120±AA64 numbers 4,420.011 through 4,420.058, Portugal Airworthiness Directives; Diamond was published in the Federal Register BANCO ESPINTO SANTO E COMERCIAL Aircraft Industries Models HK 36 TTS as a notice of proposed rulemaking DE and HK 36 TTC Sailplanes (NPRM) on February 11, 1998 (63 FR Registered, par ESC 1,000 6882). The NPRM proposed to require BANCO MELLO, S.A. AGENCY: Federal Aviation inspecting the banjo bolt for a valve Registered, par ESC 1,000 Administration, DOT. BANCO TOTTA & ACORES, S.A. seat. If the banjo bolt does not have a ACTION: Final rule. Registered, par ESC 1,000 valve seat, this AD will require BCP (BANCO COMERCIAL PORTUGUES) replacing the banjo bolt, and repairing SUMMARY: This amendment adopts a Registered, par ESC 1,000 or replacing the turbocharger. BPI–SGPS (BANCO PORTUGEUES DE) new airworthiness directive (AD) that Accomplishment of the proposed Registered, par ESC 1,000 applies to certain Diamond Aircraft installation will be in accordance with BRISA (AUTO-ESTRADAS DE PORTUGAL) Industries (Diamond) Models HK 36 Bombardier ROTAX Technical Bulletin Registered, par ESC 1,000 TTS and HK 36 TTC sailplanes. This AD No. 914–04, dated August, 1997. CIMPOR (CIMENTOS DE PORTUGAL) requires inspecting the engine The NPRM was the result of Registered, par ESC 1,000 turbocharger oil-pressure line for the mandatory continuing airworthiness COMPANHIA DE SEGUROS correct banjo bolt. The correct banjo bolt TRANQUILIDADE information (MCAI) issued by the will have a valve seat, instead of a built- airworthiness authority for Austria. Registered, par ESC 1,000 in orifice. If the banjo bolt does not have CREDITO PREDIAL PORTUGUESE, S.A. Interested persons have been afforded Registered, par ESC 1,000 a valve seat, then this action will require an opportunity to participate in the EDP (ELECTRICIDADE DE PORTUGAL), replacing the banjo bolt with one that making of this amendment. No Registered, par ESC 1,000 has a valve seat, and repairing or comments were received on the INPARSA (Industrial Participacoes) replacing the turbocharger. This AD is proposed rule or the FAA’s Ordinary, par ESC 1,000 the result of mandatory continuing determination of the cost to the public. JERONIMO MARTINS airworthiness information (MCAI) (ESTABELECIMENTOS) issued by the airworthiness authority for The FAA’s Determination Ordinary, par ESC 1,000 Austria. The actions specified by this After careful review of all available PORTUCEI INDUSTRIAL, S.A. AD are intended to prevent possible loss Registered, par ESC 1,000 information related to the subject PORTUGAL TELECOM, S.A. of engine power, which could result in presented above, the FAA has Registered, par ESC 1,000 possible loss of control of the sailplane. determined that air safety and the SEMAPA, S.A. DATES: Effective June 14, 1998. public interest require the adoption of Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23201 the rule as proposed except for minor § 39.13 [Amended] (e) Questions or technical information editorial corrections. The FAA has 2. Section 39.13 is amended by related to Bombardier ROTAX Technical determined that these minor corrections adding a new airworthiness directive Bulletin No. 914–04, dated August 1997, will not change the meaning of the AD (AD) to read as follows: should be directed to Diamond Aircraft and will not add any additional burden Industries, G.m.b.H., N.A. Otto-Strabe 5, A– 98–09–14 Diamond Aircraft Industries: 2700, Wiener Neustadt, Austria. This service upon the public than was already Amendment 39–10495; Docket No. 97– information may be examined at the FAA, proposed. CE–132–AD. Central Region, Office of the Regional Cost Impact Applicability: Model HK 36 TTS and HK Counsel, Room 1558, 601 E. 12th Street, 36 TTC sailplanes, all serial numbers, Kansas City, Missouri 64106. The FAA estimates that 4 sailplanes certificated in any category, that are (f) The inspection and replacement in the U.S. registry will be affected by equipped with Bombardier ROTAX 914 F required by this AD shall be done in this AD, that it will take approximately series engines, serial numbers 4,420.011 accordance with Bombardier ROTAX 1 workhour per sailplane to accomplish through 4,420.058. Technical Bulletin No. 914–04, dated August, this inspection, and that the average Note 1: This AD applies to each sailplane 1997. This incorporation by reference was labor rate is approximately $60 an hour. identified in the preceding applicability approved by the Director of the Federal Based on these figures, the total cost provision, regardless of whether it has been Register in accordance with 5 U.S.C. 552(a) impact of this AD on U.S. operators is modified, altered, or repaired in the area and 1 CFR part 51. Copies may be obtained subject to the requirements of this AD. For from Diamond Aircraft Industries, G.m.b.H., estimated to be $240 or $60 per sailplanes that have been modified, altered, N.A. Otto-Strabe 5, A–2700, Wiener sailplane. or repaired so that the performance of the Neustadt, Austria. Copies may be inspected Regulatory Impact requirements of this AD is affected, the at the FAA, Central Region, Office of the owner/operator must request approval for an Regional Counsel, Room 1558, 601 E. 12th The regulations adopted herein will alternative method of compliance in Street, Kansas City, Missouri, or at the Office not have substantial direct effects on the accordance with paragraph (d) of this AD. of the Federal Register, 800 North Capitol States, on the relationship between the The request should include an assessment of Street, NW, suite 700, Washington, DC. national government and the States, or the effect of the modification, alteration, or Note 4: The subject of this AD is addressed on the distribution of power and repair on the unsafe condition addressed by in Austrian AD No. 90, undated. responsibilities among the various this AD; and, if the unsafe condition has not been eliminated, the request should include (g) This amendment becomes effective on levels of government. Therefore, in specific proposed actions to address it. June 14, 1998. accordance with Executive Order 12612, Compliance: Required within the next 10 Issued in Kansas City, Missouri, on April it is determined that this final rule does hours time-in-service (TIS) after the effective 17, 1998. not have sufficient federalism date of this AD, unless already accomplished. James A. Jackson, implications to warrant the preparation To prevent possible loss of engine power, Acting Manager, Small Airplane Directorate, of a Federalism Assessment. which could result in possible loss of control Aircraft Certification Service. For the reasons discussed above, I of the sailplane, accomplish the following: [FR Doc. 98–11008 Filed 4–27–98; 8:45 am] certify that this action (1) is not a (a) Inspect the Bombardier ROTAX BILLING CODE 4910±13±U ‘‘significant regulatory action’’ under engine’s turbocharger oil-pressure line for a Executive Order 12866; (2) is not a banjo bolt with a valve seat, part number (P/N) 941 782 (or an FAA-approved ‘‘significant rule’’ under DOT equivalent part number), in accordance with DEPARTMENT OF TRANSPORTATION Regulatory Policies and Procedures (44 the Instructions section of Bombardier FR 11034, February 26, 1979); and (3) ROTAX Technical Bulletin No. 914–04, Federal Aviation Administration will not have a significant economic dated August, 1997. impact, positive or negative, on a Note 2: An incorrect banjo bolt would have 14 CFR Part 39 substantial number of small entities a built-in orifice, instead of a valve seat. [Docket No. 97±CE±104±AD; Amendment under the criteria of the Regulatory (b) If an incorrect banjo bolt is installed, 39±10494; AD 98±09±13] Flexibility Act. A copy of the final prior to further flight, replace the banjo bolt evaluation prepared for this action is with one that has P/N 941 782 (or an FAA- RIN 2120±AA64 contained in the Rules Docket. A copy approved equivalent part number), and repair Airworthiness Directives; Alexander of it may be obtained by contacting the or replace the turbocharger in accordance Rules Docket at the location provided with the Instructions section of Bombardier Schleicher Segelflugzeugbau Model ROTAX Technical Bulletin No. 914–04, ASK 21 Sailplanes under the caption ADDRESSES. dated August, 1997. List of Subjects in 14 CFR Part 39 (c) Special flight permits may be issued in AGENCY: Federal Aviation accordance with sections 21.197 and 21.199 Administration, DOT. Air transportation, Aircraft, Aviation of the Federal Aviation Regulations (14 CFR ACTION: Final rule. safety, Incorporation by reference, 21.197 and 21.199) to operate the sailplane Safety. to a location where the requirements of this SUMMARY: This amendment adopts a AD can be accomplished. Adoption of the Amendment (d) An alternative method of compliance or new airworthiness directive (AD) that applies to certain Alexander Schleicher Accordingly, pursuant to the adjustment of the compliance time that Segelflugzeugbau (Alexander authority delegated to me by the provides an equivalent level of safety may be Schleicher) Model ASK 21 sailplanes. Administrator, the Federal Aviation approved by the Manager, Small Airplane Directorate, FAA, 1201 Walnut, suite 900, Administration amends part 39 of the This AD requires inspecting the S- Kansas City, Missouri 64106. The request shaped rudder pedal tube for Federal Aviation Regulations (14 CFR shall be forwarded through an appropriate part 39) as follows: displacement, and correcting any FAA Maintenance Inspector, who may add displacement of the plastic tube. This comments and then send it to the Manager, PART 39ÐAIRWORTHINESS Small Airplane Directorate. AD is the result of mandatory continuing airworthiness information DIRECTIVES Note 3: Information concerning the (MCAI) issued by the airworthiness 1. The authority citation for part 39 existence of approved alternative methods of compliance with this AD, if any, may be authority for Germany. The actions continues to read as follows: obtained from the Small Airplane specified by this AD are intended to Authority: 49 U.S.C. 106(g), 40113, 44701. Directorate. prevent rudder control jamming, which 23202 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations could result in loss of directional The FAA’s Determination Executive Order 12866; (2) is not a control of the sailplane. After careful review of all available ‘‘significant rule’’ under DOT DATES: Effective June 14, 1998. information related to the subject Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) The incorporation by reference of presented above, the FAA has determined that air safety and the will not have a significant economic certain publications listed in the impact, positive or negative, on a regulations is approved by the Director public interest require the adoption of the rule as proposed except for minor substantial number of small entities of the Federal Register as of June 14, under the criteria of the Regulatory 1998. editorial corrections. The FAA has determined that these minor corrections Flexibility Act. A copy of the final ADDRESSES: Service information that will not change the meaning of the AD evaluation prepared for this action is applies to this AD may be obtained from and will not add any additional burden contained in the Rules Docket. A copy Alexander Schleicher, upon the public than was already of it may be obtained by contacting the Segelflugzeugbau, 6416 Poppenhausen, proposed. Rules Docket at the location provided Wasserkuppe, Federal Republic of under the caption ADDRESSES. Germany; telephone: 49.6658.890 or Compliance Time of This AD List of Subjects in 14 CFR Part 39 49.6658.8920; facsimile: 49.6658.8923 This action, the German AD, and or 49.6658.8940. This information may Alexander Schleicher Technical Note Air transportation, Aircraft, Aviation also be examined at the Federal No. 20, dated October 16, 1987, differ on safety, Incorporation by reference, Aviation Administration (FAA), Central compliance time. The German AD and Safety. Region, Office of the Regional Counsel, the technical note require that the Adoption of the Amendment Attention: Rules Docket No. 97–CE– inspection for displacement of the 104–AD, Room 1558, 601 E. 12th Street, plastic tube be accomplished prior to Accordingly, pursuant to the Kansas City, Missouri 64106; or at the further flight. authority delegated to me by the Office of the Federal Register, 800 North The FAA is requiring a calendar Administrator, the Federal Aviation Capitol Street, NW, suite 700, compliance time instead of hours time- Administration amends part 39 of the Washington, DC. in-service (TIS) because the average Federal Aviation Regulations (14 CFR monthly usage of the affected sailplanes part 39) as follows: FOR FURTHER INFORMATION CONTACT: Mr. varies throughout the fleet. For example, J. Mike Kiesov, Project Officer, one owner may operate the sailplane 25 PART 39ÐAIRWORTHINESS Sailplanes/Gliders, Small Airplane hours TIS in one week, while another DIRECTIVES Directorate, Aircraft Certification operator may operate the sailplane 25 1. The authority citation for part 39 Service, FAA, 1201 Walnut, suite 900, hours TIS in one year. In order to ensure continues to read as follows: Kansas City, Missouri 64106; telephone: that all of the affected sailplanes have (816) 426–6934; facsimile: (816) 426– been inspected for displacement of the Authority: 49 U.S.C. 106(g), 40113, 44701. 2169. plastic S-shaped rudder tube and any § 39.13 [Amended] SUPPLEMENTARY INFORMATION: displacement has been corrected within a reasonable amount of time, the FAA 2. Section 39.13 is amended by Events Leading to the Issuance of This is requiring a compliance time of 6 adding a new airworthiness directive AD calendar months. (AD) to read as follows: 98–09–13 Alexander Schleicher A proposal to amend part 39 of the Cost Impact Federal Aviation Regulations (14 CFR Segelflugzeugbau: Amendment 39– part 39) to include an AD that would The FAA estimates that 30 sailplanes 10494; Docket No. 97–CE–104–AD. apply to certain Alexander Schleicher in the U.S. registry will be affected by Applicability: Model ASK 21 sailplanes, Model ASK 21 sailplanes was published this AD, that it will take approximately serial numbers 21001 through 21345, in the Federal Register as a notice of 2 workhours per sailplane to certificated in any category. proposed rulemaking (NPRM) on accomplish this action, and that the Note 1: This AD applies to each sailplane February 12, 1998 (63 FR 7082) . The average labor rate is approximately $60 identified in the preceding applicability an hour. Parts cost approximately $5 provision, regardless of whether it has been NPRM proposed to require inspecting modified, altered, or repaired in the area the plastic S-shaped rudder pedal tube (for glue) per sailplane. Based on these figures, the total cost impact of this AD subject to the requirements of this AD. For for displacement. If the rudder tube is sailplanes that have been modified, altered, displaced, the proposed action would on U.S. operators is estimated to be or repaired so that the performance of the require correcting the placement of the $3,750, or $125 per sailplane. requirements of this AD is affected, the plastic S-shaped rudder pedal tube. Regulatory Impact owner/operator must request approval for an Accomplishment of the proposed alternative method of compliance in The regulations adopted herein will accordance with paragraph (d) of this AD. inspection would be in accordance with not have substantial direct effects on the the Action sections 1.1, 1.2, and 1.3 of The request should include an assessment of States, on the relationship between the the effect of the modification, alteration, or Alexander Schleicher Technical Note national government and the States, or repair on the unsafe condition addressed by No. 20, dated October 16, 1987. on the distribution of power and this AD; and, if the unsafe condition has not The NPRM was the result of responsibilities among the various been eliminated, the request should include mandatory continuing airworthiness levels of government. Therefore, in specific proposed actions to address it. information (MCAI) issued by the accordance with Executive Order 12612, Compliance: Required within the next 6 airworthiness authority for Germany. it is determined that this final rule does calendar months after the effective date of Interested persons have been afforded this AD, unless already accomplished. not have sufficient federalism To prevent rudder control jamming, which an opportunity to participate in the implications to warrant the preparation could result in loss of directional control of making of this amendment. No of a Federalism Assessment. the sailplane, accomplish the following: comments were received on the For the reasons discussed above, I (a) Inspect the plastic S-shaped rudder proposed rule or the FAA’s certify that this action (1) is not a pedal tube for displacement in accordance determination of the cost to the public. ‘‘significant regulatory action’’ under with the Actions sections 1.1, 1.2, and 1.3 of Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23203

Alexander Schleicher Technical Note No. 20, DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: dated October 16, 1987. Events Leading to the Issuance of This (b) If there is any displacement of the Federal Aviation Administration plastic S-shaped rudder pedal tube, prior to AD further flight, correct the placement in 14 CFR Part 39 A proposal to amend part 39 of the accordance with the Actions sections 1.1, 1.2, Federal Aviation Regulations (14 CFR and 1.3 of Alexander Schleicher Technical [Docket No. 97±CE±68±AD; Amendment 39± part 39) to include an AD that would 10493; AD 98±09±12] Note No. 20, dated October 16, 1987. apply to certain Raytheon Model 1900D (c) Special flight permits may be issued in RIN 2120±AA64 airplanes was published in the Federal accordance with sections 21.197 and 21.199 Register as a notice of proposed of the Federal Aviation Regulations (14 CFR rulemaking (NPRM) on January 22, 1998 21.197 and 21.199) to operate the sailplane Airworthiness Directives; Raytheon (63 FR 3278). The NPRM proposed to to a location where the requirements of this Aircraft Company Model 1900D AD can be accomplished. Airplanes require inspecting and repairing the (d) An alternative method of compliance or radio switching panel relay printed AGENCY: Federal Aviation circuit board (PCB) and the nose adjustment of the compliance time that Administration, DOT. provides an equivalent level of safety may be avionics wire harnesses, and replacing approved by the Manager, Small Airplane ACTION: Final rule. the existing A017 component PCB with Directorate, Aircraft Certification Service, a new A017 component PCB that has SUMMARY: 1201 Walnut, suite 900, Kansas City, This amendment adopts a internal overcurrent protection fuses. Missouri 64106. The request shall be new airworthiness directive (AD) that Accomplishment of the proposed action forwarded through an appropriate FAA applies to certain Raytheon Aircraft as specified in the NPRM would be in Maintenance Inspector, who may add Company (Raytheon) Model 1900D accordance with Raytheon Service comments and then send it to the Manager, airplanes (formerly known as Beech Bulletin No. 2643, dated August, 1996. Small Airplane Directorate. Aircraft Corporation Model 1900D The NPRM was the result of several Note 2: Information concerning the airplanes). This AD requires inspecting reported incidents of lost pilot/co-pilot existence of approved alternative methods of and repairing the radio switching panel intercom ability, VHF communication compliance with this AD, if any, may be relay printed circuit board (PCB) and ability, and public address system obtained from the Small Airplane the nose avionics wire harnesses, and ability while in flight. Directorate. replacing the existing A017 component Interested persons have been afforded (e) Questions or technical information PCB with a new A017 component PCB an opportunity to participate in the related to Alexander Schleicher Technical that has internal overcurrent protection making of this amendment. Due Note No. 20, dated October 16, 1987, should fuses. Several reported incidents of lost consideration has been given to the be directed to Alexander Schleicher, use of the pilot/co-pilot intercom following comment. system, VHF communication system, Segelflugzeugbau, 6416 Poppenhausen, The commenter agrees with the Wasserkuppe, Federal Republic of Germany; and public address system while in proposed action, but states the telephone: 49.6658.890 or 49.6658.8920; flight prompted this action. The actions differences in frequency of flying time facsimile: 49.6658.8923 or 49.6658.8940. specified by this AD are intended to of the affected airplanes needs to be This service information may be examined at prevent the loss of the pilot and co-pilot taken into account when computing the the FAA, Central Region, Office of the intercom, VHF communications, and compliance time. Some of the airplanes Regional Counsel, Room 1558, 601 E. 12th passenger address system, which could may fly as much as 60 hours per week, Street, Kansas City, Missouri 64106. result in loss of all communication while others may only fly 3 hours per (f) The inspection and correction required during critical phases of flight. by this AD shall be done in accordance with week. A compliance time of 1,000 hours Alexander Schleicher Technical Note No. 20, DATES: Effective June 12, 1998. after the effective date of the AD could, dated October 16, 1987. This incorporation The incorporation by reference of in some cases, not require the operator by reference was approved by the Director of certain publications listed in the to comply with the AD for over 2 years. the Federal Register in accordance with 5 regulations is approved by the Director The commenter suggests that a calendar U.S.C. 552(a) and 1 CFR part 51. Copies may of the Federal Register as of June 12, compliance be added to the compliance be obtained from Alexander Schleicher, 1998. time to assure that all operators have Segelflugzeugbau, 6416 Poppenhausen, ADDRESSES: Service information that accomplished the proposed action Wasserkuppe, Federal Republic of Germany. applies to this AD may be obtained from within a reasonable amount of time. Copies may be inspected at the FAA, Central Raytheon Aircraft Company, P. O. Box The FAA partially concurs. Since the Region, Office of the Regional Counsel, Room 85, Wichita, Kansas 67201–0085; proposed action is the result of moisture 1558, 601 E. 12th Street, Kansas City, telephone: (800) 625–7043. This Missouri, or at the Office of the Federal and corrosion, the electrical parts information may also be examined at affected could corrode regardless of Register, 800 North Capitol Street, NW, suite the Federal Aviation Administration 700, Washington, DC. whether the airplane is in service. The (FAA), Central Region, Office of the final rule will reflect a change in the Note 3: The subject of this AD is addressed Regional Counsel, Attention: Rules compliance time to assure that the in German AD No. 88–2 Schleicher, dated Docket No. 97–CE–68–AD, Room 1558, January 18, 1988. affected airplanes that have a low 601 E. 12th Street, Kansas City, Missouri number of hours in service per year will (g) This amendment becomes effective on 64106; or at the Office of the Federal be in compliance within a reasonable June 14, 1998. Register, 800 North Capitol Street, NW, amount of time. Based on this comment, Issued in Kansas City, Missouri, on April suite 700, Washington, DC. the compliance time will change from 17, 1998. FOR FURTHER INFORMATION CONTACT: Mr. ‘‘within the next 1,000 hours time-in- James A. Jackson, Harvey Nero, Aerospace Engineer, FAA, service (TIS) after the effective date’’ to Acting Manager, Small Airplane Directorate, Wichita Aircraft Certification Office, ‘‘within the next 1,000 hours TIS or Aircraft Certification Service. Room 100, 1801 Airport Rd., Wichita, within the next 180 days after the [FR Doc. 98–11006 Filed 4–27–98; 8:45 am] Kansas 67209; telephone: (316) 946– effective date of this AD, whichever BILLING CODE 4910±13±U 4137; facsimile: (316) 946–4407. occurs first.’’ 23204 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

The FAA’s Determination Rules Docket at the location provided Instructions in Raytheon SB No. 2643, dated under the caption ADDRESSES. August, 1996. After careful review of all available (2) If corrosion is found, prior to further information related to the subject List of Subjects in 14 CFR Part 39 flight, either clean or replace the component, presented above, the FAA has Air transportation, Aircraft, Aviation as defined in and in accordance with the determined that air safety and the safety, Incorporation by reference, Accomplishment Instructions in Raytheon public interest require the adoption of Safety. SB No. 2643, dated August, 1996. the rule as proposed except for a change (3) If moisture or corrosion is found, prior to the compliance time and minor Adoption of the Amendment to further flight, locate and eliminate the editorial corrections. The FAA has Accordingly, pursuant to the source (i.e., crack, hole, leak) in accordance determined that the change in authority delegated to me by the with the Accomplishment Instructions in Raytheon SB No. 2643, dated August, 1996. compliance time and these minor Administrator, the Federal Aviation (b) Inspect the nose avionics wire corrections will not change the meaning Administration amends part 39 of the of the AD and will not add any harnesses for proper installation, and if any Federal Aviation Regulations (14 CFR wire harness is not installed properly, prior additional burden upon the public than part 39) as follows: was already proposed. to further flight, secure it with cable ties in accordance with the Accomplishment PART 39ÐAIRWORTHINESS Cost Impact Instructions in Raytheon SB No. 2643, dated DIRECTIVES August, 1996. The FAA estimates that 160 airplanes (c) Remove the A017 component PCB, part in the U.S. registry will be affected by 1. The authority citation for part 39 continues to read as follows: number (P/N) 101–342536–1, and replace the this AD, that it will take approximately PCB with a new A017 component PCB (P/N 4 workhours per airplane to accomplish Authority: 49 U.S.C. 106(g), 40113, 44701. 101–342536–5 or an FAA-approved this action, and that the average labor equivalent part number) in accordance with § 39.13 [Amended] rate is approximately $60 an hour. Parts the Accomplishment Instructions in cost approximately $370 per airplane. 2. Section 39.13 is amended by Raytheon SB No. 2643, dated August, 1996. Based on these figures, the total cost adding a new airworthiness directive (d) Special flight permits may be issued in impact of this AD on U.S. operators is (AD) to read as follows: accordance with sections 21.197 and 21.199 estimated to be $97,600 or $610 per 98–09–12 Raytheon Aircraft Company of the Federal Aviation Regulations (14 CFR airplane. (Type Certificate No. A24CE formerly 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD Raytheon has informed the FAA that held by the Beech Aircraft Corporation): Amendment 39–10493; Docket No. 97– can be accomplished. it has shipped approximately 127 A017 CE–68–AD. (e) An alternative method of compliance or component PCB’s to the owners/ Applicability: Model 1900D airplanes, adjustment of the compliance time that operators of the affected airplanes. With serial numbers UE–1 through UE–160, provides an equivalent level of safety may be this information in mind, the FAA will certificated in any category. approved by the Manager, Wichita Aircraft presume that 127 of the airplanes Note 1: This AD applies to each airplane Certification Office (ACO), Room 100, 1801 already have replacement components identified in the preceding applicability Airport Rd., Wichita, Kansas 67209. The installed; thereby reducing the total cost provision, regardless of whether it has been request shall be forwarded through an impact of this AD on U.S. operators by modified, altered, or repaired in the area appropriate FAA Maintenance Inspector, $77,470, from $97,600 to $20,130. subject to the requirements of this AD. For who may add comments and then send it to airplanes that have been modified, altered, or the Manager, Wichita ACO. Regulatory Impact repaired so that the performance of the Note 2: Information concerning the The regulations adopted herein will requirements of this AD is affected, the existence of approved alternative methods of not have substantial direct effects on the owner/operator must request approval for an compliance with this AD, if any, may be alternative method of compliance in States, on the relationship between the obtained from the Wichita ACO. accordance with paragraph (e) of this AD. (f) The inspections, modifications, and national government and the States, or The request should include an assessment of replacements required by this AD shall be on the distribution of power and the effect of the modification, alteration, or done in accordance with Raytheon Aircraft responsibilities among the various repair on the unsafe condition addressed by Mandatory Service Bulletin 1900D No. 2643, levels of government. Therefore, in this AD; and, if the unsafe condition has not accordance with Executive Order 12612, been eliminated, the request should include dated August, 1996. This incorporation by specific proposed actions to address it. reference was approved by the Director of the it is determined that this final rule does Federal Register in accordance with 5 U.S.C. Compliance: Required within the next not have sufficient federalism 552(a) and 1 CFR part 51. Copies may be 1,000 hours time-in-service (TIS) or within implications to warrant the preparation obtained from Raytheon Aircraft Company, the next 180 days after the effective date of of a Federalism Assessment. P. O. Box 85, Wichita, Kansas 67201–0085. this AD, whichever occurs first, unless For the reasons discussed above, I Copies may be inspected at the FAA, Central already accomplished. certify that this action (1) is not a To prevent the loss of the pilot and co-pilot Region, Office of the Regional Counsel, Room ‘‘significant regulatory action’’ under intercom, VHF communications, and 1558, 601 E. 12th Street, Kansas City, Executive Order 12866; (2) is not a passenger address system, which could result Missouri, or at the Office of the Federal ‘‘significant rule’’ under DOT in loss of all communication during critical Register, 800 North Capitol Street, NW, suite Regulatory Policies and Procedures (44 phases of flight, accomplish the following: 700, Washington, DC. FR 11034, February 26, 1979); and (3) (a) Inspect the electrical connectors, the (g) This amendment becomes effective on will not have a significant economic radio switching panel, and its relay printed June 12, 1998. impact, positive or negative, on a circuit boards (PCB’s) for moisture and Issued in Kansas City, Missouri, on April substantial number of small entities corrosion in accordance with the 20, 1998. Accomplishment Instructions in Raytheon Marvin R. Nuss, under the criteria of the Regulatory Service Bulletin (SB) No. 2643, dated August, Flexibility Act. A copy of the final 1996. Acting Manager, Small Airplane Directorate, evaluation prepared for this action is (1) If moisture is found, prior to further Aircraft Certification Service. contained in the Rules Docket. A copy flight, clean and dry the component in [FR Doc. 98–11014 Filed 4–27–98; 8:45 am] of it may be obtained by contacting the accordance with the Accomplishment BILLING CODE 4910±13±U Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23205

DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: corrections will not change the meaning Events Leading to the Issuance of This of the AD and will not add any Federal Aviation Administration AD additional burden upon the public than was already proposed. 14 CFR Part 39 A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR Cost Impact [Docket No. 97±CE±48±AD; Amendment 39± part 39) to include an AD that would The FAA estimates that 1,700 10506; AD 98±09±25] apply to certain Piper Models PA–31, airplanes in the U.S. registry will be PA–31–300, PA–31–325, and PA–31– affected by this AD, that it will take 350 airplanes was published in the approximately 8 workhours per airplane RIN 2120±AA64 Federal Register as a notice of proposed to accomplish this replacement, and rulemaking (NPRM) on August 22, 1997 Airworthiness Directives; The New that the average labor rate is (62 FR 44597). The NPRM proposed to Piper Aircraft, Inc. Models PA±31, PA± approximately $60 an hour. Parts cost require replacing the lower spar splice approximately $210 per airplane. Based 31±300, PA±31±325, and PA±31±350 plate and reworking the lower spar caps. Airplanes on these figures, the total cost impact of Accomplishment of the proposed action this AD on U.S. operators is estimated as specified in the NPRM would be to be $1,173,000, or $690 per airplane. AGENCY: Federal Aviation required in accordance with Piper Main Administration, DOT. Piper has informed the FAA that, as Spar Splice Plate Replacement (Lower) of August 22, 1997 (the publication date ACTION: Final rule. Kit No. 766–641, Drawing 88255, of the NPRM), parts have been Revision A, dated May 12, 1997; or distributed to equip 1 affected airplane. SUMMARY: This amendment adopts a Piper Main Spar Splice Plate Presuming that this set of parts is new airworthiness directive (AD) that Replacement (Lower) Kit No. 766–640, installed on an affected airplane, the applies to certain The New Piper Drawing 88254, Revision A, dated May cost impact of this AD will be reduced Aircraft, Inc. (Piper) Models PA–31, 12, 1997. by $690, from $1,173,000 to $1,172,310. The NPRM was the result of PA–31–300, PA–31–325, and PA–31– numerous reports of fretting and Regulatory Impact 350 airplanes. This AD requires cracking of the lower spar splice plates The regulations adopted herein will replacing the lower spar splice plate and on Piper PA–31 series airplanes in reworking the lower spar caps. This AD not have substantial direct effects on the Australia, and a report of one incident States, on the relationship between the results from numerous reports of fretting in the United States. and cracking of the lower spar splice national government and the States, or Interested persons have been afforded on the distribution of power and plates on Piper PA–31 series airplanes an opportunity to participate in the in Australia, and a report of one responsibilities among the various making of this amendment. No levels of government. Therefore, in incident in the United States. The comments were received on the accordance with Executive Order 12612, actions specified by this AD are proposed rule or the FAA’s it is determined that this final rule does intended to prevent failure of the lower determination of the cost to the public. not have sufficient federalism spar splice plate caused by fretting and The FAA has received data from the implications to warrant the preparation cracking, which could result in loss of Australian Civil Aviation Safety of a Federalism Assessment. control of the airplane. Authority (CASA), which was based on For the reasons discussed above, I DATES: Effective June 15, 1998. the analysis of 34 airplanes. This data certify that this action (1) is not a shows the lower spar splice plate ‘‘significant regulatory action’’ under The incorporation by reference of replacement threshold as the following: certain publications listed in the Executive Order 12866; (2) is not a —6,000 hours time-in-service (TIS) for ‘‘significant rule’’ under DOT regulations is approved by the Director Models PA–31, PA–31–300, and PA– of the Federal Register as of June 15, Regulatory Policies and Procedures (44 31–325 airplanes; and FR 11034, February 26, 1979); and (3) 1998. —13,000 hours TIS for Model PA–31– will not have a significant economic ADDRESSES: Service information that 350 airplanes impact, positive or negative, on a applies to this AD may be obtained from The lower spar splice plate substantial number of small entities The New Piper Aircraft, Inc., Customer replacement threshold was presented as under the criteria of the Regulatory Services, 2926 Piper Drive, Vero Beach, 2,500 hours TIS in the NPRM. The FAA Flexibility Act. A copy of the final Florida 32960. This information may conducted statistical analysis on this evaluation prepared for this action is also be examined at the Federal data received from the Australian contained in the Rules Docket. A copy Aviation Administration (FAA), Central CASA. This analysis shows that the of it may be obtained by contacting the Region, Office of the Regional Counsel, thresholds presented by the Australian Rules Docket at the location provided Attention: Rules Docket No. 97–CE–48– CASA are reliable and accurate. under the caption ADDRESSES. AD, Room 1558, 601 E. 12th Street, The FAA’s Determination List of Subjects in 14 CFR Part 39 Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North After careful review of all available Air transportation, Aircraft, Aviation Capitol Street, NW, suite 700, information related to the subject safety, Incorporation by reference, Washington, DC. presented above, the FAA has Safety. determined that air safety and the FOR FURTHER INFORMATION CONTACT: Mr. public interest require the adoption of Adoption of the Amendment William O. Herderich, Aerospace the rule as proposed except for the Accordingly, pursuant to the Engineer, FAA, Atlanta Aircraft change in the compliance time (from authority delegated to me by the Certification Office, 1895 Phoenix 2,500 hours TIS to 6,000 hours TIS or Administrator, the Federal Aviation Boulevard, suite 450, Atlanta, Georgia 13,000 hours TIS, as applicable) and Administration amends part 39 of the 30349; telephone: (770) 703–6084; minor editorial corrections. The FAA Federal Aviation Regulations (14 CFR facsimile: (770) 703–6097. has determined that these minor part 39) as follows: 23206 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

PART 39ÐAIRWORTHINESS (b) Special flight permits may be issued in FOR FURTHER INFORMATION CONTACT: DIRECTIVES accordance with sections 21.197 and 21.199 Kathy Randolph, Air Traffic Division, of the Federal Aviation Regulations (14 CFR Airspace Branch, ACE–520C, Federal 1. The authority citation for part 39 21.197 and 21.199) to operate the airplane to Aviation Administration, 601 East 12th continues to read as follows: a location where the requirements of this AD can be accomplished. Street, Kansas City, Missouri 64106; Authority: 49 U.S.C. 106(g), 40113, 44701. (c) An alternative method of compliance or telephone: (816) 426–3408. adjustment of the compliance time that § 39.13 [Amended] SUPPLEMENTARY INFORMATION: The FAA provides an equivalent level of safety may be published this direct final rule with a 2. Section 39.13 is amended by approved by the Manager, Atlanta Aircraft request for comments in the Federal adding a new airworthiness directive Certification Office (ACO), 1895 Phoenix Register on February 18, 1998 (63 FR (AD) to read as follows: Boulevard, suite 450, Atlanta, Georgia 30349. The request shall be forwarded through an 8095). The FAA uses the direct final 98–09–25 The New Piper Aircraft, Inc.: appropriate FAA Maintenance Inspector, rulemaking procedure for a non- Amendment 39–10506; Docket No. 97– who may add comments and then send it to controversial rule where the FAA CE–48–AD. the Manager, Atlanta ACO. believes that there will be no adverse Applicability: The following airplane Note 2: Information concerning the public comment. This direct final rule model and serial numbers, certificated in any existence of approved alternative methods of advised the public that no adverse category: compliance with this AD, if any, may be comments were anticipated, and that obtained from the Atlanta ACO. Models Serial numbers unless a written adverse comment, or a (d) The replacements required by this AD written notice of intent to submit such PA±31, PA±31±300, 31±2 through 31± shall be done in accordance with the an adverse comment, were received and PA±31±325. 8312019. instructions to Piper Main Spar Splice Plate within the comment period, the PA±31±350 ...... 31±5001 through 31± Replacement (Lower) Kit No. 766–641, Drawing 88255, Revision A, dated May 12, regulation would become effective on 8553002. 1997; or Piper Main Spar Splice Plate June 18, 1998. No adverse comments Replacement (Lower) Kit No. 766–640, were received, and thus this document Note 1: This AD applies to each airplane Drawing 88254, Revision A, dated May 12, confirms that this direct final rule will identified in the preceding applicability 1997. This incorporation by reference was become effective on that date. provision, regardless of whether it has been approved by the Director of the Federal Issued in Kansas City, MO on March 31, modified, altered, or repaired in the area Register in accordance with 5 U.S.C. 552(a) 1998. subject to the requirements of this AD. For and 1 CFR part 51. Copies may be obtained airplanes that have been modified, altered, or from The New Piper Aircraft, Inc., 2926 Piper Christopher R. Blum, repaired so that the performance of the Drive, Vero Beach, Florida 32960. Copies Acting Manager, Air Traffic Division, Central requirements of this AD is affected, the may be inspected at the FAA, Central Region, Region. owner/operator must request approval for an Office of the Regional Counsel, Room 1558, [FR Doc. 98–11129 Filed 4–27–98; 8:45 am] alternative method of compliance in 601 E. 12th Street, Kansas City, Missouri, or BILLING CODE 4910±13±M accordance with paragraph (c) of this AD. at the Office of the Federal Register, 800 The request should include an assessment of North Capitol Street, NW, suite 700, the effect of the modification, alteration, or Washington, DC. repair on the unsafe condition addressed by (e) This amendment becomes effective on DEPARTMENT OF TRANSPORTATION this AD; and, if the unsafe condition has not June 15, 1998. been eliminated, the request should include Federal Aviation Administration Issued in Kansas City, Missouri, on April specific proposed actions to address it. 21, 1998. Compliance: Required as follows, unless 14 CFR Part 97 already accomplished: Marvin R. Nuss, 1. For the affected Models PA–31, PA–31– Acting Manager, Small Airplane Directorate, [Docket No. 29199; Amdt. No. 1865] 300, and PA–31–325 airplanes: Upon Aircraft Certification Service. accumulating 6,000 hours on the lower spar [FR Doc. 98–11161 Filed 4–27–98; 8:45 am] RIN 2120±AA65 splice plate or within the next 100 hours BILLING CODE 4910±13±U time-in-service (TIS) after the effective date of this AD, whichever occurs later; and Standard Instrument Approach 2. For the affected Model PA–31–350 Procedures; Miscellaneous DEPARTMENT OF TRANSPORTATION airplanes: Upon accumulating 13,000 hours Amendments TIS on the lower spar splice plate or within Federal Aviation Administration the next 100 hours TIS after the effective date AGENCY: Federal Aviation of this AD, whichever occurs later. 14 CFR Part 71 Administration (FAA), DOT. To prevent failure of the lower spar splice ACTION: Final rule. plate caused by fretting and cracking, which [Airspace Docket No. 98±ACE±2] could result in loss of control of the airplane, SUMMARY: This amendment establishes, accomplish the following: Amendment to Class D and Class E amends, suspends, or revokes Standard (a) Replace the lower spar splice plate and Airspace; Cape Girardeau, MO rework the lower spar caps in accordance Instrument Approach Procedure (SIAPs) with the instructions included in the AGENCY: Federal Aviation for operations at certain airports. These following kits, as applicable, and as Administration, DOT. regulatory actions are needed because of referenced in Piper Service Bulletin No. ACTION: Direct final rule; confirmation of changes occurring in the National 1003, dated June 16, 1997: effective date. Airspace System, such as the (1) Main Spar Splice Plate Replacement commissioning of new navigational (Lower) Kit No. 766–640, Drawing 88254, SUMMARY: This document confirms the facilities, addition of new obstacles, or Revision A, dated May 12, 1997, which effective date of direct final rule which changes in air traffic requirements. applies to Models PA–31, PA–31–300, and revises Class D and Class E airspace at Piper PA–31–325 airplanes; and These changes are designed to provide (2) Main Spar Splice Plate Replacement Cape Girardeau, MO. safe and efficient use of the navigable (Lower) Kit No. 766–641, Drawing 88255, DATES: The direct final rule published at airspace and to promote safe flight Revision A, dated May 12, 1997, which 63 FR 8095 is effective on 0901 UTC, operations under instrument flight rules applies to Model PA–31–350 airplanes. June 18, 1998. at the affected airports. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23207

DATES: An effective date for each SIAP publication in the Federal Register Conclusion is specified in the amendatory expensive and impractical. Further, provisions. airmen do not use the regulatory text of The FAA has determined that this Incorporation by reference-approved the SIAPs, but refer to their graphic regulation only involves an established by the Director of the Federal Register depiction of charts printed by body of technical regulations for which on December 31, 1980, and reapproved publishers of aeronautical materials. frequent and routine amendments are as of January 1, 1982. Thus, the advantages of incorporation necessary to keep them operationally current. It, therefore—(1) is not a ADDRESSES: Availability of matter by reference are realized and ‘‘significant regulatory action’’ under incorporated by reference in the publication of the complete description Executive Order 12866; (2) is not a amendment is as follows: of each SIAP contained in FAA form documents is unnecessary. The ‘‘significant rule’’ under DOT For Examination provisions of this amendment state the Regulatory Policies and Procedures (44 1. FAA Rules Docket, FAA affected CFR (and FAR) sections, with FR 11034; February 26, 1979); and (3) Headquarters Building, 800 the types and effective dates of the does not warrant preparation of a Independence Avenue, SW., SIAPs. This amendment also identifies regulatory evaluation as the anticipated Washington, DC 20591; the airport, its location, the procedure impact is so minimal. For the same 2. The FAA Regional Office of the identification and the amendment reason, the FAA certifies that this region in which affected airport is number. amendment will not have a significant located; or economic impact on a substantial The Rule 3. The Flight Inspection Area Office number of small entities under the which originated the SIAP. This amendment to part 97 of the criteria of the Regulatory Flexibility Act. For Purchase—Individual SIAP Federal Aviation Regulations (14 CFR List of Subjects in 14 CFR Part 97 copies may be obtained from: part 97) establishes, amends, suspends, 1. FAA Public Inquiry Center (APA– or revokes SIAPs. For safety and Air Traffic Control, Airports, 200), FAA Headquarters Building, 800 timeliness of change considerations, this Navigation (Air). Independence Avenue, SW., amendment incorporates only specific Issued in Washington, DC on April 17, Washington, DC 20591; or changes contained in the content of the 1998. 2. The FAA Regional Office of the following FDC/P NOTAM for each Tom E. Stuckey, region in which the affected airport is SIAP. The SIAP information in some Acting Director, Flight Standards Service. located. previously designated FDC/Temporary By Subscription—Copies of all SIAPs, (FDC/T) NOTAMs is of such duration as Adoption of the Amendment mailed once every 2 weeks, are for sale to be permanent. With conversion to Accordingly, pursuant to the by the Superintendent of Documents, FDC/P NOTAMs, the respective FDC/T authority delegated to me, part 97 of the US Government Printing Office, NOTAMs have been cancelled. Federal Aviation Regulations (14 CFR Washington, DC 20402. The FDC/P NOTAMs for the SIAPs part 97) is amended by establishing, FOR FURTHER INFORMATION CONTACT: Paul contained in this amendment are based amending, suspending, or revoking J. Best, Flight Procedures Standards on the criteria contained in the U.S. Standard Instrument Approach Branch (AFS–420), Technical Programs Standard for Terminal Instrument Procedures, effective at 0901 UTC on Division, Flight Standards Service, Approach Procedures (TERPS). In the dates specified, as follows: Federal Aviation Administration, 800 developing these chart changes to SIAPs Independence Avenue, SW., by FDC/P NOTAMs, the TERPS criteria PART 97ÐSTANDARD INSTRUMENT Washington, DC 20591; telephone (202) were applied to only these specific APPROACH PROCEDURES 267–8277. conditions existing at the affected SUPPLEMENTARY INFORMATION: This airports. All SIAP amendments in this 1. The authority citation for part 97 is amendment to part 97 of the Federal rule have been previously issued by the revised to read as follows: Aviation Regulations (14 CFR part 97) FAA in a National Flight Data Center Authority: 49 U.S.C. 40103, 40113, 40120, establishes, amends, suspends, or (FDC) Notice to Airmen (NOTAM) as an 44701; 49 U.S.C. 106(g); and 14 CFR revokes Standard Instrument Approach emergency action of immediate flight 11.49(b)(2). Procedures (SIAPs). The complete safety relating directly to published 2. Part 97 is amended to read as regulatory description on each SIAP is aeronautical charts. The circumstances follows: contained in the appropriate FAA Form which created the need for all these 8260 and the National Flight Data SIAP amendments requires making §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Center (FDC)/Permanent (P) Notices to them effective in less than 30 days. 97.35 [Amended] Airmen (NOTAM) which are Further, the SIAPs contained in this By amending: § 97.23 VOR, VOR/ incorporated by reference in the amendment are based on the criteria DME, VOR or TACAN, and VOR/DME amendment under 5 U.S.C. 552(a), 1 contained in the TERPS. Because of the or TACAN; § 97.25 LOC, LOC/DME, CFR part 51, and § 97.20 of the Federal close and immediate relationship LDA, LDA/DME, SDF, SDF/DME; Aviations Regulations (FAR). Materials between these SIAPs and safety in air § 97.27 NDB, NDB/DME; § 97.29 ILS, incorporated by reference are available commerce, I find that notice and public ILS/DME, ISMLS, MLS, MLS/DME, for examination or purchase as stated procedure before adopting these SIAPs MLS/RNAV; § 97.31 RADAR SIAPs; above. are impracticable and contrary to the § 97.33 RNAV SIAPs; and § 97.35 The large number of SIAPs, their public interest and, where applicable, COPTER SIAPs, identified as follows: complex nature, and the need for a that good cause exists for making these special format make their verbatim SIAPs effective in less than 30 days. Effective Upon Publication 23208 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

FDC date State City Airport FDC number SIAP

04/02/98 ... MO Sikeston ...... Sikeston Memorial Muni ...... FDC 8/2065 VOR/DME OR GPS RWY 2, AMDT 1... 04/02/98 ... MO Sikeston ...... Sikeston Memorial Muni ...... FDC 8/2066 VOR RWY 20, AMDT 3A... 04/02/98 ... MO Sikeston ...... Sikeston Memorial Muni ...... FDC 8/2067 NDB RWY 20, AMDT 8... 04/02/98 ... MO Sikeston ...... Sikeston Memorial Muni ...... FDC 8/2068 GPS RWY 20, ORIG... 04/03/98 ... FL Fort Myers ...... Page Field ...... FDC 8/2083 ILS RWY 5, AMDT 6C... 04/07/98 ... AR Searcy ...... Searcy Muni ...... FDC 8/2131 GPS RWY 19, AMDT 1... 04/08/98 ... AL Selma ...... Craig Field ...... FDC 8/2167 ILS RWY 33, ORIG±D... 04/08/98 ... NY Rochester ...... Greater Rochester Intl ...... FDC 8/2158 ILS RWY 4 (CAT I AND II) AMDT 16A... 04/09/98 ... NY Albany ...... Albany County ...... FDC 8/2189 ILS RWY 1 AMDT 8A... 04/10/98 ... FL Pompano Beach ...... Pompano Beach Airpark ...... FDC 8/2204 LOC RWY 14 ORIG±A... 04/15/98 ... DC Washington ...... Washington Dulles Intl ...... FDC 8/2240 ILS RWY 12 AMDT 6A... 04/15/98 ... MD Hagerstown ...... Washington County Regional ...... FDC 8/2244 VOR OR GPS RWY 9 AMDT 6... 04/15/98 ... ME Sanford ...... Sanford Regional ...... FDC 8/2270 VOR RWY 25 AMDT 13A... 04/15/98 ... NC Monroe ...... Monroe ...... FDC 8/2248 ILS RWY 5, ORIG±A... 04/15/98 ... NJ Caldwell ...... Essex County ...... FDC 8/2243 LOC RWY 22 AMDT 1... 04/16/98 ... AR Harrison ...... Boone County ...... FDC 8/2259 NDB RWY 18, AMDT 5B... 04/16/98 ... IA Burlington ...... Burlington Regional ...... FDC 8/2269 ILS RWY 36, AMDT 9...

[FR Doc. 98–11235 Filed 4–27–98; 8:45 am] ADDRESSES: Availability of matters regulatory description of each SIAP is BILLING CODE 4910±13±M incorporated by reference in the contained in official FAA form amendment is as follows: documents which are incorporated by reference in this amendment under 5 For Examination DEPARTMENT OF TRANSPORTATION U.S.C. 552(a), 1 CFR part 51, and § 97.20 1. FAA Rules Docket, FAA of the Federal Aviation Regulations Federal Aviation Administration Headquarters Building, 800 (FAR). The applicable FAA Forms are Independence Avenue, SW., identified as FAA Forms 8260–3, 8260– 14 CFR Part 97 Washington, DC 20591;. 4, and 8260–5. Materials incorporated 2. The FAA Regional Office of the by reference are available for [Docket No. 29198; Amdt. No. 1864] region in which the affected airport is examination or purchase as stated located; or above. RIN 2120±AA65 3. The Flight Inspection Area Office The large number of SIAPs, their which originated the SIAP. complex nature, and the need for a Standard Instrument Approach For Purchase special format make their verbatim Procedures; Miscellaneous publication in the Federal Register Amendments Individual SIAP copies may be expensive and impractical. Further, obtained from: airmen do not use the regulatory text of AGENCY: Federal Aviation 1. FAA Public Inquiry Center (APA– the SIAPs, but refer to their graphic Administration (FAA), DOT. 200), FAA Headquarters Building, 800 depiction on charts printed by ACTION: Final rule. Independence Avenue, SW., publishers of aeronautical materials. Washington, DC 20591; or Thus, the advantages of incorporation SUMMARY: This amendment establishes, 2. The FAA Regional Office of the by reference are realized and amends, suspends, or revokes Standard region in which the affected airport is publication of the complete description Instrument Approach Procedures located. of each SIAP contained in FAA form (SIAPs) for operations at certain By Subscription documents is unnecessary. The airports. These regulatory actions are provisions of this amendment state the needed because of the adoption of new Copies of all SIAPs, mailed once affected CFR (and FAR) sections, with or revised criteria, or because of changes every 2 weeks, are for sale by the the types and effective dates of the occurring in the National Airspace Superintendent of Documents, U.S. SIAPs. This amendment also identifies System, such as the commissioning of Government Printing Office, the airport, its location, the procedure new navigational facilities, addition of Washington, DC 20402. identification and the amendment new obstacles, or changes in air traffic FOR FURTHER INFORMATION CONTACT: number. requirements. These changes are Paul J. Best, Flight Procedures designed to provide safe and efficient Standards Branch (AFS–420), Technical The Rule use of the navigable airspace and to Programs Division, Flight Standards This amendment to part 97 is effective promote safe flight operations under Service, Federal Aviation upon publication of each separate SIAP instrument flight rules at the affected Administration, 800 Independence as contained in the transmittal. Some airports. Avenue, SW., Washington, DC 20591; SIAP amendments may have been DATES: An effective date for each SIAP telephone (202) 267–8277. previously issued by the FAA in a is specified in the amendatory SUPPLEMENTARY INFORMATION: This National Flight Data Center (FDC) provisions. amendment to part 97 of the Federal Notice to Airmen (NOTAM) as an Incorporation by reference-approved Aviation Regulations (14 CFR part 97) emergency action of immediate flight by the Director of the Federal Register establishes, amends, suspends, or safety relating directly to published on December 31, 1980, and reapproved revokes Standard Instrument Approach aeronautical charts. The circumstances as of January 1, 1982. Procedures (SIAPs). The complete which created the need for some SIAP Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23209 amendments may require making them §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Aurora, NE, Aurora Municipal, GPS RWY 34, effective in less than 30 days. For the 97.35 [Amended] Orig remaining SIAPs, an effective date at By amending § 97.23 VOR, VOR/DME, Nashua, NH, Boire Field, VOR/DME RNAV least 30 days after publication is VOR or TACAN, and VOR/DME or RWY 32, Amdt 6, CANCELLED provided. TACAN; § 97.25 LOC, LOC/DME, LDA, Nashua, NH, Boire Field, GPS RWY 32, Orig Lubbock, TX, Lubbock Intl, LOC BC RWY Further, the SIAPs contained in this LDA/DME, SDF, SDF/DME; § 97.27 35L, Amdt 18 amendment are based on the criteria NDB, NDB/DME; § 97.29 ILS, ILS/DME, Lubbock, TX, Lubbock Intl, GPS RWY 8, Orig contained in the U.S. Standard for ISMLS, MLS, MLS/DME, MLS/RNAV; Lubbock, TX, Lubbock Intl, GPS RWY 17R, Terminal Instrument Approach § 97.31 RADAR SIAPs; § 97.33 RNAV Orig Procedures (TERPS). In developing SIAPs; and § 97.35 COPTER SIAPs, Lubbock, TX, Lubbock Intl, GPS RWY 26, these SIAPs, the TERPS criteria were identified as follows: Orig applied to the conditions existing or Lubbock, TX, Lubbock Intl, GPS RWY 35L, ...Effective May 21, 1998 anticipated at the affected airports. Orig Because of the close and immediate Jacksonville, FL, LOC BC RWY 31, Amdt 8, Mc Kinney, TX, Mc Kinney Muni, GPS RWY relationship between these SIAPs and CANCELLED 17, Orig Atlanta, GA, Fulton County Airport-Brown Mc Kinney, TX, Mc Kinney Muni, GPS RWY safety in air commerce, I find that notice Field, VOR–A, Orig 35, Orig and public procedure before adopting Atlanta, GA, Fulton County Airport-Brown Grundy, VA, Grundy Muni, GPS RWY 22, these SIAPs are impracticable and Field, VOR/DME or GPS RWY 26, Orig, Orig contrary to the public interest and, CANCELLED Rice Lake, WI, Rice Lake Regional-Carl’s where applicable, that good cause exists Cartersville, GA, Cartersville, LOC RWY 19, Field, NDB RWY 19, Orig-A, CANCELLED for making some SIAPs effective in less Amdt 2 Sparta, WI, Sparta/Fort Mc Coy, NDB RWY than 30 days. Greensboro, GA, Greene County Regional, 29, Amdt 2 The FAA has determined that this VOR/DME–B, Orig Sparta, WI, Sparta/Fort Mc Coy, GPS RWY regulation only involves an established Thedford, NE, Thomas County, VOR OR GPS 11, Amdt 1 RWY 8, Amdt 4 CANCELLED body of technical regulations for which Sparta, WI, Sparta/Fort Mc Coy, GPS RWY 29, Amdt 1 frequent and routine amendments are ...Effective June 18, 1998 necessary to keep them operationally Mena, AR, Mena Intermountain Municipal, [FR Doc. 98–11236 Filed 4–27–98; 8:45 am] current. It, therefore—(1) is not a GPS RWY 17, Amdt 1 BILLING CODE 4910±13±M ‘‘significant regulatory action’’ under Delano, CA, Delano Muni, VOR RWY 32, Executive Order 12866; (2) is not a Amdt 7 ‘‘significant rule’’ under DOT Delano, CA, Delano Muni, GPS RWY 32, Orig DEPARTMENT OF TRANSPORTATION Regulatory Policies and Procedures (44 Porterville, CA, Porterville Muni, GPS RWY 12, Orig Federal Aviation Administration FR 11034; February 26, 1979); and (3) Porterville, CA, Porterville Muni, GPS RWY does not warrant preparation of a 30, Orig 14 CFR Part 97 regulatory evaluation as the anticipated Tracy, CA, Tracy Muni, GPS RWY 25, Orig impact is so minimal. For the same Tracy, CA, Tracy Muni, GPS RWY 29 [Docket No. 29164; Amdt. No. 1860] reason, the FAA certifies that this Mapleton, IA, Mapleton Muni, GPS RWY 2, amendment will not have a significant Orig RIN 2120±AA65 economic impact on a substantial Mapleton, IA, Mapleton Muni, GPS RWY 20, number of small entities under the Orig Standard Instrument Approach criteria of the Regulatory Flexibility Act. Frankfort, KY, Capital City, GPS RWY 24, Procedures; Miscellaneous Orig Amendments List of Subjects in 14 CFR Part 97 Frenchville, ME, Northern Aroostook Regional, GPS RWY 32, Orig AGENCY: Air traffic control, Airports, Federal Aviation Traverse City, MI, Cherry Capital, GPS RWY Administration (FAA), DOT. Navigation (air). 36 Orig ACTION: Final rule. Issued in Washington, DC on April 17, Concord, NC, Concord Regional, VOR/DME OR GPS RWY 20, Amdt 1, CANCELLED 1998. SUMMARY: This amendment establishes, Tom E. Stuckey, Concord, NC, Concord Regional, GPS RWY 20, Orig amends, suspends, or revokes Standard Acting Director, Flight Standards Service. Hickory, NC, Hickory Regional, VOR RWY Instrument Approach Procedures Adoption of the Amendment 24, Amdt 23, CANCELLED (SIAP’s) for operations at certain Hickory, NC, Hickory Regional, VOR/DME airports. These regulatory actions are Accordingly, pursuant to the RWY 24, Orig needed because of the adoption of new authority delegated to me, part 97 of the Hickory, NC, Hickory Regional, NDB RWY or revised criteria, or because of changes Federal Aviation Regulations (14 CFR 24, Amdt 5 occurring in the National Airspace part 97) is amended by establishing, Hickory, NC, Hickory Regional, ILS RWY 24, System, such as the commissioning of amending, suspending, or revoking Amdt 7 new navigational facilities, addition of Standard Instrument Approach Hickory, NC, Hickory Regional, GPS RWY 24, Orig new obstacles, or changes in air traffic Procedures, effective at 0901 UTC on requirements. These changes are the dates specified, as follows: North Wilkesboro, NC, Wiles County, NDB RWY 1, Amdt 1 designed to provide safe and efficient PART 97ÐSTANDARD INSTRUMENT Cooperstown, ND, Cooperstown Muni, GPS use of the navigable airspace and to APPROACH PROCEDURES RWY 13, Orig promote safe flight operations under Cooperstown, ND, Cooperstown Muni, GPS instrument flight rules at the affected 1. The authority citation for part 97 is RWY 31, Orig airports. Ainsworth, NE, Ainsworth Muni, GPS RWY revised to read as follows: DATES: 35, Orig An effective date for each SIAP Authority: 49 U.S.C. 106(g), 40103, 40113, Aurora, NE, Aurora Municipal, VOR OR is specified in the amendatory 40120, 44701; and 14 CFR 11.49(b)(2). GPS–A, Amdt 6 provisions. 2. Part 97 is amended to read as Aurora, NE, Aurora Municipal, NDB OR GPS Incorporation by reference-approved follows: RWY 16, Amdt 3 by the Director of the Federal Register 23210 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations on December 31, 1980, and reapproved by reference are realized and does not warrant preparation of a as of January 1, 1982. publication of the complete description regulatory evaluation as the anticipated ADDRESSES: Availability of matters of each SIAP contained in FAA form impact is so minimal. For the same incorporated by reference in the documents is unnecessary. The reason, the FAA certifies that this amendment is as follows: provisions of this amendment state the amendment will not have a significant affected CFR sections, with the types economic impact on a substantial For Examination and effective dates of the SIAPs. This number of small entities under the 1. FAA Rules Docket, FAA amendment also identifies the airport, criteria of the Regulatory Flexibility Act. Headquarters Building, 800 its location, the procedure identification List of Subjects in 14 CFR Part 97 Independence Avenue, SW., and the amendment number. This amendment to part 97 is effective Washington, DC 20591; Air traffic control, Airports, upon publication of each separate SIAP 2. The FAA Regional Office of the Navigation (air). region in which the affected airport is as contained in the transmittal. The located; or SIAP’s contained in this amendment are Issued in Washington, DC on March 20, 3. The Flight Inspection Area Office based on the criteria contained in the 1998. which originated the SIAP. United States Standard for Terminal Tom E. Stuckey, Instrument Approach Procedures Acting Director, Flight Standards Service. For Purchase (TERPS). In developing these SIAPs, the Individual SIAP copies may be TERPS criteria were applied to the Adoption of the Amendment obtained from: conditions existing or anticipated at the affected airports. Accordingly, pursuant to the 1. FAA Public Inquiry Center (APA– authority delegated to me, part 97 of the 200), FAA Headquarters Building, 800 The FAA has determined through testing that current non-localizer type, Federal Aviation Regulations (14 CFR Independence Avenue, SW., part 97) is amended as follows: Washington, DC 20591; or non-precision instrument approaches developed using the TERPS criteria can 2. The FAA Regional Office of the PART 97ÐSTANDARD INSTRUMENT be flown by aircraft equipped with a region in which the affected airport is APPROACH PROCEDURES located. Global Positioning System (GPS) and or Flight Management System (FMS) 1. The authority citation for part 97 By Subscription equipment. In consideration of the continues to read: Copies of all SIAP’s, mailed once above, the applicable SIAP’s will be every 2 weeks, are for sale by the altered to include ‘‘or GPS or FMS’’ in Authority: 49 U.S.C. 106(g), 40103, 40106, Superintendent of Documents, U.S. the title without otherwise reviewing or 40113–40114, 40120, 44502, 44514, 44701, Government Printing Office, modifying the procedure. (Once a stand 44719, 44721–44722. Washington, DC 20402. alone GPS or FMS procedure is developed, the procedure title will be §§ 97.23, 97.27, 97.33, 97.35 [Amended] FOR FURTHER INFORMATION CONTACT: altered to remove ‘‘or GPS or FMS’’ from Paul J. Best, Flight Procedures 2. Amend 97.23, 97.27, 97.33 and these non-localizer, non-precision Standards Branch (AFS–420), Technical 97.35, as appropriate, by adding, instrument approach procedure titles.) revising, or removing the following Programs Division, Flight Standards The FAA has determined through Service, Federal Aviation SIAP’s, effective at 0901 UTC on the extensive analysis that current SIAP’s dates specified: Administration, 800 Independence intended for use by Area Navigation Avenue, SW., Washington, DC 20591; (RNAV) equipped aircraft can be flown Effective April 23, 1998 telephone (202) 267–8277. by aircraft utilizing various other types Kotzebue, AK, Ralph Wien Memorial, VOR/ SUPPLEMENTARY INFORMATION: This of navigational equipment. In DME or GPS RWY 8, Amdt 2 CANCELLED amendment to part 97 of the Federal consideration of the above, those SIAP’s Kotzebue, AK, Ralph Wien Memorial, VOR/ Aviation Regulations (14 CFR part 97) currently designated as ‘‘RNAV’’ will be DME RWY 8, Amdt 2 establishes, amends, suspends, or redesignated as ‘‘VOR/DME RNAV’’ Kotzebue, AK, Ralph Wien Memorial, VOR/ revokes SIAP’s. The complete regulatory without otherwise reviewing or DME 2 or GPS RWY 26, Orig CANCELLED description of each SIAP is contained in modifying the SIAP’s. Kotzebue, AK, Ralph Wien Memorial, VOR/ official FAA form documents which are Because of the close and immediate DME 2 RWY 26, Orig incorporated by reference in this relationship between these SIAP’s and Dublin, GA, W.H. ‘‘Bud’’ Barron, NDB or GPS amendment under 5 U.S.C. 552(a), 1 safety in air commerce, I find that notice RWY 2, Amdt 2 CANCELLED CFR part 51, and § 14 CFR 97.20 of the and public procedure before adopting Dublin, GA, W.H. ‘‘Bud’’ Barron, NDB RWY Federal Aviation Regulations (FAR). these SIAPs are impracticable and 2, Amdt 2 The applicable FAA Forms are contrary to the public interest and, Morris, MN, Morris Muni, VOR or GPS RWY identified as FAA Form 8260–5. where applicable, that good cause exists 32, Amdt 4B CANCELLED Materials incorporated by reference are for making some SIAPs effective in less Morris, MN, Morris Muni, VOR RWY 32, available for examination or purchase as than 30 days. Amdt 4B stated above. The FAA has determined that this Minden, NE, Pioneer Village Field, VOR or The large number of SIAP’s, their regulation only involves an established GPS RWY 34, Amdt 1B CANCELLED complex nature, and the need for a body of technical regulations for which Minden, NE, Pioneer Village Field, VOR special format make their verbatim frequent and routine amendments are RWY 34, Amdt 1B publication in the Federal Register necessary to keep them operationally Hobbs, NM, Lea County (Hobbs), VOR/DME or TACAN or GPS RWY 21, Amdt 8 expensive and impractical. Further, current. It, therefore—(1) is not a CANCELLED airmen do not use the regulatory text of ‘‘significant regulatory action’’ under Hobbs, NM, Lea County (Hobbs), VOR/DME the SIAPs, but refer to their graphic Executive Order 12866; (2) is not a or TACAN RWY 21, Amdt 8 depiction on charts printed by ‘‘significant rule’’ under DOT publishers of aeronautical materials. Regulatory Policies and Procedures (44 [FR Doc. 98–11237 Filed 4–27–98; 8:45 am] Thus, the advantages of incorporation FR 11034; February 26, 1979); and (3) BILLING CODE 4910±13±M Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23211

DEPARTMENT OF TRANSPORTATION Government Printing Office, Standard for Terminal Instrument Washington, DC 20402. Approach Procedures (TERPS). In Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: developing these chart changes to SIAPs Paul J. Best, Flight Procedures by FDC/P NOTAMs, the TERPS criteria 14 CFR Part 97 Standards Branch (AFS–420), Technical were applied to only these specific [Docket No. 29163; Amdt. No. 1859] Programs Division, Flight Standards conditions existing at the affected Service, Federal Aviation airports. All SIAP amendments in this RIN 2120±AA65 Administration, 800 Independence rule have been previously issued by the FAA in a National Flight Data Center Standard Instrument Approach Avenue SW., Washington, DC 20591; Procedures; Miscellaneous telephone (202) 267–8277. (FDC) Notice to Airmen (NOTAM) as an Amendments SUPPLEMENTARY INFORMATION: This emergency action of immediate flight amendment to part 97 of the Federal safety relating directly to published AGENCY: Federal Aviation Aviation Regulations (14 CFR part 97) aeronautical charts. The circumstances Administration (FAA), DOT. establishes, amends, suspends, or which created the need for all these ACTION: Final rule. revokes Standard Instrument Approach SIAP amendments requires making Procedures (SIAPs). The complete them effective in less than 30 days. SUMMARY: This amendment establishes, regulatory description on each SIAP is Further, the SIAPs contained in this amends, suspends, or revokes Standard contained in the appropriate FAA Form amendment are based on the criteria Instrument Approach Procedures 8260 and the National Flight Data contained in the TERPS. Because of the (SIAPs) for operations at certain Center (FDC)/Permanent (P) Notices to close and immediate relationship airports. These regulatory actions are Airmen (NOTAM) which are between these SIAPs and safety in air needed because of changes occurring in incorporated by reference in the commerce, I find that notice and public the National Airspace System, such as amendment under 5 U.S.C. 552(a), 1 procedure before adopting these SIAPs the commissioning of new navigational CFR part 51, and § 97.20 of the Federal are impracticable and contrary to the facilities, addition of new obstacles, or Aviations Regulations (FAR). Materials public interest and, where applicable, changes in air traffic requirements. incorporated by reference are available that good cause exists for making these These changes are designed to provide for examination or purchase as stated SIAPs effective in less than 30 days. safe and efficient use of the navigable above. airspace and to promote safe flight The large number of SIAPs, their Conclusion operations under instrument flight rules complex nature, and the need for a The FAA has determined that this at the affected airports. special format make their verbatim regulation only involves an established DATES: An effective date for each SIAP publication in the Federal Register is specified in the amendatory expensive and impractical. Further, body of technical regulations for which provisions. airmen do not use the regulatory text of frequent and routine amendments are Incorporation by reference-approved the SIAPs, but refer to their graphic necessary to keep them operationally by the Director of the Federal Register depiction of charts printed by current. It, therefore—(1) is not a on December 31, 1980, and reapproved publishers of aeronautical materials. ‘‘significant regulatory action’’ under as of January 1, 1982. Thus, the advantages of incorporation Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT ADDRESSES: Availability of matter by reference are realized and publication of the complete description Regulatory Policies and Procedures (44 incorporated by reference in the FR 11034; February 26, 1979); and (3) amendment is as follows: of each SIAP contained in FAA form documents is unnecessary. The does not warrant preparation of a For Examination provisions of this amendment state the regulatory evaluation as the anticipated impact is so minimal. For the same 1. FAA Rules Docket, FAA affected CFR (and FAR) sections, with reason, the FAA certifies that this Headquarters Building, 800 the types and effective dates of the amendment will not have a significant Independence Avenue SW., SIAPs. This amendment also identifies economic impact on a substantial Washington, DC 20591; the airport, its location, the procedure number of small entities under the 2. The FAA Regional Office of the identification and the amendment criteria of the Regulatory Flexibility Act. region in which affected airport is number. located; or The Rule List of Subjects in 14 CFR Part 97 3. The Flight Inspection Area Office which originated the SIAP. This amendment to part 97 of the Air traffic control, Airports, Federal Aviation Regulations (14 CFR Navigation (air). For Purchase part 97) establishes, amends, suspends, Issued in Washington, DC on March 20, Individual SIAP copies may be or revokes SIAPs. For safety and 1998. timeliness of change considerations, this obtained from: Tom E. Stuckey, 1. FAA Public Inquiry Center (APA– amendment incorporates only specific 200), FAA Headquarters Building, 800 changes contained in the content of the Acting Director, Flight Standards Service. Independence Avenue SW., following FDC/P NOTAM for each Adoption of the Amendment Washington, DC 20591; or SIAP. The SIAP information in some 2. The FAA Regional Office of the previously designated FDC/Temporary Accordingly, pursuant to the region in which the affected airport is (FDC/T) NOTAMs is of such duration as authority delegated to me, part 97 of the located. to be permanent. With conversion to Federal Aviation Regulations (14 CFR FDC/P NOTAMs, the respective FDC/T part 97) is amended by establishing, By Subscription NOTAMs have been cancelled. amending, suspending, or revoking Copies of all SIAPs, mailed once The FDC/P NOTAMs for the SIAPs Standard Instrument Approach every 2 weeks, are for sale by the contained in this amendment are based Procedures, effective at 0901 UTC on Superintendent of Documents, US on the criteria contained in the U.S. the dates specified, as follows: 23212 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

PART 97ÐSTANDARD INSTRUMENT 2. Part 97 is amended to read as LDA, LDA/DME, SDF, SDF/DME; APPROACH PROCEDURES follows: § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, 1. The authority citation for part 97 is §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, MLS/RNAV; § 97.31 RADAR SIAPs; revised to read as follows: 97.35 [Amended] § 97.33 RNAV SIAPs; and § 97.35 By amending: § 97.23 VOR, VOR/ Authority: 49 U.S.C. 40103, 40113, 40120, COPTER SIAPs, identified as follows: DME, VOR or TACAN, and VOR/DME 44701; 49 U.S.C. 106(g); and 14 CFR .. . EFFECTIVE UPON PUBLICATION 11.49(b)(2). or TACAN; § 97.25 LOC, LOC/DME,

FDC date State City Airport FDC number SIAP

03/05/98 ...... AR Little Rock ...... Adams Field ...... FDC 8/1478 VOR/DME RNAV or GPS Rwy 22R, Amdt 10... 03/05/98 ...... CA San Jose ...... San Jose Intl ...... FDC 8/1498 ILS Rwy 12R Amdt 4... 03/05/98 ...... CA San Jose ...... San Jose Intl ...... FDC 8/1500 ILS Rwy 30L, Amdt 20... 03/05/98 ...... CA San Jose ...... San Jose Intl ...... FDC 8/1502 LOC/DME Rwy 30L, Amdt 10... 03/05/98 ...... CA San Jose ...... San Jose Intl ...... FDC 8/1504 VOR/DME RNAV or GPS Rwy 30L, Orig... 03/05/98 ...... CA San Jose ...... San Jose Intl ...... FDC 8/1506 VOR/DME Rwy 30L, Orig... 03/05/98 ...... CA San Jose ...... San Jose Intl ...... FDC 8/1508 VOR or GPS Rwy 12R, Amdt 2... 03/05/98 ...... CA San Jose ...... San Jose Intl ...... FDC 8/1510 NDB/DME Rwy 30L, Amdt 4... 03/05/98 ...... NC Greensboro ...... Greensboro/Piedmont Triad Intl ...... FDC 8/1481 VOR/DME or GPS Rwy 23, Amdt 9A... 03/06/98 ...... TN Murfreesboro ...... Murfreesboro Muni ...... FDC 8/1544 NDB Rwy 18, Orig... 03/06/98 ...... TX Caldwell ...... Caldwell Muni ...... FDC 8/1533 VOR/DME or GPS-A, Amdt 2A... 03/06/98 ...... WI Beloit ...... Beloit ...... FDC 8/1525 VOR or GPS-A Amdt 5... 03/06/98 ...... WI Delavan ...... Lake Lawn ...... FDC 8/1527 NDB or GPS Rwy 18 Amdt 2... 03/06/98 ...... WI Janesville ...... Rock County ...... FDC 8/1520 VOR/DME Rwy 22, Orig... 03/06/98 ...... WI Madison ...... Blackhawk Airfield ...... FDC 8/1522 VOR or GPS-A, Orig-A... 03/06/98 ...... WI Madison ...... Dane County Regional-Truax Field .... FDC 8/1526 VOR or TACAN or GPS Rwy 18, Amdt 20A... 03/06/98 ...... WI Madison ...... Dane County Regional-Truax Field .... FDC 8/1528 VOR or TACAN or GPS Rwy 13, Amdt 23A... 03/06/98 ...... WI Madison ...... Dane County Regional-Truax Field .... FDC 8/1529 VOR or TACAN or GPS Rwy 31, Amdt 24A... 03/06/98 ...... WI Madison ...... Dane County Regional-Truax Field .... FDC 8/1530 ILS Rwy 36, Amdt 29A... 03/06/98 ...... WI Madison ...... Dane County Regional-Truax Field .... FDC 8/1531 ILS Rwy 18, Amdt 7A... 03/06/98 ...... WI Madison ...... Dane County Regional-Truax Field .... FDC 8/1532 NDB or GPS Rwy 36, Amdt 28A... 03/06/98 ...... WI Madison ...... Morey ...... FDC 8/1518 VOR/DME RNAV or GPS Rwy 12 Amdt 3... 03/06/98 ...... WI Madison ...... Morey ...... FDC 8/1519 VOR or GPS-A Amdt 6A... 03/06/98 ...... WI Madison ...... Morey ...... FDC 8/1521 VOR or GPS-B Amdt 5A... 03/09/98 ...... SC Charleston ...... Charleston AFB/Intl ...... FDC 8/1577 ILS Rwy 33, Amdt 4... 03/10/98 ...... TX Houston ...... George Bush Intercontinental Arpt ..... FDC 8/1610 NDB Rwy 26, Amdt 1C... 03/10/98 ...... TX Houston ...... George Bush Intercontinental Arpt ..... FDC 8/1613 VOR/DME or GPS Rwy 32R, Amdt 13A... 03/10/98 ...... TX Houston ...... George Bush Intercontinental Arpt ..... FDC 8/1614 ILS Rwy 27 (And Cat II), Amdt 1C... 03/10/98 ...... TX Houston ...... George Bush Intercontinental Arpt ..... FDC 8/1616 VOR/DME Rwy 14L, Amdt 15A... 03/10/98 ...... TX Houston ...... George Bush Intercontinental Arpt ..... FDC 8/1617 ILS Rwy 26 (And Cat II, Cat III), Amdt 15B... 03/10/98 ...... TX Houston ...... George Bush Intercontinental Arpt ..... FDC 8/1618 ILS Rwy 8, Amdt 18E... 03/10/98 ...... TX Houston ...... George Bush Intercontinental Arpt ..... FDC 8/1619 ILS Rwy 9, Amdt 4B... 03/12/98 ...... MO Columbia ...... Columbia Regional ...... FDC 8/1642 NDB or GPS Rwy 2, Amdt 8A... 03/13/98 ...... IA Cedar Rapids ...... The Eastern Iowa ...... FDC 8/1683 GPS Rwy 31, Orig... 03/13/98 ...... TN Somerville ...... Fayette County ...... FDC 8/1692 NDB or GPS Rwy 18, Orig-A... 03/16/98 ...... FL Fernandina Beach ...... Fernandina Beach Muni ...... FDC 8/1733 Radar-1, Amdt 4... 03/16/98 ...... NC Manteo ...... Dare County Regional ...... FDC 8/1737 NDB or GPS Rwy 4, Amdt 4... 03/16/98 ...... NC Manteo ...... Dare County Regional ...... FDC 8/1739 VOR or GPS Rwy 16, Amdt 3... 03/16/98 ...... NC Manteo ...... Dare County Regional ...... FDC 8/1743 NDB Rwy 16, Amdt 4... 03/16/98 ...... OK Duncan ...... Halliburton Field ...... FDC 8/1721 VOR Rwy 35, Amdt 10... 03/16/98 ...... OK Duncan ...... Halliburton Field ...... FDC 8/1722 LOC Rwy 35, Amdt 4... 03/16/98 ...... OK Tulsa ...... Tulsa Intl ...... FDC 8/1745 NDB or GPS Rwy 36R, Amdt 19B... 03/16/98 ...... TX Galveston ...... Scholes Field ...... FDC 8/1736 ILS Rwy 13, Amdt 9... 03/16/98 ...... TX Houston ...... West Houston ...... FDC 8/1731 VOR or GPS-B, Amdt 2... 03/17/98 ...... OK Tulsa ...... Tulsa Intl ...... FDC 8/1764 Radar-1, Amdt 17... 03/17/98 ...... PA Reedsville ...... Mifflin County ...... FDC 8/1762 LOC Rwy 6, Amdt 7... Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23213

[FR Doc. 98–11238 Filed 4–27–98; 8:45 am] By Subscription remaining SIAPs, an effective date at BILLING CODE 4910±13±M Copies of all SIAPs, mailed once least 30 days after publication is every 2 weeks, are for sale by the provided. Superintendent of Documents, U.S. Further, the SIAPs contained in this DEPARTMENT OF TRANSPORTATION Government Printing Office, amendment are based on the criteria Federal Aviation Administration Washington, DC 20402. contained in the U.S. Standard for FOR FURTHER INFORMATION CONTACT: Terminal Instrument Approach 14 CFR Part 97 Paul J. Best, Flight Procedures Procedures (TERPS). In developing the Standards Branch (AFS–420), Technical SIAPs, the TERPS criteria were applied [Docket No. 29162; Amdt. No. 1858] Programs Division, Flight Standards to the conditions existing or anticipated RIN 2120±AA65 Service, Federal Aviation at the affected airports. Because of the Administration, 800 Independence close and immediate relationship Standard Instrument Approach Avenue, SW., Washington, DC 20591; between these SIAPs and safety in air Procedures; Miscellaneous telephone (202) 267–8277. commerce, I find that notice and public Amendments SUPPLEMENTARY INFORMATION: This procedure before adopting these SIAPs are impracticable and contrary to the AGENCY: Federal Aviation amendment to part 97 of the Federal Administration (FAA), DOT. Aviation Regulations (14 CFR part 97) public interest and, where applicable, that good cause exists for making some ACTION: Final rule. establishes, amends, suspends, or revokes Standard Instrument Approach SIAPs effective in less than 30 days. SUMMARY: This amendment establishes, Procedures (SIAPs). The complete The FAA has determined that this amends, suspends, or revokes Standard regulatory description of each SIAP is regulation only involves an established Instrument Approach Procedures contained in official FAA form body of technical regulations for which (SIAPs) for operations at certain documents which are incorporated by frequent and routine amendments are airports. These regulatory actions are reference in this amendment under 5 necessary to keep them operationally needed because of the adoption of new U.S.C. 552(a), 1 CFR part 51, and § 97.20 current. It, therefore—(1) is not a or revised criteria, or because of changes of the Federal Aviation Regulations ‘‘significant regulatory action’’ under occurring in the National Airspace (FAR). The applicable FAA Forms are Executive Order 12866; (2) is not a System, such as the commissioning of identified as FAA Forms 8260–3, 8260– ‘‘significant rule’’ under DOT new navigational facilities, addition of 4, and 8260–5. Materials incorporated Regulatory Policies and Procedures (44 new obstacles, or changes in air traffic by reference are available for FR 11034; February 26, 1979); and (3) requirements. These changes are examination or purchase as stated does not warrant preparation of a designed to provide safe and efficient above. regulatory evaluation as the anticipated use of the navigable airspace and to The large number of SIAPs, their impact is so minimal. For the same promote safe flight operations under complex nature, and the need for a reason, the FAA certifies that this instrument flight rules at the affected special format make their verbatim amendment will not have a significant airports. publication in the Federal Register economic impact on a substantial DATES: An effective date for each SIAP expensive and impractical. Further, number of small entities under the is specified in the amendatory airmen do not use the regulatory text of criteria of the Regulatory Flexibility Act. provisions. the SIAPs, but refer to their graphic List of Subjects in 14 CFR Part 97 Incorporation by reference—approved depiction on charts printed by publishers of aeronautical materials. by the Director of the Federal Register Air traffic control, Airports, Thus, the advantages of incorporation on December 31, 1980, and reapproved Navigation (air). as of January 1, 1982. by reference are realized and publication of the complete description Issued in Washington, DC on March 20, ADDRESSES: Availability of matters 1998. incorporated by reference in the of each SIAP contained in FAA form Tom E. Stuckey, amendment is as follows: documents is unnecessary. The provisions of this amendment state the Acting Director, Flight Standards Service. For Examination affected CFR (and FAR) sections, with Adoption of the Amendment 1. FAA Rules Docket, FAA the types and effective dates of the Headquarters Building, 800 SIAPs. This amendment also identifies Accordingly pursuant to the authority Independence Avenue, SW., the airport, its location, the procedure delegated to me, part 97 of the Federal Washington, DC 20591; identification and the amendment Aviation Regulations (14 CFR part 97) is 2. The FAA Regional Office of the number. amended by establishing, amending, region in which the affected airport is The rule suspending, or revoking Standard located; or Instrument Approach Procedures, 3. The Flight Inspection Area Office This amendment to part 97 is effective effective at 0901 UTC on the dates which originated the SIAP. upon publication of each separate SIAP specified, as follows: as contained in the transmittal. Some For Purchase SIAP amendments may have been PART 97ÐSTANDARD INSTRUMENT Individual SIAP copies may be previously issued by the FAA in a APPROACH PROCEDURES obtained from: National Flight Data Center (FDC) 1. FAA Public Inquiry Center (APA– Notice to Airmen (NOTAM) as an 1. The authority citation for part 97 is 200), FAA Headquarters Building, 800 emergency action of immediate flight revised to read as follows: Independence Avenue, SW., safety relating directly to published Authority: 49 U.S.C. 106(g), 40103, 40113, Washington, DC 20591; or aeronautical charts. The circumstances 40120, 44701; and 14 CFR 11.49(b)(2). 2. The FAA Regional Office of the which created the need for some SIAP region in which the affected airport is amendments may require making them 2. Part 97 is amended to read as located. effective in less than 30 days. For the follows: 23214 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33 Wichita, KS, Beech Factory, VOR OR GPS– FOR FURTHER INFORMATION CONTACT: and 97.35 [Amended] B, Amdt 2 Harry Denning, Office of Field By amending: § 97.23 VOR, VOR/ Wichita, KS, Beech Factory, RNAV OR GPS Operations (202) 927–0196. RWY 18, Orig, CANCELLED DME, VOR or TACAN, and VOR/DME SUPPLEMENTARY INFORMATION: or TACAN; § 97.25 LOC, LOC/DME, Wichita, KS, Beech Factory, RNAV OR GPS RWY 36, Orig, CANCELLED Background LDA, LDA/DME, SDF, SDF/DME; Wichita, KS, Beech Factory, VOR/DME § 97.27 NDB, NDB/DME; § 97.29 ILS, RNAV RWY 18, Orig On July 11, 1997, Customs published ILS/DME, ISMLS, MLS, MLS/DME, Wichita, KS, Beech Factory, VOR/DME a document in the Federal Register (62 MLS/RNAV; § 97.31 RADAR SIAPs; RNAV RWY 36, Orig FR 37131) T.D. 97–64 which amended § 97.33 RNAV SIAPs; and § 97.35 Wichita, KS, Beech Factory, GPS RWY 18, § 101.3(b), Customs Regulations (19 CFR COPTER SIAPs, identified as follows: Orig Wichita, KS, Beech Factory, GPS RWY 36, 101.3(b)), to establish a new port of * * * Effective 23 April 1998 Orig entry at Orlando-Sanford Airport in Crosett, AR, Z M Jack Stell Field, VOR/DME Minneapolis, MN, Anoka County-Blaine Sanford, Florida, and amended RNAV RWY 23, Orig-A, CANCELLED Airport (Janes Field), VOR OR GPS RWY § 122.15(b), Customs Regulations (19 Chicago/Prospect Hgts/Wheeling, IL, 8 Amdt 11 CFR 122.15(b)) to remove the Sanford Palwaukee Muni, ILS RWY 16, Orig, Minneapolis, MN, Anoka County-Blaine Regional Airport from the list of user fee CANCELLED Airport (Janes Field), VOR/DME RWY 26, airports. Customs set forth in that Chicago/Prospect Hgts/Wheeling, IL, Amdt 4 document the justification for Palwaukee Muni, ILS RWY 16, Orig Minneapolis, MN, Anoka County-Blaine Airport (Janes Field), VOR/DME RNAV OR redesignating the airport facility from its Chicago/Prospect Hgts/Wheeling, IL, user fee status to that of a port of entry Palwaukee Muni, GPS RWY 16, Orig GPS RWY 17, Amdt 3 Okmulgee, OK, Okmulgee Muni, ILS RWY Minneapolis, MN, Anoka County-Blaine and designated November 10, 1997, as 17, Amdt 3, CANCELLED Airport (Janes Field), GPS RWY 35, Orig the effective date. Okmulgee, OK, Okmulgee Muni, ILS RWY Redwood Falls, MN, Redwood Falls Muni, For reasons set forth in a document 17, Orig VOR OR GPS–A, Amdt 4 (T.D. 97–88) published in the Federal Pittsburgh, PA, Pittsburgh Intl, ILS RWY 10C, Redwood Falls, MN, Redwood Falls Muni, Register (62 FR 60164) on November 7, Orig VOR/DME RNAV RWY 30, Amdt 1 1997, Customs delayed the effective Pittsburgh, PA, Pittsburgh Intl, ILS RWY 28C, Redwood Falls, MN, Redwood Falls Muni, date for establishment of the new port Orig GPS RWY 30, Orig Columbus-West Point-Starkville, MS, Golden of entry and the termination of the Amarillo, TX, Amarillo Intl, GPS RWY 4, airport’s user fee status until May 1, Orig Triangle Regional, LOC/DME BC RWY 36, Amarillo, TX, Amarillo Intl, GPS RWY 22, Amdt 6A, CANCELLED 1998, and solicited comments regarding Orig Meridian, MS, Key Field, RNAV OR GPS the delayed effective date. In that RWY 19, Amdt 3, CANCELLED document, Customs stated that if * * * Effective 21 May 1998 Meridian, MS, Key Field, GPS RWY 1, Orig comments submitted demonstrated Fayetteville, AR, Drake Field, LDA/DME Meridian, MS, Key Field, GPS RWY 19, Orig sufficient grounds for not delaying the RWY 34, Amdt 2 Millersburg, OH, Holmes County, GPS RWY effective date until May 1, 1998, Fayetteville, AR, Drake Field, MLS RWY 34, 27, Orig Customs would issue another Millington, TN, Millington Muni, GPS RWY Amdt 2 document. The comment period expired Chicago, IL, Chicago Midway, MLS RWY 22, Orig 22L, Orig-A, CANCELLED Baraboo, WI, Baraboo Wisconsin Dells, GPS on December 8, 1997. Springfield, IL, Capital, ILS RWY 31, Amdt RWY 1, Orig Discussion of Comments 1 [FR Doc. 98–11239 Filed 4–27–98; 8:45 am] Springfield, IL, Capital, RADAR–1, Amdt 8 Six comments were received in Cambridge, NE, Cambridge Muni, GPS RWY BILLING CODE 4910±13±M response to the document delaying the 32, Orig effective date until May 1, 1998, four Gallup, NM, Gallup Muni, GPS RWY 6, Orig opposing the delay and two in favor of Cortland, NY, Cortland County-Chase Field, DEPARTMENT OF THE TREASURY extending the delay until July 1, 1998. GPS RWY 24, Amdt 1 The four comments opposing the Youngstown, OH, Youngstown Elser Metro, Customs Service delay emanate from the State of Maine GPS RWY 28, Orig Grove, OK, Grove Muni, VOR OR GPS–A, 19 CFR Parts 101 and 122 and were submitted by members of the Amdt 1, CANCELLED Maine congressional delegation and by Grove, OK, Grove Muni, VOR/DME–A, Orig [T.D. 98±35] attorneys on behalf of Bangor International Airport. These comments * * * Effective 18 June 1998 Customs Service Field Organization; essentially contend that Bangor Kotzebue, AK, Ralph Wien Memorial, GPS Establishment of Sanford Port of Entry International Airport is being harmed by RWY 8, Orig AGENCY: Customs Service; Treasury. the delay because flights would clear at Kotzebue, AK, Ralph Wien Memorial, GPS Bangor but for the market distortion RWY 26, Orig ACTION: Final rule. Oxnard, CA, Oxnard, GPS RWY 7, Orig caused by Sanford being permitted to Oxnard, CA, Oxnard, GPS RWY 25, Orig SUMMARY: This document confirms that operate longer as a user fee airport not Visalia, CA, Visalia Muni, GPS RWY 12, Orig May 1, 1998, is the effective date for the subject to the passenger fee that is Visalia, CA, Visalia Muni, GPS RWY 30, Orig establishment of a Customs port of entry assessed at ports of entry. Lake In The Hills, IL, Lake In The Hills, GPS at Orlando-Sanford Airport in Sanford, The two comments urging further RWY 8, Orig Florida. Orlando-Sanford Airport’s delay beyond May 1, 1998, in the Huntington, IN, Huntington Muni, GPS RWY designation as a user fee airport will establishment of a port of entry at 9, Amdt 1 terminate on the same date. Orlando-Sanford Airport come from that Scott City, KS, Scott City Muni, NDB RWY EFFECTIVE DATE: 35, Amdt 1 May 1, 1998 is the airport and from attorneys on its behalf. Scott City, KS, Scott City Muni, GPS RWY effective date for amendment of The comments argue that the delay does 17, Orig §§ 101.3(b)(1) and 122.15(b), Customs not impose an unwarranted competitive Scott City, KS, Scott City Muni, GPS RWY Regulations, published in the Federal burden on port of entry airports such as 35, Orig Register (62 FR 37131) on July 11, 1997. Bangor International Airport. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23215

They further contend that until the action’’ as specified in Executive Order vessels may anchor outside the construction of the cargo building and 12866. regulated area but may not block a security system at Orlando-Sanford Samuel H. Banks, navigable channel. Because these Airport, which has been delayed, the Acting Commissioner of Customs. restrictions will be in effect for a limited airport does not fully meet the criteria period, they should not result in a Approved: April 17, 1998. for a Customs port of entry. significant disruption of maritime John P. Simpson, traffic. Determination Deputy Assistant Secretary of the Treasury. Dated: April 15, 1998. Customs decision to suspend the [FR Doc. 98–11190 Filed 4–27–98; 8:45 am] J.S. Carmichael, November 10, 1997, effective date for BILLING CODE 4820±02±P conversion of Orlando-Sanford Airport Captain, U.S. Coast Guard, Acting to a port of entry was based in large part Commander, Fifth Coast Guard District. [FR Doc. 98–11226 Filed 4–27–98; 8:45 am] on claims that imposition of port of DEPARTMENT OF TRANSPORTATION entry status on the date set by Customs BILLING CODE 4910±15±M would subject the Airport Operator to a Coast Guard significant additional cost that it could not, under agreements effective through 33 CFR Part 100 DEPARTMENT OF TRANSPORTATION May 1, 1998 with carriers landing at [CGD 05±98±028] Coast Guard Orlando-Sanford Airport, pass on to carriers. Special Local Regulations for Marine 33 CFR Part 117 After reviewing all the comments, Events; Approaches to Annapolis [CGD05±98±026] which basically represent two distinct Harbor, Spa Creek, and Severn River, competitive interests, Customs believes Annapolis, MD Drawbridge Operation Regulations; that delaying the designation of Wicomico River (North Prong) Orlando-Sanford Airport as a port of AGENCY: Coast Guard, DOT. entry was appropriate under the ACTION: Notice of implementation. AGENCY: Coast Guard, DOT. circumstances. However, Customs ACTION: Notice of temporary deviation SUMMARY: believes Orlando-Sanford Airport was This notice implements the from regulations. provided with sufficient opportunity to special local regulations at 33 CFR resolve the concerns it proffered to 100.511 during the Warfare Capabilities SUMMARY: The Commander, Fifth Coast obtain that delayed effective date. Demonstration, a marine event to be Guard District has issued a temporary Accordingly, Customs believes that the held May 1, 1998, on Spa Creek and the deviation from the regulations designation should not be further Severn River at Annapolis, Maryland. governing the operation of the Main delayed. These special local regulations are Street drawbridge across the Wicomico Further, Customs believes the necessary to control vessel traffic in the River, mile 22.4, in Salisbury, Maryland. comments received did not demonstrate vicinity of the U.S. Naval Academy due Beginning April 21, 1998, through May sufficient grounds for making the to the confined nature of the waterway 19, 1998, this deviation requires three- Orlando-Sanford Airport a port of entry and expected vessel congestion during hours advance notice for drawbridge before the May 1, 1998 announced the helicopter rappelling demonstration. openings from 9 a.m. through 3 p.m. on effective date. The effect will be to restrict general weekdays and from 7 p.m. on Fridays Accordingly, Customs is confirming navigation in the regulated area for the through 6 a.m. on Mondays. This that the effective date for the safety of spectators, event participants, deviation is necessary to allow the establishment of the Orlando-Sanford and other vessels transiting the event contractor to paint the bridge. port of entry and the date for the area. DATES: This deviation is effective from termination of the airport’s user fee DATES: 33 CFR 100.511 is effective from April 21, 1998 through May 19, 1998. status is May 1, 1998. 1 p.m. to 2 p.m. on May 1, 1998. FOR FURTHER INFORMATION CONTACT: Amendment to the Regulations FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, For the reasons stated above, the Chief Warrant Officer R.L. Houck, Fifth Coast Guard District, at (757) 398– effective date of the final rule document Marine Events Coordinator, 6222. FR Doc. 97–18206, published in the Commander, Coast Guard Activities SUPPLEMENTARY INFORMATION: Textar Federal Register on July 11, 1997, and Baltimore, 2401 Hawkins Point Road, Painting Corporation, a contractor for delayed until May 1, 1998, pursuant to Baltimore, MD 21226–1971, (410) 576– the Maryland Department of interim rule document FR Doc. 97– 2674. Transportation, requested the Coast 29599, published in the Federal SUPPLEMENTARY INFORMATION: The U.S. Guard to approve a temporary deviation Register on November 7, 1997, is now Naval Academy Sailing Squadron will from the normal operation of the bridge finalized as May 1, 1998. sponsor the Warfare Capabilities in order to accommodate painting the Demonstration on the Severn River, near structure. To paint the bridge, a barge Regulatory Flexibility Act and the U.S. Naval Academy, Annapolis, must be used which will block the Executive Order 12866 Maryland. Waterborne activities will waterway. Three-hours advance notice Because this document merely consist of Navy SEALS rappelling from will be required to move the barge out confirms a decision previously made, a helicopter. In order to ensure the of the channel and open the bridge this document is not subject to the safety of participants and transiting during the requested time periods. notice and public procedure vessels, 33 CFR 100.511 will be in effect This deviation will not significantly requirements of 5 U.S.C. 553, and is not for the duration of the event. Under disrupt vessel traffic, since very little subject to the provisions of the provisions of 33 CFR 100.511, a vessel exists during this time of the year. The Regulatory Flexibility Act (5 U.S.C. 603 may not enter the regulated area unless regulations at 33 CFR 117.579 require et seq.). This amendment does not meet it receives permission from the Coast the draw to open on signal except from the criteria for a ‘‘significant regulatory Guard Patrol Commander. Spectator 7 a.m. to 9 a.m., from 12 noon to 1 p.m., 23216 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations and from 4 p.m. to 6 p.m. During these as indicated in this preamble will unless extended or terminated sooner by time periods the draw opens only for become part of this docket and will be the Coast Guard Captain of the Port, tugs with tows if at least three-hours available for inspection or copying at New York. advance notice is given, and the reason the same location, dates, and times This regulation is needed to protect for passage through the bridge during a listed above. the maritime public from possible closure period is due to delay caused by FOR FURTHER INFORMATION CONTACT: hazards to navigation associated with a inclement weather or other emergency Lieutenant (Junior Grade) A. Kenneally, parade of naval vessels transiting the or unforeseen circumstances. Waterways Oversight Branch, Coast waters of New York harbor in close From April 21, 1998, through May 19, Guard Activities New York, at (718) proximity. These vessels have limited 1998, this deviation requires three-hours 354–4195. maneuverability and require a clear advance notice for openings of the traffic lane to safely navigate. SUPPLEMENTARY INFORMATION: Wicomico River Main Street Bridge Regulatory Evaluation from 9 a.m. through 3 p.m. on weekdays Regulatory History This rule is not a significant and from 7 p.m. on Fridays through 6 Pursuant to 5 U.S.C. 553, a notice of a.m. on Mondays. regulatory action under section 3(f) of proposed rulemaking (NPRM) was not Executive Order 12866 and does not Dated: April 17, 1998. published for this regulation. Good require an assessment of potential costs J. Carmichael, cause exists for not publishing an NPRM and benefits under section 6(a)(3) of that Captain, U.S. Coast Guard, Acting and for making this regulation effective Order. It has been exempted from Commander, Fifth Coast Guard District. less than 30 days after Federal Register review by the Office of Management and [FR Doc. 98–11228 Filed 4–27–98; 8:45 am] publication. Due to the date that Budget under that Order. It is not BILLING CODE 4910±15±M accurate information concerning any significant under the regulatory policies pre-parade events and times became and procedures of the Department of available, as well as a change in the Transportation (DOT) (44 FR 11040; DEPARTMENT OF TRANSPORTATION personnel handling the event February 26, 1979). The Coast Guard particulars, there was insufficient time expects the economic impact of this rule Coast Guard to draft and publish an NPRM. Any to be so minimal that a full Regulatory delay encountered in this rule’s 33 CFR Part 165 Evaluation under paragraph 10(e) of the effective date would be contrary to regulatory policies and procedures of [CGD01±98±026] public interest, since immediate action DOT is unnecessary. This finding is is needed to protect the visiting vessels RIN 2115±AA97 based on the following: due to the from being hazarded by smaller, moving nature of the safety zone, no Safety Zone: Fleet Week 1998 Parade privately-owned vessels while the larger single location will be affected for a of Ships, Port of New York and New vessels are in formation. prolonged period of time; commercial Jersey Background and Purpose and recreational vessels could transit on either side of the moving safety zone AGENCY: Coast Guard, DOT. In mid-February, the Intrepid except along the Manhattan side ACTION: Temporary final rule. Museum Foundation submitted an between Piers 84 and 88 as the parade Application for Approval of Marine passes by that area; and alternate routes SUMMARY: The Coast Guard is Event to sponsor a parade of U.S. Coast are available for commercial and establishing temporary safety zones for Guard, U. S. Navy, and foreign naval recreational vessels that can safely the Fleet Week 1998 Parade of Ships. A ships through the Port of New York and navigate the Harlem and East Rivers, moving safety zone includes all waters New Jersey. This regulation establishes Kill Van Kull, Arthur Kill, and 500 yards ahead and astern, and 200 a moving safety zone to include all Buttermilk Channel. Similar safety yards on each side of the designated waters 500 yards ahead and astern, and zones have been established for several column of parade vessels as it transits 200 yards on each side of the designated past Fleet Week parades of ships with New York Harbor’s Upper Bay and the column of parade vessels as it transits minimal or no disruption to vessel Hudson River, from the Verrazano the Port of New York and New Jersey traffic or other interests in the port. In Bridge to the George Washington Bridge. from the Verrazano Narrows Bridge addition, extensive, advance This action is necessary to prevent through the waters of the Hudson River notifications will be made to the vessels from impeding the parade to Riverbank State Park, between West maritime community so mariners can column and keep traffic to the western 137th and West 144th Streets, adjust their plans accordingly. side of the Hudson River. Manhattan, New York. The zone will DATES: This rule is effective from 9 a.m. expand beyond the parade vessel Small Entities to 4 p.m. on Wednesday, May 20, 1998, column east to the Manhattan shoreline Under the Regulatory Flexibility Act unless terminated sooner by the Captain between Piers 84 and 88, Manhattan, (5 U.S.C. 601 et seq.), the Coast Guard of the Port, New York. New York, as the column passes by that must consider whether this regulation ADDRESSES: You may mail comments to area. This expansion will give the will have a significant impact on a the Commander (wob) (CGD01–98–026), public an unobstructed view of the substantial number of small entities. Coast Guard Activities New York, 212 parade from the pierside reviewing ‘‘Small entities’’ include small Coast Guard Drive, Staten Island, New stand. Then, as the vessels turn in the businesses, not-for-profit organizations York 10305–5005; or deliver them to waters west of Riverbank State Park and that are independently owned and room 205 at the same address between proceed southbound in the Hudson operated and are not dominant in their 8 a.m. and 3 p.m., Monday through River, the moving safety zone will fields, and governmental jurisdictions Friday, except federal holidays. The expand to include all waters within a with populations less than 50,000. Waterways Oversight Branch (wob) of 200 yard radius of each vessel from its For the reasons set forth in the Coast Guard Activities New York turning point until it is safely berthed. Regulatory Evaluation section, the Coast maintains the public docket for this This regulation is in effect from 9:00 Guard expects the impact of this rulemaking. Comments and documents a.m. to 4:00 p.m. on May 20, 1998, proposal to be minimal. In addition, Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23217 similar safety zones have been § 165.T01±026 Safety Zone: Fleet Week Delaware. The safety zone is necessary established for several past Fleet Week 1998 Parade of Ships, Port of New York and to protect spectators and other vessels parades of ships with minimal or no New Jersey. from the potential hazards associated disruption to vessel traffic or other (a) Location. The following are safety with the Super Loki Rocket Launch interests in the port. The Coast Guard zones: from Cape Henlopen State Park. certifies under 5 U.S.C. 605(b) that this (1) A moving safety zone including all DATES: This rule is effective May 9 and rule will not have a significant waters 500 yards ahead and astern, and May 10, 1998. economic impact on a substantial 200 yards on each side of the designated FOR FURTHER INFORMATION CONTACT: number of small entities. If, however, column of parade vessels as it transits Chief Petty Officer Ward, Project you think that your business or from the Verrazano Narrows Bridge Manager, Waterways and Waterfront organization qualifies as a small entity through the waters of the Hudson River Facilities Branch, at (215) 271–4888. to Riverbank State Park, between West and that this rule will have a significant SUPPLEMENTARY INFORMATION: In 137th and West 144th Streets, economic impact on it, please submit a accordance with 5 U.S.C. 553, a notice Manhattan, New York. comment explaining why you think it of proposed rulemaking (NPRM) was (2) A safety zone including all waters qualifies, and in what way and to what not published for this regulation and of the Hudson River between Piers 84 degree this rule will adversely affect it. good cause exists for making it effective and 88, Manhattan, New York, from the in less than 30 days after Federal Collection of Information parade column east to the Manhattan Register publication. Publishing a shoreline as the column passes by that This final rule does not provide for a NPRM and delaying its effective date area. collection-of-information under the would be contrary to the public’s (3) A moving safety zone including all Paperwork Reduction Act (44 U.S.C. interest because immediate action is waters within a 200 yard radius of each 3501 et seq.). needed to protect vessel traffic from the parade vessels from its turning point potential hazards associated with the Federalism near Riverbank State Park until the splashdown of the motor from a Super vessel is safely berthed. Loki Meteorological Rocket. The Coast Guard has analyzed this (b) Effective period. This section is rule in accordance with the principles effective from 9 a.m. to 4 p.m. on May Drafting Information: The principal and criterion contained in Executive 20, 1998. persons involved in drafting this Order 12612 and has determined that (c) Regulations. document are S. L. Phillips, Project this regulation does not have sufficient (1) The general regulations contained Manager, Operations Division, Auxiliary implications for federalism to warrant in 33 CFR 165.23 apply to this safety Section, Fifth Coast Guard District and the preparation of a Federalism zone. LTJG P. Markland, Project Counsel, Assessment. (2) All persons and vessels shall Maintenance and Logistics Command Atlantic, Legal Division. Environment comply with the instructions of the Coast Guard Captain of the Port or the Background and Purpose The Coast Guard considered the designated on scene patrol personnel. The Delaware Aerospace Education environmental impact of this rule and U.S. Coast Guard patrol personnel Foundation is launching a Super Loki concluded that, under 2.B.2.e.(34)(g) of include commissioned, warrant, and Meteorological Rocket from Cape Commandant Instruction M16475.1B (as petty officers of the Coast Guard. Upon Henlopen State Park for the purpose of revised by 59 FR 38654, July 29, 1994), being hailed by a U.S. Coast Guard collecting meteorological data. The this rule is categorically excluded from vessel via siren, radio, flashing light, or rocket payload will splash down in the further environmental documentation. other means, the operator of a vessel Atlantic Ocean approximately 22 A ‘‘Categorical Exclusion shall proceed as directed. nautical miles southeast of the launch Determination’’ is available in the Dated: April 13, 1998. point. The rocket motor is expected to docket for inspection or copying where L.M. Brooks, splash down within 2 nautical miles of indicated under ADDRESSES. Captain, U.S. Coast Guard, Captain of the the launch point. This safety zone is List of Subjects in 33 CFR Part 165 Port, New York, Acting. necessary to protect spectators and [FR Doc. 98–11227 Filed 4–27–98; 8:45 am] transiting vessels from the potential Harbors, Marine safety, Navigation BILLING CODE 4910±15±M hazards associated with the launch of (water), Reporting and recordkeeping the Super Loki Meteorological Rocket requirements, Security measures, and the subsequent splashdown of the Waterways. DEPARTMENT OF TRANSPORTATION rocket motor. Regulation Coast Guard Discussion of the Regulation For reasons set out in the preamble, This safety zone includes an 8 square 33 CFR Part 165 the Coast Guard amends 33 CFR part mile section of the Atlantic Ocean 165 as follows: [CGD 05±98±008] adjacent to the launch site at Cape Henlopen State Park in Delaware. PART 165Ð[AMENDED] RIN 2115±AA97 Specifically, the safety zone includes Safety Zone; Atlanta Ocean, Vicinity of the waters of the Atlantic Ocean that are 1. The authority citation for Part 165 Cape Henlopen State Park, DE within the area bounded by a line continues to read as follows: drawn north from the tip of Cape AGENCY: Coast Guard, DOT. Henlopen located at latitude 38°48.2′ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; ° ′ ACTION: Temporary rule. North, longitude 75 05.5 West, to a 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; ° ′ 49 CFR 1.46. point located at latitude 38 49.4 North, SUMMARY: The Coast Guard is longitude 75°05.5′ West; then east to a 2. A temporary section, 165.T01–026, establishing a safety zone in the Atlantic point located at latitude 38°49.4′ North, is added to read as follows: Ocean near Cape Henlopen State Park, longitude 75°01.0′ West; then south to a 23218 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations point located at latitude 38°43.0′ North, dated 14 November 1997, this rule is DEPARTMENT OF TRANSPORTATION longitude 75°01.0′ West; then west to a categorically excluded from further point on the shoreline located at environmental documentation. Coast Guard latitude 38°43.0′ North, longitude List of Subjects in 33 CFR Part 165 75°04.5′ West. 33 CFR Part 165 This safety zone is necessary to Harbors, Marine safety, Navigation [COTP Los Angeles-Long Beach, 97±007] protect spectators and transiting vessels (water), Reporting and recordkeeping from the potential hazards associated requirements, Security measures, RIN 2115±AA97 Waterways. with the launch of the Super Loki Safety Zone: Los Angeles Harbor; San Meteorological Rocket and subsequent For the reasons set out in the Pedro Bay, CA splashdown of the rocket motor. The preamble, 33 CFR part 165 is amended safety zone is effective on May 9 and as follows: AGENCY: Coast Guard, DOT. May 10, 1998 and will be enforced on ACTION: Final rule. those days until the Coast Guard is PART 165Ð[AMENDED] SUMMARY: satisfied that the spent rocket no longer 1. The authority citation for part 165 The Coast Guard is adopting poses a hazard to mariners. The Coast continues to read as follows: as final with changes an interim rule Guard will announce via Broadcast that modified the locations of two safety Notice to Mariners the anticipated time Authority: 33 U.S.C. 1231; 50 U.S.C. 191; zones and created an additional moving 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; safety zone surrounding the Dredge of the launch. Vessels are prohibited 49 CFR 1.46. from transiting through the safety zone FLORIDA while engaged in dredging without first obtaining permission from 2. Section 165.T05.008 is added to operations associated with Stage II of the Captain of the Port, Philadelphia. read as follows: the Pier 400 project, in Los Angeles Harbor and San Pedro Bay, CA. Regulatory Evaluation § 165.T05.008 Safety Zone: Atlantic Ocean, Vicinity of Cape Henlopen State Park, DATES: This regulation is effective from This temporary rule is not a Delaware. 6 a.m. PDT on May 28, 1998 until 11:59 significant regulatory action under (a) Location. The following area is a PST on December 31, 1999. section 3(f) of Executive Order 12866 safety zone: All the waters of the ADDRESSES: Documents as indicated in and does not require an assessment of Atlantic Ocean that are within the area this preamble are available for potential costs and benefits under bounded by a line drawn north from the inspection or copying at the U.S. Coast section 6(a)(3) of that order. It has been tip of Cape Henlopen located at latitude Guard Marine Safety Office Los exempted from review by the Office of 38°48.2′ North, longitude 75°05.5′ West, Angeles-Long Beach, 165 N. Pico Management and Budget under that to a point located at latitude 38°49.4′ Avenue, Long Beach, CA 90802. order. It is not significant under the ° ′ North, longitude 75 05.5 West; thence FOR FURTHER INFORMATION CONTACT: regulatory policies and procedures of east to a point located at latitude the Department of Transportation (DOT) Lieutenant Keith Whiteman, Chief, Port 38°49.4′ North, longitude 75°01.0′ West; Safety and Security Division, Marine (44 FR 11040; February 26, 1979). The thence south to a point located at Coast Guard expects the economic Safety Office Los Angeles-Long Beach; latitude 38°43.0′ North, longitude (562) 980–4454. impact of this temporary rule to be so ° ′ 75 01.0 West; thence west to a point on SUPPLEMENTARY INFORMATION: minimal that a full Regulatory the shoreline located at latitude 38°43.0′ Evaluation under paragraph 10e of the North, longitude 75°04.5′ West. All Regulatory History regulatory policies and procedures of coordinates reference Datum: NAD On November 19, 1997, the Coast DOT is unnecessary. Because the 1983. regulated area is limited to 8 square Guard published an interim rule with (b) Effective Dates. This section is request for comments for this regulation miles and will only be enforced while effective May 9 and May 10, 1998. the rocket’s spent motor poses a hazard, in the Federal Register (62 FR 61630). (c) General Information. The public was given until January 20, the impact on routine navigation is (1) The Captain of the Port and the 1998, to comment on the regulation. No expected to be minimal. Duty Officer at the Marine Safety Office, public comments were received with Philadelphia, Pennsylvania, can be Collection of Information respect to the interim rule. contacted at telephone number (215) This temporary rule contains no 271–4940 and on VHF channels 13 and Background and Purpose Collection of Information requirements 16. In the interim rule, the Coast Guard under the Paperwork Reduction Act (44 (2) The Captain of the Port may U.S.C. 3501–3520). revised the safety zone boundaries authorize and designate any Coast codified in 33 CFR Part 165.1110 to Federalism Guard commissioned, warrant, or petty better conform with the location of officer to act on his behalf in enforcing The Coast Guard has analyzed this dredging and landfill activities this safety zone. associated with stage II of the Pier 400 temporary rule under the principles and (d) Regulation. The general project. The Coast Guard also added a criteria contained in Executive Order regulations governing safety zones third safety zone encompassing all 12612 and has determined that this contained in § 165.23 apply. Vessels navigable waters within 50 yards on all action does not have sufficient may not transit the safety zone without sides of the Dredge FLORIDA while it is federalism implications to warrant the first obtaining permission from the engaged in dredging operations relating preparation of a Federalism Assessment. Captain of the Port. to the Pier 400 project, provided the Environment Dated: April 3, 1998. FLORIDA is located within 3 nautical The Coast Guard considered the John E. Veentjer, miles of the baseline from which the environmental impact of this temporary Captain, U.S. Coast Guard, Captain of the United States’ territorial sea is rule and concluded that, under section Port, Philadelphia, PA. measured. The new safety zones will 2.b.2.b and item (34)(g) of Figure 2–1 of [FR Doc. 98–11225 Filed 4–27–98; 8:45 am] remain in effect for the duration of the Commandant Instruction M16475.1C BILLING CODE 4910±15±M Pier 400 project. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23219

Discussion of Regulation Regulatory Evaluation, the Coast Guard effective, or least burdensome The construction of Stage II of the Pier certifies under 5 U.S.C. 605(b) that this alternative that achieves the objective of 400 project officially began on July 15, rule is not expected to have a significant the rule be selected. 1997. These revised safety zones are economic impact on any substantial No state, local, or tribal government necessary for safeguarding recreational number of entities, regardless of their entities will be affected by this rule, so and commercial vessels from the size. this rule will not result in annual or aggregate costs of $100 million or more. dangers of the dredging and landfill Assistance for Small Entities activities in the project area and to Therefore, the Coast Guard is exempt prevent interference with vessels In accordance with § 213(a) of the from any further regulatory engaged in these operations. All persons Small Business Regulatory Enforcement requirements under the Unfunded and vessels are prohibited from entering Fairness Act of 1996 (Pub. L. 104–121), Mandates Act. the Coast Guard wants to assist small into, transiting through or anchoring List of Subjects in 33 CFR Part 165 within the safety zone unless authorized entities in understanding this rule so Harbors, Marine safety, Navigation by the Captain of the Port Los Angeles- that they can better evaluate its effects (water), Reporting and recordkeeping Long Beach, CA. on them and participate in the rulemaking process. If your small requirements, Security measures, Discussion of Changes business or organization is affected by Waterways. The safety zones published in the this rule and you have questions Regulation interim rule with request for comments concerning its provisions or options for (62 FR 61630) are being adopted with a compliance, please contact Lieutenant Accordingly, the interim rule correction to one of the latitudinal Keith Whiteman, Marine Safety Office amending 33 CFR part 165 which was coordinates defining the boundary of Los Angeles-Long Beach, Long Beach, published at 62 FR 61630 on November the Pier 400 safety zone: the correct CA, at (562) 980–4454. 19, 1997, is adopted as a final rule with the following change: third latitudinal coordinate defining the Collection of Information boundary of the Pier 400 safety zone is PART 52Ð[AMENDED] 33°43′3.50′′N, vice 33°43′48.50′′N, This regulation contains no collection which was incorrectly published in the of information requirements under the 1. The authority citation for Part 165 interim rule. This change actually Paperwork Reduction Act (44 U.S.C. continues to read as follows: 3501 et seq). decreases the size of the safety zone and Authority: 33 U.S.C. 1231; 50 U.S.C. 191; will not negatively impact port users. Federalism and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; 49 CFR 1.46. Regulatory Assessment The Coast Guard has analyzed this The final rule is not a significant regulation under the principles and 2. Section 165.1110 is revised to read regulatory action under section 3(f) of criteria contained in Executive Order as follows: Executive Order 12866 and does not 12612 and has determined that this rule § 165.1110 Safety Zone: Los Angeles require an assessment of potential costs does not have sufficient federalism Harbor; San Pedro Bay, CA. and benefits under section 6(a)(3) of that implications to warrant the preparation (a) Location. The following areas are order. It has been exempted from review of a Federalism Assessment. established as safety zones: by the Office of Management and Environmental Assessment (1) Pier 400: Those waters of Los Budget under that order. It is not Angeles Harbor and San Pedro Bay in The Coast Guard considered the significant under the regulatory policies the vicinity of Pier 400 as defined by the environmental impact of this regulation and procedures of the Department of lines connecting the following and concluded that under paragraph Transportation (DOT) (44 FR 11040; coordinates. 2.B.2.b.(34)(g) of Commandant February 26, 1979). The Coast Guard Latitude Longitude expects the economic impact of this Instruction M16475.1C, this rule is 33–44′–29.06′′N 118–14′–17.25′′W regulation to be so minimal that a full categorically excluded from further ′ ′′ ′ ′′ environmental documentation. This 33–43 –48.06 N 118–13 –59.25 W Regulatory Evaluation under paragraph 33–43′–03.50′′N 118–14′–11.72′′W 10(e) of the regulatory policies and regulation is not expected to 33–42′–45.17′′N 118–15′–04.78′′W procedures of the Department of individually or cumulatively have a 33–43′–00.00′′N 118–15′–29.90′′W Transportation is unnecessary. Due to significant effect on the human 33–43′–21.94′′N 118–15′–41.51′′W the limited geographical scope of the environment. A Categorical Exclusion 33–43′–45.04′′N 118–15′–30.81′′W exclusionary areas created by this rule, Determination and an Environmental 33–43′–58.55′′N 118–14′–44.38′′W only minor delays to mariners are Analysis Checklist is available for 33–44′–03.70′′N 118–14′–26.65′′W foreseen, as vessel traffic can be directed inspection and copying in the docket to and thence to the point of origin. All around the area of the safety zones. be maintained where indicated under coordinates use Datum: NAD 83. ADDRESSES. Small Entities (2) Shallow Water Habitat Extension: Unfunded Mandates Those waters of Los Angeles Harbor and Under the Regulatory Flexibility Act San Pedro Bay as defined by the lines (5 U.S.C. 601 et seq.), the Coast Guard Under the Unfunded Mandates connecting the following coordinates. must consider whether this rule will Reform Act of 1995 (Pub. L. 104–4), the Latitude Longitude have a significant economic impact on Coast Guard must consider whether this ′ ′′ ′ ′′ a substantial number of small entities. rule will result in an annual 33–42 –32.10 N 118–15 –00.00 W 33–42′–49.84′′N 118–15′–41.51′′W Small entities may include small expenditure by state, local, and tribal 33–42′–47.06′′N 118–15′–58.26′′W businesses and not-for-profit governments, in the aggregate of $100 33–42′–24.99′′N 118–15′–23–59′′W organizations that are not dominant in million (adjusted annually for inflation). their respective fields, and If so, the Act requires that a reasonable and thence to the point of origin. All governmental jurisdictions with number of regulatory alternatives be coordinates use Datum: NAD 83. populations less than 50,000. For the considered, and that from those same reasons set forth in the above alternatives, the least costly, most cost- 23220 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

(3) Moving Safety Zone: Dredge meters (50 feet), $500, (approximately review, and with the purpose of FLORIDA. All waters within 50 yards on 194 PC/UMS Net Tons at the current recovering some of the resources all sides of the Dredge FLORIDA, when laden rate); 2) more than 15.24 meters expended in the transit of small vessels, it is within three nautical miles of the (50 feet) up to 24.38 meters (80 feet), the Board approved the implementation base line from which the United States $750, (approximately 291 PC/UMS Net of a modified, four-tier minimum toll territorial sea is measured and engaged Tons at the current laden rate); 3) more based on the overall length of small in dredging operations associated with than 24.38 meters (80 feet) up to 30.48 vessels transiting the waterway. The the Pier 400 project. meters (100 feet), $1,000, implementation date of the proposal (b) Dates. This section is effective (approximately 389 PC/UMS Net Tons was also delayed to accommodate, to from 6 a.m. PDT on May 28, 1998 at the current laden rate); and, 4) more some extent, those Canal customers through 11:59 p.m. PST on December than 30.48 meters (100 feet), $1,500, concerned with the impact a minimum 31, 1999. (approximately 583 PC/UMS Net Tons toll would have on them. (c) Regulations. In accordance with at the current laden rate). The Panel Report more fully the general regulations in § 165.23 of In November, 1997, President Clinton addresses the most significant signed into law an amendment to Public this part, entry into, transit through, or comments submitted by interested Law 96–70, section 1602 (22 U.S.C. anchoring within any of these safety parties, either in writing or in testimony 3792) which expanded the authority of zones is prohibited unless authorized by at the public hearing. Any interested the Commission to fix tolls for small the Captain of the Port Los Angeles- party, upon request and payment of vessels seeking to transit the Panama Long Beach, CA. duplicating costs, may obtain a copy of Canal. On January 5, 1998, a notice of Dated: April 13, 1998. the report by contacting the proposed rulemaking was published in G.F. Wright, Commission. the Federal Register (63 FR 186). The Captain, U.S. Coast Guard, Captain of the Commission proposed to set a fixed, Section 1602(b) of the Panama Canal Port, Los Angeles-Long Beach, California. minimum toll for certain small vessels Act of 1979, as amended, (22 U.S.C. [FR Doc. 98–11224 Filed 4–27–98; 8:45 am] transiting the Panama Canal. The 3792(b)), requires Canal tolls be BILLING CODE 4910±15±M proposal required all vessels with PC/ prescribed at rates calculated to produce UMS Net Tonnages (laden or ballast) or revenues which cover as nearly as displacement tonnage which would practicable all costs of maintaining and PANAMA CANAL COMMISSION result in a toll of less than $1,500 to pay operating the Panama Canal, as well as produce capital for plant replacement, RIN 3207±AA45 a fixed, minimum toll of $1,500. This change was deemed necessary because expansion and improvements. With the 35 CFR Parts 133 and 135 small vessels impose administrative implementation of this rule, the costs and logistical problems which are Commission will better utilize the Tolls for Use of Canal; Rules for not offset by the tolls they currently pay. operational, administrative, and Measurement of Vessels To ensure maximum notification and financial resources involved in the participation in the rulemaking process, transit of small vessels. AGENCY: Panama Canal Commission. the Commission issued several official The Commission is exempt from ACTION: Final rule. announcements of its proposal through Executive Order 12866 and its SUMMARY: The Panama Canal press releases, the local media, and also provisions do not apply to this rule. Commission (Commission) is published the proposal at the Even if the Order were applicable, the establishing new toll rates for certain Commission’s web site on the Internet. rule would not have a significant small vessels using the waterway. These A written analysis of the proposal economic impact on a substantial new tolls are based on the overall length explaining the proposed toll change was number of small entities under the of the vessels. made available to interested parties. Regulatory Flexibility Act. The The Commission considers this This document stated the proposed implementation of the rule will have no increase necessary to recover a portion revision to toll charges would produce adverse effect on competition, of the resources expended in the transit revenues sufficient to offset some of the employment, investment, productivity, of small vessels and to provide a more administrative and operating costs innovation, or on the ability of United efficient use of Canal capacity and actually incurred by the Commission in States-based enterprises to compete resources. This toll increase complies transiting this type of vessel. with foreign-based enterprises in The Commission solicited written with the statutory requirement which domestic or export markets. comments from the public and received requires the Commission to produce over 92 responses from several sectors Finally, the Secretary of the Panama revenues sufficient to cover all costs of of the local and international maritime Canal Commission certifies these maintenance and operation of the community. In addition, a hearing was changes meet the applicable standards Panama Canal, including capital for held in the Republic of Panama on set out in sections 2(a) and 2(b)(2) of plant replacement, expansion and February 13, 1998, at the Miraflores Executive Order 12778. improvements. Visitors Pavilion Theater. A complete List of Subjects DATES: Effective June 1, 1998. record of that proceeding, including the FOR FURTHER INFORMATION CONTACT: John data and comments submitted by 35 CFR Part 133 A. Mills, Telephone: (202) 634–6441, interested parties, is contained in the Navigation, Panama Canal, Vessels. Facsimile: (202) 634–6439, E-mail: Panel Report to the Board of Directors [email protected]; or Department of (Board) of the Commission, and is 35 CFR Part 135 Financial Management, Telephone: 011 available to the public. The views and (507) 272–3137, Facsimile: 011 (507) arguments presented by interested Measurement, Panama Canal, Vessels. 272–3433, E-mail: [email protected]. parties, as well as other relevant For the reasons stated in the SUPPLEMENTARY INFORMATION: These new information, were considered by the preamble, the Panama Canal tolls are based on the overall length of Board during its quarterly meeting on Commission is amending 35 CFR parts the vessel as follows: 1) up to 15.24 March 30, 1998. Based upon this 133 and 135 as follows: Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23221

PART 133ÐTOLLS FOR USE OF (a) On merchant vessels, yachts, army hospital ships and supply ships, $1.43 CANAL and navy transports, colliers, hospital per ton of displacement. ships, and supply ships, when carrying (d) On small vessels which, under 1. The authority citation for part 133 passengers or cargo, $2.57 per PC/UMS continues to read as follows: paragraphs (a) through (c), would be Net Ton—that is, the Net Tonnage assessed a toll of less than $1,500, a Authority: 22 U.S.C. 3791–3792, 3794. determined in accordance with part 135 minimum toll based upon their length of this chapter. 2. Section 133.1 is revised to read as overall in accordance with the following follows: (b) On vessels in ballast without passengers or cargo, $2.04 per PC/UMS table: § 133.1 Rates of Toll. Net Ton. The following rates of toll shall be (c) On other floating craft including paid by vessels using the Panama Canal: warships, other than transports, colliers, Up to 15.24 meters (50 feet) ...... $500, i.e., approximately 194 PC/UMS Net Tons at the current laden rate. More than 15.24 meters (50 feet) up to 24.38 meters (80 feet) ...... $750, i.e., approximately 291 PC/UMS Net Tons at the current laden rate. More than 24.38 meters (80 feet) up to 30.48 meters (100 feet) ...... $1,000, i.e., approximately 389 PC/UMS Net Tons at the current laden rate. More than 30.48 meters (100 feet) ...... $1,500, i.e., approximately 583 PC/UMS Net Tons at the current laden rate.

(e) Vessels with structural features ENVIRONMENTAL PROTECTION incorporate by reference EPA’s approval which render the application of AGENCY of recent revisions to New Mexico’s paragraph (d) of this section program. unreasonable or impractical, as 40 CFR Part 272 DATES: Final authorization for New determined by the Panama Canal [FRL±5988±2] Mexico’s program revisions shall be Commission, shall have a PC/UMS Net effective July 13, 1998 unless EPA Tonnage or displacement tonnage New Mexico: Final Authorization and publishes a prior FR action withdrawing determined and shall have the toll Incorporation by Reference of State this immediate final rule. All comments assessed in accordance with paragraphs Hazardous Waste Management on New Mexico’s program revisions (a), (b) or (c) of this section, provided Program must be received by the close of that tonnage determination results in AGENCY: Environmental Protection business May 28, 1998. The tonnage greater than the equivalent of Agency (EPA). incorporation of certain publications 583 PC/UMS Net Tons. ACTION: Immediate final rule. listed in the regulations is approved by the Director of the Federal Register as of PART 135ÐRULES FOR SUMMARY: New Mexico has revised its MEASUREMENT OF VESSELS July 13, 1998 in accordance with 5 hazardous waste program under the U.S.C. 552(a) and 1 CFR part 51. Resource Conservation and Recovery 1. The authority citation for part 135 Act (RCRA). The EPA has reviewed New ADDRESSES: Copies of New Mexico’s continues to read as follows: Mexico’s changes to its program and has program revisions and materials EPA Authority: 22 U.S.C. 3791–3792, 3794. made a decision, subject to public used in evaluating the revisions are review and comment, that New available for copying from 8:30 a.m. to 2. Section 135.1 is amended by Mexico’s hazardous waste program 4 p.m. Monday through Friday, at the adding at the end thereof two new revisions satisfy all of the requirements following addresses: New Mexico sentences to read as follows: necessary to qualify for final Environment Department, 1190 St authorization. Unless adverse written § 135.1 Scope. Francis Drive, Santa Fe, New Mexico comments are received during the 87502, Phone number: (505) 827–1558; ** * Vessels measuring not more review and comment period provided EPA Region 6 Library, 12th Floor, 1445 than 30.48 meters (100 feet) in length for public participation in this process, Ross Avenue, Dallas, Texas 75202–2733, overall are not required to be measured. EPA’s decision to approve New Phone number: (214) 665–6444. Written If the Panama Canal Commission Mexico’s hazardous waste program comments referring to Docket Number determines the toll provided in § 133.1 revisions will take effect as provided NM98–1 should be sent to Alima below. New Mexico’s program revisions (d) will apply, the vessel need not be Patterson, Region 6 Authorization are available for public review and assigned a PC/UMS Net Tonnage. Coordinator, Grants and Authorization comment. Section (6PD–G), Multimedia Planning Dated: April 23, 1998. The EPA uses part 272 of Title 40 John A. Mills, Code of Federal Regulations (CFR) to and Permitting Division, EPA Region 6, Secretary. provide notice of the authorization 1445 Ross Avenue, Dallas, Texas 75202– 2733, Phone number: (214) 665–8533. [FR Doc. 98–11269 Filed 4–27–98; 8:45 am] status of State programs, and to BILLING CODE 3640±04±P incorporate by reference EPA’s approval FOR FURTHER INFORMATION CONTACT: of those provisions of the State statutes Alima Patterson, Region 6 Authorization and regulations that EPA will enforce Coordinator, Grants and Authorization under RCRA sections 3008, 3013 and Section (6PD–G), Multimedia Planning 7003. Thus, EPA intends to incorporate and Permitting Division, EPA Region 6, the New Mexico Authorized State 1445 Ross Avenue, Dallas, Texas 75202– Program by reference in 40 CFR part 2733, Phone number: (214) 665–8533. 272. The purpose of this action is to 23222 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

SUPPLEMENTARY INFORMATION: revisions satisfy all of the requirements operate its hazardous waste program as I. Authorization of State Initiated necessary to qualify for final revised assuming no adverse comments Changes authorization. Consequently, EPA grants are received, as discussed above. final authorization for the additional New Mexico now has responsibility A. Background program modifications to New Mexico’s for permitting treatment, storage, and States with final authorization under hazardous waste program. As explained disposal facilities within its borders and section 3006(b) of the RCRA, 42 U.S.C. in the Proposed Rule section of today’s carrying out the aspects of the RCRA 6926(b), have a continuing obligation to FR, the public may submit written program described in its revised maintain a hazardous waste program comments on EPA’s immediate final program application, subject to the that is equivalent to, consistent with, decision until June 12, 1998. Copies of limitations of the HSWA. New Mexico and no less stringent than the Federal New Mexico’s program revisions are also has primary enforcement available for inspection and copying at hazardous waste program. In addition, responsibilities, although EPA retains the locations indicated in the as an interim measure, the Hazardous the right to conduct inspections under and Solid Waste Amendments of 1984 ADDRESSES section of this document. Approval of New Mexico’s program section 3007 of RCRA and to take (Public Law 98–616, November 8, 1984, revision shall become effective in 75 enforcement actions under sections hereinafter HSWA) allow States to days unless an adverse comment 3008, 3013 and 7003 of RCRA. revise their programs to become pertaining to the State’s revision substantially equivalent instead of II. Incorporation by Reference discussed in this notice is received by equivalent to RCRA requirements the end of the comment period. If an A. Background promulgated under HSWA authority. adverse comment is received EPA will States exercising the latter option publish either: (1) a withdrawal of the Effective December 13, 1993, August receive ‘‘interim authorization’’ for the immediate final decision or, (2) a notice 21, 1995 and November 18, 1996, EPA HSWA requirements under section containing a response to comments incorporated by reference New Mexico’s 3006(g) of RCRA, 42 U.S.C. 6926(g), and which either affirms that the immediate then authorized hazardous waste later apply for final authorization for the final decision takes effect or reverses the program (58 FR 52677, 60 FR 32113 and HSWA requirements. decision. 61 FR 49265). Effective March 10, 1997 Revisions to State hazardous waste New Mexico is authorized to carry (61 FR 67474), EPA granted programs are necessary when Federal or out, in lieu of the Federal program, the authorization to New Mexico for State statutory or regulatory authority is State-initiated changes to Title 20, additional program revisions. In this modified or when certain other changes Chapter 4, Part 1, New Mexico document, EPA is incorporating the occur. Most commonly, State program Annotated Code (20 NMAC 4.1), currently authorized State hazardous revisions are necessitated by changes to Sections 4.1.300 and 4.1.301 (analogous waste program in New Mexico. EPA’s regulations in 40 CFR parts 124, to 40 CFR Part 262) and 4.1.901.A.1 The EPA provides both notice of its 260 through 266, 268, 270, 273, and 279. (analogous to 40 CFR 124.6(a)). The approval of State programs in 40 CFR B. New Mexico State regulations were effective part 272 and incorporates by reference November 1, 1995. In addition, EPA is The State of New Mexico received therein the State statutes and authorizing changes to 4.1.1109 which regulations that EPA will enforce under final authorization to implement its base was effective November 1, 1995. This hazardous waste management program, sections 3008, 3013 and 7003 of RCRA. provision does not have a direct analog This effort will provide clearer notice to on January 25, 1985, (50 FR 1515). New in the Federal RCRA regulations Mexico received authorization for the public of the scope of the authorized however, none of these provisions are program in New Mexico. Such notice is revisions to its program on April 10, considered broader in scope than the 1990 (55 FR 4604); July 25, 1990 (55 FR particularly important in light of Federal program. This is so because HSWA, (PL 98–616). Revisions to State 28397); December 4, 1992 (57 FR these provisions were either previously 45717); August 23, 1994 (59 FR 29734); hazardous waste programs are necessary authorized as part of New Mexico’s base when Federal statutory or regulatory December 21, 1994 (59 FR 51122); July authorization or have been added to 10, 1995 (60 FR 20238); January 2, 1996 authority is modified. Because HSWA make the State’s regulations internally extensively amended RCRA, State (60 FR 53708) as affirmed by EPA in the consistent with changes made for the Federal Register notice published on programs must be modified to reflect other authorizations listed in the first those amendments. By incorporating by January 26, 1996 (61 FR 2450)); and paragraph of this section. The EPA has March 10, 1997 (61 FR 67474). The reference the authorized New Mexico reviewed these provisions and has program and by amending the CFR authorized New Mexico RCRA program determined that they are consistent with was incorporated by reference to the whenever a new or different set of and no less stringent than the Federal requirements is authorized in New CFR, effective December 13, 1993 (58 FR requirements. Additionally, this 52677); August 21, 1995 (60 FR 32113); Mexico, the status of Federally authorization does not affect the status approved requirements of the New and November 18, 1996 (61 FR 49265). of State permits and those permits With respect to today’s document, Mexico program will be readily issued by EPA because no new discernible. New Mexico has made conforming substantive requirements are a part of changes to make its regulations these revisions. The Agency will only enforce those internally consistent relative to the New Mexico is not authorized to provisions of the New Mexico revisions made for the above listed operate the Federal program on Indian hazardous waste management program authorizations. New Mexico has also lands. This authority remains with EPA. for which authorization approval has changed its regulations to make them been granted by EPA. This document more consistent with the Federal C. Decision incorporates by reference provisions of requirements. The EPA has reviewed I conclude that New Mexico’s State hazardous waste statutes and these changes and has made an program revisions meet all of the regulations and clarifies which of these immediate final decision, in accordance statutory and regulatory requirements provisions are included in the with 40 CFR 271.21(b)(3), that New established by RCRA. Accordingly, New authorized and Federally enforceable Mexico’s hazardous waste program Mexico is granted final authorization to program. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23223

B. New Mexico Authorized Hazardous 1984 (48 FR 3977, 48 FR 39611, 48 FR that are immediately effective in New Waste Program 52718, 49 FR 5308, and 49 FR 10490); Mexico and other States. Section The EPA is incorporating by reference amendments to the Toxicity 3006(g) of RCRA provides that any the New Mexico authorized hazardous Characteristic Rule as published on requirement or prohibition of HSWA waste program in subpart GG of 40 CFR October 5, 1990 (55 FR 40834), February (including implementing regulations) part 272. The State statutes and 1, 1991 (56 FR 3978), February 13, 1991 takes effect in authorized States at the regulations are incorporated by (56 FR 5910) and April 2, 1991 (56 FR same time that it takes effect in reference at § 272.1601(b)(1) and the 13406); amendments to the F037 and nonauthorized States. Thus, EPA has F038 listings as published on May 13, immediate authority to implement a Memorandum of Agreement, the 1991 (56 FR 21955); amendments to 40 HSWA requirement or prohibition once Attorney General’s Statement and the CFR parts 260, 261, 264, 265 and 266 it is effective. A HSWA requirement or Program Description are referenced at relative to the Recycled Used Oil prohibition supercedes any less § 272.1601(b)(5), (b)(6) and (b)(7), Management Standards, as published on stringent or inconsistent State provision respectively. September 10, 1992 (57 FR 41565) and which may have been previously The Agency retains the authority May 3, 1993 (58 FR 26420); authorized by EPA (50 FR 28702, July under sections 3007, 3008, 3013 and amendments to the Boilers and 15, 1985). 7003 of RCRA to undertake enforcement Industrial Furnace Rule as published on Because of the vast number of HSWA actions in authorized States. With November 9, 1993 (58 FR 59598); statutory and regulatory requirements respect to such an enforcement action, amendments to 40 CFR part 261 taking effect over the next few years, the Agency will rely on Federal addressing Conditional Exemption for EPA expects that many previously sanctions, Federal inspection Scale Treatability Studies as published authorized and incorporated by authorities, and the Federal on February 18, 1994 (59 FR 8362) and reference State provisions will be Administrative Procedure Act rather amendments to 40 CFR part 264 affected. The States are required to than the authorized State analogues to regarding Letter of Credit as published revise their programs to adopt the these requirements. Therefore, the on June 10, 1994 (59 FR 29958). HSWA requirements and prohibitions Agency does not intend to incorporate Therefore, these Federal amendments by the deadlines set forth in 40 CFR by reference for purposes of included in New Mexico’s adoption by 271.21, and then to seek authorization enforcement such particular, authorized reference of the Federal code at Title 20, for those revisions pursuant to 40 CFR New Mexico enforcement authorities. Chapter 4, Part 1, New Mexico part 271. The EPA expects that the Section 272.1601(b)(2) of 40 CFR lists Administrative Code (20 NMAC 4.1), States will be modifying their programs those authorized New Mexico Subparts I, II, V, VI, and VII are not substantially and repeatedly. Instead of authorities that are part of the Federally enforceable. amending the 40 CFR part 272 every authorized program but are not Since EPA cannot enforce a State’s time a new HSWA provision takes effect incorporated by reference. requirements which have not been under the authority of RCRA section The public also needs to be aware that reviewed and approved according to the 3006(g), EPA will wait until the State some provisions of the State’s hazardous Agency’s authorization standards, it is receives authorization for its analog to waste management program are not part important that EPA clarify any the new HSWA provision before of the Federally authorized State limitations on the scope of a State’s amending the State’s 40 CFR part 272 program. These non-authorized approved hazardous waste program. incorporation by reference. In the provisions include: Thus, in those instances where a State’s interim, persons wanting to know (1) provisions that are not part of the method of adopting Federal law by whether a HSWA requirement or RCRA subtitle C program because they reference has the effect of including prohibition is in effect should refer to 40 are ‘‘broader in scope’’ than RCRA unauthorized requirements, EPA will CFR 271.1(j), as amended, which lists subtitle C (see 40 CFR 271.1(i)); provide this clarification by: (1) each such provision. (2) Federal rules for which New incorporating by reference the relevant The incorporation by reference of Mexico is not authorized, but which State legal authorities according to the State authorized programs in the CFR have been incorporated into the State requirements of the Office of Federal should substantially enhance the regulations because of the way the State Register; and (2) subsequently public’s ability to discern the current adopted Federal regulations by identifying in 272.1601(b)(4) any status of the authorized State program reference. requirements which, while adopted and and clarify the extent of Federal State provisions which are ‘‘broader incorporated by reference, are not enforcement authority. This will be in scope’’ than the Federal program are authorized by EPA, and therefore are particularly true as more State program not part of the State’s authorized not Federally enforceable. Thus, revisions to adopt HSWA provisions are program and are not incorporated by notwithstanding the language in the authorized. reference in 40 CFR part 272. Section New Mexico hazardous waste Unfunded Mandates Reform Act 272.1601(b)(3) of 40 CFR lists for regulations incorporated by reference at reference and clarity the New Mexico 272.1601(b)(1), EPA would only enforce Title II of the Unfunded Mandates provisions which are ‘‘broader in scope’’ the State provisions that are actually Reform Act of 1995 (UMRA), Public than the Federal program and which are authorized by EPA. With respect to Law 104–4, establishes requirements for not, therefore, part of the authorized HSWA requirements for which the State Federal agencies to assess the effects of program being incorporated by has not yet been authorized, EPA will certain regulatory actions on State, reference. ‘‘Broader in scope’’ continue to enforce the Federal HSWA local, and tribal governments and the provisions will not be enforced by EPA; standards until the State receives private sector. Under sections 202 and the State, however, will continue to specific HSWA authorization from EPA. 205 of the UMRA, EPA generally must enforce such provisions. prepare a written statement of economic New Mexico has adopted but is not C. HSWA Provisions and regulatory alternatives analyses for authorized for the Federal rules As noted above, the Agency is not proposed and final rules with Federal published in the Federal Register from amending 40 CFR part 272 to include mandates, as defined by the UMRA, that January 28, 1983 through March 20, HSWA requirements and prohibitions may result in expenditures to State, 23224 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations local, and tribal governments, in the a substantial number of small entities. List of Subjects in 40 CFR Part 272 aggregate, or to the private sector, of Such small entities which are hazardous Environmental Protection, $100 million or more in any one year. waste generators, transporters, or which Administrative practice and procedure, The sections 202 and 205 requirements own and/or operate treatment, storage, Confidential business information, do not apply to today’s action because or disposal facilities are already subject Hazardous waste transportation, it is not a ‘‘Federal mandate’’ and to the state requirements authorized by Hazardous waste, Incorporation by because it does not impose annual costs EPA under 40 CFR part 271. The EPA’s reference, Indian lands, of $100 million or more. authorization and codification does not Intergovernmental relations, Penalties, Today’s rule contains no Federal impose any additional burdens on these Reporting and recordkeeping mandates for State, local or tribal small entities. This is because EPA’s requirements, Water pollution control, governments or the private sector for codification would simply result in an Water supply. two reasons. First, today’s action does administrative change, rather than a not impose new or additional change in the substantive requirements Authority: This notice is issued under the enforceable duties on any State, local or imposed on small entities. authority of Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as tribal governments or the private sector Therefore, EPA provides the following because it merely grants authorization amended 42 U.S.C. 6912(a), 6926, 6974(b). certification under the Regulatory Dated: March 19, 1998. for existing requirements with which Flexibility Act, as amended by the Lynda F. Carroll, regulated entities must already comply Small Business Regulatory Enforcement under State law. Second, the Act also Fairness Act. Pursuant to the provision Acting Deputy Regional Administrator, Region 6. generally excludes from the definition at 5 U.S.C. 605(b), I hereby certify that of a ‘‘Federal mandate’’ duties that arise this codification will not have a 40 CFR part 272 is amended as from participation in a voluntary significant economic impact on a follows: Federal program. The requirements substantial number of small entities. being authorized and codified today are This codification incorporates New PART 272ÐAPPROVED STATE the result of New Mexico’s voluntary Mexico’s requirements into the CFR HAZARDOUS WASTE MANAGEMENT participation in accordance with RCRA which have been authorized by EPA PROGRAMS subtitle C. under 40 CFR part 271. It does not Even if today’s rule did contain a 1. The authority citation for part 272 impose any new burdens on small Federal mandate, this rule will not continues to read as follows: entities. This rule, therefore, does not result in annual expenditures of $100 Authority: Sections 2002(a), 3006, and require a regulatory flexibility analysis. million or more for State, local, and/or 7004(b) of the Solid Waste Disposal Act, as tribal governments in the aggregate, or Submission to Congress and the amended by the Resource Conservation and the private sector because today’s action Comptroller General Recovery Act of 1976, as amended, 42 U.S.C. grants authorization as well as 6912(a), 6926, and 6974(b). The Congressional Review Act, 5 incorporating by reference an existing 2. Subpart GG is amended by revising U.S.C. 801 et seq., as added by the Small State program that EPA previously § 272.1601 to read as follows: authorized. Thus, today’s rule is not Business Regulatory Enforcement subject to the requirements of sections Fairness Act of 1996, generally provides § 272.1601 New Mexico State- 202 and 205 of the UMRA. that before a rule may take effect, the Administered Program: Final Authorization. The requirements of section 203 of agency promulgating the rule must (a) Pursuant to section 3006(b) of UMRA also do not apply to today’s submit a rule report, which includes a RCRA, 42 U.S.C. 6926(b), New Mexico action. Before EPA establishes any copy of the rule, to each House of the has final authorization for the following regulatory requirements that may Congress and to the Comptroller General elements as submitted to EPA in New significantly or uniquely affect small of the United States. The EPA submitted Mexico’s base program application for governments, including tribal a report containing this rule and other final authorization which was approved governments, section 203 of UMRA required information to the U.S. Senate, by EPA effective January 25, 1985. requires EPA to develop a small the U.S.House of Representatives and Subsequent program revision government agency plan. This rule the Comptroller General of the United applications were approved effective on contains no regulatory requirements that States prior to publication of the rule in April 10, 1990, July 25, 1990, December might significantly or uniquely affect the Federal Register. This rule is not a 4, 1992, August 23, 1994, December 21, small governments. The Agency ‘‘major rule’’ as defined by 5 U.S.C. 1994, July 10, 1995, January 2, 1996, recognizes that although small 804(2). March 10, 1997 and June 13, 1998. governments may be hazardous waste Compliance With Executive Order (b) State Statutes and Regulations. generators, transporters, or own and/or 12866 (1) The New Mexico statutes and operate treatment, storage, and disposal regulations cited in this paragraph are facilities, this codification incorporates The Office of Management and Budget incorporated by reference as part of the into the CFR New Mexico’s has exempted this rule from the hazardous waste management program requirements which have already been requirements of Section 6 of Executive under subtitle C of RCRA, 42 U.S.C. authorized by EPA under 40 CFR part Order 12866. 6921 et seq. 271 and, thus, small governments are Paperwork Reduction Act (i) The EPA Approved New Mexico not subject to any additional significant Statutory Requirements Applicable to or unique requirements by virtue of this Under the Paperwork Reduction Act, the Hazardous Waste Management authorization and codification. 44 U.S.C. 3501 et seq., Federal agencies Program, dated September 1997. must consider the paperwork burden (ii) The EPA Approved New Mexico Certification Under the Regulatory imposed by any information request Regulatory Requirements Applicable to Flexibility Act contained in a proposed rule or a final the Hazardous Waste Management The EPA has determined that this rule. This rule will not impose any Program, dated September 1997. authorization and codification will not information requirements upon the (2) The following statutes and have a significant economic impact on regulated community. regulations concerning State Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23225 enforcement, although not incorporated 74–4–4.2H, 74–4–4.2I, 74–4–4.3 (except Federal program, are not part of the by reference, are part of the authorized 74–4–4.3A(2) and 74–4–4.3F), 74–4– authorized program, and are not State program: 4.7B, 74–4–4.7C, 74–4–5, 74–4–7, 74–4– incorporated by reference: (i) New Mexico Statutes 1978 10, 74–4–10.1 (except 74–4–10.1C), 74– (ii) New Mexico Statutes 1978 Annotated, Inspection of Public Records 4–11 through 74–4–14. Act, Chapter 14, Article 2, (1994 (iii) Title 20, Chapter 4, Part 1, New Annotated, Hazardous Waste Act, Cumulative Supplement), Sections 14– Mexico Administrative Code (20 NMAC Chapter 74, Article 4, (1993 2–1 et seq. 4.1), effective November 11, 1995, Replacement Pamphlet), Sections 74–4– (ii) New Mexico Statutes 1978 Subpart IX, Section 4.1.901 (except 3.3 and 74–4–4.2J. Annotated, Hazardous Waste Act, 4.1.901.B.1 through 4.1.901.B.6); and (4) Unauthorized State Provisions (i) Chapter 74, Article 4, (1993 Subpart X, Sections 4.1.1101, 4.1.1105, The State’s adoption of the Federal rules Replacement Pamphlet), Sections 74–4– 4.1.1106, and 4.1.1109. listed below is not approved by EPA 4 (except 74–4–4C), 74–4–4.1, 74–4– (3)(i) The following statutory and are, therefore, not enforceable: 4.2C through 74–4–4.2F, 74–4–4.2G(1), provisions are broader in scope than the

Publication Federal requirement Federal Register reference date

Biennial Repot ...... 48 FR 3977 ...... 01/28/83 Permit Rules; Settlement Agreement ...... 48 FR 39611 ...... 09/01/83 Interim Status Standards; Applicability ...... 48 FR 52718 ...... 11/22/83 Chlorinated Aliphatic Hydrocarbon Listing (F024) ...... 49 FR 5308 ...... 02/10/84 National Uniform Manifest ...... 49 FR 10490 ...... 03/20/84 Recycled Used Oil Management Standards ...... 57 FR 41566: Amendments to 40 CFR 09/10/92 Parts 260, 261 and 266. 58 FR 26420: Amendments to 40 CFR 05/03/93 Parts 261, 264 and 265. Revision of Conditional Exemption for Small Scale Treatability Studies ...... 59 FR 8362 ...... 02/18/94 Letter of Credit Revision ...... 59 FR 29958 ...... 06/10/94

(ii) Additionally, New Mexico has listed below in lieu of EPA. The EPA is not authorized until the State receives adopted but is not authorized to will continue to enforce the Federal specific authorization from EPA. implement the HSWA rules that are HSWA standards for which New Mexico

Publication Federal requirement Federal Register reference date

Toxicity ...... 55 FR 40834 ...... 10/05/90 Characteristic ...... 56 FR 3978 ...... 02/01/91 Hydrocarbon Recovery Operations ...... 56 FR 13406 ...... 04/02/91 Toxicity ...... 56 FR 5910 ...... 02/13/91 Characteristic Chlorofluorocarbon Refrigerants Revisions to the Petroleum Refining Primary and Secondary Oil/Water/Solids Sepa- 56 FR 21955 ...... 05/13/91 ration Sludge Listings (F037 and F038). Boilers and Industrial Furnaces; Administrative Stay and Interim Standards for Bevill 58 FR 59598 ...... 11/09/93 Residues.

(5) Memorandum of Agreement. The referenced as part of the authorized New Mexico Statutes 1978 Annotated, Memorandum of Agreement between hazardous waste management program Hazardous Waste Act, Chapter 74, EPA Region 6 and the State of New under subtitle C of RCRA, 42 U.S.C. Article 4 (1993 Replacement Pamphlet), Mexico signed by the EPA Regional 6921 et seq. Sections 74–4–2, 74–4–3 (except 74–4– Administrator on December 11, 1996, is (7) Program Description. The Program 3L, 74–4–3O and 74–4–3R), 74–4–3.1, referenced as part of the authorized Description and any other materials 74–4–4.2A, 74–4–4.2B, 74–4–4.2G hazardous waste management program submitted as part of the original introductory paragraph, 74–4–4.2G(2), under subtitle C of RCRA, 42 U.S.C. application or as supplements thereto 74–4–4.3F, 74–4–4.7 (except 74–4–4.7B 6921 et seq. are referenced as part of the authorized and 74–4–4.7C), 74–4–9 and 74–4– (6) Statement of Legal Authority. hazardous waste management program 10.1C, as published by the Michie ‘‘Attorney General’s Statement for Final under subtitle C of RCRA, 42 U.S.C. Company, Law Publishers, 1 Town Hall Authorization,’’ signed by the Attorney 6921 et seq. Square, Charlottesville, Virginia 22906– General of New Mexico on January 7587. 1985, and revisions, supplements and 3. Appendix A to part 272 is amended The regulatory provisions include: addenda to that Statement dated April by revising the listing for ‘‘New Mexico’’ Title 20, Chapter 4, Part 1, New 13, 1988; September 14, 1988; July 19, to read as follows: Mexico Annotated Code (20 NMAC 4.1), 1989; July 23, 1992; February 14, 1994; * * * * * effective November 11, 1995, Subpart I, July 18, 1994; July 20, 1994; August 11, New Mexico Sections 4.1.101 and 4.1.102; Subpart II, 1994; November 28, 1994; August 24, Section 4.1.200; Subpart III, Sections 1995; and January 12, 1996, are The statutory provisions include: 4.1.300 and 4.1.301; Subpart IV, 23226 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

Sections 4.1.400 and 4.1.401; Subpart V, and Order, MM Docket No. 96–171, and adding Channel 259B at Mountain Sections 4.1.500 and 4.1.501; Subpart adopted April 8, 1998, and released Pass. VI, Sections 4.1.600 and 4.1.601; April 17, 1998. The full text of this 4. Section 73.202(b), the FM Table of Subpart VII, Section 4.1.700; Subpart Commission decision is available for Allotments under Nevada, is amended VIII, Section 4.1.800; Subpart IX, inspection and copying during normal by removing Channel 257A and adding Sections 4.1.900, 4.1.901.B.1 through business hours in the FCC Reference Channel 257C and Channel 272C at 4.1.901.B.6; and Subpart X, Section Center (Room 239), 1919 M Street, NW., Indian Springs. 4.1.1103. Copies of the New Mexico Washington, DC. The complete text of 5. Section 73.202(b), the FM Table of regulations can be obtained from the this decision may also be purchased Allotments under Utah, is amended by New Mexico Commission of Public from the Commission’s copy contractor, removing Channel 259C and adding Records, State Records Center and International Transcription Services, Channel 260C at St. George. Archives, State Rules Division, 404 Inc., (202) 857–3800, 1231 20th Street, Federal Communications Commission. NW, Washington, DC 20036. Montezuma Avenue, Santa Fe, NM John A. Karousos, 87501–2502. Channel 257C can be allotted to Chief, Allocations Branch, Policy and Rules * * * * * Indian Springs in compliance with the Commission’s minimum distance Division, Mass Media Bureau. [FR Doc. 98–11280 Filed 4–27–98; 8:45 am] separation requirements with a site [FR Doc. 98–11097 Filed 4–27–98; 8:45 am] BILLING CODE 6560±50±P restriction of 21.2 kilometers (13.2 BILLING CODE 6712±01±F miles) southwest to accommodate petitioner’s desired transmitter site. FEDERAL COMMUNICATIONS Channel 272C can be allotted to Indian DEPARTMENT OF COMMERCE COMMISSION Springs with a site restriction of 18.4 kilometers (11.4 miles) northwest to National Oceanic and Atmospheric 47 CFR Part 73 avoid a short-spacing to Station KFMS- Administration [MM Docket No. 96±171; RM±8846, RM± FM, Channel 270C, Las Vegas, Nevada. 9145] Channel 261C2 can be allotted to 50 CFR Parts 222 and 227 Kingman, Arizona, at Station KGMN’s [Docket No. 961217358±6358±01; I.D. Radio Broadcasting Services; Indian licensed transmitter site. Channel 260C 041995B] Springs, NV, Mountain Pass, CA, can be allotted to St. George, Utah, at Kingman, AZ, St. George, UT Station KZEZ’s licensed transmitter site. RIN 0648±XX77 Channel 259B can be allotted to AGENCY: Federal Communications Threatened Fish and Wildlife; Change Mountain Pass, California, at Station Commission. in Listing Status of Steller Sea Lions KHYZ’s licensed transmitter site. The ACTION: Final rule. Under the Endangered Species Act; coordinates for Chanel 257C at Indian Correction SUMMARY: The Commission, at the Springs, NV, are 36–25–18 NL; 115–48– request of Claire B. Benezra, substitutes 35 WL. The coordinates for Channel AGENCY: National Marine Fisheries Channel 257C for Channel 257A at 272C at Indian Springs are 36–41–41; Service (NMFS), National Oceanic and Indian Springs, NV, and modifies the 115–48–37. The coordinates for Channel Atmospheric Administration (NOAA), construction permit of Station KPXC to 261C2 at Kingman, AZ, are 35–06–37; Commerce. specify operation on the higher powered 113–52–55. The coordinates for Channel ACTION: Final rule; correction. channel. To accommodate the allotment 260C at St. George, UT, are 36–50–49; at Indian Springs, Channel 259B is 113–29–28. The coordinates for Channel SUMMARY: This document corrects the substituted for Channel 258B at 259B at Mountain Pass, CA, are 35–29– preamble to a final rule (I.D. 041995B) Mountain Pass, CA, Channel 261C2 is 27; 115–33–27. Concurrence by the published in the Federal Register of May substituted for Channel 260C2 at Mexican government in the allotments 5, 1997, regarding the Change in the Kingman, AZ, and Channel 260C is at Kingman and Mountain Pass has been Listing Status of Steller Sea Lions under substituted for Channel 259C at St. received since both communities are the Endangered Species Act. This George, UT. The licenses of Stations located within 320 kilometers (199 correction clarifies the scope of this KHYZ, KGMN and KZEZ are modified miles) of the U.S.-Mexican border. final rule. respectively. See 61 FR 44287, August List of Subjects in 47 CFR Part 73 DATES: April 27, 1998. 28, 1996. At the request of Indian FOR FURTHER INFORMATION CONTACT: Springs Broadcasting Company and Radio broadcasting. Part 73 of title 47 of the Code of Margot Bohan, NMFS/FPR, 301–713– Calvin J. and Lois A. Mandel, Channel Federal Regulations is amended as 2322. 272C is allotted to Indian Springs. With follows: SUPPLEMENTARY INFORMATION: this action, this proceeding is terminated. PART 73Ð[AMENDED] Need for Correction DATES: Effective June 1, 1998. A filing 1. The authority citation for part 73 As published, a description was window for Channel 272C at Indian inappropriately inserted in the last Springs, NV, will not be opened at this continues to read as follows: Authority: 47 U.S.C. 154, 303, 334. 336. sentence of the summary section time. Instead, the issue of opening a describing the populations affected by filing window for this channel will be § 73.202 [Amended] this listing change. This error changed addressed by the Commission in a 2. Section 73.202(b), the Table of FM the intent of the final rule by appearing subsequent order. Allotments under Arizona, is amended to focus only on the U.S. population FOR FURTHER INFORMATION CONTACT: by removing Channel 260C2 and adding segment of Steller sea lions, as opposed Leslie K. Shapiro, Mass Media Bureau, Channel 261C1 at Kingman. to focusing on the Steller sea lion (202) 418–2180. 3. Section 73.202(b), the Table of FM species throughout its entire range. SUPPLEMENTARY INFORMATION: This is a Allotments under California, is Accordingly, the publication of the synopsis of the Commission’s Report amended by removing Channel 258B final rule FR Doc. 97–11668, that Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23227 published on May 5, 1997 (62 FR advised that quota adjustments have NMFS Law Enforcement investigations. 24345), is corrected as follows: been made, and is informed of the Further Law Enforcement investigations On page 24345, in the third column, revised quotas for the affected states. are ongoing and a resulting quota in the last line of the summary, remove DATES: Effective April 23, 1998, through adjustment from those investigations ‘‘U.S.’’ before the words ‘‘Steller sea lion December 31, 1998. will be published if necessary. population.’’ FOR FURTHER INFORMATION CONTACT: Based on dealer reports and other Dated: April 22, 1998. Regina L. Spallone, Fishery Policy available information, NMFS has Rolland A. Schmitten, Analyst, 978–281–9221. determined that the States of Maine, Assistant Administrator for Fisheries, SUPPLEMENTARY INFORMATION: Massachusetts, Connecticut, New York, National Marine Fisheries Service. Summer Flounder Delaware, Maryland, Virginia, and [FR Doc. 98–11244 Filed 4–27–98; 8:45 am] North Carolina exceeded their 1997 Regulations implementing summer BILLING CODE 3510±22±F quotas. The remaining States of New flounder management measures are Jersey, Rhode Island, and New found at 50 CFR part 648, subparts A Hampshire did not exceed their 1997 DEPARTMENT OF COMMERCE and G. The regulations require annual quotas. This finding differs from that specification of a commercial quota that noted in the notice of preliminary quota National Oceanic and Atmospheric is apportioned among the Atlantic adjustment, published on January 23, Administration coastal states from Maine through North 1998 (63 FR 3478). At that time, Carolina. The process to set the annual Connecticut and Virginia did not appear 50 CFR Part 648 commercial quota and the percent to have exceeded their 1997 quotas. allocated to each state are described in [Docket No. 971015246±7293±02; I.D. The final 1997 landings and overages 041398A] § 648.100. The final specifications for the 1998 summer flounder fishery, for all states and how those landings Fisheries of the Northeastern United adopted to ensure achievement of a compare with the 1997 landings States; Summer Flounder and Scup fishing mortality rate (F) of 0.24 for originally reported in the January notice Fisheries; Readjustments to 1998 1998, set a commercial quota equal to are given in Table 1. This table Quotas; Commercial Summer Period 11,105,636 lb (5.0 million kg) (62 FR illustrates that, in the following states, Scup Quota Harvested for Maryland 66304, December 18, 1997). the revised 1997 landings resulted in Section 648.100(d)(2) provides that all additional overage to a state’s quota: AGENCY: National Marine Fisheries landings for sale in a state shall be Massachusetts, New York, Delaware, Service (NMFS), National Oceanic and applied against that state’s annual Maryland, and North Carolina. There Atmospheric Administration (NOAA), commercial quota. Any landings in was no change to the data reported in Commerce. excess of the state’s quota must be Maine and New Hampshire. In the State ACTION: Commercial quota adjustment, deducted from that state’s annual quota of Rhode Island, revised landings are notice of commercial quota harvest. for the following year. NMFS published fewer than what were originally a preliminary adjustment to the states’ reported. The State of New Jersey SUMMARY: NMFS issues this notification annual quotas on January 23, 1998 (63 showed additional landings, but those announcing adjustments to the 1998 FR 3478), that deducted for state data still did not result in an overage for summer flounder commercial state overages in the 1997 fishery. When that State. Based on the revised data, the quotas and the 1998 scup Summer those data were presented, NMFS noted State of Connecticut and the period state quotas. This action that the data used in making the Commonwealth of Virginia changed complies with regulations implementing adjustments were preliminary, and if from a no-overage status to an overage. the Fishery Management Plan for the additional data became available that The revised 1998 commercial summer Summer Flounder, Scup, and Black Sea altered the figures, an additional flounder quota for each state is given in Bass Fisheries (FMP), which require that adjustment would be necessary. Since Table 2. While this action adjusts the landings in excess of a state’s annual that time, additional data have been final quotas allocated to the states, it summer flounder commercial quota and submitted by state fisheries agencies does not alter the notification of Summer period scup commercial quota and federally permitted dealers who commercial quota harvest in the State of be deducted from a state’s respective submitted late reports. Additional Delaware as indicated in that January quota the following year. The public is landings were reported as the result of notice.

TABLE 1.ÐSUMMER FLOUNDER FINAL 1997 COMMERCIAL LANDINGS COMPARED TO THE PRELIMINARY 1997 LANDINGS, BY STATE

1997 quota 1 Preliminary 1997 land- Final 1997 landings Final 1997 overage 2 State 1997 ings 3 Lb (Kg) Lb (Kg) Lb (Kg) Lb (Kg)

ME ...... 2,342 1,062 2,835 1,286 2,835 1,286 493 224 NH ...... 51 23 0 0 0 0 0 0 MA ...... 709,229 321,701 745,105 337,974 745,171 338,004 35,942 16,303 RI ...... 1,596,443 724,134 1,584,641 718,781 1,557,867 706,637 0 0 CT ...... 246,924 120,031 246,924 112,003 247,258 112,154 334 151 NY ...... 754,343 342,164 814,027 369,236 815.741 370,014 61,398 27,850 NJ ...... 1,323,474 600,318 1,316,837 597,307 1,319,446 598,491 0 0 DE ...... 4 (5,662) (2,568) 4,393 1,993 5,187 2,353 10,849 4,921 MD ...... 188,254 85,391 203,961 92,515 214,948 97,499 26,694 12,108 VA ...... 2,294,793 1,040,901 2,253,809 1,022,311 2,305,985 1,045,977 11,192 5,077 23228 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

TABLE 1.ÐSUMMER FLOUNDER FINAL 1997 COMMERCIAL LANDINGS COMPARED TO THE PRELIMINARY 1997 LANDINGS, BY STATEÐContinued

1997 quota 1 Preliminary 1997 land- Final 1997 landings Final 1997 overage 2 State 1997 ings 3 Lb (Kg) Lb (Kg) Lb (Kg) Lb (Kg)

NC ...... 1,273,605 577,698 1,455,212 660,073 1,673,345 759,017 399,740 181,319

Total ...... 8,383,796 3,802,826 8,627,744 3,913,479 8,887,783 4,031,431 546,642 247,953 1 1997 quota as published December 18, 1997 (62 FR 66304). 2 1997 landings data as published January 23, 1998 (63 FR 3478). 3 Kilograms are as converted from pounds, and may not necessarily add due to rounding. 4 Parentheses indicate a negative number.

TABLE 2.ÐSUMMER FLOUNDER FINAL 1998 QUOTAS

Unadjusted 1998 quota 1 Preliminary adjusted 1998 Final readjusted 1998 quota 2 State quota 3 lb (Kg) lb (Kg) lb (Kg)

ME ...... 5,284 2,397 4,791 2,173 4,791 2,173 NH ...... 51 23 51 23 51 23 MA ...... 757,841 343,751 721,965 327,478 721,899 327,448 RI ...... 1,742,583 790,422 1,742,583 790,422 1,742,583 790,422 CT ...... 250,791 113,757 250,791 113,757 250,457 113,605 NY ...... 849,680 385,408 789,996 358,336 788,282 357,559 NJ ...... 1,858,363 842,939 1,858,363 842,939 1,858,363 842,939 DE ...... 4 (3,685) (1,671) (13,740) (6,232) (14,534) (6,593) MD ...... 226,570 102,770 210,863 95,646 199,876 90,662 VA ...... 2,368,569 1,074,365 2,368,569 1,074,365 2,357,377 1,069,288 NC ...... 3,049,589 1,383,270 2,867,982 1,300,895 2,649,849 1,201,951

Total ...... 11,105,636 5,037,432 10,802,214 4,899,802 10,558,994 4,789,479 1 As published on December 18, 1997 (62 FR 6304). 2 As published on January 23, 1998 (63 FR 3478). 3 Kilograms are as converted from pounds, and may not necessarily add due to rounding. 4 Parentheses indicate a negative number.

Scup coastwide basis. During the Summer exploitation rate of 47 percent, the rate Regulations implementing scup period, the commercial quota is associated with F=0.72, set a management measures are found at 50 apportioned among the Atlantic coastal commercial quota equal to 4,572,000 lb CFR part 648, subparts A and H. The states from Maine through North (2.07 million kg) (62 FR 66304, regulations require annual specification Carolina. The process to set the annual December 18, 1997). of a commercial quota that is allocated commercial quota and the percent The 1997 Winter I and Winter II into three periods: Winter I, Summer, allocated to each state during the period landings are shown in Table 3.— and Winter II. During Winter I and Summer period is described in Landings did not exceed the allowable Winter II periods, the commercial quota § 648.120. The final specifications for quota for either period. Therefore, no is distributed to the coastal states from the 1998 scup fishery, adopted to ensure deductions from those periods are Maine through North Carolina on a achievement in 1998 of a target necessary.

TABLE 3. FINAL 1997 WINTER PERIOD COMMERCIAL SCUP LANDINGS

1997 quota 1997 landings 1997 overage Period Lb (Kg) Lb (Kg) Lb (Kg)

Winter I ...... 2,706,000 1,227,693 2,046,701 928,368 0 0 Winter II ...... 956,400 433,816 569,412 258,281 0 0

Section 648.120(d)(4) provides that all during the Summer period will be figures, an additional adjustment would scup landed for sale in a state during the deducted from that state’s Summer be necessary. Since that time, additional Summer period shall be applied against period quota for the following year. data have been submitted by state that state’s summer commercial quota, When the data were presented in the fisheries agencies and federally regardless of where the scup were January notice, NMFS noted that the permitted dealers who submitted late harvested. Section 648.120(d)(6) data used in making the adjustments reports. provides that any overages of the were preliminary, and, if additional data Based on dealer reports and other commercial quota landed in any state became available that altered the available information, NMFS has Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23229 determined that the States of but those data did not result in overages Since this adjustment reduces the Massachusetts, Delaware, and Maryland for those States. 1998 Maryland Summer period have exceeded their 1997 Summer The revised 1998 commercial commercial quota allocation from 229 lb period quota for scup. The remaining Summer period scup quota for each (104 kg) to ¥635 lb (¥288 kg), this States of Maine, Rhode Island, state is given in Table 5. While this document also announces that the Connecticut, New York, New Jersey, action adjusts the final Summer period Summer period quota available to Virginia, and North Carolina did not quotas allocated to the states, it does not Maryland has been harvested and that exceed their 1997 Summer period alter the notification of commercial no commercial quota is available for quotas. This finding differs from that quota harvest in the Commonwealth of landings during the 1998 Summer noted in the notice of preliminary quota Massachusetts as indicated in that period. adjustment. At that time, Delaware and January notice or in the State of The regulations at § 648.4(b) provide Maryland did not appear to have Delaware as indicated in the final exceeded their 1997 Summer period that Federal scup commercial permit specifications. However, this notice holders agree as a condition of the quotas. But Massachusetts and North does eliminate the overage and Carolina appeared to have exceeded permit not to land scup in any state that subsequent reduction of Summer period theirs. the Regional Administrator has quota in the State of North Carolina. The revised 1997 Summer period determined no longer has commercial landings for all states and how those Section 648.121(b) requires the quota available. Therefore, effective landings compare with the 1997 Administrator, Northeast Region, NMFS 0001 hours May 1, 1998, until 2400 landings originally reported in the (Regional Administrator) to monitor the hours, October 31, 1998, landings of January notice are given in Table 4. This Summer period state commercial quotas scup in Maryland by vessels holding and to determine the date when a state’s table illustrates that, in the States of Federal commercial scup fisheries commercial quota is harvested. NMFS is Massachusetts, Delaware, and permits are prohibited, unless Maryland, the revised 1997 landings required to publish notification in the additional quota becomes available resulted in overage or additional Federal Register advising a state and through a transfer and is announced in overage to a state’s quota. There was no notifying vessel and dealer permit change to the data reported in Maine holders that, effective upon a specific the Federal Register. Federally and New Hampshire. In the States of date, a state’s Summer period permitted dealers are also advised that Rhode Island and North Carolina, the commercial scup quota has been they may not purchase scup from revised landings are less than what was harvested and that no Summer period federally permitted scup vessels that originally reported. The States of commercial quota is available for land in Maryland for the Summer Connecticut, New York, New Jersey, and landing scup for the remainder of the period or until additional quota Virginia showed additional landings, period. becomes available through a transfer.

TABLE 4.ÐSCUP FINAL 1997 SUMMER PERIOD COMMERCIAL LANDINGS COMPARED TO THE PRELIMINARY 1997 LANDINGS, BY STATE

1997 quota Preliminary 1997 land- Final 1997 landings Final 1997 overage 1 State ings 2 Lb (Kg) lb (Kg) lb (Kg) lb (Kg)

ME ...... 3,048 1,383 0 0 0 0 0 0 NH ...... 1 0 0 0 0 0 0 0 MA ...... 362,029 164,214 1,428,183 647,813 1,486,630 674,324 1,124,601 510,110 RI ...... 1,415,425 642,026 398,880 180,929 353,735 160,451 0 0 CT ...... 79,431 36,029 40,858 18,533 65,642 29,775 0 0 NY ...... 398,527 180,769 221,320 100,389 307,159 139,325 0 0 NJ ...... 73,453 33,318 2,056 933 2,181 989 0 0 DE ...... 0 0 0 0 51 23 51 23 MD ...... 301 137 162 73 1,165 528 864 392 VA ...... 4,157 1,886 148 67 354 161 0 0 NC ...... 628 285 888 403 575 261 0 0

Total ...... 2,337,000 1,060,045 2,092,495 949,140 2,217,492 1,005,837 1,125,516 510,525 1 Original 1997 Summer period landings data, as published January 23, 1998 (63 FR 3478). 2 Kilograms are as converted from pounds, and may not necessarily add due to rounding.

TABLE 5.ÐFINAL READJUSTED 1998 SUMMER PERIOD QUOTAS

Unadjusted 1998 quota 1 Preliminary adjusted 1998 Final readjusted 1998 2 State quotas quotas 3 Lb (Kg) Lb (Kg) Lb (Kg)

ME ...... 2,322 1,053 2,322 1,053 2,322 1,053 NH ...... 1 0 1 0 1 0 MA ...... 275,866 125,131 4 (790,288) (358,469) (848,735) (384,980) RI ...... 1,078,554 489,224 1,078,554 489,224 1,078,554 489,224 CT ...... 60,526 27,454 60,526 27,454 60,526 27,454 NY ...... 303,678 137,746 303,678 137,746 303,678 137,746 NJ ...... 55,972 25,388 55,972 25,388 55,972 25,388 23230 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

TABLE 5.ÐFINAL READJUSTED 1998 SUMMER PERIOD QUOTASÐContinued

Unadjusted 1998 quota 1 Preliminary adjusted 1998 Final readjusted 1998 2 State quotas quotas 3 Lb (Kg) Lb (Kg) Lb (Kg)

DE ...... 0 0 0 0 (51) (23) MD ...... 229 104 229 104 (635) (288) VA ...... 3,167 1,437 3,167 1,437 3,167 1,437 NC ...... 479 217 219 99 479 217

Total ...... 1,780,794 807,755 714,380 324,037 655,278 297,252 1 As published on December 18, 1997 (62 FR 66304). 2 As published on January 23, 1998 (63 FR 3478). 3 Kilograms are as converted from pounds, and may not necessarily add due to rounding. 4 Parentheses indicate a negative number.

Classification This action is required by 50 CFR part 648 and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 23, 1998. George H. Darcy, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 98–11241 Filed 4–23–98; 2:23 pm] BILLING CODE 3510±22±P 23231

Proposed Rules Federal Register Vol. 63, No. 81

Tuesday, April 28, 1998

This section of the FEDERAL REGISTER the Northeast Dairy Compact Commission, Audit Unit, Federal Bureau of contains notices to the public of the proposed adopted November 21, 1996.) Investigation, P.O. Box 221286, issuance of rules and regulations. The Daniel Smith, Chantilly, VA 20153–0450, telephone purpose of these notices is to give interested Executive Director. number (703) 814–4900. persons an opportunity to participate in the rule making prior to the adoption of the final [FR Doc. 98–11184 Filed 4–27–98; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 1650±01±P rules. A. General Background Recent and continuing advances in NORTHEAST DAIRY COMPACT DEPARTMENT OF JUSTICE telecommunications technology and the COMMISSION introduction of new digitally-based 28 CFR Part 100 services and features have impaired the 7 CFR Ch. XIII RIN 1105±AA39 ability of federal, state, and local law enforcement agencies to fully and Meeting Implementation of Section 109 of the properly conduct various types of court- Communications Assistance for Law authorized electronic surveillance. AGENCY: Northeast Dairy Compact Enforcement Act: Proposed Definition Therefore, on October 25, 1994, the Commission. of ``Significant Upgrade or Major President signed into law the ACTION: Notice of meeting. Modification'' Communications Assistance for Law Enforcement Act (CALEA) (Public Law AGENCY: Federal Bureau of SUMMARY: The Compact Commission 103–414, 47 U.S.C. 1001 et seq.). This Investigation, DOJ. will hold its monthly meeting to law requires telecommunications consider bylaw amendments, issues ACTION: Notice of proposed rulemaking. carriers, as defined in CALEA, to ensure that law enforcement agencies, acting relating to the Commission’s upcoming SUMMARY: The FBI proposes to amend pursuant to court order or other lawful rulemaking procedure and matters the Communications Assistance for Law relating to administration. authorization, are able to intercept Enforcement Act (CALEA) Cost communications regardless of advances DATES: The meeting is scheduled for Recovery Regulations by adding a new in telecommunications technologies. Thursday, May 7, 1998 commencing at section which defines the term Under CALEA, certain 1:30 PM to adjournment. ‘‘Significant Upgrade or Major implementation responsibilities are Modification.’’ This NPRM sets forth conferred upon the Attorney General; ADDRESSES: The meeting will be held at both the FBI’s proposed section and the the Cat ’n Fiddle Restaurant, 118 the Attorney General has, in turn, rationale behind the proposed delegated responsibilities set forth in Manchester Street, Concord, New definition. The addition of this section Hampshire (exit 13 off Interstate 93). CALEA to the Director, FBI, or his will clarify the applicability of the designee, pursuant to 28 CFR 0.85(o). FOR FURTHER INFORMATION CONTACT: CALEA, Cost Recovery Regulations and The Director, FBI, has designated the Daniel Smith, Executive Director, assist the telecommunications industry Telecommunications Industry Liaison Northeast Dairy Compact Commission, in assessing its responsibilities under Unit of the Information Resources 43 State Street, PO Box 1058, CALEA. Division and the Telecommunications Montpelier, VT 05601. Telephone (802) DATES: Comments must be received on Contracts and Audit Unit of the Finance 229–1941. or before June 29, 1998. Division to carry out these ADDRESSES: Comments should be SUPPLEMENTARY INFORMATION: Notice is responsibilities. submitted to the Telecommunications hereby given that the Northeast Dairy One of the CALEA implementation Contracts and Audit Unit, Federal Compact Commission will hold its responsibilities delegated to the FBI is Bureau of Investigation, P.O. Box regularly scheduled monthly meeting. the establishment, after notice and 221286, Chantilly, VA 20153–0450, The Commission will consider certain comment, of regulations necessary to Attention: CALEA FR Representative. bylaw amendments including the effectuate timely and cost-efficient All comments will be available from the separate promulgation as a rule of the payment to telecommunications carriers FBI Reading Room located at FBI provisions relating to the referendum for certain modifications made to Headquarters, 935 Pennsylvania procedure, administration matters and equipment, facilities and services Avenue, NW., Washington, DC 20535. issues relating to the Commission’s (hereafter referred to as ‘‘equipment’’) to To review the comments, interested upcoming rulemaking procedure. make that ‘‘equipment’’ compliant with parties should contact Ms. Mary CALEA.1 Section 109(b)(2) of CALEA (Authority: (a) Article V, Section 11 of the Stuzman, FBI Reading Room, FBI authorizes the Attorney General, subject Northeast Interstate Dairy Compact, and all Headquarters, telephone number (202) to the availability of appropriations, to other applicable Articles and Sections, as 324–2664, to schedule an appointment agree to pay telecommunications approved by Section 147, of the Federal (48 hours advance notice required). See carriers for additional reasonable costs Agriculture Improvement and Reform Act Section G of the Supplementary (FAIR ACT), Pub. L. 104–127, and as thereby directly associated with making the set forth in S.J. Res. 28(1)(b) of the 104th Information for further information on assistance capability requirements Congress; Finding of Compelling Public electronic submission of comments. found in section 103 of CALEA Interest by United States Department of FOR FURTHER INFORMATION CONTACT: reasonably achievable with respect to Agriculture Secretary Dan Glickman, August Walter V. Meslar, Unit Chief, 8, 1996 and March 20, 1997. (b) Bylaws of Telecommunications Contracts and 1 CALEA § 109(e). 23232 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules

‘‘equipment’’ installed or deployed after installed or deployed on or before FBI published an Advanced Notice of January 1, 1995, in accordance with the January 1, 1995.3 Proposed Rulemaking (ANPRM) in the procedures established in section Federal Register (61 FR 58799), which B. CALEA Cost Recovery Regulations 109(b)(1) of CALEA.2 Section 104(e) of solicited the submission of potential CALEA authorizes the Attorney General, As required by CALEA § 109(e), the definitions of ‘‘significant upgrade or subject to the availability of FBI, after notice and comment, major modification’’ from the appropriations, to agree to pay promulgated the CALEA Cost telecommunications industry and the telecommunications carriers for Regulations (62 FR 13307, 28 CFR part general public. This ANPRM was also reasonable costs directly associated with 100), which establish the procedures sent to a large number of associations modifications of any of a carrier’s which telecommunications carriers representing the interests of the various systems or services, as identified in the must follow in order to receive telecommunications carriers, both Carrier Statement required by CALEA reimbursement under Sections 109(a), wireless and wireless. section 104(d), which do not have the 109(b) and 104(e) of CALEA, as In response to the ANPRM, the FBI capacity to accommodate discussed above. Specifically, the Cost received comments from 13 simultaneously the number of Recovery Regulations set forth the representatives of the interceptions, pen registers, and trap means of determining allowable costs, telecommunications industry, including and trace devices set forth in the reasonable costs, and disallowed costs. wireless and wireless carriers and Capacity Notice(s) published in Furthermore, they establish the associations. All comments received accordance with CALEA section 104. threshold requirements carriers must have been fully considered in preparing Finally, section 109(a) of CALEA meet in their submission of cost this proposed definition of ‘‘significant authorizes the Attorney General, subject estimates and requests for payment to upgrade or major modification.’’ to the availability of appropriations, to the Federal Government for the Significant comments received in agree to pay telecommunications disbursement of CALEA funds. response to the ANPRM are also carriers for all reasonable costs directly Additionally, they ensure the summarized in Section D, below. associated with the modifications confidentiality of trade secrets and Additionally, in developing this performed by carriers in connection protect proprietary information from proposed definition, the FBI has relied with ‘‘equipment’’ installed or deployed unnecessary disclosure. Finally, they set on the input of other governmental on or before January 1, 1995, to establish forth the means for alternative dispute agencies and telecommunications the capabilities necessary to comply resolution. industry experts. Of particular interest for the purposes with the assistance capability of this proposed amendment to the Cost C. Definition Development requirements found in section 103 of Recovery Regulations is § 100.11(a)(1) of 1. Introduction CALEA. However, reimbursement under 28 CFR part 100, which includes in the section 109(a) of CALEA is modified by costs eligible for reimbursement under Committed to the consultative process the requirements of section 109(d), section 109(e) of CALEA: and to maintaining an on-going dialogue which states: All reasonable plant costs directly with the telecommunications industry, If a carrier has requested payment in the FBI published its ANPRM in order accordance with procedures promulgated associated with the modifications performed by carriers in connection with equipment, to draw on the expertise of that industry pursuant to subsection (e) [Cost Control facilities, and services installed or deployed so that the FBI could gain an Regulations], and the Attorney General has on or before January 1, 1995, to establish the understanding of the range of options not agreed to pay the telecommunications capabilities necessary to comply with section available with regard to ‘‘significant and carrier for all reasonable costs directly 103 of CALEA, until the equipment, facility, upgrade or major modification.’’ associated with modifications necessary to or service is replaced or significantly bring any equipment, facility, or service upgraded or otherwise undergoes major Therefore, the FBI requested that deployed on or before January 1, 1995, into modifications; (emphasis added). telecommunications carriers and other interested parties submit potential compliance with the assistance capability At the proposed rule stage of the requirements of section 103, such equipment, definitions of ‘‘significant upgrade or rulemaking process establishing the major modification’’ in response to the facility, or service shall be considered to be Cost Recovery Regulations, the FBI in compliance with the assistance capability ANPRM. However, the FBI did not leave received comments from 16 requirements of section 103 until the off working on a definition of equipment, facility, or service is replaced or representatives of the ‘‘significant upgrade or major significantly upgraded or otherwise telecommunications industry, including modification’’ in the interim. Rather, the undergoes major modification. (emphasis wireline and wireless carriers and FBI, in addition to considering the added). associations. Of the 16 sets of comments potential definitions submitted by the received on the proposed rule, half industry, also explored a number of While this section deals specifically requested that the FBI define means of defining this term. with a carrier’s compliance with ‘‘significant upgrade or major Specifically, the FBI has examined three CALEA, the phrase ‘‘significantly modification’’ as used in § 100.11(a)(1) definitional approaches: Accounting, upgraded or otherwise undergoes major of the proposed cost recovery rules. Technical, and Public Safety. Each of Given the dynamic nature of the modification’’ (hereafter referred to as these approaches, along with relevant telecommunications industry and the ‘‘significant upgrade or major public comments received and the potential impact on eligibility for modification’’), depending on a carrier’s results of the Bureau’s research, is reimbursement, the FBI acknowledged actions after January, 1995, also has a discussed in detail below. direct bearing on the eligibility for that ‘‘significant upgrade or major reimbursement of some ‘‘equipment’’ modification’’ must be defined. 2. Accounting Approaches Therefore, on November 19, 1996, the In order to define ‘‘significant upgrade 2 CALEA Section 109(b)(1) sets forth the or major modification’’ in accounting procedures and the criteria the Federal 3 ‘‘Significant upgrade or major modification’’ Communications Commission (FCC) will use to also appears in CALEA § 108(c)(3)(B) with regard to terms, the FBI first sought to determine determine if the modifications are ‘‘reasonably the limitations placed upon the issuance of at what point expenditures would be achievable’’. enforcement orders under 18 U.S.C. 2522. considered significant in either dollar or Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23233 percentage terms. It became telecommunications plant in-service terms used. Therefore, the FBI discarded immediately apparent that a specific value in switching equipment and this approach for the long term. dollar figure could not be determined in switching assets used for stored program 4. Public Safety Approaches light of the differences between wireline control.’’ and wireless switching equipment and However, this accounting definition The intent of CALEA is to ensure that the dearth of available information on ultimately proved untenable. First, it is law enforcement agencies, acting wireless carrier expenditures. possible for a carrier to make a pursuant to court order or other lawful In an effort to establish the threshold modification or upgrade which could authorization, will continue to be able for significance in terms of a specific cross the 20% threshold, yet have no to interpret communications regardless percentage, the FBI researched several impact on law enforcement’s ability to of advances in telecommunications accounting and procurement regulation conduct lawfully authorized electronic technologies. Therefore, the FBI began sources. As a result of this research, the surveillance. Such an occurrence would to look at defining ‘‘significant upgrade FBI identified two references which be inconsistent with the intent of or major modification’’ from a public generally support 20% as being the CALEA. Additionally, given the wide safety perspective. In doing so, the FBI threshold for significance. In the variety of network-based systems in use determined that any new modification Accounting Principles Board Opinion- today, it would be extremely difficult to or upgrade which created an 18 (APB–18) pronouncement determine precisely to what the 20% impediment to lawfully authorized concerning the equity method of threshold should apply (e.g., the entire electronic surveillance could be accounting for investments in common network, a specific switch, an available considered ‘‘significant’’ or ‘‘major’’ stock, the term ‘‘significant’’ is used feature). In practice, applying such a given the intent of CALEA in that it when it refers to influence over the percentage to a telecommunications would endanger public safety and operating and financial policies of the network would ultimately create more prevent law enforcement from carrying investee. APB–18, paragraph 17, reads: confusion than it would resolve. out its mission. Therefore, the FBI ‘‘Absent evidence to the contrary, an Therefore, the FBI discarded this developed the following definition: ‘‘the investment (directly or indirectly) of approach. term ‘significant upgrade or major 20% or more in the voting stock of an modification’ means any change, investee is presumed to indicate the 3. Technical Approaches whether through addition or other ability to exercise significant influence, The FBI also considered a number of modification, to any equipment, facility and the equity method is required for or service that impedes law fair presentation.’’ There was also a technical approaches to defining enforcement’s ability to conduct presumption in APB–18 that ‘‘significant upgrade or major lawfully authorized electronic ‘‘significant’’ influence does not exist in modification.’’ The term ‘‘significant’’ surveillance.’’ an investment of less than 20%. was used in relation to equipment The use of the 20% threshold for upgrades by the Federal However, the FBI recognizes that significance is also supported in the Communications Commission (FCC) in events have overtaken the CALEA Communications Act of 1934, Section only one telecommunications implementation process, specifically the 310, which indicates that a station proceeding during the past few years: enactment of the Telecommunication license shall not be granted to ‘‘any FCC Docket Number 95–116, Telephone Act of 1996, and that carriers could not corporation of which more than one- Number Portability (‘‘Number cease all activity on their systems until fifth of the capital stock is owned of Portability Proceeding’’). The discussion a definition of ‘‘significant upgrade or record or voted by aliens.’’ 4 This would of implementation costs in the Number major modification’’ was promulgated. seem to indicate that control of 20% of Portability Proceeding states: ‘‘long- Therefore, in the interests of the capital stock imparts significant term, or database, number portability reasonableness, the FBI developed the influence upon the stockholder. methods require significant network following bipartite definition: In each of the above references it can upgrades, including installation of § 100.22 Definition of ‘‘significant upgrade be inferred that 20% was considered to number portability-specific switch or major modification.’’ be the threshold for significance. software, implementation of Signaling (a) For equipment, facilities or services for Translating this inference to the task of System No. 7 and Intelligent Network or which an upgrade or modification has been defining ‘‘significant upgrade or major Advance Intelligent Network capability, completed on or before October 25, 1998, the modification,’’ it could be argued that and the construction of multiple term ‘‘significant upgrade or major any telecommunications carrier that number portability databases.’’ 5 This modification’’ means any fundamental or incurred expenditures equal to or specific reference to ‘‘significant substantial change in the network exceeding 20% of the network upgrades’’ does not, however, architecture or any change that telecommunications plant in-service provide a generic definition; rather, it fundamentally alters the nature or type of the existing telecommunications equipment, value of a switch has made a provides only examples of upgrades facility, or service that impedes law ‘‘significant upgrade or major which could be considered significant. enforcement’s ability to conduct lawfully modification’’ to that switch. As the FBI worked through a number authorized electronic surveillance, unless Based on this premise the FBI could of technical definitions, some dealing such change is mandated by a Federal or define ‘‘significant upgrade or major with software generics, some dealing State statute; modification’’ in financial terms as with switch architecture, it became (b) For equipment, facilities or services for follows: ‘‘A significant upgrade or major apparent that every technical definition which an upgrade or modification is modification is defined as any completed after October 25, 1998, the term was open to question on some type of ‘‘significant upgrade or major modification’’ improvement to a carrier’s existing equipment. Furthermore, each technical equipment, facilities, or services for means any change, whether through addition definition proposed left ambiguities and or other modification, to any equipment, which the construction, installation, called for constant definition of the facility or service that impedes law and acquisition costs of the project enforcement’s ability to conduct lawfully equal or exceed 20% of the 5 Telephone Number Portability, First Report and authorized electronic surveillance, unless Order and Further Notice of Proposed Rule Making, such change is mandated by a Federal or 4 47 U.S.C. 310(b)(3). CC Docket No. 95–116 (1996), paragraph 122. State statute. 23234 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules

The technical terminology in proposed or services are operable and available 3. Just Compensation § 100.22(a) is derived from the for use by the carrier’s customers.’’ (28 Some commenters asserted that an comments submitted by the CFR 100.10). Several commenters overly broad definition of ‘‘significant telecommunications industry in responding to the ANPRM argues that upgrade or major modification’’ would response to the ANPRM. Given that ‘‘deployed’’ should mean constitute a taking for which the carriers October 25, 1998 is the compliance date ‘‘commercially available prior to would be entitled to full compensation for CALEA capability, the FBI believes January 1, 1995’’ and should, therefore, pursuant to the Just Compensation that this initial definition will give be defined separately from ‘‘installed.’’ Clause of the Fifth Amendment of the carriers the time they need to make The FBI believes that the commenters’ Constitution of the United States. One appropriate business decisions about commenter asserted that this was so their ‘‘equipment’’ in light of CALEA’s proposed definition of ‘‘deployed’’ as it is used in CALEA is incorrect. CALEA regardless of whether Congress provides ‘‘significant upgrade or major funding for CALEA cost reimbursement. modifications’’’ clause and will not section 109(e)(3), Submission of Claims, reads: ‘‘Such [Cost Control] regulations No set formula exists for identifying penalize carries for most upgrades or when Government regulatory action modifications made to their shall require any telecommunications carrier that the Attorney General has constitutes a ‘‘taking’’ under the ‘‘equipment’’ while both a definition of Constitution; the Supreme Court has agreed to pay for modifications pursuant ‘‘significant upgrade or major instead generally relied on an ad hoc, to [section 109] and that has installed modification’’ and a CALEA solution factual inquiry into the circumstances of or deployed such modification to submit were unavailable. However, carriers each particular case. The Supreme court who made upgrades or modifications to the Attorney General a claim for has, however, indicated that the about which no argument can be made payment ** *’’ (Emphasis added). It is following factors have particular regarding their ‘‘significance’’ (e.g. unlikely that the Congress intended that significance: (1) The severity of the changing from analogue to digital carriers be able to submit claims for economic impact of the regulation on switching) will still be required to payment simply because a piece of the claimant; (2) the extent to which the comply with CALEA at their own equipment was commercially available. regulation has interfered with distinct expense. It is also unlikely that the Congress investment-backed expectations; and (3) Proposed § 100.22(b) will then carry intended that the Attorney General out the intent of CALEA by ensuring the character of the government action. agree to reimburse carriers for See Concrete Pipe and Products of that law enforcement will continue to be commercially available equipment able to carry out lawfully authorized California, Inc. v. Construction Laborers sitting in their warehouses. Rather, it electronic surveillance in cases where Pension Trust for So. California, 508 seems clear that the Congress intended carriers made informed business U.S. 602, 113 S.Ct. 2264, 124 L.Ed. 2d decisions to modify or upgrade their that claims be submitted only for such 539 (1993); Connolly v. Pension Benefit equipment in such a way which equipment for which the CALEA Guaranty Corp., 475 U.S. 211, 106 S.Ct. impedes law enforcement. Carriers do solution was ‘‘operable and available for 1018, 89 L.Ed.2d 166 (1986); see also not modify or upgrade equipment at use,’’ or ‘‘deployed.’’ Therefore, no Lucas v. South Carolina Coastal random; such business decisions are change to the definition of ‘‘installed or Commission, 505 U.S. 1003, 112 St.Ct. made so that they will ultimately deployed’’ has been made. 2886, 120 L.Ed.2d 798 (1992). In response to the comments received, increase a carrier’s revenue. With the 2. Definition of ‘‘Replaced’’ promulgation of this definition, carriers the FBI has analyzed these factors and will be able to factor the requirements Some commenters requested that the has concluded that the proposed and costs of CALEA compliance into FBI defined ‘‘replaced’’ as used in the definition of ‘‘significant upgrade or their decisions, thereby being able to phrase ‘‘replaced or significantly major modification’’ does not amount to a compensable taking. First, the FBI determine if upgrading or modification upgraded or otherwise undergoes major does not believe that the economic is the best decision at that time. modification.’’ 6 These commenters impact of this definition on carriers will advocated defining ‘‘replaced’’ as D. Industry Comments in Response to rise to the level of a taking requiring meaning the installation of equipment, ANPRM compensation. The proposed definition facilities or services which became will not significantly impair the In response to the ANPRM, commercially available after January 1, commenters raised a number of issues, economically beneficial use of the 1995 and which are not upgrades or carriers’ property, and the value of such many of which had little direct bearing modifications to equipment, facilities or on the issue of defining the term property will not be substantially services commercially available prior to reduced. If any such reduction does ‘‘significant upgrade or major January 1, 1995. However, the plain modification’’ and have since been occur, CALEA section 109(b) provides a language of CALEA never addresses the addressed in the final CALEA cost mechanism whereby carriers may issue of commercial availability with recovery rule (62 FR 13307). Therefore, petition the FCC for relief through a regard to grandfathered equipment; the FBI has opted to address in this determination that CALEA compliance rather, CALEA repeatedly refers to the document only those comments which is not reasonably achievable. Moreover, date of installation or deployment as the have a direct bearing on ‘‘significant it has been held that ‘‘mere diminution upgrade or major modification’’ and relevant date for reimbursement in the value of property, however which have not been previously eligibility. Additionally, unlike the serious, is insufficient to demonstrate a addressed in print. potentially subjective or ambiguous taking.’’ Concrete Pipe, 508 U.S. at 645. nature of the term ‘‘significant upgrade Second, this definition, and the 1. Definition of ‘‘Installed or Deployed’’ or major modification,’’ the meaning of regulations of which it is a part, will not The CALEA Cost Recovery Rules (28 the term ‘‘replaced’’ is both clear and interfere with investment-backed CFR part 100) define ‘‘installed or common. Therefore, the FBI does not expectations of the carriers. Carriers deployed’’ as follows: ‘‘Installed or intend to define this term. have cooperated with the execution of deployed means that, on a specific court-ordered electronic surveillance for switching system, equipment, facilities, 6 CALEA § 109(d). some time now. Carriers could, Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23235 consequently, readily anticipate that greater technical expertise, the FBI has 106 [Cooperation of Equipment such wiretapping would continue and consulted on several occasions with the Manufacturers and Providers of that the mechanisms of such FCC regarding the definition of Telecommunications Support Services], wiretapping would evolve as ‘‘significant upgrade or major as applicable.’’ 8 Therefore, the FBI does telecommunications technology modification.’’ The FBI offered to defer not accept this comment. advanced. These regulations do not to the FCC in this area; however, the 8. Availability of CALEA Compliant expand law enforcement authority but FCC determined that the definition of Technology merely maintain the ability of law ‘‘significant upgrade or major enforcement to conduct court-ordered modification’’ falls within the FBI’s Several commenters asserted that a surveillance. Carriers had no reasonable CALEA implementation responsibilities, pre-condition for the occurrence of a expectation that they would not be specifically with regard to ‘‘significant upgrade or major required to continue to provide reimbursement. modification’’ was the availability of assistance to law enforcement. Finally, With regard to the courts, CALEA CALEA compliant technology. Carriers the character of the government action section 108 does place the final could not be expected to include the involved suggests that regulations do authority regarding this issue with the CALEA solution along with any not involve a compensable taking. In courts in any enforcement order ‘‘significant upgrade or major carrying out CALEA, no law proceeding. However, that should not modification’’ if such a solution did not enforcement agency will physically preclude the FBI from defining this term exist. invade any carriers’ property or so that carriers will know whether their The FBI is cognizant of this issue and appropriate any carriers’ assets for its equipment, facilities and services are has taken steps to minimize the impact own use. The FBI feels that the grandfathered under CALEA section of the ‘‘significant upgrade or major regulations of which this definition is a 109(d), whether they may be eligible for modification’’ clause in these part substantially advance the Nation’s compensation under CALEA section circumstances. To this end, the FBI has legitimate interests in preserving public 109(a), and whether they may need to proposed the bipartite definition safety and national security. These petition the FCC under the provisions of proposed above, which limits interests would unquestionably be CALEA section 109(b). Therefore, the ‘‘significant upgrades or major jeopardized without the ability to FBI is proceeding with this rulemaking. modifications’’ prior to October 25, 1998 conduct court-ordered electronic to ‘‘any fundamental or substantial 5. Potential Burden on Small Carriers surveillance. Such wiretaps are critical change in the network architecture or to saving lives and preventing and Two associations representing the any change that fundamentally alters solving crimes. In sum, the FBI does not interests of carriers qualifying as ‘‘small the nature or type of the existing believe that the carriers are being forced entities’’ for regulatory purposes sought telecommunications equipment, facility, to bear a burden ‘‘which, in all fairness assurances that the proposed definition or service, that impedes law and justice, should be borne by the of ‘‘significant upgrade or major enforcement’s ability to conduct public as a whole.’’ Armstrong v. United modification’’ would take into lawfully authorized electronic States, 364 U.S. 40, 49, 80 S.Ct. 1563, consideration the potential burdens surveillance, unless such change is 4 L.Ed.2d 1554 (1960). imposed upon small carriers. The FBI is mandated by a Federal or State statute.’’ cognizant of the needs of small carriers Given that October 25, 1998 is the 4. FBI Authority To Define ‘‘Significant and has taken these needs into compliance date for CALEA capability, Upgrade or Major Modification’’ consideration during the development the FBI believes that this initial Some commenters challenged the of the proposed definition. This issue is definition will give carriers the time FBI’s authority to define the term addressed at length in Section F, Initial they need to make appropriate business ‘‘significant upgrade or major Regulatory Flexibility Analysis, below. decisions about their ‘‘equipment’’ in modification,’’ asserting that final light of CALEA’s ‘‘significant upgrade or 6. The Telecommunications Act of 1996 authority rests with either the FCC or major modification’’ clause and will not the courts. The FBI began this Several commenters were concerned penalize carriers for most upgrades or rulemaking proceeding regarding that upgrades and modifications modifications made to their ‘‘significant upgrade or major required by the Telecommunications ‘‘equipment’’ while the CALEA solution modification’’ at the request of Act of 1996, as well as other federal and is unavailable. However, carriers who commenters on the proposed cost state mandates, be exempt from made upgrades or modifications about recovery rule. In fact, some of the same consideration as ‘‘significant upgrades which no argument can be made entities which requested in their or major modifications’’ under CALEA. regarding their ‘‘significance’’ (e.g. comments on the proposed CALEA cost The FBI is persuaded by these changing from analogue to digital recovery rule that the FBI define comments and has worked such an switching) will still be required to ‘‘significant upgrade or major exemption into the proposed definition. comply with CALEA at their own modification,’’ are those who are now 7. Availability of a CALEA Standard expense. challenging the FBI’s authority to do so. There is no explicit language in Several commenters asserted that a 9. Definition of ‘‘Significant Upgrade’’ CALEA placing the definition of pre-condition for the occurrence of a Most commenters proposed a ‘‘significant upgrade or major ‘‘significant upgrade or major definition of ‘‘significant upgrade or modification’’ under the FCC’s modification’’ was the availability of an major modification’’ similar to the one authority.7 In fact, in light of the FCC’s industry-developed CALEA standard. proposed by the United States However, the plain language of CALEA Telephone Association (USTA): 7 See, however, the amendments to the states that the absence of a standard Significant upgrade or major modification Communications Act of 1934 contained in Title III shall not ‘‘relieve a carrier, includes only those upgrades or of CALEA, specifically 47 U.S.C. 229(a): ‘‘In manufacturer, or telecommunications modifications which are generally available general—the Commission shall prescribe such rules as are necessary to implement the requirements of support services provider of the to the industry and installed/implemented in the Communications Assistance for Law obligations imposed by sections 103 Enforcement Act.’’ [Assistance Capability Requirements] or 8 CALEA § 107(a)(3)(B). 23236 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules order to be consistent with industry- 3. Executive Order 12612 2. Legal Basis developed standards and/or FCC technical requirements associated with This final rule does not have a The proposed action is authorized implementation of CALEA. Such upgrades or substantial direct effect on the States, on under the Communications Assistance modifications pertain only to facilities, the relationship between the national for Law Enforcement Act, Pub. L. No. services, functions, etc. that affect Government and the States, or on 103–414, 108 Stat. 4279 (1994) (codified compliance with the capabilities [sic] distribution of power and as amended in scattered sections of 18 requirements of CALEA and represent U.S.C. and 47 U.S.C.). changes in the network architecture or responsibilities among the various changes that fundamentally alter the nature levels of government. Therefore, in 3. Description and Estimate of the or type of the existing telecommunications accordance with Executive Order 12612, Number of Small Entities to Which the equipment, facility, or service. Such term it is determined that this rule does not Proposed Rules Will Apply. does not include upgrades and/or have sufficient federalism implications modifications to networks mandated by state to warrant the preparation of a This proposed rule may have a or Federal law where CALEA compliant Federalism Assessment. significant economic impact on a technology is not available. substantial number of small telephone As discussed above, the FBI has taken 4. Executive Order 12988 companies identified by the SBA. The this proposed definition under FBI seeks comment on how small consideration and has incorporated This proposed rule meets the entities may be affected by the proposed parts of it into the FBI’s own proposed applicable standards set forth in definition of ‘‘significant upgrade or definition regarding upgrades and sections 3(a) and 3(b)(2) of Executive major modification.’’ Order 12988. modifications made between January 1, The RFA generally defines ‘‘small 1995 and the CALEA capability 5. Paperwork Reduction Act of 1995 entity’’ as having the same meaning as compliance date of October 25, 1998. the term ‘‘small business,’’ ‘‘small The FBI has also included in toto the This proposed rule contains no organization,’’ and ‘‘small governmental proposed exemption for upgrades or information collection requirements and jurisdiction’’ and the same meaning as modifications required by state and is not, therefore, subject to the the term ‘‘small business concern’’ federal mandates. However, the FBI Paperwork Reduction Act of 1995. under the Small Business Act, unless an believes that this definition will not F. Initial Regulatory Flexibility agency has developed one or more satisfy the intent of CALEA in the long Analysis definitions that are appropriate to its term. Therefore, the FBI has broadened activities.11 Under the Small Business the definition for modifications As required by the Regulatory Act, a ‘‘small business concern’’ is one occurring after October 25, 1998 to Flexibility Act (‘‘RFA’’),9 the FBI has that: (1) Is independently owned and include any upgrade or modification prepared an Initial Regulatory operated; (2) is not dominant in its field which impedes law enforcement’s Flexibility Analysis (‘‘IRFA’’) of the of operation; and (3) meets any ability to carry out lawfully authorized expected significant economic impact additional criteria established by the electronic surveillance. Such on small entities of this proposed rule. Small Business Administration (SBA).12 impediments are clearly ‘‘significant’’ Written public comments are requested The SBA has defined small business for and ‘‘major’’ in that they endanger on the IRFA. Comments must be Standard Industrial Classification (SIC) public safety and prevent law identified as responses to the IRFA and categories 4812 (Radiotelephone enforcement from carrying out its must be filed by the deadlines for Communications and 4813 (Telephone mission. Therefore, the FBI can accept comments on the NPRM provided above Communications, Except the commenters proposed definition on the first page, in the heading. The Radiotelephone) to be small entities only in part. FBI shall send a copy of this NPRM, when they have fewer than 1,500 13 E. Applicable Administrative including the IRFA, to the Chief employees. This IRFA first discusses Procedures and Executive Orders Counsel for Advocacy of the Small generally the total number of small Business Administration (SBA) in telephone companies falling within both 1. Unfunded Mandates accordance with section 603(a).10 of those SIC categories. Then, the IRFA The FBI has examined this proposed addresses the number of small 1. Need for and Objectives of the businesses within the two subcategories, rule in light of the Unfunded Mandates Proposed Rules Reform Act of 1995 and has tentatively and attempts to refine further those estimates to correspond with the concluded that this proposed rule will This NPRM responds both to the categories of telephone companies that not result in the expenditure by State, legislative mandate contained in Section are commonly used under the FCC’s local, and tribal governments, in the 109 of the Communications Assistance rules. It must be noted, however, that aggregate, or by the private sector, of for Law Enforcement Act, Pub. L. No. only small entities in operation on or $100,000,000 or more (adjusted 103–414, 108 Stat. 4279 (1994) (codified annually for inflation) in any one year. as amended in scattered sections of 18 11 U.S.C. and 47 U.S.C.) and to public 5 U.S.C. 601(3) (incorporating by reference the 2. Executive Order 12866 definition of ‘‘small business concern’’ in 15 U.S.C. comments received in response to the 632).Pursuant to 5 U.S.C. 601(3), the statutory The FBI examined this proposed rule proposed CALEA Cost Recovery Rules definition of a small business applies ‘‘unless an in light of Executive Order 12866 and published in the Federal Register on agency after consultation with the Office of Advocacy of the Small Business Administration has found that it constitutes a May 10, 1996 (61 FR 21396 . and after opportunity for public comment, significant regulatory action only under establishes one or more definitions of such term section 3(f)(4). In accordance with 9 U.S.C. 603. which are appropriate to the activities of the agency section 6 of Executive Order 12866, the 10 The Regulatory Flexibility Act, 5 U.S.C. § 601 and publishes such definition in the Federal FBI has submitted this proposed rule to et seq. has been amended by the Contract with Register.’’ America Advancement Act of 1996, Pub. L. No. 12 15 U.S.C. 632. See, e.g., Brown Transport the Office of Information and Regulatory 104–121, 110 Stat. 847 (1996) (CWAAA). Title II of Truckload, Inc. v. Southern Wipers,. Inc., 176 B.R Affairs, OMB, for review, and has met the CWAAA is the ‘‘Small Business Regulatory 82(Bankr. N.D.Ga. 1994). all of the requirements of this section. Enforcement Fairness Act of 1996’’ (SBREFA). 13 2 CFR 121.201. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23237 before January 1 1995 are affected by FBI is unable at this time to estimate these carriers are not independently this proposed rule. with greater precision the number of owned and operated, have more than wireline carriers and service providers 1,500 employees, or were not in Total Number of Telephone Companies that would qualify as small business operation prior to January 1, 1995, the (SIC 4813) Affected concerns under SBA’s definition. FBI is unable at this time to estimate, This proposed rule may have a Consequently, the FBI estimates that with greater precision the number of significant effect on a substantial there are fewer than 2,295 small entity IXCs that would qualify as small number of the small telephone telephone communications companies business concerns under SBA’s companies identified by SBA. The other than radiotelephone companies definition. Consequently, the FBI United States Bureau of the Census that may be affected by this proposed estimates that there are fewer than 130 (‘‘the Census Bureau’’) reports that, at rule. small entity IXCs that may be affected the end of 1992, there were 3,497 firms by this proposed rule. engaged in providing telephone Local Exchange Carriers. services, as defined therein, for at least Neither the FCC nor SBA has Competitive Access Providers one year.14 This number contains a developed a definition of small Neither the FCC nor SBA has variety of different categories of carriers, providers of local exchange services developed a definition of small entities including local exchange carriers, (LECs). The closest applicable definition specifically applicable to providers of interexchange carriers, competitive under SBA rules is for telephone competitive access services (CAPs). The access providers, cellular carriers, communications companies other than closest applicable definition under SBA mobile service carriers, operator service radiotelephone (wireless) companies. rules is for telephone communications providers, pay telephone operators, PCS The most reliable source of information companies other than radiotelephone providers, covered SMR providers, and regarding the number of LECs (wireless) companies. The most reliable resellers. It seems certain that some of nationwide of which the FBI is aware source of information regarding the those 3,497 telephone service firms may appears to be the data that the FCC number of CAPs nationwide of which not qualify as small entities because collects annually in connection with the the FBI is aware appears to be the data they are not ‘‘independently owned and Telecommunications Relay Service that the FCC collects annually in operated.’’15 For example, a PCS (TRS). According to the most recent connection with the TRS. According to provider that is affiliated with an data, 1,347 companies reported that the most recent data, 57 companies interexchange carrier having more than they were engaged in the provision of reported that they were engaged in the 1,500 employees would not meet the local exchange services.18 Although it provision of competitive access definition of a small business. It seems seems certain that some of these carriers services.20 Although it seems certain reasonable to conclude, therefore, that are not independently owned and that some of these carriers are not fewer than 3,497 telephone service firms operated, have more than 1,500 independently owned and operated, are small entity telephone companies employees, or were not in operation have more than 1,500 employees, or that may be affected by this proposed prior to January 1, 1995, the FBI is were not in operation prior to January rule. unable at this time to estimate with 1, 1995, the FBI is unable at this time greater precision the number of LECs to estimate with greater precision the Wireline Carriers and Service Providers that would qualify as small business number of CAPs that would qualify as SBA has developed a definition of concerns under SBA’s definition. small business concerns under SBA’s small entities for telephone Consequently, the FBI estimates that definition. Consequently, the FBI communications companies other than there are fewer than 1,347 small LECs estimates that there are fewer than 57 radiotelephone (wireless) companies. that may be affected by this proposed small entity CAPs that may be affected The Census bureau reports that there rule. by this proposed rule. were 2,321 such telephone companies Interexchange Carrier in operation for at least one year at the Wireless (Radiotelephone) Carriers end of 1992.16 According to SBA’s Neither the FCC nor SBA has SBA has developed a definition of definition, a small business telephone developed a definition of small entities small entities for radiotelephone company other than a radiotelephone specifically applicable to providers of (wireless) companies. The Census company is one employing fewer than interexchange services (IXCs). The Bureau reports that there were 1,176 1,500 persons.17 All but 26 of the 2,321 closest applicable definition under SBA such companies in operation for at least non-radiotelephone companies listed by rules is for telephone communications one year at the end of 1992.21 the Census Bureau were reported to companies other than radiotelephone According to SBA’s definition, a small have fewer than 1,000 employees. Thus, (wireless) companies. The most reliable business radiotelephone company is one even if all 26 of those companies had source of information regarding the employing fewer than 1,500 persons.22 more than 1,500 employees, there number of IXCs nationwide of which The Census Bureau also reported that would still be 2,295 non-radiotelephone the FBI is aware appears to be the data 1,164 of those radiotelephone companies that might qualify as small that the FCC collects annually in companies had fewer than 1,000 entities. Although it seems certain that connection with TRS. According to the employees. Thus, even if all of the some of these carriers are not most recent data, 130 companies remaining 12 companies had more than independently owned and operated, the reported that they were engaged in the 1,500 employees, there would still be provision of interexchange services.19 1,164 radiotelephone companies that 14 United States Department of Commerce, Although it seems certain that some of Bureau of the Census, 1992 Census of 20 13 CFR 121.201, SIC 4813. Transportation, Communications, and Utilities: 18 Federal Communications Commission, CCB, 21 United States Department of Commerce, Establishment and Firm Size, at Firm Size 1–123 Industry Analysis Division. Telecommunications Bureau of the Census 1992 Census of (1995) (‘‘1992 Census’’). Industry Revenue: TRS Fund Worksheet Data, Tbl. Transportation, Communications, and Utilities: 15 15 U.S.C. § 632(a)(1). 21 (Average Total Telecommunications Revenue Establishment and Firm Size, at Firm Size 1–123 16 Census, supra, at Firm Size 1–123. Reported by Class of Carrier) (December, 1996) (1995) (‘‘1992 Census’’). 17 13 CFR 121.201, Standard Industrial (‘‘TRS Worksheet’’). 22 13 CFR 121.201, Standard Industrial Classification (SIC) Code 4812. 19 TRS Worksheet. Classification (SIC) Code 4812. 23238 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules might qualify as small entities if they the number of resellers nationwide of finite as possible, the FBI has tentatively are independently owned and operated. which the FBI is aware appears to be the concluded that it is not feasible to make Although it seems certain that some of data that the FCC collects annually in special accommodations for small these carriers are not independently connection with the TRS. According to entities in this proceeding. The FBI owned and operated, the FBI is unable the most recent data, 260 companies arrived at this tentative conclusion at this time to estimate with greater reported that they were engaged in the knowing that CALEA itself makes ample precision the number of radiotelephone resale of telephone services.24 Although provisions for the protection of small carriers and service providers that it seems certain that some of these entities which make ‘‘significant would qualify as small business carriers are not independently owned upgrade[s] or major modification[s]’’ by concerns under SBA’s definition. and operated, have more than 1,500 allowing these carriers to petition the Consequently, the FBI estimates that employees, or were not in operation FCC for relief under CALEA section there are fewer than 1,164 small entity prior to January 1, 1995, the FBI is 109(b). radiotelephone companies that may be unable at this time to estimate with The FBI welcomes and encourages affected by this proposed rule. greater precision the number of resellers comments from concerned small entities that would qualify as small business Cellular and Mobile Service Carriers on this issue. concerns under SBA’s definition. In an effort to further refine the FBI’s Consequently, the FBI estimates that 6. Federal Rules That May Overlap, calculation of the number of there are fewer than 260 small entity Duplicate, or Conflict With the Proposed radiotelephone carriers, Cellular Service resellers that may be affected by this Rules Carriers and Mobile Service Carriers. proposed rule. Neither the FCC nor the SBA has The FBI is not aware of any developed a definition of small entities 4. Description of Projected Reporting, overlapping, duplicating, or conflicting specifically applicable to Cellular Recordkeeping and Other Compliance Federal Rules to the Federal Rule Service Carriers and to Mobile Service Requirements proposed in this document. Carriers. The closest applicable This proposed rule imposes no G. Electronic Submission of Comments definition under SBA rules for both reporting or recordkeeping requirements services is for telephone companies on small entities. Additionally, this While printed comments are other than radiotelephone (wireless) proposed rule does not impose any welcome, commenters are encouraged to companies. The most reliable source of other direct compliance requirements submit their responses on electronic information regarding the number of on small entities. However, this media. Electronic documents must be in Cellular Service Carriers and Mobile proposed rule does, by defining WordPerfect 6.1 (or earlier version) or Service Carriers nationwide of which ‘‘significant upgrade or major Microsoft Word 6.0 (or earlier) format. the FBI is aware appears to be the data modification,’’ clarify the threshold at Comments must be the only file on the that the FCC collects annually in which telecommunications equipment, disk. In addition, all electronic connection with the TRS. According to facilities and services installed or submissions must be accompanied by a the most recent data, 792 companies deployed on or before January 1, 1995 printed sheet listing the name, company reported that they are engaged in the cease to be grandfathered under CALEA or organization name, address, and provision of cellular services and 138 section 109. Should a carrier make a telephone number of an individual who companies reported that they are ‘‘significant upgrade or major can replace the disk should it be engaged in the provision of mobile modification’’ to such grandfathered damaged in transit. Comments under 10 services.23 Although it seems certain equipment, facility, or service, the pages in length can be faxed to the that some of these carriers are not carrier must then bring the equipment, Telecommunications Contracts and independently owned and operated, facility or service in question into Audit Unit, Attention: CALEA FR have more than 1,500 employees, or compliance with the assistance Representative, fax number (703) 814– were not in operation prior to January capability requirements of CALEA 4730. 1, 1995, the FBI is unable at this time section 103 at the carrier’s expense. [47 U.S.C. 1001–1010; 28 CFR 0.85(o)] to estimate with greater precision the 5. Significant Alternatives to Proposed List of Subjects in 28 CFR Part 100 number of Cellular Service Carriers and Rules Which Minimize Significant Accounting, Law enforcement, Mobile Service Carriers that would Economic Impact on Small Entities and Reporting and recordkeeping qualify as small business concerns Accomplish Stated Objectives under SBA’s definition. Consequently, requirements, Telecommunications, the FBI estimates that there are fewer The development of the proposed Wiretapping and electronic than 792 small entity Cellular Service definition of ‘‘significant upgrade or surveillance. major modification’’ is discussed at Carriers and fewer than 138 small entity For the reasons set out in the length in Section C, Definition Mobile Service Carriers that might be preamble, 28 CFR part 100 is proposed Development, of this NPRM, supra. The affected by the actions and rules to be amended as set forth below: adopted in this NPRM. FBI considered and rejected as impractical both technical and PART 100ÐCOST RECOVERY Resellers accounting definitions. Having REGULATIONS, COMMUNICATIONS Neither the FCC nor SBA has determined that CALEA’s intent was ASSISTANCE FOR LAW developed a definition of small entities best served by a definition focusing on ENFORCEMENT ACT OF 1994 specifically applicable to resellers. The public safety, the FBI then modified its closest applicable definition under SBA definition to incorporate industry’s 1. The authority citation for 28 CFR rules is for all telephone suggestions submitted in response to the part 100 continues to read as follows: communications companies. The most ANPRM. Authority: 47 U.S.C. 1001–1010; 28 CFR reliable source of information regarding Because this document proposes a 0.85(o). definition which must be as clear and as 23 TRS Worksheet, at Tbl. 1 (Number of Carriers 2. Section 100.22 is added to read as Reporting by Type of Carrier and Type of Revenue). 24 Id. follows: Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23239

§ 100.22 Definition of ``significant upgrade site-specific volatile organic compound regulates miscellaneous metal coating or major modification.'' (VOC) reasonably available control operations. NR 422.15 has been (a) For equipment, facilities or technology (RACT) State approved by the United States services for which an upgrade or Implementation Plan (SIP) revision for Environmental Protection Agency modification has been completed after the Amron Corporation facility located (USEPA) as meeting the RACT January 1, 1995 and on or before at 525 Progress Avenue in Waukesha. requirements of the Clean Air Act (Act). October 25, 1998, the term ‘‘significant The SIP revision was submitted by the Specifically, under NR 422.15(2)(a) upgrade or major modification’’ means Wisconsin Department of Natural and (b), when coating miscellaneous any fundamental or substantial change Resources (WDNR) on February 21, metal parts or products using a baked or in the network architecture or any 1997, and would exempt the facility specially cured coating technology, change that fundamentally alters the from the emission limits applicable to Amron may not exceed 4.3 pounds of nature or type of the existing miscellaneous metal coating operations. VOC per gallon of coating as applied for telecommunications equipment, facility DATES: Comments on this proposed rule clear coats and 3.5 pounds of VOC per or service, that impedes law must be received before May 28, 1998. gallon of coating as applied for extreme enforcement’s ability to conduct ADDRESSES: Written comments should performance coatings. Under NR lawfully authorized electronic be sent to: Carlton T. Nash, Chief, 422.15(3)(c), when coating surveillance, unless such change is Regulation Development Section, Air miscellaneous metal parts or products mandated by a Federal or State statute; using an air dried coating technology, (b) For equipment, facilities or Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 Amron may not exceed 3.5 pounds of services for which an upgrade or VOC per gallon for clear coatings. modification is completed after October West Jackson Boulevard, Chicago, 25, 1998, the term ‘‘significant upgrade Illinois 60604. II. Facility and Process Description or major modification’’ means any Copies of the proposed SIP revision As noted above, Amron manufactures change, whether through addition or and EPA’s analysis are available for several different kinds of projectiles for other modification, to any equipment, inspection at the U.S. Environmental the DOD. Process P01 at Amron is the facility or service that impedes law Protection Agency, Region 5, Air and paint operation which encompasses five enforcement’s ability to conduct Radiation Division, 77 West Jackson different lines for coating numerous lawfully authorized electronic Boulevard, Chicago, Illinois 60604. types and shapes of military items, surveillance, unless such change is (Please telephone Kathleen D’Agostino including the 25mm cartridge case, the mandated by a Federal statute. at (312) 886–1767 before visiting the Region 5 Office.) M430/M918TP, the M67/M69, the Dated: April 13, 1998. FOR FURTHER INFORMATION CONTACT: M56A4, and the M75 and M73 rockets. Louis Freeh, Kathleen D’Agostino, Environmental As a contractor to the DOD, Amron is Director, Federal Bureau of Investigation, Engineer, Regulation Development required to use certain paints which are Department of Justice. Section, Air Programs Branch (AR–18J), specified by the military. Each coating [FR Doc. 98–10928 Filed 4–27–98; 8:45 am] U.S. Environmental Protection Agency, was specified by DOD for its unique BILLING CODE 4410±02±M Region 5, Chicago, Illinois 60604, (312) characteristics. 886–1767. Exterior projectile coatings must SUPPLEMENTARY INFORMATION: protect against corrosion, provide color ENVIRONMENTAL PROTECTION identification and not chip, flake or rub AGENCY I. Background off. Exterior cartridge case coatings must On February 21, 1997, WDNR protect against corrosion, provide a low 40 CFR Part 52 submitted a site-specific VOC RACT SIP co-efficient of friction surface for [WI76±01±7305; FRL±6004±7] revision for the Amron Corporation feeding and extraction, as well as not facility located at 525 Progress Avenue chip or rub off. Interior and exterior Approval and Promulgation of State in Waukesha. Amron manufactures cartridge or projectile coatings must Implementation Plans; Wisconsin several different kinds of projectiles for protect against corrosion, provide a friction-free surface between the steel AGENCY: Environmental Protection a United States Department of Defense Agency. (DOD) contractor. Amron’s work is body and high explosives during loading, and be chemically compatible ACTION: Proposed rule. exclusively DOD contracts. The Amron facility is located in the with the high explosives. SUMMARY: The United States Milwaukee severe nonattainment area Below is a table listing the coatings Environmental Protection Agency and is subject to rule NR 422.15 of the used by Amron for the various (USEPA) is proposing to disapprove a Wisconsin Administrative code, which projectiles.

Product Description Type Military specification VOC lb/gal

25MM ...... Olive Drab ...... Polyamide-Amide Teflon ...... 12013517 6.4 M430/M918 ...... Red Oxide Primer ...... Alkyd ...... MIL±P±22332 4.52 Olive Drab Lacquer ...... Cellulose Nitrate ...... MIL±L±11195 4.94 Blue Lacquer ...... Cellulose Nitrate ...... MIL±L±11195 4.94 M67 ...... Red Oxide Primer ...... Alkyd ...... MIL±P±22332 4.52 Off-White Primer ...... Epoxy ...... MIL±P±53022 4.229 Green Zenthane ...... Polyurethane ...... MIL±C±53039 3.491 M69 ...... Blue Lacquer ...... Cellulose Nitrate ...... MIL±L±11195 (1) M56A4 ...... Asphalt Type I ...... Asphalt ...... MIL±C±450C 3.744 Yellow Lacquer ...... Cellulose Nitrate ...... MIL±L±11195 4.89 Red Lacquer ...... Cellulose Nitrate ...... MIL±L±11195 5.0 M73 ...... Olive Drab Lacquer ...... Cellulose Nitrate ...... MIL±L±11195 4.94 Yellow Lacquer ...... Cellulose Nitrate ...... MIL±L±11195 4.89 23240 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules

Product Description Type Military specification VOC lb/gal

Clear Lacquer & Blue Tint ...... Cellulose Nitrate ...... MIL±L±10287 5.07 M75 ...... Blue Lacquer ...... Cellulose Nitrate ...... MIL±L±11195 (1) Brown Lacquer ...... Cellulose Nitrate ...... MIL±L±11195 4.92 1 Unknown.

III. RACT Evaluation other vendors and is using the lowest significant impact on a substantial Amron hired a consultant to take bids VOC content coating which meets the number of small entities, because it does for a catalytic oxidation unit, a applicable military specification. not remove existing requirements or Furthermore, the variance is regenerative oxidation unit and a impose any new Federal requirements. unacceptable because it provides Amron regenerative catalytic oxidation unit. with no fixed applicable limits, and in D. Unfunded Mandates The cost ranged from $7,146 to $9,060 most cases, no applicable limits at all. Under section 202 of the Unfunded per ton to control one coating line and Granting the variance would give Mandates Reform Act of 1995, signed $9,909 to $18,657 per ton to control the Amron no incentive to seek the lowest into law on March 22, 1995, EPA must five coating lines. USEPA agrees that the VOC content coating available. Also, prepare a budgetary impact statement to cost of add-on controls seems to be while ‘‘usage records’’ are required, no accompany any proposed or final rule economically unreasonable. time frame, e.g. daily, is specified. that includes a Federal mandate that Amron has written letters to its prime For the reasons discussed above, may result in estimated costs to State, DOD contractor seeking permissible USEPA is proposing to disapprove this local, or tribal governments in the alternate coatings, but has received no SIP revision. aggregate, or to the private sector, of reply. Therefore, Amron contends that it $100 million or more. Under section IV. Miscellaneous needs an exemption from RACT 205, USEPA must select the most cost- requirements for these painting A. Applicability to Future SIP Decisions effective and least burdensome operations. The variance submitted Nothing in this action should be alternative that achieves the objectives states that the VOC content of the of the rule and is consistent with coatings used for a DOD contract shall construed as permitting, allowing or establishing a precedent for any future statutory requirements. Section 203 not exceed the DOD specification for requires USEPA to establish a plan for that coating. request for revision to any SIP. The EPA shall consider each request for revision informing and advising any small USEPA has reviewed the military governments that may be significantly specifications provided by Amron and to the SIP in light of specific technical, economic, and environmental factors or uniquely impacted by the rule. has independently investigated the USEPA has determined that the availability of alternate coatings. The and in relation to relevant statutory and regulatory requirements. disapproval action proposed does not coatings (above) used by Amron which include a Federal mandate that may are required to meet MIL–L–11195 B. Executive Order 12866 result in estimated costs of $100 million (actually MIL–L–11195D) range from The Office of Management and Budget or more to either State, local, or tribal 4.89 to 5.0 pounds of VOC per gallon of has exempted this regulatory action governments in the aggregate, or to the coating. This military standard was from Executive Order 12866 review. private sector. This Federal disapproval replaced by MIL–E–11195E which action imposes no new requirements. specifies a VOC content of 3.5 pounds C. Regulatory Flexibility Accordingly, no additional costs to per gallon and would comply with Under the Regulatory Flexibility Act, State, local, or tribal governments, or to RACT requirements. Amron should seek 5 U.S.C. 600 et seq., EPA must prepare the private sector, result. to modify its contract to allow for the a regulatory flexibility analysis E. Small Business Regulatory use of coatings complying with the assessing the impact of any proposed or Enforcement Fairness Act updated specification. final rule on small entities (5 U.S.C. The off-white primer covered by §§ 603 and 604). Alternatively, EPA may The Congressional Review Act, 5 specification MIL–P–53022 is listed as certify that the rule will not have a U.S.C. 801 et seq., as added by the Small having a VOC content of 4.229 pounds significant impact on a substantial Business Regulatory Enforcement per gallon. MIL–P–53022, however, number of small entities. Small entities Fairness Act of 1996, generally provides requires coatings to meet a VOC content include small businesses, small not-for- that before a rule may take effect, the of 3.5 pounds of VOC per gallon. Amron profit enterprises, and government agency promulgating the rule must has not explained this discrepancy. The entities with jurisdiction over submit a rule report, which includes a clear lacquer and blue tint covered by populations of less than 50,000. copy of the rule, to each House of the MIL–L–10287 does not appear on the USEPA’s disapproval of the State Congress and to the Comptroller General M73 drawing provided by Amron. The request under Section 110 and of the United States. Section 804, company should indicate where this subchapter I, part D of the Clean Air Act however, exempts from section 891 the coating is required so it will be possible does not affect any existing following types of rules: rules of to verify that no alternate specifications requirements applicable to small particular applicability; rules relating to are allowed. Finally, for the polyamide- entities. Any pre-existing Federal agency management or personnel; and amide Teflon coating covered by requirements remain in place after this rules of agency organization, procedure, specification 12013517, the red oxide disapproval. Federal disapproval of the or practice that do not substantially primer covered by MIL–P–22332, and State submittal does not affect its State affect the rights or obligations of non- the asphalt coating covered by MIL–C– enforceability. Moreover, USEPA’s agency parties. 5 U.S.C. 804(3). USEPA 450C, as well as clear lacquer and blue disapproval of the submittal does not is not required to submit a rule report tint coating covered by MIL–L–10287, impose any new Federal requirements. regarding this action under section 801 Amron should, at a minimum, Therefore, USEPA certifies that this because this is a rule of particular demonstrate that it has investigated disapproval action does not have a applicability. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23241

List of Subjects in 40 CFR Part 52 1998. If a hearing is held, comments on 25 to 50 copies of the statement or Environmental protection, Air this proposal must be submitted on or material to be presented be brought to pollution control, Hydrocarbons, before June 22, 1998. If no hearing is the hearing for distribution to the Intergovernmental relations, Ozone, held, comments must be submitted on audience. In addition, EPA would find Reporting and recordkeeping or before May 28, 1998. For additional it helpful to receive an advance copy of requirements. information on the public hearing see any statement or material to be Supplementary Information. presented at the hearing in order to give Authority: 42 U.S.C. 7401 et seq. ADDRESSES: Comments should be EPA staff adequate time to review the Dated: April 15, 1998. submitted in duplicate to Mr. Richard material before the hearing. Such David A. Ullrich, Babst, Environmental Engineer, Fuels advance copies should be submitted to Acting Regional Administrator, Region V. Implementation Group, Fuels and the contact person listed above. [FR Doc. 98–11278 Filed 4–27–98; 8:45 am] Energy Division (6406–J), 401 M Street The hearing will be conducted BILLING CODE 6560±50±P S.W., Washington, D.C. 20460. informally and technical rules of Public Hearing: A public hearing, if evidence will not apply. Because a held, will be at the Anchorage Federal public hearing is designed to give ENVIRONMENTAL PROTECTION Building, room 135, in Anchorage, interested parties an opportunity to AGENCY Alaska. participate in the proceeding, there are Docket: Copies of information no adversary parties as such. Statements 40 CFR Parts 69 and 80 relevant to this petition are available for by participants will not be subject to [FRL±5999±6] inspection in public docket A–96–26 at cross examination by other participants. the Air Docket of the EPA, first floor, A written transcript of the hearing will State of Alaska Petition for Exemption Waterside Mall, room M–1500, 401 M be placed in the public docket for From Diesel Fuel Sulfur Requirement Street S.W., Washington, D.C. 20460, review. Anyone desiring to purchase a AGENCY: Environmental Protection (202) 260–7548, between the hours of copy of the transcript should make Agency (EPA). 8:00 a.m. to 5:30 p.m. Monday through individual arrangements with the court Friday. A duplicate public docket has reporter recording the proceeding. The ACTION: Proposed rule. been established at EPA Alaska EPA Presiding Officer is authorized to SUMMARY: On March 14, 1994, EPA Operations Office—Anchorage, Federal strike from the record statements which granted the State of Alaska a waiver Building, Room 537, 222 W. Seventh he deems irrelevant or repetitious and to from the requirements of EPA’s low- Avenue, #19, Anchorage, AK 99513– impose reasonable limits on the sulfur diesel fuel program for motor 7588, and is available from 8:00 a.m. to duration of the statement of any vehicles, permanently exempting 5:00 p.m. Monday through Friday. A witness. EPA asks that persons who Alaska’s remote areas and providing a reasonable fee may be charged for testify attempt to limit their testimony temporary exemption for areas of Alaska copying docket materials. to ten minutes, if possible. served by the Federal Aid Highway FOR FURTHER INFORMATION CONTACT: Mr. The Administrator will base her final System. The exemption applied to Richard Babst, Environmental Engineer, decision with regard to Alaska’s petition certain requirements in section 211(i) Fuels Implementation Group, Fuels and for exemption from the diesel fuel sulfur and (g) of the Clean Air Act, as Energy Division (6406–J), 401 M Street content requirement on the record of the implemented in EPA’s regulations. On S.W., Washington, D.C. 20460, (202) public hearing, if held, and on any other December 12, 1995, the Governor of 564–9473. relevant written submissions and other Alaska petitioned EPA to permanently SUPPLEMENTARY INFORMATION: pertinent information. This information exempt the areas covered by the will be available for public inspection at temporary exemption. In this document, Public Hearing Information the EPA Air Docket, Docket No. A–96– EPA is proposing to grant Alaska’s Anyone wishing to testify at the 26 (see ADDRESSES). For more petition for a permanent exemption for public hearing scheduled for May 21, information on public participation, see areas of Alaska served by the Federal 1998, should notify Richard Babst by SUPPLEMENTARY INFORMATION: VII. Public Aid Highway System. telephone at (202) 564–9473, by fax at Participation. This proposed rulemaking, if (202) 565–2085, or by Internet message Table of Contents finalized, is not expected to have a at [email protected]. If the above significant impact on the ability of I. Regulated Entities contact person fails to receive any II. Electronic Copies of Rulemaking Alaska’s communities to attain the requests for testifying on this proposal Documents National Ambient Air Quality Standards by May 12, 1998, the hearing will be III. Background for carbon monoxide and particulate canceled without further notification. IV. Petition for Exemption matter, due to the limited contribution Persons interested in determining if the V. Comments Received and Other Issues of emissions from diesel motor vehicles hearing has been canceled should VI. Decision for Permanent Exemption in those areas and the sulfur level contact the person named above after VII. Public Participation currently found in motor vehicle diesel May 12, 1998. VIII. Statutory Authority fuel used in Alaska. However, if The public hearing, if held, will begin IX. Administrative Designation and circumstances change such that the Regulatory Analysis at 9:00 a.m and continue until all X. Compliance With the Regulatory exemption is no longer appropriate interested parties have had an Flexibility Act under Section 325 based on opportunity to testify. A sign-up sheet XI. Paperwork Reduction Act consideration of the factors relevant will be available at a registration table XII. Unfunded Mandates Act under that section, EPA could withdraw the morning of the hearing for this exemption in the future after public scheduling testimony for those who I. Regulated Entities notice and comment. have not previously notified the contact Entities potentially regulated by this DATES: EPA will conduct a public person listed above. Testimonies will be action are refiners, marketers, hearing on today’s proposal May 21, scheduled on a first come, first serve distributors, retailers and wholesale 1998, if one is requested by May 12, basis. EPA suggests that approximately purchaser-consumers of diesel fuel for 23242 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules use in the state of Alaska. Regulated categories and entities include:

Category Examples of regulated entities

Industry ...... Petroleum distributors, marketers, retailers (service station owners and operators), wholesale purchaser consum- ers (fleet managers who operate a refueling facility to refuel motor vehicles). Individuals ...... Any owner or operator of a diesel motor vehicle. Federal Government ...... Federal facilities, including military bases which operate a refueling facility to refuel motor vehicles.

This table is not intended to be and enforce the requirements of diesel fuel from having a sulfur exhaustive, but rather provides a guide paragraph (1), and authorizes the concentration greater than 0.05 percent for readers regarding entities likely to be Administrator to require that diesel fuel by weight, or failing to meet a minimum regulated by this action. This table lists not intended for motor vehicles be dyed cetane index of 40. Subsection (2) the types of entities that EPA is now in order to segregate that fuel from requires the Administrator to aware could potentially be regulated by motor vehicle diesel fuel. Section promulgate regulations to implement this action. Other types of entities not 211(i)(4) provides that the States of and enforce the requirements of listed in the table could also be Alaska and Hawaii may seek an subsection (1), and authorizes the regulated. To determine whether your exemption from the requirements of Administrator to require that diesel fuel facility is regulated by this action, you subsection 211(i) in the same manner as not intended for motor vehicles be dyed should carefully examine the criteria provided in section 325 1 of the Act, and in order to segregate that diesel fuel contained in §§ 80.29 and 80.30 of title requires the Administrator to take final from motor vehicle diesel fuel. The 40 of the Code of Federal Regulations as action on any petition filed under this petition requested that the modified by today’s action. If you have subsection, which seeks exemption from Environmental Protection Agency (EPA) questions regarding the applicability of the requirements of section 211(i), temporarily exempt motor vehicle diesel this action to a particular entity, consult within 12 months of the date of such fuel manufactured for sale, sold, one of the persons listed in the petition. supplied, or transported within the preceding FOR FURTHER INFORMATION Section 325 of the Act provides that Federal Aid Highway System from CONTACT section. upon application by the Governor of meeting the sulfur content requirement Guam, American Samoa, the Virgin specified in section 211(i) until October II. Electronic Copies of Rulemaking Islands, or the Commonwealth of the 1, 1996. The petition also requested a Documents Northern Mariana Islands, the permanent exemption from such The preamble and regulatory language Administrator may exempt any person requirements for those areas of Alaska are also available electronically from the or source, or class of persons or sources, not reachable by the Federal Aid EPA Internet Web site. This service is in such territory from any requirement Highway System. The petition was free of charge, except for any cost you of the Act, with some specific based on geographical, meteorological, already incur for Internet connectivity. exceptions. Such exemption may be air quality, and economic factors unique An electronic version is made available granted if the Administrator finds that to the State of Alaska. on the day of publication on the primary compliance with such requirement is The petition was granted on March Web site listed below. The EPA Office not feasible or is unreasonable due to 22, 1994 (59 FR 13610) and applied to of Mobile Sources also publishes these unique geographical, meteorological, or all persons in Alaska subject to section notices on the secondary Web site listed economic factors of such territory, or 211(i) and related provisions in section below. such other local factors as the 211(g) of the Act and EPA’s low-sulfur http://www.epa.gov/docs/fedrgstr/EPA- Administrator deems significant. requirement for motor vehicle diesel AIR/(either select desired date or use fuel in 40 CFR 80.29. Persons in Search feature) IV. Petition for Exemption communities served by the Federal Aid http://www.epa.gov/OMSWWW/(look On February 12, 1993, the Honorable Highway System were exempt from in What’s New or under the specific Walter J. Hickel, then Governor of the compliance with the diesel fuel sulfur rulemaking topic) State of Alaska, submitted a petition to content requirement until October 1, Please note that due to differences exempt motor vehicle diesel fuel in 1996. Persons in communities that are between the software used to develop Alaska from subsections (1) and (2) of not served by the Federal Aid Highway the document and the software into section 211(i), except the minimum System were permanently exempt from which the document may be cetane index requirement of 40. compliance with the diesel fuel sulfur downloaded, changes in format, page Subsection (1) prohibits motor vehicle content requirement. Both the length, etc. may occur. permanent and temporary exemptions 1 Section 211(i)(4) mistakenly refers to apply to all persons who manufacture, III. Background exemptions under section 324 of the Act (‘‘Vapor sell, supply, offer for sale or supply, Recovery for Small Business Marketers of Section 211(i)(1) of the Act prohibits Petroleum Products’’). The proper reference is to dispense, transport, or introduce into the manufacture, sale, supply, offering section 325, and Congress clearly intended to refer commerce, in the State of Alaska, motor for sale or supply, dispensing, transport, to section 325, as shown by the language used in vehicle diesel fuel. Alaska’s exemptions or introduction into commerce of motor section 211(i)(4), and the United States Code do not apply to the minimum cetane citation used in section 806 of the Clean Air Act vehicle diesel fuel which contains a Amendments of 1990, Public Law No. 101–549. requirement for motor vehicle diesel concentration of sulfur in excess of 0.05 Section 806 of the Amendments, which added fuel. percent by weight, or which fails to paragraph (i) to section 211 of the Act, used 42 On December 12, 1995, the Honorable meet a cetane index minimum of 40 U.S.C. 7625–1 as the United States Code Governor Tony Knowles, Governor of designation for section 324. This is the proper beginning October 1, 1993. Section designation for section 325 of the Act. Also see 136 the State of Alaska, petitioned the 211(i)(2) requires the Administrator to Cong. Rec. S17236 (daily ed. October 26, 1990) Administrator for a permanent promulgate regulations to implement (statement of Sen. Murkowski). exemption for all areas of the state Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23243 served by the Federal Aid Highway amount of daily sunlight and other engine operations. Alaska has the System, that is, those areas covered only temperature, which in turn affects the most severe cloud point specification by the temporary exemption. On August period of time during which for diesel fuel in the U.S. at ¥56°F. 19, 1996, EPA extended the temporary construction can occur, and, ultimately, Because Alaska experiences extremely exemption until October 1, 1996 (61 FR the cost of construction in Alaska. low temperatures in comparison to the 42812), to give ample time for the According to the petition, Alaska’s other 49 states, and the cloud point agency to consider comments to that extreme northern location places it in a specifications for diesel fuel in the petition that were subsequently unique position to fuel transcontinental lower 49 states are not as severe, most submitted. Today’s proposed decision cargo flights between Europe, Asia, and diesel fuel used in Alaska is produced addresses EPA’s final action on the North America. Roughly 75 percent of by refiners located in Alaska. Jet-A petition submitted on December 12, all air transit freight between Europe kerosene meets the same cloud point 1995. EPA proposes to grant the petition and Asia lands in Anchorage, as does specification as No. 1 diesel fuel (which for a permanent exemption for all areas that between Asia and the United States. is marketed primarily during the winter of the state served by the Federal Aid The result is a large market for jet fuel in Alaska, as opposed to No. 2 diesel Highway System. This proposed (Jet-A kerosene) produced by local fuel which is marketed primarily in the permanent exemption, when combined refiners, which decreases the relative summer) and is commonly mixed with with the previously granted permanent importance of highway diesel fuel to or used as a substitute for No. 1 diesel exemption for all areas of the state not these refiners. Based on State tax fuel. However, because Jet-A kerosene served by the Federal Aid Highway revenue receipts and estimates by can have a sulfur content as high as 0.3 System, would effectively provide the Alaska’s refiners, diesel fuel percent, the motor vehicle diesel fuel entire state of Alaska a permanent consumption for highway use represents sulfur requirement of 0.05 percent exemption. While this exemption would roughly five percent of total Alaska would generally prohibit using Jet-A 2 be permanent, EPA would reserve the distillate fuel consumption. kerosene from being used as a fuel for right to withdraw it in the future after B. Climate, Meteorology and Air Quality motor vehicles. public notice and comment if circumstances change such that the Alaska’s climate is colder than that of Ice formation on the navigable waters exemption is no longer appropriate the other 49 states. The extremely low during the winter months restricts fuel under section 325 based on temperatures experienced in Alaska delivery to off-highway areas served by consideration of the factors relevant during the winter imposes a more severe barge lines. Therefore, fuel is generally under that section. fuel specification requirement for diesel only delivered to these areas between The following subsections summarize fuel in Alaska than in the rest of the the months of May and October. This the state’s support for the exemption as country. This specification, known as a further restricts the ability of fuel provided for in the petition and ‘‘cloud point’’ specification 3 distributors in Alaska to supply rationale for the agency’s proposed rule significantly affects vehicle start-up and multiple grades of petroleum products to grant the exemption. Comments to these communities. received by the agency, subsequent 2 EPA independently verified these statements The only violations of national and estimates based on statistics from the Federal submittals by Alaska, and additional Highway Administration and the Department of ambient air quality standards in Alaska rationale for the agency’s rule to grant Energy. These statistics show that the proportion of have been for carbon monoxide (CO) the permanent exemption are provided jet fuel consumption compared to total distillate and particulate matter (PM10). CO in section V. consumption is approximately 65 percent for violations have only been recorded in Alaska, compared to approximately 26 percent for A. Geography and Location of the State the United States. The per-capita consumption of jet the State’s two largest communities: of Alaska fuel is approximately 26.6 barrels per year for Anchorage and Fairbanks. PM10 Alaska, compared to approximately 2.1 barrels per violations have only been recorded in Alaska is about one-fifth as large as year for the United States. The proportion of diesel fuel consumption for highway use compared to two rural communities, Mendenhall the combined area of the lower 48- Valley of Juneau and Eagle River in states. Because of its extreme northern total distillate consumption is approximately three percent for Alaska, compared to approximately 29 Anchorage. The most recent PM10 location, rugged terrain and sparse percent for the United States. The per-capita inventories for these two communities population, Alaska relies on barges to consumption of diesel fuel for highway use is show that these violations are largely deliver a large percentage of its approximately 1.2 barrels per year for Alaska, compared to approximately 2.3 barrels per year for the result of fugitive dust from paved petroleum products. No other state the United States. and unpaved roads, and that diesel relies on this type of delivery system to 3 The cloud point defines the temperature at motor vehicles are responsible for less the extent Alaska does. which cloud or haze or wax crystals appears in the than one percent of the overall PM10 Only 35 percent of Alaska’s fuel. The purpose of the cloud point specification is to ensure a minimum temperature above which being emitted within the borders of each communities are served by the Federal of these areas 4. Moreover, Eagle River Aid Highway System, which is a fuel lines and other engine parts are not plugged by solids that form in the fuel. This specification is has not had a violation of the PM10 combination of road and marine designated by the American Society for Testing and standard since 1986. Mendenhall Valley Materials (ASTM) in its ‘‘Standard Specification for highways. The remaining 65 percent of has initiated efforts for road paving to be Alaska’s communities are served by D975–96 Diesel Fuel Oils’’, and varies by area of the country and by month of the year based on implemented to control road dust. The barge lines and are referred to as ‘‘off- historical temperature records. Alaska has the most sulfur content of diesel fuel is not highway’’ or ‘‘remote’’ communities. stringent cloud point specification in the United expected to have a significant impact on Although barge lines can directly access States. For example in January, Alaska’s cloud point ambient PM10 or CO levels in any of some off-highway communities, those specification is ¥56°F, ¥26°F, and ¥2°F for the northern (above 62° latitude), southern (below 62° these areas because of the minimal communities that are not located on a latitude), and Aleutian Islands plus southeastern contribution by diesel motor vehicles to navigable waterway are served by a two- coast region, respectively. In contrast, the most PM10 in these areas and the insignificant stage delivery system: over water by stringent cloud point specification in January in the lower-48 states is ¥29°F for Minnesota. For the barge line and then over land to reach 4 State of Washington, from which some imported ‘‘PM10 Emission Inventories for the Mendenhall the community. distillate is imported into Alaska, the January cloud Valley and Eagle River Areas,’’ prepared for the U.S. Because of the State’s high latitude, it point specification is +19.4°F and 0°F for the Environmental Protection Agency, Region X, by experiences seasonal extremes in the western and eastern parts of the State, respectively. Engineering-Science, February 1988. 23244 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules effect of diesel fuel sulfur content on CO Demand for Jet-A kerosene, which is for off-highway uses, such as operating emissions. also sold as No. 1 diesel fuel because it diesel powered electrical generators. Finally, EPA recognizes that the meets Alaska’s winter cloud point D. Environmental Factors primary purpose of reducing the sulfur specification, accounts for about half of content of motor vehicle diesel fuel is to Alaska’s distillate consumption and Information provided to EPA by the reduce vehicle particulate emissions. dominates refiner planning. A survey of State of Alaska indicates that refiners Additional benefits cited in the final the refiners in Alaska, conducted by the supply and distribute standard diesel rule (55 FR 34120, August 21, 1990) State, revealed that it would cost over fuel in the summer which has a sulfur include a reduction in sulfur dioxide $100,000,000 in construction and content of approximately 0.3 percent by (SO2) emissions and the ability to use process modifications to refine Alaska weight, and supply and distribute Jet-A exhaust after-treatment devices on North Slope (ANS) crude into diesel kerosene in the winter as an Arctic- diesel fueled vehicles, which would fuel that would meet the 0.05 percent grade diesel, which has a sulfur content result in some reduction of HC and CO sulfur requirement to meet the demand between 0.065 and 0.11 percent by exhaust emissions. The use of high- for highway diesel fuel. Among the weight from Alaskan refiners, and 0.03 sulfur diesel fuel may cause plugging or reasons for the high cost include the percent by weight from one refiner in increased particulate sulfate emissions construction costs in Alaska, which are the lower-48 states. Thus, the reported in diesel vehicles equipped with trap 25 to 65 percent higher than costs in the level of sulfur in motor vehicle diesel systems or oxidation catalysts, and lower 48 states, and the cost of fuel used in Alaska is below the current could impair the ability of oxidation modifying the fuel production process ASTM sulfur specification which allows catalysts to reduce HC and CO exhaust itself. The petition states that because up to 0.5 percent by weight. Therefore, emissions. However, any increase in there is such a small demand for in general, the impact of not requiring sulfate particulate emissions would highway diesel fuel in Alaska, the costs the low-sulfur motor vehicle diesel fuel likely have an insignificant effect on that would be incurred to comply with program in Alaska is not as significant ambient PM10 levels in Alaska since section 211(i)’s sulfur requirement are as it would be if the current fuel current diesel motor vehicle excessive in light of the expected approached the ASTM allowable sulfur contributions to PM10 emissions are benefits. Without an exemption from content level. minimal. Also, the lower sulfur having to meet this requirement, most Although the State’s largest requirement for motor vehicle diesel refiners would choose to exit the market communities, Fairbanks and Anchorage, fuel will have no impact on the for highway diesel fuel. are CO nonattainment areas, granting attainment prospects of Fairbanks and this exemption is not expected to have Anchorage with respect to CO, since Whether low-sulfur diesel fuel is any significant impact on ambient CO reducing sulfur content has no direct produced in Alaska or imported from levels because the sulfur content in affect on CO emissions. Since Alaska is the lower-48 states or Canada, there diesel fuel does not significantly affect remains the problem of segregating the in attainment with the ozone and SO2 CO emissions. Two rural communities national ambient air quality standards, two fuels for transport to communities are designated nonattainment areas with along the FAHS accessible only by there is currently no concern for respect to particulate matter (PM10); navigable waterways and subsequent reducing HC or SO2 emissions. however, diesel motor vehicle exhaust The Agency recognizes that granting storage of the fuels in those is responsible for less than one percent communities. Fuel is delivered to these this exemption means Alaska will of the overall PM10 being emitted within forego the potential benefits to its air communities only between the months the borders of these two areas where quality resulting from the use of low- of May and October due to ice formation fugitive dust is reported to be the most sulfur diesel fuel. However, EPA which blocks waterways leading to significant problem. Thus, EPA believes believes that the potential benefits to these communities for much of the that granting a permanent exemption to Alaska’s air quality are minimal and are remainder of the year. The fuel supplied communities served by the Federal Aid far outweighed by the increased costs to these communities during the Highway System will not have a resulting from factors unique to Alaska summer months must last through the significant impact on the ability of any to communities served by the Federal winter and spring months until of these communities to meet the Aid Highway System. resupply can occur. Additionally, the current national ambient air quality existing fuel storage facilities limit the standards. C. Economic Factors number of fuel types that can be stored In complying with the section 211(i) for use in these communities. The cost V. Comments Received and Other sulfur requirement, refiners have the of constructing separate storage facilities Issues option to invest in the process and providing separate tanks for This section addresses issues and modifications necessary to produce low- transport of low-sulfur diesel fuel for comments that EPA needed more time sulfur diesel fuel for use in motor motor vehicles could be significant. to consider at the time of the August 19, vehicles, or not invest in the process This is largely due to the high cost of 1996 extension of the temporary modifications and only supply diesel construction in Alaska relative to the exemption for areas served by the fuel for off-highway purposes (e.g., lower 48 states, and the constraints Federal Aid Highway System. heating, generation of electricity, non- inherent in distributing fuel in Alaska. road vehicles). Most of Alaska’s refiners One alternative to constructing separate A. Availability of Arctic-Grade, Low- indicated that local refineries would storage facilities is to supply only low- Sulfur Diesel Fuel From Out-of-State choose to exit the market for highway sulfur diesel fuel to these communities. Refiners diesel fuel if an exemption from the However, the result would require use In a letter to the Alaska Department of low-sulfur requirement is not granted. of the higher cost, low-sulfur diesel fuel Environmental Conservation of July 20, This is because of limited refining for all diesel fuel needs. This would 1995, the Clean Air Coalition suggested capabilities, the small size of the market greatly increase the already high cost of that importing low-sulfur diesel fuel is for highway diesel fuel in Alaska, and living in these communities, since a a low cost option to comply with the the costs that would be incurred to large percentage of distillate low-sulfur highway diesel fuel produce low-sulfur diesel fuel. consumption in these communities is requirement, since highway diesel fuel Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23245 is such a small part of the diesel fuel and northern British Columbia.’’ The expensive per gallon than high sulfur market in Alaska. It also noted that petition concludes that ‘‘sufficient fuel.6 Southeast Alaska already imports low- Canadian fuel is not available to meet Alaska’s December 12, 1995 Petition sulfur diesel fuel from Puget Sound. Alaska’s diesel fuel needs for an arctic- for Exemption indicates the cost of Although the 1995 staff report from grade low-sulfur diesel fuel.’’ transporting diesel fuel to Alaska the Low-Sulfur Diesel Task Force agreed depends on the destination. In EPA believes, based on the that some low-sulfur diesel fuel is being Southeast Alaska the transportation information provided, that adequate imported to Southeast Alaska, generally costs would not increase by using low- supplies of arctic-grade low-sulfur from the Puget Sound area, an October sulfur diesel fuel because fuel is already diesel fuel are not likely to be available 13, 1997 letter to EPA from the Alaska imported to that area. However, the for import into Alaska. Even if U.S. Department of Environmental shipping costs would increase for other Conservation, indicated that much of refiners in the lower-48 states wanted to areas which currently obtain their fuel this ‘‘low-sulfur’’ diesel fuel may not enter this market, they would have to from in-state refineries. For example, comply with the Federal sulfur confront the similar problem that would the shipping cost for low-sulfur diesel requirements for motor vehicle diesel be encountered by the Alaskan refiners fuel from the Puget Sound area to fuel. Much of the ‘‘low-sulfur’’ fuel of changing or modifying the refineries Anchorage would be approximately four being imported is, in fact, downgraded to produce low-sulfur arctic-grade motor cents per gallon, according to one Jet-A kerosene. The letter explains that vehicle diesel fuel, or Jet-A kerosene distributor. in Southeast Alaska, jet fuel is a that meets the Federal motor vehicle In its September 3, 1997 submittal of significant portion of the distillate sulfur requirement. The Alaskan information to EPA, the Alaska market, but tank storage is limited. refiners, which produce significant Department of Environmental Because of this storage limitation and amounts of Jet-A kerosene, apparently Conservation said it surveyed three the very specific requirements for jet have already concluded that the small major distributors in Southeast Alaska. fuel, two of the three major distributors highway diesel market in Alaska is too Two of these distributors indicated they surveyed by the Alaska Department of small for such changes and provide only low-sulfur diesel fuel (they Environmental Conservation purchase modifications to be economical. downgrade Jet-A kerosene to sell as only Jet-A kerosene to supply all their Economic feasibility directly relates to diesel fuel), but it does not meet the customers for aviation and other uses, availability, since EPA does not have 0.05 percent low sulfur motor vehicle including motor vehicles. But even if authority to require refiners to enter or diesel fuel requirement. Excluding some diesel fuel being imported to remain in the motor vehicle diesel fuel distillate sold as jet fuel, an estimated Southeast Alaska is actually low-sulfur market in Alaska. Finally, Canada is not 23 percent of diesel fuel is sold for on- motor vehicle fuel rather than Jet-A a likely source of imports, because its road uses.7 These distributors indicated kerosene, it would not be arctic grade. refiners apparently do not have the the price difference between the low- In Southeast Alaska, the climate is mild capacity to export low-sulfur diesel fuel sulfur (Jet-A kerosene) and high-sulfur enough to use the same fuel that is to Alaska. diesel fuels vary from one to four cents refined for the Seattle area. B. Cost of Importing Low-Sulfur Diesel per gallon. Consequently, for these two distributors because of the lack of Consequently, the fuel being imported Fuel into Southeast Alaska either does not separate storage capacity, the estimated meet the Federal sulfur requirements for In letters to the Alaska Department of price increase for non-motor vehicle motor vehicles, or is not arctic grade, or Environmental Conservation of July, users in Juneau is $92,000 to $368,000 both. 1995 and October 30, 1995, the Clean per year. In its October 13, 1997 letter The Low-Sulfur Diesel Task Force Air Coalition suggested that Alaskan to EPA, the Alaska Department of also investigated the potential for refineries and fuel distributors have not Environmental Conservation verified importing low-sulfur motor vehicle documented that there will be any that the ‘‘low-sulfur’’ diesel fuel being diesel fuel from British Columbia, increase to the consumer in complying imported into Southeast Alaska is Jet-A which has required low-sulfur diesel with the low-sulfur requirement, and kerosene, which tends to be more fuel as of April 15, 1995.5 The task force that increasing imports is a viable expensive than low-sulfur motor vehicle concluded that Canada does not appear alternative to fuel produced in-state. diesel fuel but does not necessarily meet to be a significant source of low-sulfur The Clean Air Coalition noted that it the Federal sulfur requirements. highway diesel fuel to Alaska. In costs five cents a gallon to import the In evaluating the cost of importing support of this contention, Alaska’s fuel, and companies already import a low-sulfur diesel fuel, EPA has December 12, 1995 Petition for significant amount of fuel to sell Exemption stated that the British 6 For an independent ‘‘snap-shot’’ assessment of alongside fuel produced in-state. It the price difference between low and high sulfur Columbia Ministry of Environment further noted that Southeast Alaska diesel fuel, EPA looked at one time-period, the reported supplies of low-sulfur diesel in already imports low-sulfur diesel from weeks of August 1 through August 29, 1997. From British Columbia ‘‘will remain tight’’. Puget Sound with no additional costs to summary statistics published in ‘‘The Oil Daily’’ for The Petition also stated that, based on consumers. that time period, EPA calculated the difference discussions with Alaska refiners, between the average price of low-sulfur diesel fuel The 1995 staff report of the Low- and the average price of high-sulfur diesel fuel. This ‘‘Canadian fuel does not seem to be Sulfur Diesel Task Force indicated that calculated price difference was 0.79 and 1.16 cents available for Alaska’’, and one Alaska per gallon for the Gulf Coast and New York areas, diesel fuel being shipped to Southeast refiner reported that diesel fuel ‘‘is sold respectively. The Oil Daily also provides summary Alaska is not segregated in shipping statistics for the Los Angeles area, but not for high- from Alaska into the Yukon Territory barges, and the same fuel that is sold for sulfur fuel, which apparently is not distributed in Los Angeles. 5 British Columbia is the Canadian Province non-road uses, such as heating oil, is 7 EPA calculated that if jet fuel were included in directly north of the State of Washington, and also sold as motor vehicle diesel fuel. the total distillate sales, the estimate for on-road directly south and east of Southeast Alaska. Directly The distributors buy the fuel that has uses in Southeast Alaska would be eight percent, north of British Columbia and east of the interior the lowest cost. The report noted that which is consistent with earlier estimates by the of Alaska is the Canadian Province of Yukon, which Alaska Department of Environmental Conservation does not require low-sulfur motor vehicle diesel low-sulfur diesel fuel can vary from six that motor vehicle use of total distillates is fuel. cents more expensive to three cents less approximately five percent statewide. 23246 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules considered two principle components of EPA believes that this cost would be the petition, distribution costs are likely importation costs: (1) The cost of the either zero or minimal. to be higher in Kodiak and other lower fuel to be imported, and (2) the shipping Increased shipping costs to other volume distribution locations, which costs. These components are discussed areas of Alaska may be more than would have to recover the increased separately, as follows. minimal. For areas that already receive cost of tank and piping additions or The cost of the fuel to be imported is imported distillate, current shipping modifications over a small volume of difficult to assess because of the limited cost estimates are for shipments of non- fuel. One distributor in Kodiak stated information. The 1995 Staff Report of segregated distillate, of which only that its cost increase might be as high as the Low-Sulfur Diesel Task Force about five percent is intended for 20 cents-per-gallon. In contrast, one indicated that low-sulfur diesel fuel can highway use. Similarly as with distributor in Anchorage indicated it vary from six cents more expensive to Southeast Alaska, the low-sulfur would not have to build a new tank for three cents less expensive per gallon requirement would require either low-sulfur diesel, and reported it would than high-sulfur diesel fuel. Two major segregated or separate shipments for have no increase in distribution cost. fuel distributors for Southeast Alaska motor vehicle diesel fuel, but EPA In its August 5, 1997 submittal to recently estimated the difference in cost believes that this cost increase would be EPA, the Alaska Department of between low-sulfur diesel fuel and high- either zero or minimal. For areas that Environmental Conservation estimated sulfur diesel fuel to be one to four cents are now served by in-state refineries, that if low-sulfur diesel fuel were per gallon. The actual costs could be low-sulfur diesel fuel for motor vehicles required for highway vehicles, even if even higher. As indicated by these two would have to be imported, thereby only during the summer, the distributors, the low-sulfur diesel fuel adding shipping costs. The Alaska Clean distribution cost increases would range they import is downgraded Jet-A Air Coalition noted that it currently from five to twenty cents per gallon. In kerosene, which is arctic grade but does costs five cents a gallon to import fuel. its September 3, 1997 submittal of not necessarily meet the low-sulfur One distributor estimated a cost of four information to EPA, the Alaska motor vehicle requirements. cents per gallon for shipping imported Department of Environmental One would ordinarily presume that if fuel from Puget Sound to Anchorage. Conservation said it surveyed three the diesel fuel meeting the low-sulfur This analysis may be purely academic, major distributors in Southeast Alaska. requirements cost less, it would be the however, in refiners in the lower-48 One of these distributors indicated it fuel of choice for the importers. states decide to not produce the imports both high and low sulfur However, according to the October 13, required low-sulfur arctic grade diesel (downgraded Jet-A kerosene) diesel fuel 1997 letter from the Alaska Department fuel because of the small motor vehicle into Southeast Alaska, but it mixes the of Environmental Conservation, the diesel market in Alaska. two together because it does not have distributors import the more expensive separate storage facilities. The other two C. Costs of Storing and Distributing Low- Jet-A kerosene for all uses because distributors indicated they provide only Sulfur Diesel Fuel limited storage prevents segregation low-sulfur diesel (downgraded Jet-A among the intended uses. Thus, while The Alaska Center for the kerosene), but it does not meet the 0.05 importing low-sulfur motor vehicle Environment, in a letter of June 19, 1996 percent low sulfur diesel fuel diesel fuel could reduce the cost of the to the EPA, commented that Canada requirement. Thus, if low-sulfur diesel fuel, this cost reduction would experienced no increase in distribution fuel were required for motor vehicles, apparently be more than offset by the costs after requiring low-sulfur diesel these distributors would have to either increased cost associated with fuel. This information was reportedly provide for separate storage, or purchase segregated storage. Further, that fuel obtained from a January 11, 1995 complying diesel fuel for all uses. which is currently refined and meeting with the Alaska Department of In a January 27, 1998 telephone distributed as low-sulfur motor vehicle Environmental Conservation. The conversation, the Alaska Department of diesel fuel is not arctic grade. implication of this comment is that Environmental Conservation indicated Consequently, increased costs would distribution costs projected for low- that cost is not the only factor in be incurred if arctic grade low-sulfur sulfur diesel fuel in Alaska may be considering expansion of fuel storage motor vehicle diesel fuel were required. overstated. capacity. It cited an example of the Further, this does not mean that refiners The 1995 staff report of the Low- difficulties Mapco has had in expanding in the lower-48 states will produce the Sulfur Diesel Task Force indicated that its storage capacity at an Anchorage required low-sulfur fuel, or if they did the increase in distribution costs for tank farm. Mapco has been trying produce it that they would necessarily low-sulfur diesel fuel can vary widely. unsuccessfully for four years to get the sell it based on current market prices For Southeast Alaska the increase in necessary permits, but has not been able (see the previous Subsection A. distribution cost would likely be zero. to overcome the Alaska Department of Availability of arctic-grade, low sulfur For other areas of the state, three Conservation requirements, the coastal diesel fuel from out-of-state refiners). distributors that provided data indicated zone management requirements, and EPA understands that diesel fuel is a five, seven and twenty cents-per- objections by the adjacent residential currently shipped to Southeast Alaska, gallon increase in distribution costs for neighborhood. primarily from the Puget Sound area. low-sulfur diesel fuel. In its October 13, 1997 letter to EPA, Thus, any cost increase due to shipping Similarly, the December 12, 1995 the Alaska Department of low-sulfur diesel fuel to Southeast Petition for Exemption indicated the Environmental Conservation indicated Alaska would be the cost associated cost increase would vary depending on that it is not ‘‘completely reasonable [to with segregating the low-sulfur motor the location. It indicated that fuel compare] British Columbia’s experience vehicle diesel fuel from the higher- segregation is the major contributor to with implementation of low sulfur sulfur diesel fuel designated for non- distribution costs because the highway diesel, because British Columbia is less motor vehicle uses. This can be diesel market is less than five percent of remote and does not have the same accomplished either by separate tanks the distillate market. Distributors climate as Alaska.’’ The interior of on the shipping vessels, or by making ‘‘cannot be expected’’ to import and Alaska borders Yukon, and considering separate trips for the low-sulfur diesel supply low-sulfur distillate for the other geography and climate, it would be fuel designated for motor vehicle use. 95 percent of the market. According to more appropriate to compare to Yukon’s Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23247 experience. But Yukon does not require August 5, 1997 submittal to EPA, the vehicle uses, but also for other uses, as low-sulfur motor vehicle diesel fuel. Alaska Department of Environmental discussed below. Considering the available information, Conservation stated that diesel fuel for First EPA considered the impact of an EPA believes that storage and all uses is imported to Southeast Alaska exemption from the motor vehicle diesel distribution costs would likely increase, from the lower 48 states by barge, and fuel sulfur requirements on air quality and the extent would depend on the on-road and non-road diesel is not benefits in Southeast Alaska. All parties area and the distributor. Those costs segregated. Currently, market price generally agree that Southeast Alaska could likely range from zero or minimal determines whether high or low-sulfur already imports a low-sulfur fuel for to very high (e.g., in Kodiak). diesel is distributed. If low-sulfur diesel some of its market. Also, the portion of D. Alternative Fuel or Fuel Standard were required for highway use, either fuel that is used for motor vehicles is separate storage may be needed to relatively small. To the extent Southeast In a letter of July 20, 1995 to the segregate the highway fuel, or citizens Alaska is currently importing low-sulfur Alaska Department of Environmental using diesel for home heating would diesel fuel that already meets the Conservation, the Clean Air Coalition have to bear any associated price Federal requirements for motor vehicles, proposed three alternatives to a increases for all the diesel fuel to meet no additional air quality benefits would permanent statewide exemption to the the low-sulfur requirement. In the latter result from requiring low-sulfur diesel low sulfur diesel fuel requirement. The case, the Alaska Department of for motor vehicle use. To the extent first suggested alternative is to exclude Environmental Conservation estimated Southeast Alaska is currently importing Southeast Alaska from any exemption. that if a five cent per gallon increase low-sulfur non-complying diesel fuel This area already imports low-sulfur occurs, home heating costs could (e.g., Jet-A kerosene with sulfur content diesel for transportation, power increase $430,000 per year. above 0.05 percent by weight), minimal generation and home use from Puget In its September 3, 1997 submittal of air quality benefits would result from Sound with no additional cost to information to EPA, the Alaska requiring that fuel to meet the 0.05 consumers. The second suggested Department of Environmental percent sulfur requirement. To the alternative is to require Alaska to import Conservation indicated it surveyed three extent Southeast Alaska is currently low-sulfur diesel in the summer months major distributors in Southeast Alaska. importing high-sulfur diesel fuel, only, and ‘‘allow’’ Alaska to use ‘‘winter One of these distributors indicated it requiring the use of low-sulfur highway diesel’’ in the colder months. The third imports both high and low sulfur diesel fuel would likely result in a suggested alternative is to require (downgraded Jet-A kerosene) diesel fuel certain amount of reduced per-vehicle Alaska to use ‘‘winter diesel’’ year- into Southeast Alaska, but it mixes the emissions. round, even though the ‘‘winter diesel’’ two together because it does not have The only national ambient air quality does not ‘‘fully meet Clean Air Act separate storage facilities. The other two standards nonattainment area in standards.’’ It notes that Chevron distributors indicated they provide only Southeast Alaska is the Mendenhall produces a ‘‘winter diesel fuel’’ with low-sulfur diesel (downgraded Jet-A Valley in Juneau for PM10, where diesel 0.03 percent sulfur content, and other kerosene) to sell as diesel fuel. These truck exhaust, brake wear and tire wear companies sell it with a sulfur content distributors indicated the price combined contribute less than one from 0.65 to 0.10 percent. EPA difference between the low and high- 8 percent to the PM10 inventory. By presumes that this ‘‘winter diesel’’ is Jet- sulfur diesel fuels vary from one to four contrast, the largest sources of PM10 in A kerosene, which meets the stringent cents per gallon. In its October 13, 1997 Mendenhall Valley are fugitive and Alaskan winter diesel fuel cloud point letter to EPA, the Alaska Department of windblown dust which account for 89 ¥ ° specification of 56 F, and Environmental Conservation clarified percent of the annual inventory. This consequently is commonly mixed with, that these two distributors import only means that the maximum reduction in or used as a substitute for, No. 1 diesel Jet-A kerosene because jet fuel is a large PM10 that can be achieved by totally fuel in Alaska. portion of their market and they are eliminating all motor vehicle diesel In a letter of April 23, 1996 to the unable to segregate that fuel because of emissions is only one percent. Low- EPA, the Alaska Center for the lack of storage facilities. Thus, they sulfur motor vehicle diesel fuel meeting Environment proposed the same three purchase the generally more expensive the Federal sulfur content requirement alternatives to a permanent statewide Jet-A kerosene to supply all users of would eliminate only a portion of that exemption of the low-sulfur diesel fuel distillate. one percent. Consequently, EPA requirement. The letter also references The Alaska Department of believes that the air quality benefits of the staff report of the Low-Sulfur Diesel Environmental Conservation also raised reducing motor vehicle diesel exhaust Task Force in noting that the sulfur an equity issue. Southeast Alaska by requiring low-sulfur diesel fuel for content of Alaskan Jet-A kerosene residents would be required to bear the motor vehicles would be negligible. (For contains from 0.03 to 0.09 percent cost of any increases due to the low- discussion on localized environmental sulfur, and that requiring Jet-A kerosene sulfur requirements, while residents in impacts see Subsection E: Local year-round would simply result in the other areas of the state would be environmental effects. Also, EPA is not importation of Jet-A kerosene increasing exempted. Finally, the Department of addressing future requirements, from the current 13 percent to 21 Environmental Conservation stated that including for the new national ambient percent. Southeast Alaska does not have a major highway system—transport of goods and air quality standard for PM2.5, in this Alternative 1: Exclude Southeast Alaska freight between towns occurs by water proposed rule—see Subsection H: New In support of the alternative that or air. National Ambient Air Quality Southeast Alaska be excluded from any After considering the issues raised, Standards). exemption, the Clean Air Coalition EPA concluded the expected air quality The Clean Air Coalition raised the stated that Southeast Alaska already benefits associated with excluding issue that secondary air quality benefits imports low-sulfur diesel for Southeast Alaska from the exemption 8 ‘‘PM10 Emission Inventories for the Mendenhall transportation, power generation and would be negligible or minimal, and Valley and Eagle River Areas,’’ prepared for the U.S. home use from Puget Sound with no EPA is concerned about the potential for Environmental Protection Agency, Region X, by additional cost to consumers. In its cost increases, not only for motor Engineering-Science, February 1988. 23248 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules of low-sulfur highway diesel fuel could Alaska. To the extent Southeast Alaska submittal to EPA, the Alaska be significant. Because distillate fuel is currently importing low-sulfur diesel Department of Environmental shipments in Southeast Alaska are that meets the Federal sulfur content Conservation stated that importing low- generally not segregated by end-use, a requirement for motor vehicle diesel sulfur diesel fuel only during the requirement for low-sulfur highway fuel, no additional costs would result summer months is problematic. Alaskan diesel fuel might spill over into the from requiring low-sulfur diesel for refiners cannot produce low-sulfur distillates transported for non-highway motor vehicle use. To the extent diesel fuel and thus would be cut out of uses, such as for heating and electrical Southeast Alaska is currently importing the market, and distributors would need generation. diesel fuel that does not meet the additional storage to segregate the low- EPA agrees that there could be Federal sulfur content requirement, EPA sulfur diesel fuel, even though secondary air quality benefits to assumes that the current market results segregation might only be necessary for requiring low-sulfur diesel fuel in in the lowest overall fuel cost and that part of the year. Southeast Alaska, however, EPA does higher overall fuel costs would result EPA previously concluded in this not know the extent of that potential from requiring low-sulfur diesel for proposed rule that requiring low-sulfur impact. If suppliers and distributors in motor vehicle use. Even though low- highway diesel fuel in Alaska is not Southeast Alaska elect in-full or in-part sulfur motor vehicle diesel fuel (non- expected to have a significant impact on to not segregate diesel fuel by end-use arctic grade) would normally be priced ambient PM10 or CO levels in Alaska, or in response to the motor vehicle low- less than Jet-A kerosene in the typical Alaska’s prospects for attainment with sulfur diesel fuel requirement, except market, apparently this lower cost the national ambient air quality possibly for Jet-A kerosene, they would would not offset the anticipated cost of standards (see Subsection IV.B: Climate, have to supply the more restrictive low- modifying or expanding the available Meteorology and Air Quality). sulfur motor vehicle diesel fuel for the storage facilities in Southeast Alaska to Consequently, requiring low-sulfur non-motor vehicle uses. The air quality provide for segregated storage. highway diesel fuel in Alaska for only benefits—primarily reduced particulate Consequently, the low-sulfur part of the year would also not be emissions—would depend on the requirement for motor vehicle diesel expected to have a significant impact on change in proportion of the non-motor fuel is likely to result in higher fuel ambient PM10 or CO levels in Alaska, or vehicle diesel fuel that would meet the costs. Alaska’s prospects for attainment with motor vehicle low-sulfur diesel fuel These higher fuel costs would likely the national ambient air quality requirement, the change in sulfur be passed on to consumers. If segregated standards. (For discussion on localized content between the diesel fuel that is storage is provided only for Jet-A environmental impacts—see Subsection currently distributed and that which kerosene and not for motor vehicle fuel, E: Local environmental effects. EPA is would be distributed under a motor citizens using the unsegregated low- not addressing future requirements in vehicle low-sulfur diesel fuel sulfur motor vehicle fuel for home this proposed rule, including for the requirement, and the change in heating, electricity and other non-road new national ambient air quality emissions between the current and the uses would also have to bear the standard for PM2.5—see Subsection H: motor vehicle low-sulfur diesel fuel for associated price increase. Because non- New National Ambient Air Quality the various non-motor vehicle diesel road applications of diesel fuel use Standards.) combustion sources. Such diesel significantly higher quantities of the However, costs would arise from sources include, but are not limited to, fuel,9 this overall cost to homeowners either segregated shipping, storage and utility diesel electrical power and businesses could be significant. distribution for the diesel fuel intended generators, small diesel electrical power Because of the lack of significant air for highway use during the summer generators (e.g., for construction and quality and cost benefits of excluding season, or refining costs associated with remote sites, backup generators for Southeast Alaska from the exemption, producing unsegregated low-sulfur businesses, hospitals and homes, etc.), EPA has rejected this alternative. distillate for all distillate uses, except construction and farm vehicles (e.g., However, EPA may revisit this possibly for jet fuel, in Alaska during road graders, bull-dozers, farm tractors, alternative in the future if the the summer season. This cost is not well etc.), construction and farm equipment exemption that is promulgated defined, but based on the limited (e.g., air compressors, harvesters, etc.) subsequent to this proposal is no longer available information, seems to range and heaters (e.g., industrial boilers, appropriate under § 325 based on from zero to significant depending on home furnaces, kerosene heaters, etc.). consideration of the factors relevant the specific location within Alaska. (See Since fugitive and windblown dust under that section. Section IV.C: Economic Factors and account for 89 percent of the annual Section V.C: Costs of Storing and Alternative 2: Exclude the Summer PM10 inventory, the maximum that total Distributing Low-Sulfur Diesel Fuel.) Seasons From the Exemption emissions from all petroleum products Also, there are non-economic barriers to (including diesel fuel, bunker fuel, fuel This alternative is designed to achieve expanding storage capacity (see oil, kerosene, gasoline, etc.) can some benefits for Alaska by requiring Subsection V.C: Costs of Storing and contribute is only 11 percent of the the use of low-sulfur diesel fuel for at Distributing Low-Sulfur Diesel Fuel). annual inventory. Assuming a best case least part of the year, but to avoid the The cost of expanded storage capacity scenario in which all petroleum fuels unique requirements and constraints would have to be borne not only by (not just the motor vehicle diesel fuels) associated with Alaska’s arctic climate distributors and wholesalers, but also were to meet the Federal sulfur content during the winter. In its August 5, 1997 retailers, individual businesses that requirement for motor vehicle diesel store distillate fuels for their own use, fuel, only a portion of the 11 percent of 9 According to its September 3, 1997 submittal to and individuals that store distillate fuels EPA, the Alaska Department of Environmental for their own use. Alaska’s unique the annual inventory of PM10 would be Conservation stated that the two major distributors eliminated. in Southeast Alaska that they surveyed and that climate and geographical conditions Considering the cost impact of import only Jet-A kerosene indicated on-road uses cause supply disruptions, especially requiring low-sulfur highway diesel of diesel fuel account for only 23 percent of their during the winter season. To account for diesel fuel sales, excluding that which is intended fuel, market price and storage facilities for use by jets. Thus, excluding use by jets, non- the supply disruptions, communities, determines whether high or low-sulfur road uses of diesel fuel account for more than three businesses, and individuals in Alaska, diesel is distributed to Southeast times the volume of diesel fuel that is used on-road. perhaps except in Southeast Alaska, Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23249 need to stock winter supplies during the use during the summer season. Any fuel. 11 Except when used during the summer and transition season. regulatory accommodation to allow for winter for general distillate fuel uses, Consequently, they are taking delivery stocking of fuel for the winter would Jet-A kerosene may be segregated from of summer and winter supplies at the complicate enforcement of the summer- regular diesel fuel in some areas served same time during part of the year. time requirement. For an enforcement by jet traffic because of the unique Additional storage would be needed to agency to determine whether a violation requirements for jet fuel and its higher segregate the regulated low-sulfur fuel has occurred and to subsequently cost. used in the summer season from the prosecute the violator, the agency would However, in areas not served by jet unregulated higher-sulfur fuel needed have to determine and subsequently traffic, EPA assumes that the higher cost for the winter season. As noted earlier prove that a summer-time sale or Jet-A kerosene is not typically used, in this proposed rule, low-sulfur diesel distribution of non-complying distillate except possibly during the winter fuel as currently produced does not is intended for highway use rather than season as an arctic-grade distillate. This meet the ‘‘cloud point’’ specification for other uses such as heating or power alternative of requiring Jet-A kerosene required for Alaska’s cold temperatures, generation, and that it is intended for for motor vehicles would result in either and if used during the winter season, use during the summer season. the higher cost of segregated shipping, would significantly affect engine start- For all of the above reasons, EPA storage and distribution, which would up and operation. rejects the alternative of requiring low- be passed on to the consumers of the Jet- Other existing seasonally driven fuels sulfur highway diesel fuel only in the A kerosene for use in motor vehicles, or programs (particularly in the lower 48 summer. However, EPA may revisit this the higher cost of the Jet-A kerosene for states) such as oxygenated gasoline for alternative in the future if the unsegregated shipping and storage, control of carbon monoxide (CO) during exemption that is promulgated which would be passed on to consumers winter seasons and low-volatility subsequent to this proposal is no longer of the fuel for all distillate uses, gasoline for control of volatile organic appropriate under § 325 based on including heating and power generation. compounds (VOCs) during summer consideration of the factors relevant As previously addressed, the increased seasons, rely on refineries and under that section. cost of segregated shipping, storage and distribution systems that are oriented Alternative 3: Require ‘‘Winter Diesel’’ distribution varies widely depending on primarily, or in large part, to supplying Year-Round the specific location within the state. gasoline for motor vehicles. This Based on some estimates by the Alaska distribution system has adequate storage This alternative is intended to take Department of Environmental advantage of the generally lower sulfur for transitioning between seasons, and Conservation, the costs of segregated content of Jet-A kerosene and its ability since supply disruptions generally do shipping, storage and distribution for to serve as an arctic-grade motor vehicle not occur in the lower 48 states, there non-road use could be significant. is no need to supply and stock fuel for diesel fuel during the winter season. For all of the above reasons, EPA the winter season. The staff report of the Low-Sulfur Diesel rejects the alternative of requiring Jet-A Another confounding factor in Alaska Task Force states that Jet-A kerosene has kerosene year-round. is only less than five percent of Alaska’s a sulfur content specification of 0.3 refining and distribution systems are percent. It tends to have lower sulfur E. Local Environmental Effects oriented to supplying highway diesel content than standard diesel fuel, but In a letter to the Alaska Department of fuel, and Alaska’s highway diesel fuel is generally does not meet the regulatory Environmental Conservation of July 20, not segregated from distillates intended requirement for low-sulfur highway 1995, the Alaska Clean Air Coalition for other uses, such as heating and diesel of 0.05 percent maximum. For stated that Anchorage has a significant power generation. Assuming that example from the high-sulfur North problem with a wintertime ‘‘brown distributors would supply low-sulfur Slope crude, Mapco produces Jet-A cloud’’ when snow covers the ground, diesel only for motor vehicle use under kerosene with 0.09 percent sulfur. As although it indicated that it hadn’t yet this alternative, the distribution and the North Slope crude supplies dwindle studied the components of that ‘‘brown storage costs would be spread out over time, the sulfur content of that cloud.’’ It also pointed out that the among only one to two percent of the crude is expected to increase. Chevron proportion of total particulates that are 10 distillate flowing through the system. imports Jet-A kerosene with 0.03 caused by diesel engines are expected to Assuming that distributors would percent sulfur. rise over the next 20 years as other supply low-sulfur diesel for all distillate EPA previously concluded in Section sources of pollution decline, and that uses in the summer season under this IV.B. of this proposed rule that requiring diesel particulate emissions from motor alternative, except possibly jet fuel, the low-sulfur highway diesel fuel in Alaska vehicle engines increase to twice the higher cost of the low-sulfur diesel fuel is not expected to have a significant federal standard for motor vehicle would be forced on the non-highway impact on ambient PM10 or CO levels in engines if high-sulfur fuel is used with users of the distillate, as well as the Alaska, or Alaska’s prospects for engines that are equipped with catalytic additional cost of segregating that fuel attainment with the national ambient air converters. from the winter supplies. quality standards. Since Jet-A kerosene The Alaska Clean Air Coalition Another consideration is the has a sulfur content requirement that is indicates it is concerned not only with administrative and enforcement burden less stringent than that of motor vehicle the local health impacts of PM10, but of such a seasonal program. The need to diesel fuel, requiring Jet-A kerosene in also that of PM2.5, at levels below the stock winter fuel during the summer Alaska would also have little or no national air quality standards. It and transition seasons might conflict impact on Alaska meeting the national with a regulatory requirement that only ambient air quality standards. 11 EPA looked at the weeks of August 1 thru low-sulfur diesel be sold for highway Another disadvantage to this August 29, 1997 of ‘‘The Oil Daily’’ and calculated alternative is the potential for higher the difference between the average price of low- 10 The summer season in Alaska is approximately costs of fuel for heating and power sulfur diesel fuel and the average price of Jet fuel. three to four months duration. Since motor vehicle generation in areas not served by jet For this time period, jet fuel cost more than low- use of distillate is less than five percent, only one sulfur diesel fuel by 2.55, 2.78, and 2.00 cents per to two percent of the distillate would then be used traffic. EPA believes that jet fuel gallon for the Gulf Coast, New York, and Los for motor vehicles during the summer season. generally costs more than regular diesel Angeles areas, respectively. 23250 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules submitted a copy of a 1996 study 12 and likely insignificant contribution of It has located monitors in the vicinity showing correlation between respiratory petroleum fuel combustion by non- and it is working with local agencies to health effects in Anchorage and CO and motor vehicle sources, to PM10 in areas explore options to help alleviate or PM10 at ambient levels below the with PM10 attainment problems, and the resolve the problem. In addition, some national ambient air quality standards. insignificant effect of diesel fuel sulfur changes were made to the ventilation This study showed that winter content on CO emissions. system of the building that had the concentrations of CO were significantly Considering localized impacts on the greatest number of complaints. micro-scale level of one intersection or associated with bronchitis and upper F. Year 2004 and Later Engines respiratory illness, and with automobile several blocks, EPA believes there could exhaust emissions. In a March 11, 1997 be some impacts, such as the example On October 21, 1997 (62 FR 54693), letter to EPA, the Alaska Clean Air presented by the Alaska Clean Air EPA promulgated new combined Coalition references the above study and Coalition. While EPA believes that such emission standards for HC and NOX for indicated that ‘‘local officials’’ have impacts might range from minimal to 2004 and later heavy-duty diesel motor found a highly significant correlation significant in these micro scale areas, vehicle engines. These standards are more stringent than the 1998 to 2003 between CO and PM2.5, but no EPA also believes that requiring low- individual emissions standards for HC significant relationship between PM10 sulfur diesel will not effectively mitigate and NOX, and are expected to achieve and PM2.5. Besides the health problems the exposure risk to the elevated a 50 percent reduction in NOX associated with PM10, which in ambient levels of diesel exhaust in these Anchorage typically comes from areas. emissions. A secondary effect of these reentrained road materials, ‘‘healthy’’ Even if EPA decided to require low- standards may be a decrease in Anchorage workers and their families sulfur diesel fuel for motor vehicles particulate emission levels. As with have more bronchitis and upper (that is, to deny Alaska’s Petition for engines currently marketed, the engine respiratory infection during carbon Exemption), any existing micro-scale manufacturers are expected to design monoxide ‘‘episodes’’, which are linked hot spot and its associated total health their future engines and emission to vehicle exhaust during the winter. impact would substantially be control systems considering the diesel In a June 19, 1996 letter to the EPA, unaffected. While the localized ambient fuel sulfur content requirement that the Alaska Clean Air Coalition stated PM10 and PM2.5 levels might be became effective in 1993 (no greater that it believes some neighborhoods mitigated to some extent by the use of than 0.05 percent sulfur by weight). have much higher diesel exposure than low-sulfur diesel fuel, the remaining However, EPA subsequently the existing emissions inventory levels of localized ambient PM10 and permanently exempted that requirement indicates. Attached to this letter were PM2.5 would still be a health concern. in Alaska for areas not served by the April 25, 1994 and August 11, 1995 Further, the localized ambient levels of Federal Aid Highway System (FAHS), letters to the Alaska Department of CO and other toxics would not be and temporarily exempted that Environmental Conservation, and a mitigated by the use of low-sulfur diesel requirement for areas served by the written version of an oral testimony at fuel. Alternatively, reducing the amount FAHS until October 1, 1998; thus, old the Anchorage School District Budget of total diesel exhaust in these micro- and current technology engines have Hearing Meeting of January 19, 1995, in scale areas would significantly reduce been, and are now, operating in Alaska using higher sulfur diesel fuel. New which the University Area Community the total health impact. Localized hot spots typically result technology (low NOX) engines will be Council of Anchorage stated that it had from high rates of emissions operated using higher sulfur diesel fuel received complaints about diesel fumes. concentrated in a small area, such as in the areas not served by the FAHS, Residents near a transportation facility, emissions from a large number of because of the existing permanent at which diesel buses are started early vehicles in one intersection or parking exemption. If EPA now grants Alaska a in the mornings and warmed up for area, over a time frame that is short permanent exemption from the diesel lengthy periods of time, complained of enough to not allow for effective fuel low-sulfur requirement in the areas diesel fumes entering their homes prior dispersal of those emissions under the served by the FAHS, the new to 6:00 am during clear, cold prevailing meteorological conditions. technology (low NOX) engines in Alaska temperature inversion days. This underlying problem can be most would be operated on diesel fuel with EPA has concluded that low-sulfur effectively addressed by reducing the a higher sulfur content throughout the diesel fuel would not significantly number of vehicles (or number of state. One engine manufacturer cited mitigate localized impacts in Alaska, vehicles running) in the localized area, three concerns if this situation were to and therefore, has determined that the or by reducing the amount of time the occur. issue of localized impacts does not form vehicles spend (or the time the vehicles The first concern of operating the new a basis for denying Alaska’s Petition for spend running) in the localized area. technology (low NOX) engines using exemption. Considering localized Such mitigation measures might include high-sulfur fuel is the same concern as impacts on the scale of a town or city, traffic control measures to limit, or bans operating current technology engines on EPA already concluded in Section IV.B. to eliminate, vehicle traffic in those high-sulfur fuel: condensation of of this Proposed rule that the sulfur areas, or restrictions on engine idling sulfuric acids on the cylinder walls of content of diesel fuel is not expected to while parked. the engine, thereby causing increased have a significant impact on ambient Such measures are most effectively piston ring and cylinder liner wear. This PM10 or CO levels in Alaska, or Alaska’s addressed at the local level by the increased wear would require more prospects for attainment with the communities, businesses and local and frequent replacement of the piston rings national ambient air quality standards state governments. In the example and cylinder liners, and more frequent for PM10 or CO. This is because of the provided by the Alaska Clean Air oil change intervals. If the piston rings minimal contribution by motor vehicles, Coalition, the October 13, 1997 letter to and cylinder liners are not replaced EPA from the Alaska Department of often enough, the sulfuric acids could 12 ‘‘Particulate Air Pollution and Respiratory Disease in Anchorage, Alaska’’, Gordian, Ozkaynak, Environmental Conservation indicates migrate past the piston rings into the Sue, Morris, and Spengler, Environmental Health that the Municipality of Anchorage is crankcase. This would cause increased Perspectives, vol. 104, number 3, March 1996. working on addressing this issue. wear of other critical engine Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23251 components, such as the main bearings. technology and materials used, EPA reduction in diesel fuel sulfur content This situation would require more believes that those potential costs would was required by the engine frequent major engine overhauls. be mitigated to some extent by the lower manufacturers in order to enable their The second concern of operating new cost of the higher-sulfur diesel fuel and engines to meet the 1994 0.10 g/bhp-hr technology (low NOX) engines using would be much less than the total particulate emission standard. First, fuel high-sulfur diesel fuel is its impact on potential costs of requiring low-sulfur sulfur contributes to diesel engine exhaust gas recirculation (EGR) systems. diesel fuel in Alaska. Further, EPA emissions. Approximately two percent EGR systems are likely to be extensively believes that the potential air quality of the sulfur in the fuel is directly used on the engines designed to meet benefits that would be forgone by emitted as sulfate particulates, which the 2004 and later NOX requirement. allowing the use of higher-sulfur diesel cannot be controlled by engine Without EGR, sulfur in the exhaust is fuel in new technology (low NOX) modifications since the combustion not a significant problem because the engines are insignificant in Alaska. process does not remove any sulfur or temperature of the exhaust system is Therefore, based on the concerns about change its form into a non-particulate typically high enough to prevent operating new technology (low NOX) substance. Second, catalyzed after- condensation of the sulfuric acids. engines on higher sulfur diesel fuel, treatment devices are much more However, if some of the exhaust is EPA concludes that granting Alaska’s effective in the removal of the soluble directed back into the engine intake, petition is appropriate under section organic fraction of particulates than which is the strategy of EGR systems, 325. non-catalyzed devices. However, some condensation of the sulfuric acids could catalysts react with the SO2 in the G. Manufacturers Emissions Warranty occur on the walls of the EGR exhaust and form additional sulfates, and Recall Liability components and the air intake system. such that total particulates have been It may be possible to prevent sulfuric The Engine Manufacturers found to be higher with an oxidation acid damage to the EGR system through Association (EMA) submitted comments catalyst or a catalyzed trap than without the use of exotic materials in the EGR on April 10, 1996, to the docket for such after-treatment device when high- components, which can withstand the previous Federal Register Notices sulfur diesel fuel is used. Third, sulfuric acids. Alternatively, increased related to Alaska’s Petition for prolonged use of high-sulfur diesel fuel maintenance could mitigate the impact Exemption (this Proposed rule uses that in vehicles equipped with oxidation of the sulfuric acids by periodically same docket), and to EPA concerning catalysts will render the catalytic device replacing the components of the EGR warranty and recall liability. The EMA inoperative, and thus impair the and air intake system most susceptible stated that 1994 and later heavy-duty emissions control equipment. There is to acid damage. diesel engines that are designed to meet also a concern that using a high sulfur The third concern of operating new the 1994 emissions standards with the content fuel over a long period of time (low NOX) technology engines using use of low-sulfur diesel fuel, and which may have a tendency to cause plugging high-sulfur fuel is its impact on exhaust are operated on high sulfur diesel fuel, of ceramic monolith-type filters, which after-treatment emission control will not comply with those 1994 could lead to more serious engine devices, such as catalytic converters. emission standards. Consequently, if malfunction and warranty claims. Sulfur in fuel can render the catalyst EPA grants Alaska an exemption from On October 9, 1996, EPA received a ineffective, allowing exhaust pollutants meeting the sulfur requirement for similar comment on behalf of the EMA. to pass through the catalyst. highway diesel fuel, EPA should also In this comment, the EMA concerns are Catalytic converters may be used for include a corresponding exemption for reiterated, and EPA is urged to provide NOX control on some engines designed heavy-duty diesel engine manufacturers a corresponding exemption to the to meet the 2004 and later emission and the users of the vehicles in which Alaska exemption for catalyzed engines standards, although such catalysts have these engines are placed. The heavy- that would allow the owners to remove not yet been perfected for use on heavy- duty diesel engine manufacturers the catalysts, allow the manufacturers to duty diesel engines. If they are perfected should be exempted from any liability sell the engines without the catalyst and used, and if EPA grants Alaska an for ensuring that their 1994 and later installed, and limit the manufacturer’s exemption to the low-sulfur diesel fuel model year product lines meet the 1994 obligation to warrant the emissions requirement, they would likely be and later model year emission standards performance of such engines. The rendered ineffective on those engines for engines sold and used in Alaska. comment states that vehicle owners are operated in Alaska using high-sulfur They should also be exempted from the already experiencing engine failures diesel fuel. This would impact the NOX warranty requirements of secton 207 of directly resulting from catalyst plugging, and particulate emission levels the Clean Air Act, and from liability and this problem will be worse in cold produced by those engines in Alaska, (including fines and recalls) for any weather. The comment also argues that but would not likely affect the operation engine affected by the fuel exemption. in areas where high sulfur diesel fuel is or durability of those engines. Increased Users of vehicles in which 1994 and permitted, the owners of catalyzed NOX emissions are not an issue in later model year heavy-duty engines are engines are not achieving the particulate Alaska, since Alaska has no areas in placed should be exempted from matter reductions for which their non-attainment with the NAAQS for tampering liability in the exempted engines are designed, and it makes no ozone. While Alaska does have two territory. Finally, the exemption should sense for EPA to require the costly designated non-attainment areas for allow either the continued use of 1991 emission technology that actually has an PM10, diesel-fueled motor vehicles type heavy-duty diesel engine adverse environmental impact. contribute less than one percent to the technology or the use of 1994 type In its August 5, 1997 submittal to PM10 emissions in those areas. heavy-duty diesel engines with the EPA, the Alaska Department of In conclusion, while using higher- after-treatment device removed. Environmental Conservation noted that sulfur diesel fuel in new technology In support of its position, the EMA it had recent discussions with industry. (low-NOX) diesel engines may increase offered the following explanation. In Those discussions indicated that some certain maintenance costs for owners promulgating the 1994 and later heavy vehicles have been experiencing and operators of those engines, duty engine emission standards, EPA problems at extreme cold temperatures depending on the engine-specific recognized that, for several reasons, a on the North Slope, but industry 23252 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules attributes these problems to temperature Aid Highway System were deemed to be regulations, codified at 40 CFR 80.29, and not the sulfur content of the fuel. remote areas and qualified for the provide that any diesel fuel which does Information collected by EPA from permanent exemption. Areas served by not show visible evidence of the dye several heavy-duty engine the Federal Aid Highway System, solvent red 164 shall be considered to manufacturers demonstrates that including the Marine Highway System, be available for use in motor vehicles catalyst plugging is mainly a cold were qualified only for the temporary and subject to the sulfur and cetane temperature problem and not a high- exemption. In letters of February 9, 1995 index requirements. The Alaska sulfur fuel issue. For example, Cummins and April 12, 1995, the Alaska Department of Environmental Engine Company attests that plugging is Department of Environmental Conservation and various refiners in more a function of cold temperature Conservation requested that EPA Alaska have indicated to EPA that all operation than it is of fuel sulfur levels. consider certain communities served by diesel fuel manufactured for sale and Additionally, data from other heavy- the Marine Highway System, and one marketed in Alaska, for use in both duty engine manufacturers further served only by a barge line, on the motor vehicle and nonroad applications, supports this statement. The EPA is also Alaska Peninsula, Kodiak Island and the meets the minimum cetane requirement aware that the majority of the plugged Aleutian Islands to be remote for motor vehicle diesel fuel. catalyst problems have been eliminated. communities and subject to the Today’s proposed rule would exempt A letter to EPA of September 19, 1997, permanent exemption. It indicated that diesel fuel in Alaska from the sulfur on behalf of the EMA, indicated that the these communities have few vehicles requirement. Therefore, as long as the immediate problems that led to EMA’s (all but three have an average daily diesel fuel in Alaska has a minimum request for possible enforcement traffic of 499 vehicles or less) and cetane index of 40, dyeing diesel fuel to discretion regarding the removal of highway diesel fuel sales amount to be used in nonroad applications will be catalytic converters because of the only a small fraction of total diesel fuel unnecessary in Alaska. However, in the plugging problem have been resolved. sales (e.g., only about one percent or event high-sulfur diesel fuel is shipped However, EMA and its members less). EPA decided to not address this from Alaska to the lower-48 states, it continue to ‘‘have concerns regarding issue in today’s proposed rule because would be necessary for the shipping the use of high-sulfur fuel.’’ today’s proposed rule to effectively facility to add dye to the noncomplying Accordingly, EPA sees no need for an grant a statewide permanent exemption fuel before it is introduced into exemption that allows the removal of makes this issue moot. However, if EPA commerce in the lower-48 states. In catalysts in the field, or that permits reconsiders or withdraws its decision to addition, supporting documentation manufacturers to introduce into grant a permanent exemption for areas (e.g., product transfer documents) must commerce catalyzed-engines without served by the Federal Aid Highway clearly indicate the fuel may not comply catalysts, or that limits a manufacturer’s System, this issue may need to be with the sulfur standard for motor obligation to warrant the emissions addressed at that time. vehicle diesel fuel and is not to be used performance of an engine. as a motor vehicle fuel. Conversely, EPA VI. Decision for Permanent Exemption will not require high-sulfur diesel fuel H. New National Ambient Air Quality to be dyed if it is being shipped from the Standards In this notice, the Agency is proposing to grant a permanent lower-48 states to Alaska, but EPA has recently promulgated more exemption from the diesel fuel sulfur supporting documentation must stringent national ambient air quality content requirement of 0.05 percent by substantiate that the fuel is only for standards (NAAQS) for ozone and weight to those areas in Alaska served shipment to Alaska and that it may not particulate matter. However, EPA has by the Federal Aid Highway System. For comply with the sulfur standard for not yet published guidance for the same reasons, the Agency also is motor vehicle diesel fuel. implementation of those standards, and EPA will assume that all diesel fuel proposing to grant a permanent EPA does not have the air quality found in any state, except in the state of exemption from those provisions of monitoring data for Alaska by which to Alaska, is intended for sale in any state section 211(g)(2) 13 of the Act that base its likely attainment status, and subject to the diesel fuel standards, prohibit the fueling of motor vehicles especially for PM2.5. Consequently, it is unless the supporting documentation with high-sulfur diesel fuel. Sections not possible for EPA to address the clearly substantiates the fuel is to be 211(g) and 211(i) both restrict the use of impact of today’s proposed rule on the shipped only to Alaska. The high-sulfur motor vehicle diesel fuel. ability of Alaska to attain the new documentation should further clearly Further, consistent with the March 22, NAAQS. EPA is therefore setting aside state that the fuel may not comply with 1994 Notice of Final Decision (59 FR the issue of attainment with the new the Federal diesel fuel standards. If such 13610), dyeing diesel fuel to be used in NAAQS in today’s rule. EPA reserves product enters the market of any state, nonroad applications will be the right to revisit this issue in the other than Alaska (e.g., is on route to or unnecessary in Alaska as long as the future, after public notice and comment, at a dispensing facility in a state other diesel fuel has a minimum cetane index if the exemption is no longer than Alaska), and is found to exceed the of 40. The motor vehicle diesel fuel appropriate under section 325 based on applicable sulfur content standard, all parties will be presumed liable, as set consideration of the factors relevant 13 This subsection makes it unlawful for any under that section. person to introduce or cause or allow the forth in the regulations. However, EPA introduction into any motor vehicle of diesel fuel will consider this evidence in I. Status of Certain Marine Highway which they know or should know contains a determining whether a party caused the Communities concentration of sulfur in excess of 0.05 percent (by violation. weight). It would clearly be impossible to hold In granting both a permanent and a persons liable for misfueling with diesel fuel with With regard to the storage of diesel temporary exemption in its March 22, a sulfur content higher than 0.05 percent by weight, fuel in any state other than Alaska, a 1994 Notice, EPA distinguished when such fuel is permitted to be sold or dispensed refiner or transporter will not be held between those areas served by the for use in motor vehicles. The proposed exemptions liable for diesel fuel that does not would include exemptions from this prohibition, Federal Aid Highway System and those but not include the prohibitions in section 211(g)(2) comply with the applicable sulfur not served by the Federal Aid Highway relating to the minimum cetane index or alternative content standard and dye requirement if System. Areas not served by the Federal aromatic levels. it can show that the diesel fuel is truly Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23253 being stored and is not being sold, a permanent exemption. These issues VIII. Statutory Authority offered for sale, supplied, offered for included consideration of an alternative Authority for the action in this supply, transported or dispensed. fuel standard or fuel, local proposed rule is in sections 211 (42 However, once diesel fuel leaves a environmental effects, manufacturers U.S.C. 7545) and 325(a)(1) (42 U.S.C. refinery or transporter facility, a party emissions warranty and recall liability, 7625-1(a)(1)) of the Clean Air Act, as can no longer escape liability by and the impact of EPA possibly amended. claiming that the diesel fuel was simply tightening motor vehicle emission in storage. Although diesel fuel may standards for model year 2004 and later IX. Administrative Designation and Regulatory Analysis temporarily come to rest at some point heavy-duty engines (which EPA after leaving a refinery or transporter subsequently promulgated in 1997). Under Executive Order 12866 14, the facility, the intent of the regulations is Agency must determine whether a The comments and other issues that to cover all diesel fuel being distributed regulation is ‘‘significant’’ and therefore are summarized in this notice were in the marketplace. Once diesel fuel subject to OMB review and the leaves a refinery or shipping facility it subsequently considered by the Agency, requirements of the Executive Order. is in the marketplace and as such is in prior to issuing this proposed rule on The Order defines ‘‘significant the process of being sold, supplied, the State’s request for a permanent regulatory action’’ as one that is likely offered for sale or supply, or exemption. to result in a rule that may: transported. VII. Public Participation (1) Have an annual effect on the The basis for today’s proposed rule is economy of $100 million or more, or that compliance with the motor vehicle Following the August 27, 1993 adversely affect in a material way the sulfur requirement in Alaska for areas publication of EPA’s proposed decision economy, a sector of the economy, served by the Federal Aid Highway to grant the first exemption from the productivity, competition, jobs, the System is unreasonable because it low-sulfur diesel fuel requirements environment, public health or safety, or would create an economic burden for requested by Alaska, there was a thirty State, local or tribal governments of refiners, distributors and consumers of day comment period, during which communities; diesel fuel. This economic burden is interested parties could request a (2) Create a serious inconsistency or created by unique meteorological hearing or submit comments on the otherwise interfere with an action taken conditions in Alaska and a set of unique proposal. The Agency received no or planned by another agency; distillate product demands in the state. request for a hearing. Comments were (3) Materially alter the budgetary As a result of these conditions, it is received both in support of the proposal impact of entitlements, grants, user fees, reasonable to not mandate that low- or loan programs or the rights and sulfur motor vehicle diesel fuel be to grant the exemption and expressing concerns over the impact of granting the obligations of recipients thereof, or available for use in Alaska for areas (4) Raise novel legal or policy issues exemption. These comments were served by the Federal Aid Highway arising out of legal mandates, the considered in the Agency’s decision to System. President’s priorities, or the principles grant the initial temporary exemption. In the August 19, 1996 Notice of Final set forth in this Executive Order. 15 Decision (61 FR 42812), the EPA The Agency received Alaska’s request It has been determined that this believed that a 24-month continuation for a permanent exemption for the proposed rule is not a ‘‘significant of the temporary exemption for areas Federal Aid Highway System areas in regulatory action’’ under the terms of served by the Federal Aid Highway December of 1995. Since that time, the Executive Order 12866 and is therefore System from the diesel fuel sulfur Agency has received comments on the not subject to OMB review. content requirement was reasonable and petition from the Alaska Center for the appropriate so that the Agency could Environment, the Alaska Clean Air X. Compliance With the Regulatory consider recent comments on the state’s Coalition, and the Engine Manufacturers Flexibility Act petition. A permanent exemption was of America. EPA believed the issues The Regulatory Flexibility Act, 5 not appropriate at that time because raised by the comments that were U.S.C. 601–612, requires that Federal EPA had not yet verified all relevant submitted and possible tightening of Agencies examine the impacts of their information and comments submitted heavy-duty motor vehicle engine regulations on small entities. The act by other interested parties. standards in 2004 necessitated further requires an Agency to prepare a Alaska’s December 12, 1995 petition consideration before the Agency made a regulatory flexibility analysis in included a compilation of information decision on Alaska’s request for a conjunction with notice and comment provided by a Task Force (in which an permanent waiver. rulemaking, unless the Agency head EPA representative participated) that certifies that the rule will not have a The Agency is publishing this action was established after the February 12, significant impact on a substantial as a proposed rule to allow interested 1993 petition to further evaluate the number of small entities. 5 U.S.C. parties an additional opportunity to conditions as described in that earlier 605(b). petition. These conditions included: the request a hearing or to submit Today’s proposed action to make availability of arctic-grade low-sulfur comments. The comment period will permanent the temporary exemption of diesel fuel from out-of-state refiners, the close May 28, 1998, unless the Agency the low-sulfur diesel fuel requirements costs associated with importing the fuel, receives a request to testify at a public in the State of Alaska, will not result in and the costs of storing and distributing hearing by May 12, 1998. If EPA any additional economic burden on any the fuel to areas on the highway system. receives a request to testify at a public of the affected parties, including small The conditions and factors that were hearing, the comment period will be entities involved in the oil industry, the identified in the initial petition were extended until 30 days after the public automotive industry and the automotive expanded upon in the task force review. hearing. Any adverse comments service industry. EPA is not imposing At that time the Agency believed there received by the close of the comment any new requirements on regulated were several issues that merited further period will be addressed in a consideration prior to making a final subsequent final rule that will be 14 58 FR 51736 (October 4, 1993) decision to act on the state’s request for published in the Federal Register. 15 Id. at section 3(f)(1)-(4). 23254 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules entities, but instead is continuing an PART 69ÐSPECIAL EXEMPTIONS commerce, sell, offer for sale, supply, exemption from a requirement, which FROM REQUIREMENTS OF THE dispense, offer for supply or transport makes it less restrictive and less CLEAN AIR ACT any diesel fuel for use in motor vehicles, burdensome. except as provided in 40 CFR 69.51, 1. The authority citation for part 69 is Therefore, the Administrator certifies unless the diesel fuel: revised to read as follows: that this proposed rule will not have a * * * * * significant impact on a substantial Authority: 42 U.S.C. 7545(1) and (g), 7625– [FR Doc. 98–10710 Filed 4–27–98; 8:45 am] 1. number of small entities, and that a BILLING CODE 6560±50±U regulatory flexibility analysis is not 2. Subpart E consisting of § 69.51 is necessary in connection with this added to read as follows: proposed rule. Subpart EÐAlaska ENVIRONMENTAL PROTECTION AGENCY XI. Paperwork Reduction Act Sec. The Paperwork Reduction Act of 69.51 Exemptions. 40 CFR Part 70 1980, 544 U.S.C. 3501 et seq., and Subpart EÐAlaska [FRL±6005±1] implementing regulations, 5 CFR part 1320, do not apply to this action as it § 69.51 Exemptions. Operating Permits Program; Notice of does not involve the collection of (a) Persons in the state of Alaska, Availability of Draft Rules; Extension information as defined therein. including but not limited to, refiners, of Comment Period importers, distributors, resellers, XII. Unfunded Mandates Act AGENCY: Environmental Protection carriers, retailers or wholesale Agency (EPA). Under section 202 of the Unfunded purchaser-consumers may manufacture, Mandates Reform Act of 1995, EPA introduce into commerce, sell, offer for ACTION: Extension of comment period must prepare a budgetary impact sale, supply, dispense, offer for supply, for notice of availability of draft rules. statement to accompany any proposed or transport diesel fuel, which fails to SUMMARY: On March 25, 1998, EPA or final rule that includes a federal meet the sulfur concentration or dye published a notice in the Federal mandate with estimated costs to the requirements of 40 CFR 80.29, in the Register announcing opportunity for private sector of $100 million or more, state of Alaska if the fuel is used only public review and comment on portions or to state, local, or tribal governments in the state of Alaska. of the draft preamble and all but two of $100 million or more in the aggregate. (b) Persons outside the state of Alaska, sections of draft revisions to the Under section 205, EPA must select the including but not limited to, refiners, operating permits regulations in 40 CFR most cost-effective and least importers, distributors, resellers, part 70. (The remaining portions of the burdensome alternative that achieves carriers, retailers or wholesale preamble and regulations will be made the objectives of the rule and is purchaser-consumers may manufacture, available at a later date.) The public consistent with statutory requirements. introduce into commerce, sell, offer for review period for that notice ends April Section 203 requires EPA to establish a sale, supply, offer for supply, or 24, 1998. This action extends the public plan for informing and advising any transport diesel fuel, which fails to meet review period for that notice until May small governments that may be the sulfur concentration or dye 26, 1998. significantly or uniquely impacted by requirements of § 80.29, outside the DATES: Comments on the draft preamble the rule. state of Alaska if the fuel is: and regulatory revisions must be EPA has determined that this (1) Used only in the state of Alaska; received by May 26, 1998. and proposed rule imposes no new federal ADDRESSES: (2) Accompanied by supporting The draft preamble and requirements and does not include any regulatory revisions are available in federal mandate with costs to the documentation that clearly substantiates the fuel is for use only in the state of EPA’s Air Docket number A–93–50 as private sector or to state, local, or tribal items VI–A–5 and VI–A–4, respectively. governments. Therefore, the Alaska and does not comply with the Federal sulfur standard applicable to This docket is available for public Administrator certifies that this inspection and copying between 8:30 motor vehicle diesel fuel. proposed rule does not require a a.m. and 5:30 p.m., Monday through budgetary impact statement. PART 80ÐREGULATION OF FUELS Friday, at the address listed below. A List of Subjects AND FUEL ADDITIVES reasonable fee may be charged for copying. The address of the EPA air 40 CFR Part 69 1. The authority citation for part 80 docket is: EPA Air Docket (6102), Air pollution control, Alaska. continues to read as follows: Attention: Docket Number A–93–50, Authority: Sec. 114, 211, and 301(a) of the Room M–1500, Waterside Mall, 401 M 40 CFR Part 80 Clean Air Act, as amended (42 U.S.C. 7414, Street SW, Washington, DC, 20460. Environmental protection, Diesel fuel, 7545 and 7601(a)). Requests for material may be made by Fuel additives, Gasoline, Imports, 2. Section 80.29 is amended by telephone at 202–260–7548. Labeling, Motor vehicle pollution, revising paragraph (a)(1) introductory The drafts may also be downloaded Penalties, Reporting and recordkeeping text to read as follows: from the Internet at: http:// requirements. www.epa.gov/ttn/oarpg/t5pgm.html. § 80.29 Controls and prohibitions on Comments on the materials referenced Dated: April 14, 1998. diesel fuel quality. in today’s notice must be mailed (in Carol M. Browner, (a) Prohibited activities. (1) Beginning duplicate if possible) to: EPA Air Docket Administrator. October 1, 1993, no person, including (6102), Attention: Docket No. A–93–50, For the reasons set out in the but not limited to, refiners, importers, at the above address. Please identify preamble, title 40, chapter I of the Code distributors, resellers, carriers, retailers comments as concerning today’s notice of Federal Regulations is proposed to be or wholesale purchaser-consumers, of availability of items VI–A–4 and VI– amended as follows: shall manufacture, introduce into A–5. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23255

FOR FURTHER INFORMATION CONTACT: Ray revisions that may be made to §§ 70.2 A–97–10 which may be found at 401 M Vogel (telephone 919–541–3153) or through 70.6 and §§ 70.9 through 70.11 Street, SW., Washington, DC 20460 and Roger Powell (telephone 919–541– of the part 70 regulations. That material may be viewed in room M1500 between 5331), Mail Drop 12, EPA, Information is also available on the Internet at the 8:00 a.m. and 5:30 p.m., Monday Transfer and Program Integration address noted above. As in the June 3, through Friday. The telephone number Division, Research Triangle Park, North 1997 notice, EPA seeks comment only is (202) 260–7548 and the fax number is Carolina, 27711. Internet addresses are: on regulatory revisions that have (202) 260–4400. A reasonable fee may [email protected] and changed since the August 1994 and be charged by EPA for copying docket [email protected]. August 1995 proposals. The changes material. SUPPLEMENTARY INFORMATION: The part since the proposals are addressed in the The Draft Tier 2 Study is also 70 operating permits regulations were preamble discussions on the relevant available electronically from the EPA originally promulgated on July 21, 1992 sections of part 70 (e.g. § 70.2). Office of Mobile Sources World Wide (57 FR 32250). Revisions to part 70 were This action extends the comment Web site at http://www.epa.gov/ proposed on August 29, 1994 (59 FR submittal period until May 26, 1998. omswww/tr2home/htm. The Gasoline 44460) and August 31, 1995 (60 FR Please send comments directly to Sulfur Staff Paper will also be available 45530). On May 13, 1997, the Agency Docket A–93–50 at the address on this Web site upon its release. released a draft of the final preamble previously provided and specify that Comments should be sent to Docket and regulatory revision rulemaking that they are in response to this notice. No. A–97–10 at the above address. EPA would revise part 70 for purposes of Comments will be forwarded from the requests that a copy of comments also considering any final comments from Air Docket to the Operating Permits be sent to Tad Wysor, U.S. EPA, Engine interested parties before final action. Group of EPA. Programs and Compliance Division, The draft rulemaking reflected EPA’s Dated: April 21, 1998. 2565 Plymouth Road, Ann Arbor, Michigan 48105 or to the Tier 2 E- consideration of comments on the 1994 Richard D. Wilson, and 1995 proposals, and included mailbox ‘‘[email protected].’’ Acting Assistant Administrator for Air and The public meeting will be held at additional regulatory changes that EPA Radiation. believed appropriate based on Quality Hotel, 1200 N. Courthouse Rd., [FR Doc. 98–11264 Filed 4–27–98; 8:45 am] Arlington, VA 22201 (Telephone: (703) comments. Availability of the May 13, BILLING CODE 6560±50±P 1997 draft and a 30-day public review 524–4000). period were announced in a June 3, FOR FURTHER INFORMATION CONTACT: Ms. 1997 Federal Register notice (62 FR ENVIRONMENTAL PROTECTION Delores Frank, U.S. EPA, Fuels and 30289). AGENCY Energy Division, 2565 Plymouth Road, Subsequently, after discussing the Ann Arbor, Michigan 48105, Telephone draft rulemaking with industry, 40 CFR Part 86 734–668–4295. environmental, and State/local [FRL±6005±2] SUPPLEMENTARY INFORMATION: The 1990 permitting agency representatives revisions to the Clean Air Act set (‘‘stakeholders’’), EPA decided that Control of Air Pollution From New specific exhaust emission standards for additional changes were necessary, Motor Vehicles and New Motor Vehicle light-duty vehicles or LDVs (passenger particularly to the section on permit Engines; Draft Tier 2 Study and Fuel cars) and light-duty trucks or LDTs revision procedures. Consequently, EPA Sulfur Paper Availability (including sport-utility vehicles, announced in a July 3, 1997 notice (62 minivans, and pickup trucks) beginning FR 36039) that the public should AGENCY: Environmental Protection in the 1994 model year. These ‘‘Tier 1’’ withhold comment on the May 1997 Agency. standards were required by Sections draft until a new draft was prepared. ACTION: Notice of document availability. 202(g) and (h) of the Clean Air Act as Since May 1997, EPA has discussed revised (‘‘the Act’’). Section 202(i) of the with stakeholders alternative SUMMARY: The Clean Air Act requires Act requires EPA to ‘‘study whether or approaches to the permit revision EPA to prepare a study and submit a not further reductions in emissions from system contained in the May draft. report to Congress regarding whether or light-duty vehicles and light-duty trucks While the discussions with stakeholders not further reductions in emissions from should be required....’’ The Act required to date have involved the provisions of light-duty vehicles and light-duty trucks EPA to examine three specific issues §§ 70.7 and 70.8, EPA also wants to should be required. EPA has performed related to that question: (1) the need for discuss with the stakeholders any the required study, called the ‘‘Tier 2 further emission reductions in order to concerns with the remaining sections. Study.’’ Today EPA is releasing a draft attain or maintain compliance with the To prepare for those discussions, it is of the study for public comment prior to National Ambient Air Quality Standards important to be aware of concerns from submitting it to Congress. (NAAQS); (2) the technological the public at large on the remaining In the very near future, EPA will also feasibility of meeting more stringent sections. Therefore, the March 25, 1998 be releasing a related document titled standards by the 2004 model year; and notice (63 FR 14392) announced ‘‘EPA Staff Paper on Gasoline Sulfur (3) the cost-effectiveness of such further availability of the remaining sections of Issues’’ and encourages public comment reductions as compared to alternate part 70 for public review and provided on this document as well. means of reducing emissions. The Study for a period until April 25, 1998 for the DATES: EPA requests that comments on was to be submitted to Congress by June public to submit any comments. The the draft Tier 2 Study be submitted by 1, 1997. EPA has recently entered into preamble and regulatory revisions June 12, 1998. A public meeting to a draft consent decree to sign a letter related to §§ 70.7 and 70.8 will be made discuss the gasoline sulfur issues and transmitting the Study by July 31, 1998. available in a future Federal Register the Gasoline Sulfur Staff Paper will be Section 202(i) of the Act also requires notice of availability. held on May 12, 1998 from 10:00 a.m. that EPA provide a reasonable Items VI–A–4 and VI–A–5 in docket to 5:30 p.m. opportunity for public comment on the A–93–50 contain the portions of the ADDRESSES: Materials relevant to this Tier 2 study prior to its formal submittal preamble and regulations for the rulemaking are contained in Docket No. to Congress. In response to this 23256 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules requirement, the Agency is today ENVIRONMENTAL PROTECTION Alima Patterson (214) 665–8533. releasing EPA’s current draft of the Tier AGENCY SUPPLEMENTARY INFORMATION: For 2 study for comment. EPA will include additional information see the a summary of any comments received 40 CFR Part 272 immediate final rule published in the on this draft when it submits the final [FRL±6001±1] rules section of this Federal Register. report to Congress. Dated: March 19, 1998. Hazardous Waste Management In the draft Tier 2 Study, EPA Lynda F. Carroll, Program: Final Authorization and discusses and provides information on Incorporation by Reference of State Acting Deputy Regional Administrator, each of the three areas mentioned above Region 6. Hazardous Waste Management but does not make a determination [FR Doc. 98–11279 Filed 4–27–98; 8:45 am] Program for New Mexico about whether further emission BILLING CODE 6560±50±P reductions are appropriate. EPA plans to AGENCY: Environmental Protection make such a determination by way of Agency (EPA). later rulemaking action, to be finalized ACTION: Proposed rule. ENVIRONMENTAL PROTECTION by the end of 1999, as required by the AGENCY SUMMARY: EPA proposes to incorporate Act. In addition to addressing the three 40 CFR Part 300 issues of need, feasibility, and cost by reference EPA’s approval of the New effectiveness, the Study also discusses Mexico Environment Department’s [FRL±6003±7] several key issues related to the (NMED) RCRA Cluster IV hazardous National Oil and Hazardous development of a potential Tier 2 waste program and to approve its revisions to that program submitted by Substances Pollution Contingency program and the next steps EPA is the State of New Mexico. In the final Plan; National Priorities List planning. rules section of this Federal Register, AGENCY: Environmental Protection In addition to the draft Tier 2 Study, the EPA is approving the State’s request Agency. EPA will soon be releasing a related as a immediate final rule without prior document titled ‘‘EPA Staff Paper on proposal because USEPA views this ACTION: Notice of intent to delete the Gasoline Sulfur Issues.’’ Because of its action as noncontroversial and Pine Bend Sanitary Landfill Site from effect on catalytic converters, sulfur in anticipates no adverse comments. A the National Priorities List; request for gasoline is a very important issue when detailed rationale for approving the comments. vehicle emission standards more State’s request is set forth in the SUMMARY: The United States stringent than today’s standards are immediate final rule. If no adverse Environmental Protection Agency (U.S. considered. The Staff Paper discusses a written comments are received in EPA) Region 5 announces its intent to range of issues including the response to that immediate final rule, no delete the Pine Bend Sanitary Landfill interactions between sulfur in gasoline further activity is contemplated in (the Site) from the National Priorities and vehicle technology, the impact on relation to this proposed rule. If EPA List (NPL) and requests public comment refinery operations of reducing gasoline receives adverse written comments, a on this action. The NPL constitutes sulfur content, other fuel quality issues, second Federal Register document will Appendix B of 40 CFR part 300 which a review of fuel sulfur control programs be published before the time the is the National Oil and Hazardous in other countries, and a review of immediate final rule takes effect. The Substances Pollution Contingency Plan second document may withdraw the proposals that have been put forward on (NCP), which U.S. EPA promulgated immediate final rule or identify the this topic by key stakeholders. EPA pursuant to Section 105 of the issues raised, respond to the comments plans to address any comments received Comprehensive Environmental and affirm that the immediate final rule Response, Compensation, and Liability on the Staff Paper as a part of any will take effect as scheduled. Any proposed rulemaking that EPA pursues Act of 1980 (CERCLA) as amended. This parties interested in commenting on this action is being taken by U.S. EPA, relating to this Tier 2 emission action should do so at this time. standards. EPA will also hold a public because it has been determined that all DATES: Written comments on this meeting to discuss issues relating to Fund-financed responses under proposed rule must be received on or CERCLA have been implemented and gasoline sulfur and the Gasoline Sulfur before May 28, 1998. U.S. EPA, in consultation with the State Staff Paper (see ADDRESSES above). ADDRESSES: Written comments may be of Minnesota, has determined that no Dated: April, 23, 1998. mailed to Alima Patterson, Region 6 further CERCLA response is Richard D. Wilson, Authorization Coordinator, Grants and appropriate. Moreover, U.S. EPA and Acting Assistant Administrator for Air and Authorization Section (6PD–G), the State have determined that remedial Radiation. Multimedia Planning and Permitting activities conducted at the Site to date [FR Doc. 98–11266 Filed 4–27–98; 8:45 am] Division, at the address listed below. have been protective of public health, welfare, and the environment. BILLING CODE 6560±50±P Copies of the materials submitted by NMED may be examined during normal DATES: Comments concerning the business hours at the following proposed deletion of the Site from the locations: EPA Region 6 Library, 12th NPL may be submitted on or before May Floor, Wells Fargo Bank Tower at 28, 1998. Fountain Place, 1445 Ross Avenue, ADDRESSES: Comments may be mailed to Dallas, Texas 75202–2733, Phone Gladys Beard, Associate Remedial number: (214) 665–6444. New Mexico Project Manager, Superfund Division, Environment Department, 1190, St U.S. EPA, Region 5, 77 W. Jackson Blvd. Francis Drive, Sante Fe, New Mexico (SR–6J), Chicago, IL 60604. 87502. Phone number: (505) 827–1558. Comprehensive information on the site FOR FURTHER INFORMATION CONTACT: is available at U.S. EPA’s Region 5 office Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23257 and at the local information repository appropriate. The NPL is designed operating, solid waste facility which located at: Dakota County Library primarily for informational purposes accepts municipal solid waste and System, Wescott Branch, 1340 Wescott and to assist in Agency management. nonhazardous industrial waste. The Road, Eagan, MN 55123. Requests for PBSL was first issued a permit (SW– II. NPL Deletion Criteria copies of documents should be directed 045) to operate by the Minnesota to the Region 5 Docket Office. The The NCP establishes the criteria that Pollution Control Agency (MPCA) on address and phone number for the the Agency uses to delete Sites from the September 7, 1971. Pine Bend Landfill, Regional Docket Officer is Jan NPL. In accordance with 40 CFR Inc., a wholly-owned subsidiary of Pfundheller (H–7J), U.S. EPA, Region 5, 300.425(e), sites may be deleted from Browning Ferris Industries, is the owner 77 W. Jackson Blvd., Chicago, IL 60604, the NPL where no further response is and permittee of the PBSL. (312) 353–5821. appropriate. In making this PBSL was added to the NPL on June FOR FURTHER INFORMATION CONTACT: determination, U.S. EPA will consider, 10, 1986. It is also on the Minnesota Gladys Beard (SR–6J), Associate in consultation with the State, whether Permanent List of Priorities. Its Remedial Project Manager, Superfund any of the following criteria have been inclusion on the NPL was the result of Division, U.S. EPA, Region 5, 77 W. met: finding Volatile Organic Compounds in Jackson Blvd., Chicago, IL 60604, (312) (i) Responsible parties or other ground water emanating from the Site. 886–7253 or Don Deblasio (P–19J), persons have implemented all U.S. EPA and MPCA concluded that a Office of Public Affairs, U.S. EPA, appropriate response actions required; plume of contamination from the Region 5, 77 W. Jackson Blvd., Chicago, or landfill was moving through the (ii) All appropriate Fund-financed IL 60604, (312) 886–4360. surficial aquifer and discharging to the responses under CERCLA have been Mississippi River through springs in the SUPPLEMENTARY INFORMATION: implemented, and no further response river bottom. Table of Contents action by responsible parties is Crosby American Demolition Landfill I. Introduction appropriate; or (CADL) is located immediately north of II. NPL Deletion Criteria (iii) The Remedial investigation has the PBSL. Because a plume of III. Deletion Procedures shown that the release poses no contamination from the CADL has IV. Site Background significant threat to public health or the comingled with a plume of V. Basis for Site Deletion Proposal environment and, therefore, remedial contamination from PBSL east of their I. Introduction measures are not appropriate. common border, the MPCA has considered the two landfills as one site. The U.S. Environmental Protection III. Deletion Procedures U.S. EPA, however, has for Agency (EPA) Region 5 announces its Upon determination that at least one administrative purposes treated the two intent to delete the Pine Bend Sanitary of the criteria described in 40 CFR landfills as two sites, one of which— Landfill Site from the National Priorities 300.425(e) has been met, U.S. EPA may PBSL—is on the NPL; the other— List (NPL), which constitutes Appendix formally begin deletion procedures once CADL—is not. B of the National Oil and Hazardous the State has concurred. This Federal By agreement with U.S. EPA, MPCA Substances Pollution Contingency Plan Register notice, and a concurrent notice has been the lead agency for the PBSL (NCP), and requests comments on the in the local newspaper in the vicinity of site. Under MPCA’s direction and proposed deletion. The EPA identifies the Site, announce the initiation of a 30- oversight, Pine Bend Landfill, Inc. sites that appear to present a significant day comment period. The public is conducted a number of response risk to public health, welfare or the asked to comment on U.S. EPA’s activities, including the following: a environment, and maintains the NPL as intention to delete the Site from the Remedial Investigation (RI) (1986), the list of those sites. Sites on the NPL NPL. All critical documents needed to additional RI activities (1987), a pump may be the subject of remedial actions evaluate U.S. EPA’s decision are test (1989–90), preparation of a financed by the Potentially Responsible included in the information repository Preliminary Alternatives Report (1989), Parties or the Hazardous Substance and the deletion docket. interim groundwater monitoring (1988– Superfund Response Trust Fund (Fund). Upon completion of the public 1994), preparation of a final RI report in Pursuant to § 300.425(e)(3) of the NCP, comment period, the U.S. EPA Regional August 1991 and an MPCA approved any site deleted from the NPL remains Office will prepare a Responsiveness Detailed Analysis Report in November eligible for Fund-financed remedial Summary to evaluate and address each 1994. actions if the conditions at the Site significant comment and any significant On September 30, 1991, MPCA and warrant such action. new data submitted during the comment U.S. EPA signed a Record of Decision The U.S. EPA will accept comments period. The public is welcome to (ROD) for Operable Unit 1—the first on this proposal for thirty (30) days after contact the U.S. EPA Region V Office to phase of a permanent remedy for the publication of this document in the obtain a copy of this responsiveness Site. The ROD called for the extension Federal Register. summary. If U.S. EPA then determines of the existing City of Inver Grove Section II of this notice explains the the deletion from the NPL is Heights municipal water supply, the criteria for deleting sites from the NPL. appropriate, final notice of deletion will connection of impacted or potentially Section III discusses procedures that be published in the Federal Register. impacted residents to the municipal EPA is using for this action. Section IV water supply, and the permanent IV. Site Background discusses the history of this site. Section sealing of residential water supply wells V explains how the Site meets the The Pine Bend Sanitary Landfill in the impacted area. The work under deletion criteria. (PBSL) site is located in northeast this operable unit was completed in Deletion of sites from the NPL does Dakota County, on the periphery of the November 1994. not itself create, alter, or revoke any Minneapolis/St. Paul metropolitan area, individual’s rights or obligations. in Sections 33, Township 27 North, V. Basis for Site Deletion Proposal Furthermore, deletion from the NPL Range 22 West, City of Inver Grove In September, 1995, MPCA and U.S. does not in any way alter U.S. EPA’s Heights, Minnesota. PBSL encompasses EPA signed a ROD calling for no further right to take enforcement actions, as approximately 255 acres and is an open, action at the Site. There are two reasons 23258 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules for the no-action decision. First, further FEDERAL COMMUNICATIONS carriers will receive beginning January action to control the source of COMMISSION 1, 1999. As part of that methodology, contamination (installation of a landfill the Commission determined that the cover, clay liner, leachate collection 47 CFR Part 54 federal fund will provide at least 25 system, etc.) and to address [DA 98±715] percent of the total support necessary contaminated ground water would be for non-rural carriers (25/75 decision). conducted under the facility’s operating Common Carrier Bureau Seeks The Commission also concluded that permit, such that no further action Comment on Proposals To Revise the rural carriers will receive support based under CERCLA would be necessary. Methodology for Determining on forward-looking costs no sooner than January 1, 2001. Several parties have set Second, completion of Operable Unit 1, Universal Service Support forth proposals to modify the under which residents in the area were AGENCY: Federal Communications Commission’s approach to determining connected to a municipal water supply, Commission. support for non-rural and rural carriers. reduced the risk posed by contaminated ACTION: Notice; seeking comment on Some of these proposals were presented ground water. proposals in rulemaking proceeding. in the Commission’s proceeding to U.S. EPA is now proposing to delete prepare a Report to Congress on PBSL from the NPL for one of the same SUMMARY: In this Public Notice, the Universal Service, required by statute, reasons that it signed a no-action ROD Common Carrier Bureau (Bureau) Departments of Congress, Justice, and in 1995: work that might otherwise be describes certain proposals by outside State, the Judiciary, and Related parties to alter the methodology for required under CERCLA will be Agencies Appropriations Act, 1988, determining high cost universal service accomplished under the facility’s RCRA Pub. L. 105–119, 111 Stat. 2440, 2521– support based on forward-looking permit. The Site is an active Treatment, 2522, § 623. Federal-State Joint Board on economic costs. Some parties have filed Storage, and Disposal facility, owned Universal Service, Report to Congress, petitions for reconsideration or judicial CC Docket No. 96–45, FCC 98–67, and operated by Browning Ferris appeals of the methodology announced Industries (‘‘BFI’’). BFI clearly has the (released April 10, 1998) (Report to in the May 8, 1997 Universal Service Congress), and, in particular, in the en resources to conduct the work required. Order and the Commission has banc hearing on universal service issues In accordance with the operating permit committed to complete the held on March 6, 1998. In this Public issued by MPCA, BFI placed a final reconsideration of its methodology Notice, we seek to augment the record cover on portions of the landfill that are before it is implemented for non-rural by encouraging interested parties to filled to final elevation, installed a carriers. This Public Notice seeks submit additional proposals for combustible gas collection system, additional proposals to modify the modifying the Commission’s installed a clay liner and leachate methodology, as well as comment on methodology, or updates to those on the collection system in an expansion area, the existing proposals. record, by April 27, 1998. Comments and installed a surface drainage control DATES: Comment date for filing from interested parties on these system. Under the terms of an Amended additional proposals is April 27, 1998, proposals are due on May 15, 1998, and Order issued by MPCA on October 23, comments are due May 15, 1998, and reply comments are due on May 29, 1990, BFI will monitor ground water in reply comments are due May 29, 1998. 1998. In the Report to Congress, the accordance with the Minnesota Solid ADDRESSES: One original and five copies Commission states that, prior to Waste Landfill Compliance Program. of all filings must be sent to Magalie implementing the Commission’s methodology for determining high cost A five-year review pursuant to Roman Salas, Secretary, Federal support for non-rural carriers, the OSWER Directive 9355.7–02 ‘‘Structure Communications Commission, 1919 M Street, N.W., Room 222, Washington, Commission will complete a and Components of Five-Year Reviews’’) reconsideration of its 25/75 decision will be conducted at the Site. The Five- D.C. 20554. Parties must also send copies to the individuals listed on the and of the method of distributing high Year review is scheduled for December cost support. Report to Congress at para. 1999. attached Service List and to the Commission’s copy contractor, 224. The Commission also states that it EPA, with concurrence from the State International Transcription Service, will continue to work closely on these of Minnesota, has determined that all Inc., 1231 20th Street, N.W., issues with the state members of the appropriate Fund-financed responses Washington, D.C. 20554. Federal-State Joint Board on Universal Service (Joint Board), including holding under CERCLA at the Pine Bend FOR FURTHER INFORMATION CONTACT: Sanitary Site have been completed, and an en banc hearing with participation Chuck Keller at (202) 418–7380 or by the Joint Board Commissioners. See no further CERCLA response actions by . responsible parties are appropriate in Report to Congress at paras. 224, 228, SUPPLEMENTARY INFORMATION: In the 231. order to provide protection of human Universal Service Order, Federal State health and environment. Therefore, EPA Joint Board on Universal Service, Report Background proposes to delete the Site from the & Order, CC Docket No. 96–45, 12 FCC In the Universal Service Order and the NPL. Rcd 8776 (1997), 62 FR 32862 (June 17, accompanying Access Charge Reform Dated: April 7, 1998. 1997), as corrected by Federal State Order, Access Charge Reform, Price Cap Michelle D. Jordan, Joint Board on Universal Service, CC Performance Review for Local Exchange Docket 96–45, Errata, FCC 97–157 Carriers, Transport Rate Structure and Acting Regional Administrator, U.S. EPA, (released June 4, 1997), appeal pending, Pricing and End User Common Line Region V. Texas Office of Public Utility Counsel v. Charges, CC Docket Nos. 96–262, 94–1, [FR Doc. 98–10978 Filed 4–27–98; 8:45 am] FCC, No. 97–60421 (5th Cir. filed June 91–213, and 95–72, First Report and BILLING CODE 6560±50±P 25, 1997), the Commission adopted a Order, 62 FR 31868 (June 11, 1997), 12 four-step methodology for determining FCC Rcd 15982 (1997) (Access Charge the appropriate level of federal Reform Order); Order on universal service support that non-rural Reconsideration, 62 FR 40460 (July 29, Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23259

1997), 12 FCC Rcd 10119 (1997); Second to reduce or satisfy the interstate Association at 1–2; Arkansas Public Order on Reconsideration, 62 FR 56121 revenue requirement otherwise Service Commission at 1–3; GVNW Inc. (October 29, 1997), 12 FCC Rcd 16606 collected through interstate access at 2, 8; Rural Telephone Coalition at 3– (1997); Third Order on Reconsideration, charges. Access Charge Reform Order, 4; Sprint Corporation at 1–3; United 62 FR 65619 (December 15, 1997), 12 12 FCC Rcd at 16148, para. 381. That Utilities at 3–4; US WEST at 6; Vermont FCC Rcd 22430 (1997); See also Fourth decision was based on the decision in Public Service Board at 2–3; Western Report and Order and Second Report the Universal Service Order to fund only Alliance at 18–19; and Wyoming Public and Order, CC Docket Nos. 94–1, 96– the federal share, or 25 percent, of high Service Commission at 2. Several parties 262, 62 FR 59340 (June 11, 1997), 12 cost support from the federal have also appealed that decision. Texas FCC Rcd 16642 (1997), the Commission mechanism, discussed below. Office of Public Utility Counsel et al. v. set in place rules that will identify and In the first step of the Commission’s FCC, No. 97–60421 (5th Cir. filed June convert existing mechanisms for four-step methodology for determining 25, 1997). Since the period for filing providing federal universal service support for non-rural carriers, a comments on those reconsideration support to explicit, competitively- forward-looking economic cost petitions closed, several parties have neutral federal universal service support mechanism selected by the Commission, proposed specific alternatives to the mechanisms. In particular, the in consultation with the Joint Board, Commission’s 25/75 funding decision. Commission adopted a methodology for will be used to calculate the forward- All of the proposals described in this universal service support for rural and looking economic cost to non-rural Public Notice will be available on the non-rural carriers that will replace the carriers for providing the supported Commission’s web page at http:// following existing programs: the services in high cost areas. www.fcc.gov under the heading interstate high cost fund, Long Term (Alternatively, states may submit cost ‘‘Universal Service.’’ The proposals that Support, and Dial-Equipment-Minute studies that, if consistent with the calculate forward-looking cost use a (DEM) weighting programs. Universal criteria established by the Commission forward-looking economic cost model. Service Order, 12 FCC Rcd at 8889, para. in the Universal Service Order, will be For demonstration purposes, fund 204. The Commission determined that used to compute the forward-looking estimates are based on two industry- proposed models under consideration non-rural carriers serving rural, insular, cost. The Commission will select a by the Commission, the Benchmark Cost and high cost areas (collectively referred forward-looking mechanism by August Proxy Model (BCPM) and the HAI to as ‘‘high cost areas’’) would begin to 1998. Universal Service Order, 12 FCC model (HAI), however the versions of receive support based on forward- Rcd at 8890, 8910, 8912–16, paras. 206, the models and the inputs used may looking economic cost beginning 245, 248–50.) Second, the Commission vary across proposals. BCPM was January 1, 1999, while rural carriers will establish nationwide revenue submitted by BellSouth Corporation, serving high cost areas would move to benchmarks calculated on the basis of BellSouth Telecommunications, Inc., U a forward-looking methodology no average revenue per line. Without S WEST, Inc., and Sprint Local sooner than January 1, 2001. In the adopting a precise method for Telephone Company. Submission to CC meantime, rural carriers will continue to calculating the benchmarks, the Docket Nos. 96–45 and 97–160 by receive support based on their Commission stated in the Universal BCPM proponents, dated December 11, embedded cost. As encouraged by the Service Order that it appears that the 1997. HAI was submitted by AT&T and Commission in the Universal Service benchmarks should be approximately MCI. Letter from Richard N. Clarke, Order, the Joint Board has sought $31 for residential services and AT&T, to Magalie Roman Salas, FCC, nominations for a Rural Task Force that approximately $51 for single-line dated December 11, 1997. Versions of will study the establishment of a businesses. Universal Service Order, 12 HAI filed before February 3, 1998, were forward-looking economic cost FCC Rcd at 8924, para. 267. The known as the Hatfield Model. mechanism for rural carriers. Federal- Commission intends to make a formal Proposals to Modify the Commission’s State Joint Board on Universal Service, determination on the appropriate Methodology. Upon recommendation by Public Notice, FCC 97J–1 (released revenue benchmark before it the Joint Board, the Commission September 17, 1997). The Commission implements a high cost support adopted a nationwide revenue also determined that it would assess and mechanism based on forward-looking benchmark based on average revenues permit recovery of contributions to high costs. Third, the difference between the per line. Federal-State Joint Board on cost support mechanisms based only on forward-looking economic cost and the Universal Service, CC Docket No. 96–45, interstate revenues because such an benchmark will be calculated. Fourth, Recommended Decision, 12 FCC Rcd approach would continue the historical federal support will be 25 percent of 246 (1996); Universal Service Order, 12 method for recovering universal service that difference, corresponding to the FCC Rcd at 8919, para. 259. Subsequent support contributions and promote percentage of loop costs allocated to the to the Joint Board’s recommendation, a comity between the federal and state interstate jurisdiction. In the Universal majority of state members of that Joint governments. Universal Service Order, Service Order, the Commission stated Board endorsed a nationwide 12 FCC Rcd at 9198–9203, paras. 824– that, once states have taken steps to benchmark based on the nationwide 836. Thus, the Commission concluded identify the subsidies implicit in average cost of service, as determined by that carriers may recover their intrastate rates, the Commission may a forward-looking cost model. In light of contributions through interstate access reassess the amount of federal support the recommendation of the Joint Board’s and interexchange revenues. Universal that is necessary to ensure affordable majority state members and the Service Order, 12 FCC Rcd at 9199– rates. A number of parties have sought proposals described in this Public 9200, paras. 829–830. (Price cap LECs reconsideration of the Commission’s Notice, we seek additional comment may treat their contributions as decision to initially fund only 25 regarding the use of a cost-based exogenous changes to their price cap percent of total high cost support. See, benchmark. indices. Access Charge Reform Order, e.g., the petitions filed on July 17, 1997 U S WEST proposes to modify the FCC Rcd at 16147, para. 379.) Finally, in CC Docket No. 96–45 by the second step of the Commission’s the Commission directed that following parties: Alaska Public Utilities forward-looking methodology for non- incumbent LECs use high cost support Commission at 5–6; Alaska Telephone rural carriers by creating a second 23260 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules revenue benchmark (Interstate High contribution does not increase. Finally, appropriate method and revenues to Cost Affordability Plan or IHCAP). the federal support for each state is set recover contributions for high cost Exhibit of James D. Smiley, U S WEST, at either the hold-harmless amount or support. for FCC En Banc Hearing, Universal the amount determined in step 3, Implementation of High Cost Support Service (March 6, 1998) (IHCAP whichever is greater. Federal support Methodology. In the Universal Service Proposal). U S WEST does not specify below the hold-harmless level is Order, the Commission established a different benchmark levels for different distributed by state commissions to forward-looking economic cost types of lines, e.g., residential, single- carriers that receive support under the methodology for non-rural carriers that line business, or multi-line business current system. Federal support above will calculate support based on forward- lines. Under the IHCAP, the federal the hold-harmless level is distributed to looking cost beginning January 1, 1999. mechanism would provide support for other eligible telecommunications AT&T seeks to delay implementation of 25 percent of the costs between a carriers (ETCs) according to a state the high cost support mechanism for ‘‘Primary Benchmark’’ and a ‘‘Super distribution plan reviewed by the ‘‘the Major ILECs * * * at the very least Benchmark,’’ and 100 percent of the Commission. The Ad Hoc Working until these companies have opened their costs above the Super Benchmark. For Group and the Telecommunications markets to robust and widespread local demonstration purposes, the IHCAP Industry Analysis Project (TIAP) also competition.’’ Letter from Brian assumes a Primary Benchmark of $30 examine possible modifications to the Masterson, AT&T, to Magalie Roman and a Super Benchmark of $50. Ad Hoc Proposal. Salas, FCC, dated March 12, 1998, at att. TIAP proposes four alternatives to the Presentation of Joel Lubin, AT&T, to An Ad Hoc Working Group convened federal forward-looking methodology. March 6, 1998 en banc Commission through the National Association of One proposal increases federal support meeting. In contrast, proponents of the Regulatory Utility Commissioners to 40 percent of the difference between Ad Hoc Proposal support the proposes an alternative approach for forward-looking cost and the revenue implementation of their proposal for determining and distributing high cost benchmark (40/60 Proposal). In another both rural and non-rural carriers on support for both rural and non-rural proposal, the federal fund supports 100 January 1, 1999. Ad Hoc Proposal at 13. carriers (Ad Hoc Proposal). Letter from percent of the difference between the U S WEST recommends that non-rural Peter Bluhm, Vermont Public Service forward-looking economic cost and the carriers begin receiving support based Board, to Magalie Roman Salas, FCC, benchmark only in one or two of the on the IHCAP on January 1, 1999, and dated April 10, 1998, at att. High Cost lowest density zones served by non- that a forward-looking methodology that Support: An Alternative Distribution rural carriers (Density Zone Proposal). will best meet the needs of rural carriers Proposal (Ad Hoc Proposal); see also Assuming a $30 benchmark, TIAP should be determined after several years Statement of Thomas Welch, Maine estimates that federal support for the of experience of calculating support Public Utilities Commission, at March 6, lowest density zone calculated by the based on IHCAP for the non-rural 1998 en banc Commission meeting, models (0 to 5 lines per square mile) carriers. IHCAP Proposal at 4. See also transcript at 24–25. In lieu of the would result in a fund of $3,965 letter to William E. Kennard, FCC, from forward-looking cost methodology million, based on BCPM, or $2,410 Solomon D. Trujillo, U S WEST, dated established by the Commission, a draft million, based on HAI. TIAP states that April 2, 1998. We seek comment on of the Ad Hoc Proposal filed with the federal support for the two lowest these implementation proposals. With Commission on April 10, 1998 density zones (0 to 5 lines per square regard to AT&T’s petition, we seek calculates federal support for each state mile and 5 to 1000 lines per square comment on the specific criteria that in five steps. First, the Ad Hoc Proposal mile) ‘‘would increase the federal fund should trigger implementation of the uses a forward-looking economic cost by 312% for BCPM and 277% for HAI.’’ forward-looking methodology for non- model selected by the Commission to TIAP Proposals at 24. A third proposal rural carriers. calculate the average forward-looking applies one nationwide surcharge to Finally, in its Report to Congress, the cost per line for each state, as well as each telephone number per month Commission commits to completing a the average forward-looking cost per (Telephone Number Proposal). Based on reconsideration of the issues raised in line for the nation. The difference the assumption that the federal fund this Public Notice prior to implementing between these amounts is calculated for will provide 100 percent of the the new high cost mechanism for non- each state and multiplied by a necessary support, the surcharge is rural carriers. Report to Congress at composite state separations factor which calculated by dividing the fund by the para. 224. The Commission specifies the proposal assumes to be 75 percent. number of phone numbers in service, that, in the course of reconsidering these Second, the above process is repeated and by twelve months. A fourth issues, it will work closely with the using embedded cost. Specifically, the proposal applies one nationwide state members of the Joint Board. The difference between each state’s average surcharge to each customer’s bill based Commission attests that, in the past two embedded cost and 105 percent of the on a percentage of the total (interstate years in particular, the ideas generated national average embedded cost is and intrastate) revenues on the bill by the formal and informal dialogue calculated for each state and multiplied (Percentage of Retail Revenues among state members of the Joint Board by a composite state separations factor. Proposal). Based on the assumption that and the FCC Commissioners have Third, the lesser amount resulting from the federal fund will provide 100 facilitated the shared objectives of the first two steps is determined. percent of the necessary support, the preserving and advancing universal Fourth, a ‘‘hold-harmless’’ level is surcharge is calculated by dividing the service as competition develops in local calculated for each state equal to federal fund by total annual retail revenues. markets. support received by carriers in that state We seek comment on the use of a under existing mechanisms. For those cost-based benchmark and the proposals Final Regulatory Flexibility Analysis states with above-average embedded of U S WEST, the Ad Hoc Working In the Universal Service Order we costs that also currently make a net Group, and TIAP. In addition, we seek conducted a Final Regulatory Flexibility contribution to federal support comment on how to modify our rules in Analysis (FRFA), Universal Service mechanisms, the hold-harmless level is the event such a proposal were adopted. Order, 12 FCC Rcd at 9219–9260 paras. increased to ensure that a state’s net We also seek comment on the 870–983, as required by the Regulatory Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23261

Flexibility Act (RFA). See 5 U.S.C. 604. Washington Street, S.W., Atlanta, GA Branch, 2100 M Street, N.W., Room 8611, The RFA (see 5 U.S.C. 601 et seq.) has 30334–5701 Washington, DC 20554 been amended by the Contract With The Honorable Laska Schoenfelder, [FR Doc. 98–11200 Filed 4–27–98; 8:45 am] Commissioner, South Dakota Public America Advancement Act of 1996, BILLING CODE 6712±01±P Pub. L. 104–121, 110 Stat. 847 (1996) Utilities Commission, State Capitol, 500 (CWAAA). Title II of the CWAAA is the East Capitol Street, Pierre, SD 57501–5070 Small Business Regulatory Enforcement The Honorable Patrick H. Wood, III, Chairman, Texas Public Utility DEPARTMENT OF COMMERCE Fairness Act of 1996 (SBREFA). We Commission, 1701 North Congress Ave., received no petitions for reconsideration Austin, TX 78701 National Oceanic and Atmospheric of that FRFA. In this present Public Martha S. Hogerty, Missouri Office of Public Administration Notice, the Commission promulgates no Council, 301 West High Street, Suite 250, additional final rules, and our action Truman Building, Jefferson City, MO 65102 50 CFR Part 679 does not affect the previous analysis. If Charles Bolle, South Dakota Public Utilities [Docket No. 980414096±8096±01; I.D. commenters believe that the proposals Commission, State Capitol, 500 East 032698A] discussed in this Public Notice require Capitol Street, Pierre, SD 57501–5070 additional RFA analysis, they should Deonne Bruning, Nebraska Public Service RIN 0648±AJ99 include a discussion of these issues in Commission, 300 The Atrium, 1200 N their comments. Street, P.O. Box 94927, Lincoln, NE 68509– Fisheries of the Exclusive Economic Deadlines and Instructions for Filing 4927 Zone Off Alaska; Gear Allocation of Proposals and Comments. Interested James Casserly, Federal Communications Shortraker and Rougheye Rockfish in parties may file additional proposals Commission, Commissioner Ness’s Office, the Aleutian Islands Subarea regarding the Commission’s 1919 M Street, N.W., Room 832, Washington, DC 20554 AGENCY: National Marine Fisheries methodology for determining universal Rowland Curry, Texas Public Utility Service (NMFS), National Oceanic and service support for rural and non-rural Commission, 1701 North Congress Avenue, Atmospheric Administration (NOAA), carriers on or before April 27, 1998. P.O. Box 13326, Austin, TX 78701 Commerce. Interested parties may file comments in Ann Dean, Maryland Public Service ACTION: Proposed rule; request for support of or opposition to the Commission, 16th Floor, 6 Saint Paul comments. proposals on or before May 15, 1998. Street, Baltimore, MD 21202–6806 Reply comments are due on or before Bridget Duff, State Staff Chair, Florida Public SUMMARY: NMFS proposes regulations to May 29, 1998. All filings should refer to Service Commission, 2540 Shumard Oak implement Amendment 53 to the CC Docket Nos. 96–45 and 97–160, and Blvd., Tallahassee, FL 32399–0866 Fishery Management Plan for the DA 98–715. One original and five copies Irene Flannery, Federal Staff Chair, Federal Groundfish Fishery of the Bering Sea Communications Commission, Accounting of all filings must be sent to Magalie and Aleutian Islands Area (FMP). Roman Salas, Office of the Secretary, and Audits Division, Universal Service Branch, 2100 M Street, N.W., Room 8922, Amendment 53 would allocate Federal Communications Commission, Washington, DC 20554 shortraker rockfish and rougheye 1919 M Street, N.W., Room 222, Paul Gallant, Federal Communications rockfish (SR/RE) in the Aleutian Islands Washington, D.C. 20554. Parties must Commission, Commissioner Tristani’s subarea (AI) between vessels using trawl also send copies to the individuals Office 1919 M Street, N.W., Room 826, gear and vessels using non-trawl gear. listed on the attached Service List and Washington, DC 20554 This action is necessary to prevent the to the Commission’s copy contractor, Lori Kenyon, Alaska Public Utilities incidental catch of SR/RE in trawl International Transcription Service, Commission, 1016 West Sixth Avenue, fisheries from closing non-trawl Inc., 1231 20th Street, N.W., Suite 400, Anchorage, AK 99501 fisheries and is intended to further the Washington, D.C. 20554. Mark Long, Florida Public Service objectives of the FMP. Commission, 2540 Shumard Oak Blvd., List of Subjects in 47 CFR Part 54 Tallahassee, FL 32399–0866 DATES: Comments must be received at the following address by June 12, 1998. Universal service. Sandra Makeeff, Iowa Utilities Board, Lucas State Office Building, Des Moines, IA ADDRESSES: Comments may be sent to Federal Communications Commission. 50319 Sue Salveson, Assistant Regional James D. Schlichting, Kevin Martin, Federal Communications Administrator, Sustainable Fisheries Deputy Bureau Chief, Common Carrier Commission, Commissioner, Furchtgott- Division, Alaska Region, NMFS, P.O. Bureau. Roth’s Office, 1919 M Street, N.W., Room Box 21668, Juneau, AK 99802, Attn: 802, Washington, DC 20554 Attachment Lori Gravel, or delivered to the Federal Philip F. McClelland, Pennsylvania Office of Building, 709 West 9th Street, Juneau, The Honorable Susan Ness, Chair, Consumer Advocate, 1425 Strawberry Commissioner, Federal Communications Square, Harrisburg, PA 17120 AK. Copies of the Environmental Commission, 1919 M Street, N.W., Room Barry Payne, Indiana Office of the Consumer Assessment/Regulatory Impact Review 832, Washington, DC 20554 Counsel, 100 North Senate Avenue, Room prepared for this action may be obtained The Honorable Harold Furchtgott-Roth, N501, Indianapolis, IN 46204–2208 from the same address or by calling the Commissioner, Federal Communications James Bradford Ramsey, National Association Alaska Region, NMFS, at 907–586–7228. Commission, 1919 M Street, N.W., Room of Regulatory Utility Commissioners, 1100 802, Washington, DC 20554 FOR FURTHER INFORMATION CONTACT: The Honorable Gloria Tristani, Pennsylvania Ave., N.W., P.O. Box 684, Alan Kinsolving, 907–586–7228. Washington, DC 20044–0684 Commissioner, Federal Communications SUPPLEMENTARY INFORMATION: Commission, 1919 M Street, N.W., Room Brian Roberts, California Public Utilities 826, Washington, DC 20554 Commission, 505 Van Ness Avenue, San Management Background and Need for The Honorable Julia Johnson, State Chair, Francisco, CA 94102 Action Tiane Sommer, Georgia Public Service Chairman, Florida Public Service Fishing for groundfish by U.S. vessels Commission, 2540 Shumard Oak Blvd., Commission, 244 Washington Street, S.W., Gerald Gunter Building Tallahassee, FL Atlanta, GA 30334–5701 in the exclusive economic zone of the 32399–0850 Sheryl Todd (plus 8 copies), Federal Bering Sea and Aleutian Islands The Honorable David Baker, Commissioner, Communications Commission, Accounting management area (BSAI) is managed by Georgia Public Service Commission, 244 and Audits Division, Universal Service NMFS according to the FMP. The FMP 23262 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules was prepared by the North Pacific economic opportunity for the trawl and account for the fact that non-trawl Fishery Management Council (Council) non-trawl fishing industry. fisheries have been preempted in the under authority of the Magnuson- Concerns about the overall past by closures resulting from trawl Stevens Fishery Conservation and management of the SR/RE TAC, as well bycatch of SR/RE; nor would it conform Management Act (Magnuson-Stevens as trawl and non-trawl industry with an industry negotiated settlement Act). Fishing by U.S. vessels is governed frustration about actual or potential on what an equitable allocation should by regulations implementing the FMP at fishery closures resulting from be. Finally, a gear-specific allocation of 50 CFR parts 600 and 679. overfishing concerns, prompted the SR/RE would allow more effective The Council has submitted Council to take several actions at its management of SR/RE in both fisheries Amendment 53 for Secretarial review June and September 1997 meetings. and minimize the potential for over and a Notice of Availability of the FMP First, the Council recommended that harvest of the SR/RE TAC. separate maximum retainable bycatch amendment was published at 63 FR Classification 16223 (April 2, 1998) with comments on (MRB) percentages be established for the FMP amendment invited through SR/RE that would minimize the impact At this time, NMFS has not June 1, 1998. All written comments that ‘‘topping off’’ behavior may have on determined that the FMP amendment received by June 1, 1998, whether the rate at which the SR/RE TAC is this rule would implement is consistent specifically directed to the FMP reached. ‘‘Topping off’’ occurs when with the national standards of the amendment, the proposed rule, or both, vessel operators alter fishing operations Magnuson-Stevens Act and other will be considered in the approval/ to catch more SR/RE than they applicable laws. NMFS, in making that disapproval decision on the FMP otherwise would so that their retained determination, will take into account amendment. catch of these species may be the data, views, and comments received SR/RE are commercially valuable maximized under MRB constraints. To during the comment period. species. However, amounts available to minimize this practice, the Council NMFS prepared a regulatory impact the commercial fisheries are limited by voted to establish a separate MRB review that describes the impact this percentage for SR/RE of 7 percent a relatively small total allowable catch proposed rule, if adopted, would have relative to certain deepwater species (TAC) amount that is fully needed to on small entities. The Assistant General (primarily POP) and 2 percent relative support incidental catch or bycatch Counsel for Legislation and Regulation to all other species except arrowtooth needs in other groundfish fisheries. As of the Department of Commerce flounder, which cannot be used as a a result, the directed fishery for SR/RE certified to the Chief Counsel for species against which SR/RE may be typically is closed at the beginning of Advocacy of the Small Business retained. A final rule that implemented the fishing year. Bycatch of SR/RE is Administration that this proposed rule, the Council’s recommended MRB highest in the Pacific ocean perch (POP) if adopted, would not have a significant percentages was published in the and Atka mackerel trawl fisheries, but impact on a substantial number of small Federal Register on March 31, 1998 (63 entities as follows: SR/RE also are taken in non-trawl FR 15334), effective on April 30, 1998. fisheries. Of the total observed SR/RE In spite of the proposed MRB The Small Business Administration has bycatch from 1995 and 1996, 20.5 percentages, overall bycatch amounts of defined all fish-harvesting or hatchery percent and 10.1 percent, respectively, SR/RE still could pose concern because businesses that are independently owned and were taken in non-trawl fisheries. the TAC amounts annually specified for operated, not dominant in their field of In 1997, inseason management of SR/RE are small in comparison to the operation, with annual receipts not in excess of $3,000,000 as small businesses. groundfish fisheries in the AI was high volume POP and Atka mackerel frustrated by the relatively high bycatch Additionally, seafood processors with 500 trawl fisheries. Consequently, employees or fewer, wholesale industry of SR/RE in the POP and Atka mackerel representatives of the trawl and non- members with 100 employees or fewer, not- trawl fisheries (781 mt and 161 mt, trawl industries recommended that the for-profit enterprises, and government respectively). This resulted in a total Council adopt an FMP amendment to jurisdictions with a population of 50,000 or catch that exceeded the acceptable allocate SR/RE between gear groups. At less are considered small entities. NMFS has biological catch for SR/RE. Estimates of its February 1998 meeting, the Council determined that a ‘‘substantial number’’ of SR/RE bycatch through mid-1997 approved Amendment 53 to the FMP. small entities would generally be 20 percent indicated that the overfishing level After subtraction of reserves, this of the total universe of small entities affected would be reached if fisheries that took amendment would allocate 30 percent by the regulation. A regulation would have these species in the AI were not closed. a ‘‘significant economic impact’’ on these of the remaining SR/RE TAC to non- small entities if it reduced annual gross As a result, NMFS prohibited the trawl gear and 70 percent of the revenues by more than 5 percent, increased retention of Atka mackerel, Pacific cod, remaining SR/RE TAC to trawl gear. total costs of production by more than 5 and rockfish by vessels using trawl gear The industry-recommended allocation percent, resulted in compliance costs for and retention of Pacific cod and of SR/RE TAC between trawl and non- small entities that are at least 10 percent Greenland turbot by vessels using hook- trawl vessels is intended to provide an higher than compliance costs as a percent of and-line gear. Had it been necessary, allocation to the non-trawl fleet in sales for large entities, or would be likely to NMFS was prepared to close the excess of actual relative harvest in cause approximately 2 percent of the affected Individual Fishing Quota fishery for recent years. This measure should small businesses to go out of business. NMFS sablefish to prevent overfishing of SR/ provide these operations adequate assumes that catcher vessels participating in the Alaska groundfish fisheries are ‘‘small RE. Thus, although overfishing concerns opportunity to fully harvest their entities’’ for purposes of the Regulatory stemmed primarily from the bycatch of allocations of Pacific cod and sablefish. Flexibility Act. SR/RE in the POP and Atka mackerel Trawl industry representatives endorsed trawl fisheries, non-trawl fisheries that this split, recognizing that trawl bycatch In 1996, 213 vessels participated in the Aleutian Islands (AI) groundfish fisheries all also take incidental amounts of these rates will likely decrease as a result of of which could be affected by this rule. Of rockfish were closed, or threatened with the proposed reduction in the MRB these, 140 vessels (66 percent) were catcher closure, to prevent overfishing of SR/RE. percentages for SR/RE. A gear allocation vessels and would be considered the These overfishing closures disrupted based solely on historical catch between universe of impacted small entities by NMFS. fishing plans and resulted in a loss of gear groups would not adequately One hundred percent of these small entities Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Proposed Rules 23263 could be affected by this rule. Thus, this rule entities) participated in the Pacific ocean Dated: April 21, 1998. affects a substantial number of small entities. perch trawl fishery and no catcher boats Rolland A. Schmitten, There is no directed fishery for SR/RE. participated in the Atka mackerel trawl fishery. Both of these vessels would be able Assistant Administrator for Fisheries, These species are taken as bycatch in other National Marine Fisheries Service. BSAI fisheries, including Pacific ocean to switch to other fisheries in the event that perch, Atka mackerel, Pacific cod, sablefish, the Pacific ocean perch fishery were shut For the reasons set out in the and Greenland turbot. When the SR/RE total down due to SR/RE bycatch concerns. NMFS preamble, 50 CFR part 679 is proposed data indicate that these two vessels landed allowable catch is taken, the other fisheries to be amended as follows: that take SR/RE are closed. Trawl vessels only small amounts of Pacific ocean perch. generally take more SR/RE than non-trawl The proposed amendment would reduce PART 679ÐFISHERIES OF THE fisheries. To prevent trawl fisheries from the amount of SR/RE available to the trawl closing non-trawl fisheries, the proposed rule EXCLUSIVE ECONOMIC ZONE OFF sector by approximately 10 percent. To the ALASKA would allocate 30 percent of SR/RE bycatch extent that small entities participating in to non-trawl vessels. trawl fisheries actually retain SR/RE, this 1. The authority citation for part 679 During 1995 and 1996, non-trawl vessels reduction would cause a negative impact. In were responsible for 22 percent and 18 1996, small entities retained only 3,300 continues to read as follows: percent respectively of the bycatch of SR/RE. pounds. of SR/RE. Less than 600 pounds was Authority: 16 U.S.C. 773 et seq., 1801 et Thus, the proposed allocation is in excess of landed by small entities participating in seq. and 3631 et seq. the actual amount of bycatch in the non-trawl trawl fisheries. The remaining 2,700 pounds sector and represents a shift of approximately was landed by small entities participating in 2. In § 679.20, paragraph (a)(9) is 10 percent from the trawl to the non-trawl non-trawl fisheries. If the amount landed by redesignated as paragraph (a)(10), and a sector. During 1996, 93 non-trawl catcher trawl catcher vessels were reduced by 10 vessels fished in the AI subarea. During 1997, percent, a loss of 60 pounds, or $66, could new paragraph (a)(9) is added to read as small entities that participated in Aleutian potentially result. follows: Island non-trawl fisheries landed an estimated $1,618,506 worth of sablefish, Thus, NMFS is able to conclude that § 679.20 General limitations. substantially fewer than 20 percent of the rockfish, Greenland turbot and Pacific cod. * * * * * These vessels would be positively impacted affected small entities would experience any by this rule, because it would be less likely negative impact at all, and that in no case (a) * * * that non-trawl fisheries would be shut down would this rule result in a significant impact on a substantial number of small entities. (9) BSAI shortraker rockfish and due to SR/RE bycatch concerns. rougheye rockfish. After subtraction of During 1996, 47 trawl catcher vessels As a result, a regulatory flexibility reserves, the TAC of Shortraker rockfish fished in the AI. These vessels could be analysis was not prepared. A copy of the and rougheye rockfish specified for the negatively impacted by the proposed rule to analysis is available from NMFS (See Aleutian Islands subarea will be the extent that SR/RE bycatch concerns result ADDRESSES). in shortened trawl seasons. However, only allocated 30 percent to vessels using This proposed rule has been non-trawl gear and 70 percent to vessels those fisheries in which SR/RE bycatch is determined to be not significant for high, primarily Atka mackerel and Pacific using trawl gear. purposes of E.O. 12866. ocean perch, would risk early closure. Both * * * * * of these fisheries are primarily undertaken by List of Subjects in 50 CFR Part 679 catcher/processor vessels (large entities). [FR Doc. 98–11242 Filed 4–27–98; 8:45 am] Between 1992 and 1996, only two catcher Alaska, Fisheries, Recordkeeping and BILLING CODE 3510±22±F vessels (1.4 percent of the affected small reporting requirements. 23264

Notices Federal Register Vol. 63, No. 81

Tuesday, April 28, 1998

This section of the FEDERAL REGISTER State and local officials (7 CFR Part Family size Annual Month Week contains documents other than rules or 3015, Subpart V, 48 FR 29112). proposed rules that are applicable to the 1 ...... 10,465 873 202 public. Notices of hearings and investigations, Description 2 ...... 14,105 1,176 272 committee meetings, agency decisions and On December 23, 1985, the President 3 ...... 17,745 1,479 342 rulings, delegations of authority, filing of signed the Food Security Act of 1985 4 ...... 21,385 1,783 412 petitions and applications and agency (Pub. L. 99–198). This legislation 5 ...... 25,025 2,086 482 statements of organization and functions are 6 ...... 28,665 2,389 552 examples of documents appearing in this amended sections 5(f) and (g) of the 7 ...... 32,305 2,693 622 section. Agriculture and Consumer Protection 8 ...... 35,945 2,996 692 Act of 1973 (7 U.S.C. 612c note) to For each addi- require that the Secretary permit tional family DEPARTMENT OF AGRICULTURE agencies administering the CSFP to member add .. +3,640 +304 +70 serve elderly persons if such service can Food and Nutrition Service be provided without reducing service Dated: April 20, 1998. levels for women, infants, and children. Yvette S. Jackson, Commodity Supplemental Food The law also mandates establishment of Administrator, Food and Nutrition Service. Program: Elderly Income Guidelines income eligibility requirements for [FR Doc. 98–11183 Filed 4–27–98; 8:45 am] AGENCY: Food and Nutrition Service, elderly participation. Prior to enactment BILLING CODE 3410±30±P USDA. of Pub. L. 99–198, elderly participation was restricted by law to three ACTION: Notice. designated pilot projects which served DEPARTMENT OF AGRICULTURE SUMMARY: the elderly in accordance with This notice announces the Rural Business-Cooperative Service adjusted income guidelines to be used agreements with the Department. In order to implement the CSFP by State agencies in determining the Inviting Preapplications for Technical eligibility of elderly persons applying to mandates of Pub. L. 99–198, the Department published an interim rule Assistance for Rural Transportation participate in the Commodity Systems Supplemental Food Program (CSFP). on September 17, 1986 at 51 FR 32895 These guidelines are to be used in and a final rule on February 18, 1988, AGENCY: Rural Business-Cooperative conjunction with the CSFP regulations at 58 FR 8287. These regulations Service, USDA. defined ‘‘elderly persons’’ as those who under 7 CFR Part 247. ACTION: are 60 years or older (7 CFR 247.2). The Notice. EFFECTIVE DATE: July 1, 1998. final rule further stipulates that elderly SUMMARY: The Rural Business- FOR FURTHER INFORMATION CONTACT: persons certified on or after September Cooperative Service (RBS), an Agency Lillie F. Ragan, Assistant Branch Chief, 17, 1986 must have ‘‘household income within the Rural Development mission Household Programs Branch, U.S. at or below 130 percent of the Federal area, announces the availability of one Department of Agriculture, 3101 Park Poverty Income Guidelines published single $500,000 grant from the Center Drive, Alexandria, Virginia annually by the Department of Health passenger transportation portion of the 22302–1594, or telephone (703) 305– and Human Services’’ (7 CFR Rural Business Enterprise Grant (RBEG) 2662. 247.7(a)(3)). Program for Fiscal Year 1998 to be SUPPLEMENTARY INFORMATION: The Federal Poverty Income competitively awarded to a qualified Guidelines are revised annually to national organization. Regulatory Flexibility Act reflect changes in the Consumer Price DATES: Index. The revision for 1998 was The deadline for receipt of a This action is not a rule as defined by preapplication in the Rural the Regulatory Flexibility Act (5 U.S.C. published by the Department of Health and Human Services (DHHS) in the Development State Office is June 15, 601–612) and thus is exempt from the 1998. Preapplications received at a provisions of that Act. Federal Register for February 24, 1998 at 63 FR 9235. To establish income Rural Development State Office after Paperwork Reduction Act limits of 130 percent, the guidelines that date will not be considered for Fiscal Year 1998 funding. This notice does not contain reporting were multiplied by 1.30 and the results or recordkeeping requirements subject rounded up to the next whole dollar. ADDRESSES: For further information, to approval by the Office of At this time, the Department is entities wishing to apply for assistance Management and Budget in accordance publishing the income limits of 130 should contact a Rural Development with the Paperwork Reduction Act of percent of the poverty income State Office to receive further 1995 (44 U.S.C. 3507). guidelines. The table in this notice information and copies of the contains the income limits by preapplication package. A list of Rural Executive Order 12372 household size to be used for elderly Development State Offices follows: This program is listed in the Catalog certification in the CSFP for the period Alabama of Federal Domestic Assistance July 1, 1998–June 30, 1999. USDA Rural Development State Office, Programs under No. 10.565 and is Effective July 1, 1998—June 30, Sterling Centre, Suite 601, subject to the provisions of Executive 1999—FNS Income Eligibility 4121 Carmichael Road, Order 12372, which requires Guidelines for the Elderly in CSFP (130 Montgomery, AL 36106–3683, intergovernmental consultation with Percent of Poverty Income Guidelines) (334) 279–3400 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23265

Alaska Federal Building, Room 873, Nevada USDA Rural Development State Office, 800 210 Walnut Street, USDA Rural Development State Office, West Evergreen, Suite 201, Palmer, AK Des Moines, IA 50309, 1390 South Curry Street, 99645, (907) 745–2176 (515) 284–4663 Carson City, NV 89703–5405, (702) 887–1222 Arizona Kansas USDA Rural Development State Office, 3003 USDA Rural Development State Office, New Jersey North Central Avenue, Suite 900, Phoenix, 1200 SW Executive Drive, USDA Rural Development State Office, AZ 85012, (602) 280–8700 P.O. Box 4653, Tarnsfield Plaza, Suite 22, Topeka, KS 66604, 790 Woodlane Road, Arkansas (913) 271–2700 Mt. Holly, NJ 08060, USDA Rural Development State Office, Kentucky (609) 265–3600 700 West Capitol Ave. Rm. 5411, Little Rock, AR 72201–3225, USDA Rural Development State Office, New Mexico (501) 324–6281 771 Corporate Drive, Suite 200, USDA Rural Development State Office, Lexington, KY 40503, 6200 Jefferson Street, Room 255, California (606) 224–7300 Albuquerque, NM 87109, USDA Rural Development State Office, Louisiana (505) 761–4950 194 West Main Street, Suite F, Woodland, CA 95695–2915, USDA Rural Development State Office New York (530) 668–2000 3727 Government Street, USDA Rural Development State Office, Alexandria, LA 71302, The Galleries of Syracuse, Colorado (318) 473–7920 441 South Salina Street, Suite 357, USDA Rural Development State Office, Syracuse, NY 13202, Maine 655 Parfet Street, Room E–100, (315) 477–6400 Lakewood, CO 80215, USDA Rural Development State Office (303) 236–2801 444 Stillwater Avenue, Suite 2, North Carolina P.O. Box 405, USDA Rural Development State Office, Delaware and Maryland Bangor, ME 04402–0405, 4405 Bland Road, Suite 260, USDA Rural Development State Office, (207) 990–9106 Raleigh, NC 27609, 5201 South Dupont Hwy, (919) 873–2000 P.O. Box 400, Massachusetts/Rhode Island/Connecticut Camden, DE 19934–9998, USDA Rural Development State Office, North Dakota (302) 697–4300 451 West Street, USDA Rural Development State Office, Amherst, MA 01002, Federal Building, Room 208, Florida/Virgin Islands (413) 253–4300 220 East Rosser, P.O. Box 1737, USDA Rural Development State Office, Bismarck, ND 58502, 4440 NW 25th Place, Michigan (701) 250–4781 P.O. Box 147010, USDA Rural Development State Office, Gainesville, FL 32614–7010, 3001 Coolidge Road, Suite 200, Ohio (352) 338–3400 East Lansing, MI 48823, USDA Rural Development State Office, (517) 337–6635 Federal Building, Room 507, Georgia 200 North High Street, USDA Rural Development State Office, Minnesota Columbus, OH 43215, Stephens Federal Building 355 E. Hancock USDA Rural Development State Office, (614) 469–5606 Avenue, 410 AgriBank Building, Athens, GA 30601, 375 Jackson Street, Oklahoma (706) 546–2162 St. Paul, MN 55101, USDA Rural Development State Office, (612) 602–7800 100 USDA, Suite 108, Hawaii/Western Pacific Territories Stillwater, OK 74074, USDA Rural Development State Office, Mississippi (405) 742–1000 Federal Building, Room 311, 154 USDA Rural Development State Office, Waianuenue Avenue, Federal Building, Suite 831, Oregon Hilo, HI 96720, 100 West Capitol Street, USDA Rural Development State Office, (808) 933–3000 Jackson, MS 39269, 101 SW Main Street, Suite 1410, (601) 965–4316 Portland, OR 97204–2333, Idaho (503) 414–3300 USDA Rural Development State Office, Missouri 3232 Elder Street, USDA Rural Development State Office, Pennsylvania Boise, ID 83705, 601 Business Loop 70 West, USDA Rural Development State Office, (208) 378–5600 Parkade Center, Suite 235, 1 Credit Union Place, Suite 330, Columbia, MO 65203, Harrisburg, PA 17110–2996, Illinois (573) 876–0976 (717) 237–2299 USDA Rural Development State Office, Illini Plaza, Suite 103, Montana Puerto Rico 1817 South Neil Street, USDA Rural Development State Office, USDA Rural Development State Office, Champaign, IL 61820, Unit 1, Suite B, New San Juan Office Building, Rm. 501, (217) 398–5235 900 Technology Boulevard, 159 Carlos E. Chardon Street, Bozeman, MT 59715, Hato Rey, PR 00918–5481, Indiana (406) 585–2580 (787) 766–5095 USDA Rural Development State Office, 5975 Lakeside Boulevard, Nebraska South Carolina Indianapolis, IN 46278, USDA Rural Development State Office, USDA Rural Development State Office, (317) 290–3100 Federal Building, Room 152, Strom Thurmond Federal Building, 100 Centennial Mall N, 1835 Assembly Street, Room 1007, Iowa Lincoln, NE 68508, Columbia, SC 29201, USDA Rural Development State Office, (402) 437–5551 (803) 765–5163 23266 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

South Dakota U.S.C. 1932). The RBEG program is reviewed to determine if the USDA Rural Development State Office, administered on behalf of RBS at the preapplication is consistent with the Federal Building, Room 210, State level by the Rural Development eligible purposes outlined in 7 CFR part 200 4th Street SW, State Offices. The primary objective of 1942, subpart G, and section 310B(c)(2) Huron, SD 57350, the program is to improve the economic of the CONACT. Each selection (605) 352–1100 conditions of rural areas. Assistance priorities criterion outlined in 7 CFR Tennessee provided to rural areas under this part 1942, subpart G, section program may include on-site technical USDA Rural Development State Office, 1942.305(b)(3), must be addressed in the assistance to local and regional 3322 West End Avenue, Suite 300, preapplication. Failure to address any of Nashville, TN 37203–1071, governments, public transit agencies, the criteria will result in a zero-point (615) 783–1300 and related nonprofit and for-profit score for that criterion and will impact organizations in rural areas; the the overall evaluation of the Texas development of training materials; and preapplication. Copies of 7 CFR part USDA Rural Development State Office, the provision of necessary training 1942, subpart G, will be provided to any 101 South Main, Suite 102, assistance to local officials and agencies interested applicant making a request to Temple, TX 76501, in rural areas. a Rural Development State Office listed (254) 742–9700 Awards under the RBEG passenger in this notice. All projects to receive Utah transportation program are made on a technical assistance through these USDA Rural Development State Office, competitive basis using specific passenger transportation grant funds are Wallace F. Bennett Federal Building, selection criteria contained in 7 CFR to be identified when the preapplication 125 South State Street, Rm. 4311, part 1942, subpart G, and in accordance is submitted to the Rural Development P.O. Box 11350, with section 310B(c)(2) of the CONACT. State Office. Multiple project Salt Lake City, UT 84147–0350, That subpart also contains the preapplications must identify each (801) 524–4063 information required to be in the individual project, indicate the amount preapplication package. Up to 25 Vermont/New Hampshire of funding requested for each individual Administrator’s points may be added to project, and address the criteria as USDA Rural Development State Office, an application’s priority score based on stated above for each individual project. City Center, 3rd Floor, the extent to which the application For a multiple-project preapplication, 89 Main Street, targets assistance to Empowerment Montpelier, VT 05602, the average of the individual project Zones/Enterprise Communities, (802) 828–6002 scores will be the score for that Champion Communities, or other rural preapplication. Virginia communities that have experienced USDA Rural Development State Office, pervasive poverty, out-migration of All eligible preapplications, along Culpeper Building, Suite 238, population, or sudden severe structural with tentative scoring sheets and the 1606 Santa Rosa Road, changes in the local economy. A project Rural Development State Director’s Richmond, VA 23229, that scores the greatest number of points recommendation, will be referred to the (804) 287–1550 based on the selection criteria and National Office no later than July 15, Washington Administrator’s points will be selected. 1998, for final scoring and selection for Preapplications will be tentatively award. USDA Rural Development State Office, 1835 Blacklake Boulevard, SW., Suite B, scored by the State Offices and The National Office will score Olympia, WA 98512–5715, submitted to the National Office for preapplications based on the grant (360) 704–7700 review, final scoring, and selection. selection criteria and weights contained To be considered ‘‘national’’, a West Virginia in 7 CFR part 1942, subpart G, and qualified organization is required to Administrator’s points, and will select USDA Rural Development State Office, provide evidence that it operates in an awardee subject to the awardee’s 75 High Street, Room 320, multi-state areas. There is not a P.O. Box 678, satisfactory submission of a formal requirement to use the grant funds in a application and related materials in the Morgantown, WV 26505, multi-state area. Under this program, (304) 291–4791 manner and time frame established by grants are made to a qualified private RBS in accordance with 7 CFR part nonprofit organization for the provision Wisconsin 1942, subpart G. It is anticipated that of technical assistance and training to USDA Rural Development State Office, the grant awardee will be selected by rural communities for the purpose of 4949 Kirschling Court, August 28, 1998. All applicants will be improving passenger transportation Stevens Point, WI 54481, notified by RBS of the Agency decision services or facilities. Public bodies are (715) 345–7600 on the award. not eligible for passenger transportation Wyoming RBEG grants. The information collection USDA Rural Development State Office, Refer to section 310B(c)(2) (7 U.S.C. requirements within this Notice are 100 East B, Federal Building, Rm 1005, 1932) of the CONACT and 7 CFR part covered under OMB No. 0570–0022 and P.O. Box 82602, 1942 subpart G for the information 7 CFR part 1942, subpart G. Casper, WY 82601, collection requirements of the RBEG (307) 261–6300 Dated: April 20, 1998. program. SUPPLEMENTARY INFORMATION: The Wilbur F. Hagy III, passenger transportation portion of the Fiscal Year 1998 Preapplication Acting Administrator, Rural Business- RBEG program is authorized by section Submission Cooperative Service. 310B(c)(2) of the Consolidated Farm and Each preapplication received in a [FR Doc. 98–11182 Filed 4–27–98; 8:45 am] Rural Development Act (CONACT) (7 Rural Development State Office will be BILLING CODE 3410±XY±U Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23267

DEPARTMENT OF COMMERCE demonstrated sufficient industry petition account for: (1) at least 25 support (see discussion below). percent of the total production of the International Trade Administration domestic like product; and (2) more Scope of Investigation [A±560±803, C±560±804] than 50 percent of the production of the For purposes of the antidumping and domestic like product produced by that Initiation of Antidumping and countervailing duty investigations, the portion of the industry expressing Countervailing Duty Investigations: product covered is extruded rubber support for, or opposition to, the Extruded Rubber Thread From thread (‘‘rubber thread’’) from petition. Indonesia Indonesia. Rubber thread is defined as Section 771(4)(A) of the Act defines vulcanized rubber thread obtained by the ‘‘industry’’ as the producers of a AGENCY: Import Administration, extrusion of stable or concentrated domestic like product. Thus, to International Trade Administration, natural rubber latex of any cross determine whether the petition has the Department of Commerce. sectional shape, measuring from 0.18 requisite industry support, the statute EFFECTIVE DATE: April 28, 1998. mm, which is 0.007 inches or 140 gauge, directs the Department to look to to 1.42 mm, which is 0.056 inch or 18 FOR FURTHER INFORMATION CONTACT: producers and workers who account for Anne D’Alauro (antidumping gauge, in diameter. production of the domestic like product. Rubber thread is currently classified investigation) or Stephanie Moore The ITC, which is responsible for under subheading 4007.00.00 of the (countervailing duty investigation), determining whether ‘‘the domestic Harmonized Tariff Schedule (HTS). industry’’ has been injured, must also Office of CVD/AD Enforcement VI, Although the HTS subheadings are determine what constitutes a domestic International Trade Administration, provided for convenience and Customs like product in order to define the U.S. Department of Commerce, Room purposes, the written description of the industry. While both the Department 1870, 14th Street and Constitution merchandise under investigation is and the ITC must apply the same Avenue, N.W., Washington, DC 20230; dispositive. statutory provision regarding the telephone (202) 482–2786. During our review of the petition, we domestic like product (section 771(10) INITIATION OF INVESTIGATIONS: discussed the scope with the petitioner of the Act), they do so for different The Applicable Statute and Regulations to insure that the scope in the petition purposes and pursuant to separate and accurately reflects the product for which distinct statutory authority. In addition, Unless otherwise indicated, all the domestic industry is seeking relief. the Department’s determination is citations to the statute are references to The petitioner addressed the scope in its subject to limitations of time and the provisions effective January 1, 1995, March 31, 1998 and April 13, 1998 information. Although this may result in the effective date of the amendments submissions to the Department. As different definitions of the domestic like made to the Tariff Act of 1930 (‘‘the discussed in the preamble to the new product, such differences do not render Act’’) by the Uruguay Round regulations (62 FR at 27323), the the decision of either agency contrary to Agreements Act (‘‘URAA’’). In addition, Department is setting aside a period for the law.1 unless otherwise indicated, all citations parties to raise issues regarding product Section 771(10) of the Act defines to the Department’s regulations are to coverage. We encourage parties to domestic like product as ‘‘a product the regulations codified at 19 CFR Part submit such comments by May 8, 1998. which is like, or in the absence of like, 351, published in the Federal Register Comments should be addressed to most similar in characteristics and uses on May 19, 1997 (62 FR 27296). Import Administration’s Central with, the article subject to an The Petition Records Unit at Room 1870, U.S. investigation under this title.’’ Thus, the Department of Commerce, Pennsylvania reference point from which the On March 31, 1998, the Department of Avenue and 14th Street, N.W., domestic like product analysis begins is Commerce (the Department) received a Washington, D.C. 20230. This period of ‘‘the article subject to an investigation,’’ petition filed in proper form by North scope consultations is intended to i.e., the class or kind of merchandise to American Rubber Thread Co., Ltd. (‘‘the provide the Department with ample be investigated, which normally will be petitioner’’). A supplement to the opportunity to consider all comments the scope as defined in the petition. petition was filed on April 13, 1998. and consult with parties prior to the The domestic like product referred to The petitioner alleges that imports of issuance of the preliminary in the petition is the single domestic extruded rubber thread from Indonesia determination. like product defined in the ‘‘Scope of are being, or are likely to be, sold in the Investigation’’ section, above. The Consultations United States at less than fair value Department has no basis on the record within the meaning of section 731 of the Pursuant to section 702(b)(4)(A)(ii) of to find the petition’s definition of the Act and that countervailable subsidies the Act, the Department invited domestic like product to be inaccurate. are being provided to producers and/or representatives of the Government of The Department has adopted the exporters of extruded rubber thread Indonesia to participate in consultations domestic like product definition set from Indonesia within the meaning of with respect to the countervailing duty forth in the petition. section 701 of the Act. The petitioner petition. The Government of Indonesia The Department’s analysis indicates alleges that imports of such unfairly did not avail itself of this opportunity. that the petitioner accounts for at least traded (i.e., dumped and subsidized) 25 percent of the total production of the extruded rubber thread from Indonesia Determination of Industry Support for the Petition domestic like product. The Department materially injure, or threaten material has confirmed the petitioner’s assertion injury to, an industry in the United Sections 702(b)(1) and 732(b)(1) of the States. Act require that a petition be filed on 1 See Algoma Steel Corp., Ltd. v. United States, The Department finds that the behalf of the domestic industry. 688 F. Supp. 639, 642–44 (CIT 1988); High petitioner filed the petition on behalf of Sections 702(c)(4)(A) and 732(c)(4)(A) of Information Content Flat Panel Displays and Display Glass Therefor from Japan: Final the domestic industry because it is an the Act provide that a petition meets Determination; Rescission of Investigation and interested party as defined in section this requirement if the domestic Partial Dismissal of Petition, 56 Fed. Reg. 32376, 771(9)(C) of the Act and it has producers or workers who support the 32380–81 (July 16, 1991). 23268 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices that Globe Manufacturing Co. (‘‘Globe’’) threatened with material injury, by for known differences, because this was is the only other producer of the reason of imports of the subject the only information which was domestic like product. On April 17, merchandise being sold at less than fair reasonably available to the petitioner. 1998, Globe submitted a statement of value and/or benefitting from the The calculation of NV is thus based on opposition to the petition. However, the bestowal of countervailable subsidies. constructed value (‘‘CV’’) using the Department has determined to disregard The allegations of injury and causation petitioner’s own cost of producing one Globe’s position. are supported by relevant evidence pound of rubber thread, with To satisfy the requirements of sections including business proprietary data adjustments for known differences 702 and 732, petitioners and supporters from the petitioner and the Indonesian between its cost experience and those of of the petition, in addition to accounting export statistics provided in the producers in Indonesia. See Tables for at least 25 percent of total domestic petition. The Department assessed the Accompanying the AD/CVD Checklist production, must account for more than allegations and supporting evidence (Public Version) which is on file in 50 percent of the production of the regarding material injury and causation room B–099 of the main Commerce domestic like product produced by that and determined that these allegations building. portion of the industry expressing are sufficiently supported by accurate Constructed value consists of the cost support or opposition to the petition and adequate evidence and meet the of materials, labor, overhead, general (sections 702(c)(4)(A) and 732(c)(4)(A) statutory requirements for initiation. See expenses, and profit. The petitioner of the Act). However, under certain Tab B accompanying the AD/CVD used its own cost of rubber latex, the circumstances, the Department must Checklist (public version) which is on primary material input, from mid-1997 disregard the positions of domestic file in room B–099 of the main and adjusted for potential differences in producers related to foreign producers. Commerce building. the precise mixture used by Indonesian In addition, the Department may producers, the percentage of latex disregard the position of producers who Allegation of Sales at Less Than Fair content, scrap, and transportation costs. are importers. (Sections 702(c)(4)(B) and Value/Constructed Export Price and Other chemical inputs (about 50 732(c)(4)(B)of the Act). In this case, the Normal Value differing chemicals and pigments) were petitioner alleged that Globe is related The following is a description of the provided with adjustments for losses to an Indonesian producer of subject allegation of sales at less than fair value incurred in production. The petitioner merchandise and that Globe is also an upon which our decision to initiate the did not include the cost of talc, used by importer of subject merchandise from antidumping duty investigation is most Indonesian producers, within the Indonesia. Globe’s April 17, 1998 based. Should the need arise to use any calculation of material costs, but submission clarifies the facts alleged by of this information in our preliminary or included these costs as an item of the petitioner. Based on our final determinations for purposes of overhead. The petitioner provided examination of the information facts available under section 776 of the information regarding skilled labor costs presented by Globe, we have Act, we may re-examine the information in Indonesia and, in combination with determined that Globe’s position should and revise the margin calculations, as its labor experience, made adjustments be disregarded for purposes of appropriate. to calculate labor costs in Indonesia. determining industry support for the The petitioner identified several The petitioner describes the cost petition pursuant to sections exporters and producers of rubber estimates for Indonesian labor so 702(c)(4)(B) and 732(c)(4)(B) of the Act. thread in Indonesia. The petitioner derived as conservative since the See Industry Support section of the AD/ provided allegations of sales at less than calculation relies on the petitioner’s CVD Checklist (Public Version) which is fair value based on constructed export lowest standard cost experience. on file in room B–099 of the main price (‘‘CEP’’), within the meaning of The petitioner calculated factory Commerce building. Therefore, we section 772(b) of the Act, and based on overhead in two different ways. In one conclude that the petitioner met the normal value (‘‘NV’’), within the example, the petitioner’s 1997 costs for statutory requirement for industry meaning of section 773 of the Act. The overhead as well as electricity were support. Accordingly, the Department petitioner based CEP on price quotes provided and adjusted for Indonesian determines that the petition is filed on during mid-1997 made by a U.S. cost differences. In a second example, behalf of the domestic industry within importer affiliated with an Indonesian the petitioner calculated factory the meaning of sections 702(b)(1) and supplier of rubber thread to potential overhead using the Department’s ‘‘Index 732(b)(1) of the Act. U.S. customers. The petitioner of Factor Values for Use in AD calculated a net U.S. price by Investigations Involving Products from Injury Test subtracting estimates of movement costs the People’s Republic of China’’ (AD Because Indonesia is a ‘‘Subsidies and selling expenses. Movement costs Factor Values) which provided a factory Agreement Country’’ within the (such as international freight, insurance overhead ratio of 25 percent for meaning of section 701(b) of the Act, and brokerage) were estimated based on Indonesia. This ratio was applied to the section 701(a)(2) of the Act applies to the difference between the CIF values combined costs of labor and materials the countervailing duty investigation. and the U.S. Customs values for rubber (exclusive of talc). A slight but Accordingly, the U.S. International thread imports from Indonesia reported inconsequential increase to the Trade Commission (ITC) must in the official U.S. import statistics overhead amount results when talc is determine whether imports of the during 1997. Selling expenses were included within materials prior to subject merchandise from Indonesia based on North American’s own application of the overhead ratio. materially injure, or threaten material experience for selling expenses for 1997, General expenses were calculated injury to, a U.S. industry. since the petitioner was unable to using two similar methodologies. The determine what the selling expenses of petitioner provided its own 1997 Allegations and Evidence of Material the Indonesian affiliated importer were. experience for selling, general and Injury and Causation The petitioner stated that it was administration expenses (SG&A). In a The petition alleges that the U.S. unable to determine rubber thread less conservative approach, the industry producing the domestic like prices or costs in Indonesia and thus petitioner also provided the ratio product is being materially injured, or is used its own cost information, adjusted reported in the AD Factor Values for Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23269 general expenses in Indonesia of 27.5 B–099 of the main Commerce building. termination of the administrative review percent. The specific calculations Unless the relevant deadline is of brass sheet and strip from Canada underlying each of these methodologies extended, we will make our preliminary covering imports of subject merchandise are detailed in the tables attached to the determinations for the countervailing for the period January 1, 1993 through AD/CVD checklist. Since the petitioner duty investigation no later than June 24, December 31, 1993. Due to a procedural did not include an amount for profit 1998 and for the antidumping duty oversight by the Department of within its CV calculation, we note that investigation no later than September 8, Commerce, the signature date of this the estimated CV would be higher if an 1998. notice of termination, October 21, 1997, amount for profit were added. In was one day prior to the date of the Distribution of Copies of the Petitions accordance with 773 of the Act, the respondent’s formal written request for methodology used by the petitioner to In accordance with sections termination of the 1993 review, which derive NV comports with Department 702(b)(4)(A)(i) and 732(b)(3)(A) of the was submitted to the Department of practice and petition requirements. Act, copies of the public version of the Commerce on October 22, 1997. In light The comparisons of NV to net U.S. petition have been provided to the of this procedural error, the Department prices result in estimated dumping representatives of the Government of of Commerce rescinded its termination margins that range from 0.81 percent Indonesia. We will attempt to provide of this review and reopened the (highest CEP compared to lowest NV copies of the public version of the administrative record of this proceeding estimate) to 62 percent (lowest CEP to petition to all exporters named in the for comments by interested parties on highest NV estimate). petition, as provided for in section the question of termination of this 351.203(c)(2) of the Department’s Fair Value Comparisons review. After careful review of the regulations. comments submitted by interested Based on the data provided by the ITC Notification parties, the Department of Commerce petitioner, there is reason to believe that decided that this review should be imports of rubber thread from Indonesia Pursuant to sections 702(d) and terminated and hereby terminates this are being, or are likely to be, sold in the 732(d) of the Act, we have notified the review. United States at less than fair value. ITC of these initiations. EFFECTIVE DATE: April 28, 1998. Allegations of Subsidies Preliminary Determinations by the ITC FOR FURTHER INFORMATION CONTACT: Section 702(b) of the Act requires the The ITC will determine by May 15, Paul Stolz or Thomas Futtner, Office of Department to initiate a countervailing 1998, whether there is a reasonable AD/CVD Enforcement, Import duty proceeding whenever an interested indication that an industry in the Administration, International Trade party files a petition, on behalf of an United States is being materially Administration, U.S. Department of industry, that (1) alleges the elements injured, or is threatened with material Commerce, 14th Street and Constitution necessary for an imposition of a duty injury, by reason of imports from Avenue, N.W., Washington, D.C. 20230, under section 701(a), and (2) is Indonesia of rubber thread. A negative telephone: (202) 482–4474 or (202) 482– accompanied by information reasonably ITC determination will result in the 3814, respectively. available to petitioner supporting the investigation being terminated; Applicable Statute and Regulations: allegations. We are including in our otherwise, the investigations will Unless otherwise stated, all citations to investigation the following programs proceed according to statutory and the statute and to the Department’s alleged in the petition to have provided regulatory time limits. regulations are references to the subsidies to producers and exporters of This notice is published pursuant to provisions as they existed on December the subject merchandise in Indonesia. section 777(i) of the Act. 31, 1994. 1. Export Financing Dated: April 20, 1998. SUPPLEMENTARY INFORMATION: 2. Import Duty Exemptions on Capital Robert S. LaRussa, Background Equipment Assistant Secretary for Import The Department of Commerce (the 3. Corporate Income Tax Holidays Administration. 4. Investment Credit for the Expansion Department) published an antidumping [FR Doc. 98–11274 Filed 4–27–98; 8:45 am] of the Rubber Industry duty order on brass sheet and strip from BILLING CODE 3510±DS±P Canada on January 12, 1987 (52 FR Initiation of Antidumping and 1217). On January 5, 1994, the Countervailing Duty Investigations Department published in the Federal The Department has examined the DEPARTMENT OF COMMERCE Register a notice of ‘‘Opportunity to petition on rubber thread from International Trade Administration Request an Administrative Review’’ of Indonesia and has found that it the antidumping duty order on brass complies with the requirements of [A±122±601] sheet and strip from Canada (59 FR sections 702(b) and 732(b) of the Act. 564). On January 21, 1994, a Therefore, in accordance with sections Brass Sheet and Strip From Canada; manufacturer/exporter, Wolverine Tube 702(b) and 732(b), we are initiating Termination of Antidumping Duty (Canada) Inc., (Wolverine) requested an antidumping and countervailing duty Administrative Review administrative review of its exports of investigations to determine whether AGENCY: Import Administration, the subject merchandise to the United manufacturers, producers, or exporters International Trade Administration, States for the period of review (POR) of rubber thread from Indonesia are Department of Commerce. January 1, 1993, through December 31, being, or are likely to be, sold in the ACTION: Notice of termination of 1993. In accordance with 19 CFR United States at less than fair value and antidumping duty administrative 353.22(c), we initiated the review on whether manufacturers, producers or review. February 17, 1994 (59 FR 7979). exporters of rubber thread from Wolverine was the only interested party Indonesia received subsidies. See Tab B SUMMARY: On October 29, 1997, the to request this review. On or about accompanying the AD/CVD Checklist Department of Commerce published in October 17, 1997, Wolverine notified (public version) which is on file in room the Federal Register a notice of the Department by telephone of its 23270 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices intent to request termination of this for litigation and remands has to be claim that the Department is obligated review. The Department then prepared considered a part of the administrative to consider the interests of the domestic a notice of termination for the Federal burden. Thus, the petitioner is incorrect industry is not based on any authority, Register pending receipt of Wolverine’s in claiming that the review was law, or regulation. Wolverine asserts formal written request. This written essentially completed. Notwithstanding that it was the only party to request the request was dated and received by the this fact, the Department does not review and had subsequently requested Department on October 22, 1997. The believe that completion of the 1993 termination. Wolverine states that it is notice of termination was published in review would necessarily delay the the only party affected by termination the Federal Register on October 29, completion of the 1996 review. and that the petitioner has no legal basis 1997 (62 FR 56150). However, due to a However, for the reasons stated above, on which to object to termination. procedural oversight, the signature date we determined that it was not required Finally, Wolverine notes that the of the notice was October 21, 1997, one to complete the 1993 review, and that petitioner was served by hand a copy of day prior to actual receipt of the written doing so would not have any affect on the request for termination on October request for termination. In the interest of our determination with respect to the 22, 1997, but did not object to procedural integrity, the Department 1996 review. termination until after publication of the rescinded its termination of this review Comment 2: 1993 Review Result termination notice in the Federal in order to afford interested parties the Could Affect Outcome of 1996 Review Register, seven days later. opportunity to comment as to whether With Regard to Revocation. The Department Position: The fact that this review should have been petitioner asserts that the final outcome Wolverine was the only party to request terminated. Hussey Copper, Ltd.; The of the 1993 review could affect the the review has not been disputed and it Miller Company; Olin Corporation; Department’s pending determination has been the Department’s practice to Revere Copper Products, Inc.; with respect to revocation in the 1996 routinely terminate reviews at the International Association of Machinists review. The petitioner asserts that request of an interested party when no and Aerospace Workers; International completion of this review is necessary other interested party has requested the Union, Allied Industrial Workers of to support a historical record of review. In this case, Wolverine was the America (AFL–CIO); Mechanics dumping spanning beyond the three only party to request the review and Educational Society of America, and years of zero or de minimis margins on subsequently requested that the review United Steelworkers of America (AFL– which the revocation request is based. be terminated. Although Wolverine’s CIO) (collectively, the petitioner) and The petitioner argues that an analysis of request to terminate this review was the respondent both submitted such an expanded time-frame would submitted after the 90-day time limit for comments and rebuttal comments demonstrate that Wolverine cannot ship termination provided for at section within the time limits specified by the to the U.S. in significant commercial 353.22(a)(5) of our regulations, that Department. quantities without dumping. Wolverine provision also states that the Secretary notes that although the petitioner claims may extend this time limit if the Comments that the 1993 review could affect the Secretary determines it is reasonable to On January 16, 1998, Wolverine and outcome of the 1996 review, the do so. In fact, it may be considered that the petitioner submitted comments Department bases each of its the domestic industry’s interest is being regarding the issue of termination. On determinations on the factual record of served in that upon termination of this January 27, 1998, Wolverine and the the relevant segment of the proceeding. review, liquidation of affected entries petitioner submitted rebuttal comments Department Position: The Department will be at 21.39 percent, the cash with respect to the January 16, 1998, cannot find merit in the petitioner’s deposit rate in effect at the time of entry, comments. The following is a summary assertion, which was not supported by whereas the dumping margin and the Department’s position on each any compelling argument and/or factual preliminarily determined in this review of these comments. information. The petitioner has not was 1.39 percent. Comment 1: 1993 Review Virtually established on the record of this 1993 Comment 4: Department Not Completed, Completion Would Not review the precise manner in which the Obligated to Notify Petitioner of Affect the Timing of the 1996 Review. completed results of this review would Termination. Wolverine notes that the Wolverine claims that completing the potentially have a bearing on the Department was not required by its 1993 review would further delay outcome of the revocation and other regulations to consult with interested completion of the 1996 review. It further issues before the Department with parties or consider comments in its notes that termination would reduce the respect to the 1996 review. Even were decision to terminate the review. Department’s administrative burden. the record of the 1993 review to show Department Position: We agree with The petitioner claims that the 1993 a marked decline in U.S. shipments as Wolverine. The only party to request review was virtually completed and that Wolverine’s dumping margins became this review, Wolverine, subsequently the Department’s resources would not zero or de minimis, this by itself would requested that we terminate this review. be unduly taxed by completing the not necessarily lead the Department to In addition, the petitioner was duly review. The petitioner further notes that determine that these shipments were served with a copy of the respondent’s completing the 1993 review would not not at less than commercial quantities, request to terminate this review on cause additional delays or strain the and would not in itself support denial October 22, 1997, in advance of Department’s resources in completion of of revocation as requested in the 1996 publication of our original termination the 1996 review. review. notice on October 29, 1997. Upon the Department Position: Although the Comment 3: Department Obligated to petitioner’s October 30, 1997, objection review process reached the preliminary Consider Petitioner’s Interests. The to termination, although the Department results stage, many critical steps such as petitioner claims that the Department is was under no legal obligation to do so, arriving at departmental positions and obligated to consider the interests of the in the interest of procedural integrity, drafting a final analysis, remained to be domestic industry, noting that the the Department reopened the record of completed. In addition, as in any primary purpose of the antidumping this review after the original termination review, the potential for allegations of statute is to protect domestic industry. to consider interested party comments clerical errors as well as the potential Wolverine asserts that the petitioner’s regarding termination. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23271

Termination DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE The Department has considered all International Trade Administration International Trade Administration comments submitted by interested parties and has determined that this (A±351±817) [A±357±810] review should be terminated. Because Wolverine was the only party to request Certain Cut-to-length Carbon Steel Oil Country Tubular Goods From this review, and subsequently withdrew Plate From Brazil; Antidumping Duty Argentina; Extension of Time Limit for its request, and because we find that Administrative Review; Extension of Preliminary Results of Antidumping there are no other compelling reasons to Time Limit Duty Administrative Review continue this review, we are terminating AGENCY: Import Administration, this review. AGENCY: Import Administration, International Trade Administration, International Trade Administration, The Department shall instruct the Department of Commerce Customs Service to liquidate all Department of Commerce. ACTION: appropriate entries. Shipments entered, ACTION: Notice of extension of time Extension of time limit for or withdrawn from warehouse, for limit. preliminary results of antidumping duty consumption during the January 1, 1993 administrative review of oil country SUMMARY: The Department of Commerce through December 31, 1993, POR will be tubular goods from Argentina. (the Department) is extending the time liquidated at the cash deposit rate in limit of the preliminary results of the SUMMARY: The Department of Commerce effect at the time of entry. Insofar as the antidumping duty administrative review (‘‘the Department’’) is extending the final results for the more current POR, of Certain Cut-to-length Carbon Steel time limit for the preliminary results of January 1, 1995, through December 31, Plate From Brazil. This review covers the second antidumping duty 1995, were published prior to this the period August 1, 1996 through July administrative review of the termination notice, the cash deposit 31, 1997. antidumping order on oil country instructions contained in the notice EFFECTIVE DATE: April 28, 1998. tubular goods (‘‘OCTG’’) from covering the January 1, 1995 through Argentina. This review covers Siderca December 31, 1995, POR will continue FOR FURTHER INFORMATION CONTACT: S.A.I.C., an Argentine producer and to apply to all shipments to the United Helen Kramer or Linda Ludwig, Office exporter of OCTG, and Siderca States of subject merchandise entered, of AD/CVD Enforcement, Group III, Corporation, a U.S. importer and or withdrawn from warehouse, for Import Administration, International reseller of such merchandise, consumption on or after April 8, 1997 Trade Administration, U.S. Department collectively referred to as ‘‘Siderca.’’ (the date of publication of the final of Commerce, 14th Street and The period of review is August 1, 1996 results of review covering the 1995 Constitution Avenue, NW, Washington, through July 31, 1997. POR). DC 20230; telephone (202) 482–0405 or EFFECTIVE DATE: April 28, 1998. This notice also serves as final 482–3833, respectively. FOR FURTHER INFORMATION CONTACT: reminder to importers of their SUPPLEMENTARY INFORMATION: Due to the responsibility under 19 CFR 353.26 to time required to verify whether Alain Letort or John R. Kugelman, AD/ file a certificate regarding the shipments of merchandise covered by CVD Enforcement Group III ‘‘ Office 8, reimbursement of antidumping duties the antidumping order occurred during Import Administration, International prior to liquidation of the relevant the period of review, it is not practicable Trade Administration, U.S. Department entries during the review period. Failure to complete this review within the of Commerce, 14th Street and to comply with this requirement could original time limit. See Decision Constitution Avenue, N.W., Washington result in the Secretary’s presumption Memorandum from Joseph A. Spetrini, D.C. 20230, telephone (202) 482–4243 or that reimbursement of antidumping Deputy Assistant Secretary, 482–0649, respectively. duties occurred and the subsequent Enforcement Group III, to Robert S. SUPPLEMENTARY INFORMATION: assessment of double antidumping LaRussa, Assistant Secretary for Import Applicable Statute and Regulations duties. Administration, dated April 21,1998. This notice also serves as a reminder Therefore, the Department is extending Unless otherwise indicated, all to parties subject to administrative the time limit for completion of the citations to the Tariff Act of 1930 (‘‘the protective orders (APOs) of thier preliminary results until August 31, Act’’) are references to the provisions responsibility concerning disposition of 1998, in accordance with Section effective January 1, 1995, the effective proprietary information disclosed under 751(a)(3)(A) of the Trade and Tariff Act date of the amendments made to the Act APO in accordance with section of 1930, as amended by the Uruguay by the Uruguay Round Agreements Act. 353.34(d) of the Department’s Round Agreements Act of 1994. The In addition, unless otherwise indicated, regulations. Timely within notification deadline for the final results of this all citations to the Department’s of the return or destruction of APO review will continue to be 120 days regulations are references to the materials is hereby requested. Failure to after publication of the preliminary provisions codified at 19 CFR Part comply with the regulations and terms results. 351.101, et seq. (62 FR 27296—May 19, of an APO is a sanctionable violation. This extension is in accordance with 1997). This notice is published in section 751(a)(3)(A) of the Tariff Act of Extension of Preliminary Results accordance with section 751(a)(1) of the 1930, as amended (19 U.S.C. § 1675 Act and 19 CFR 353.22(a)(5). (a)(3)(A)). The Department initiated this administrative review on September 25, Dated: April 15, 1998. Dated: April 21, 1998. 1997 (62 FR 50292). Under section Maria Harris Tildon, Joseph A. Spetrini, 751(a)(3)(A) of the Act, the Department Acting Deputy Assistant Secretary, Import Deputy Assistant Secretary, Enforcement may extend the deadline for completion Administration. Group III. of an administrative review if it [FR Doc. 98–11277 Filed 4–27–98; 8:45 am] [FR Doc. 98–11276 Filed 4–27–98; 8:45 am] determines that it is not practicable to BILLING CODE 3510±DS±M BILLING CODE 3510±DS±P complete the review within the 23272 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices statutory time limit of 365 days. Because Federal Register on May 19, 1997 (62 7219.90.00.60, 7219.90.00.80, of the complexity and novelty of certain FR 27296). 7220.11.00.00, 7220.20.10.10, issues in this case, it is not practicable 7220.20.10.15, 7220.20.10.60, The Petition to complete this review within the 7220.20.10.80, 7220.20.60.05, statutory time limit of 365 days. The On March 31, 1998, the Department of 7220.20.60.10, 7220.20.60.15, Department, therefore, is extending the Commerce (the Department) received a 7220.20.60.60, 7220.20.60.80, time limit for the preliminary results of petition filed in proper form by or on 7220.90.00.10, 7220.90.00.15, the aforementioned review to August behalf of Armco Inc., J&L Specialty 7220.90.00.60, and 7220.90.00.80. 31, 1998. See memorandum from Joseph Steel, Inc., Lukens Inc., United Steel Although the HTS subheadings are A. Spetrini to Robert S. LaRussa, which Workers of America, AFL–CIO/CLC, provided for convenience and Customs is on file in Room B–099 at the Butler Armco Independent Union, and purposes, the written description of the Department’s headquarters. The Zanesville Armco Independent merchandise under investigation is deadline for the final results of this Organization, Inc. (the petitioners). dispositive. review will continue to be 90 days after Armco Inc., J&L Specialty Steel, Inc., During our review of the petition, we publication of the preliminary results. and Lukens Inc. are U.S. producers of discussed the scope with the petitioners This extension of time limit is in stainless steel plate in coils (plate in to insure that the scope in the petition accordance with section 751(a)(3)(A) of coils). J&L Specialty Steel, Inc. is not a accurately reflects the product for which the Act and section 351.213(h)(2) of the petitioner to the countervailing duty the domestic industry is seeking relief. Department’s regulations. investigation involving Belgium. Moreover, as we discussed in the Supplements to the petition were filed preamble to the new regulations (62 FR Dated: April 22, 1998. on April 14, 15, 16, 17, and 20, 1998. 27323), we are setting aside a period for Joseph A. Spetrini, In accordance with section 702(b)(1) parties to raise issues regarding product Deputy Assistant Secretary AD/CVD of the Act, petitioners allege that coverage. The Department encourages Enforcement Group III. manufacturers, producers, or exporters all parties to submit such comments by [FR Doc. 98–11273 Filed 4–27–98; 8:45 am] of the subject merchandise in Belgium, May 8, 1998. Comments should be BILLING CODE 3510±DS±P Italy, the Republic of Korea (Korea), and addressed to Import Administration’s the Republic of South Africa (South Central Records Unit at Room 1870, U.S. Africa) receive countervailable subsidies Department of Commerce, 14th Street DEPARTMENT OF COMMERCE within the meaning of section 701 of the and Constitution Avenue, NW, Act. Washington, D.C. 20230. The period of International Trade Administration The petitioners state that they have scope consultations is intended to standing to file the petition because they provide the Department with ample [C±423±809, C±475±823, C±580±832, and C± are interested parties, as defined under opportunity to consider all comments 791±806] sections 771(9)(c) and (d) of the Act. and consult with parties prior to the issuance of the preliminary Initiation of Countervailing Duty Scope of the Investigations determinations. Investigations: Stainless Steel Plate in For purposes of these investigations, Coils From Belgium, Italy, the Republic the product covered is certain stainless Consultations of Korea, and the Republic of South steel plate in coils. Stainless steel is an Pursuant to section 702(b)(4)(A)(ii) of Africa alloy steel containing, by weight, 1.2 the Act, the Department invited percent or less of carbon and 10.5 AGENCY: Import Administration, representatives of the relevant foreign International Trade Administration, percent or more of chromium, with or governments for consultations with Department of Commerce. without other elements. The subject respect to the petition filed. On April plate products are flat-rolled products, 15, 1998, the Department held EFFECTIVE DATE: April 28, 1998. 254 mm or over in width and 4.75 mm consultations with representatives of the FOR FURTHER INFORMATION CONTACT: Zak or more in thickness, in coils, and governments of Italy and Belgium, and Smith (Belgium), at (202) 482–1279; annealed or otherwise heat treated and the European Commission (EC). On Cynthia Thirumalai (Italy), at (202) 482– pickled or otherwise descaled. The April 19, 1998, consultations were held 4087; Christopher Cassel (the Republic subject plate may also be further with representatives of the government of Korea), at (202) 482–4847; and Dana processed (e.g., cold-rolled, polished, of South Africa. See the April 20, 1998, Mermelstein (the Republic of South etc.) provided that it maintains the memoranda to the file regarding these Africa), at (202) 482–0984, Import specified dimensions of plate following consultations (public documents on file Administration, U.S. Department of such processing. Excluded from the in the Central Records Unit of the Commerce, Room 1870, 14th Street and scope of this petition are the following: Department of Commerce, Room B– Constitution Avenue, NW, Washington, (1) plate not in coils, (2) plate that is not 099). D.C. 20230. annealed or otherwise heat treated and Determination of Industry Support for INITIATION OF INVESTIGATIONS: pickled or otherwise descaled, (3) sheet and strip, and (4) flat bars. the Petition The Applicable Statute and Regulations The merchandise subject to this Section 702(b)(1) of the Act requires Unless otherwise indicated, all investigation is currently classifiable in that a petition be filed on behalf of the citations to the statute are references to the Harmonized Tariff Schedule of the domestic industry. Section 702(c)(4)(A) the provisions effective January 1, 1995, United States (HTS) at subheadings: of the Act provides that a petition meets the effective date of the amendments 7219.11.00.30, 7219.11.00.60, this requirement if the domestic made to the Tariff Act of 1930 (the Act) 7219.12.00.05, 7219.12.00.20, producers or workers who support the by the Uruguay Round Agreements Act 7219.12.00.25, 7219.12.00.50, petition account for: (1) at least 25 (URAA). In addition, unless otherwise 7219.12.00.55, 7219.12.00.65, percent of the total production of the indicated, all citations to the 7219.12.00.70, 7219.12.00.80, domestic like product; and (2) more Department’s regulations are to the 7219.31.00.10, 7219.90.00.10, than 50 percent of the production of the current regulations published in the 7219.90.00.20, 7219.90.00.25, domestic like product produced by that Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23273 portion of the industry expressing documents on file in the Central regarding the initiation of these support for, or opposition to, the Records Unit of the Department of investigations (public documents on file petition. Commerce, Room B–099). in the Central Records Unit of the Section 771(4)(A) of the Act defines Department of Commerce, Room B– Injury Test the ‘‘industry’’ as the producers of a 099). domestic like product. Thus, to Because Belgium, Italy, Korea, and determine whether the petition has the South Africa are ‘‘Subsidies Agreement A. Belgium requisite industry support, the statute Countries’’ within the meaning of We are including in our investigation directs the Department to look to section 701(b) of the Act, section the following programs alleged in the producers and workers who account for 701(a)(2) applies to these investigations. petition to have provided subsidies to production of the domestic like product. Accordingly, the U.S. International producers and exporters of the subject The International Trade Commission Trade Commission (ITC) must merchandise in Belgium: (ITC), which is responsible for determine whether imports of the 1. 1993 Expansion Grant determining whether ‘‘the domestic subject merchandise from these 2. 1994 Environmental Grant industry’’ has been injured, must also countries materially injure, or threaten 3. ‘‘Investment and Interest’’ Subsidies determine what constitutes a domestic material injury to, a U.S. industry. 4. Funding for Early Retirement like product in order to define the Allegations and Evidence of Material 5. Societe Nationale de Credite a industry. While both the Department Injury and Causation l’Industrie (SNCI) Loans and the ITC must apply the same 6. Belgian Industrial Finance Company The petition alleges that the U.S. statutory definition of domestic like (Belfin) Loans industry producing the domestic like product (section 771(10) of the Act), 7. Societe Nationale pour la product is being materially injured, and they do so for different purposes and Reconstruction des Secteurs is threatened with material injury, by pursuant to separate and distinct Nationaux (SNSN) Advances reason of the individual and cumulated authority. In addition, the Department’s 8. Benefits pursuant to the Economic subsidized imports of the subject determination is subject to limitations of Expansion Law of 1970 (1970 Law) merchandise. The allegations of injury time and information. Although this a. Grants and Interest Rebates and causation are supported by relevant may result in different definitions of the b. Corporate Income Tax Exemption evidence including business proprietary like product, such differences do not c. Accelerated Depreciation data from the petitioning firms and U.S. render the decision of either agency d. Real Estate Tax Exemption contrary to the law.1 Customs import data. The Department e. Capital Registration Tax Exemption Section 771(10) of the Act defines assessed the allegations and supporting f. Government Loan Guarantees domestic like product as ‘‘a product that evidence regarding material injury and g. Employment ‘‘Premiums’ is like, or in the absence of like, most causation, and determined that these 9. Industrial Reconversion Zones similar in characteristics and uses with, allegations are sufficiently supported by (Inclusive of the ‘‘Herstelwet’’ Law) the article subject to an investigation accurate and adequate evidence and 10. Special Depreciation Allowance under this title.’’ Thus, the reference meet the statutory requirements for 11. Preferential Short-Term Export point from which the domestic like initiation. See the April 20, 1998, Credit product analysis begins is ‘‘the article memoranda to the file regarding the 12. Interest Rate Rebates subject to an investigation,’’ i.e., the initiation of these investigations (public 13. Subsidies Provided to Sidmar that class or kind of merchandise to be documents on file in the Central are Attributable to ALZ N.V. (ALZ) investigated, which normally will be the Records Unit of the Department of a. Assumption of Sidmar’s Debt scope as defined in the petition. Commerce, Room B–009). The domestic like product referred to b. SidInvest in the petition is the single domestic Allegations of Subsidies c. Water Purification Grants like product defined in the ‘‘Scope of Section 702(b) of the Act requires the 14. 1984 Debt to Equity Conversion and Investigation’’ section, above. The Department to initiate a countervailing Purchase of ALZ Shares Department has no basis to find the duty proceeding whenever an interested European Commission Programs petition’s definition of the domestic like party files a petition, on behalf of an 1. ECSC Article 54 Loans & Interest product to be inaccurate. The industry, that (1) alleges the elements Rebates Department has, therefore, adopted the necessary for an imposition of a duty 2. ECSC Article 56 Conversion Loans, domestic like product definition set under section 701(a), and (2) is Interest Rebates & Redeployment forth in the petition. For these accompanied by information reasonably Aid investigations, petitioners have available to petitioners supporting the 3. European Social Fund established a level of support for the allegations. 4. European Regional Development petition commensurate with the Initiation of Countervailing Duty Fund statutory requirements. Accordingly, the Investigations 5. Resider II Program Department determines that the petition was filed on behalf of the domestic The Department has examined the We are not including in our industry within the meaning of section petition on plate in coils from Belgium, investigation at this time the following 702(b)(1) of the Act. See the April 20, Italy, Korea, and South Africa and found programs alleged to be benefitting 1998, memoranda to the file regarding that it complies with the requirements producers and exporters of the subject industry support (public versions of the of section 702(b) of the Act. Therefore, merchandise in Belgium: in accordance with section 702(b) of the 1. ‘‘Employment Zone’’ grants and tax 1 See Algoma Steel Corp., Ltd. v. United States, Act, we are initiating countervailing exemptions. Petitioners allege that ALZ 688 F. Supp. 639, 642–44 (CIT 1988); High duty investigations to determine may have received non-recurring grants Information Content Flat Panel Displays and whether manufacturers, producers, or and tax exemptions under this program. Display Glass Therefor from Japan: Final Determination; Rescission of Investigation and exporters of plate in coils from these Several Royal Decrees established Partial Dismissal of Petition, 56 FR 32376, 32380– countries receive subsidies. See the ‘‘employment zones’’ to provide benefits 81 (July 16, 1991). April 20, 1998, memoranda to the file to industries located in certain 23274 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices depressed regions. The evidence 15. Debt Forgiveness: Finsider-to-ILVA described above apply to all benefits. provided by petitioners does not Restructuring Based on the foregoing, we are not indicate that ALZ is eligible to receive 16. Debt Forgiveness: ILVA-to-AST including Law 357/91 benefits in our benefits from this program because it is Restructuring investigation. not located in an employment zone. 17. Law 675/77 2. Law 481/94 Funds for Capacity Therefore, we are not including this a. Mortgage Loans Reduction in the Metals Industry. In program in our investigation. b. Interest Contributions on IRI Loans their submission of April 17, 1998, 2. Genk Plant capital investment by c. Personnel Retraining Aid petitioners withdrew their allegation the Government of Belgium. Petitioners d. VAT Reductions that AST may have benefitted from allege that ALZ received a 18. Law 193/84 assistance under Law 481/94 stating, ‘‘it countervailable benefit from a ‘‘capital a. Interest Payments now appears that AST’s production of injection’’ made by state-owned b. Closure Assistance subject merchandise did not benefit investment companies and a partially c. Early Retirement Benefits from this program.’’ state-owned steel firm. Petitioners allege 19. Law 394/81 Export Marketing 3. Law 223/91 Benefits for Early that the benefit takes the form of either Grants and Loans Retirement. In the Final Affirmative a grant, an equity infusion, or an 20. Equity Infusions from 1978 through Countervailing Duty Determination: interest-free loan under the Industrial 1992 Grain-Oriented Electrical Steel From 21. Uncreditworthiness for 1977 Reconversion Zones mentioned above. Italy, 59 FR 18357 (April 18, 1994), the through 1997 The evidence provided by petitioner Department determined that benefits 22. 22. Law 341/95 and Circolare does not support the allegation that this provided under Law 223/91, were not 50175/95 capital injection was a grant. Moreover, countervailable. Petitioners have not the petitioners have not provided European Commission Programs provided any new information which sufficient information indicating that 1. EU Subsidy to AST to Construct a warrants a reexamination of that any ALZ stock purchased was done so Mill determination. Thus, we are not inconsistent with the usual investment 2. ECSC Article 54 Loans & Interest including this program in our practice of a private investor. To the Rebates investigation. extent that any government assistance 3. ECSC Article 56 Conversion Loans, C. Republic of Korea received may constitute an interest-free Interest Rebates & Redeployment We are including in our investigation loan under the Industrial Reconversion Aid the following programs alleged in the program, we will examine such 4. European Social Fund assistance in the context of investigating 5. European Regional Development petition to have provided subsidies to that program. Fund producers and exporters of the subject merchandise in Korea: B. Italy 6. Resider II Program (and successor programs) 1. Pre-1992 Government of Korea We are including in our investigation We are not including in our Direction of Credit 2. Post-1992 Government of Korea the following programs alleged in the investigation the following programs Direction of Credit petition to have provided subsidies to alleged to be benefitting producers and 3. Tax Incentives for Highly-Advanced producers and exporters of the subject exporters of the subject merchandise in merchandise in Italy: Technology Businesses Italy: 4. Provision of Electricity at Less Than 1. Decree Law 357/91. A translated Government of Italy Programs Adequate Remuneration 1. Law 796/76: Exchange Rate portion of Law 357/91 provided by 5. Reserve for Investment Guarantee Program petitioners states that: [F]unds cannot be 6. Export Facility Loans 2. Benefits Associated with the 1988– granted for investments concerning the 7. Reserve for Export Loss Under the 1990 Restructuring following sections and production Tax Exemption and Reduction 3. Pre-Privatization Employment activities: (A) steel production as cited Control Act (TERCL) Benefits in Attachment 1 of the ECSC treaty. 8. Reserve for Overseas Market 4. Law 120/89 Recovery Plan for the Petitioners have provided no Development Under the Tax Steel Industry information showing that stainless steel Exemption and Reduction Control 5. Law 181/89 Worker Adjustment/ plate production, or any part of its Act (TERCL) Redevelopment Assistance production process, does not come 9. Unlimited Deduction of Overseas 6. Law 345/92 Benefits for Early under Attachment 1 of the ECSC treaty. Entertainment Expenses Retirement Other sections of Law 357/91 state that 10. Short-Term Export Financing 7. Law 706/85 Grants for Capacity eligible firms must be small-or medium- 11. Korean Export-Import Bank Reduction sized with a maximum number of (EXIMBANK) Loans 8. Law 488/92 Aid to Depressed Areas employees of 250—a number that is far 12. Export Insurance Rates Provided by 9. Law 46/82 Assistance for Capacity less than the 3,600 employees of the the Korean Export Insurance Reduction Italian producer (see p. 5, Exhibit D, Corporation 10. Working Capital Grants to ILVA, April 15, 1998, submission by 13. Excessive Duty Drawback S.p.A. (ILVA) petitioners). In addition, Article 1, par. 14. Kwangyang Bay Project 11. ILVA Restructuring and Liquidation 1 of Law 357/91 states that eligible We are not including in our Grant grants are to cover costs ‘‘as long as investigation the following program 12. 1994 Debt Payment Assistance by these costs are not related to iron and alleged to be benefitting producers and the Instituto per la Riscostruzione steel industries.’’ Contrary to exporters of the subject merchandise in Industriale (IRI) petitioners’ assertions that some benefits Korea: 13. Loan to KAI for purchase of Acciai (e.g., interest subsidies under Article 6) Speciali Terni S.p.A. (AST) may have different eligibility Special Depreciation of Assets 14. Debt Forgiveness: 1981 requirements, information on the record Petitioners allege that this program is Restructuring Plan indicates that the requirements contingent upon exports. In support of Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23275 their allegation, petitioners submitted a that the producers/exporters of the petition, this scheme makes available copy of Pohang Iron & Steel Company’s subject merchandise would be eligible low interest financing to help (POSCO) (a named producer/exporter of for this program. On this basis, we are companies add production capacity that the subject merchandise) 1993 Annual not including this program in our will increase employment Report. Because POSCO’s 1993 Annual investigation. opportunities. Petitioners allege that Report documents a line item for 2. Export marketing allowance. The this program may be contingent upon ‘‘special depreciation of assets,’’ Department examined this program in exportation. The description of this petitioners assert that POSCO may have the 1991 administrative review of the scheme itself does not indicate that this benefitted from this ‘‘export-oriented’’ countervailing duty order on scheme is contingent in any way upon subsidy program. However, the relevant ferrochrome from South Africa (as exportation. In addition, petitioners note in POSCO’s 1993 Annual Report Category D of the Export Incentive have not provided any information states that the special depreciation is for Program). See Ferrochrome from South indicating that this scheme may be ‘‘facilities and equipment which operate Africa; Final Results of Countervailing otherwise limited to a specific longer than a standard eight-hour work Duty Administrative Review, 60 FR 7043 enterprise or industry, or group thereof. day.’’ The note further indicates that the (February 6, 1995); Ferrochrome from On this basis, we are not including this ‘‘special depreciation will no longer be South Africa; Preliminary Results of program in our investigation. allowed for financial reporting Countervailing Duty Administrative 6. Manufacturing development purposes, commencing in 1994.’’ Review, 58 FR 59988 (November 12, program (MDP). According to Therefore, it does not appear that the 1993). In that review, the Department information provided in the petition (an special depreciation is contingent on found that companies could deduct IDC paper titled Measures and Policies exportation. Moreover, petitioners have from taxable income marketing Impacting on South African Industry), not provided any evidence indicating expenses incurred until March 31, 1992, the MDP provides for ‘‘an accelerated POSCO received the special the date the program was terminated. depreciation allowance for the depreciation after 1993. Therefore, we The petition contains no evidence that expansion or establishment of small, are not including this program in our the program has been reinstated and medium and large enterprises * * * on investigation. provides no reason to believe that any plant and equipment brought into use benefits obtained prior to March 31, D. Republic of South Africa between July 1, 1996, and September 30, 1992, could remain outstanding through 1999.’’ The description of the program We are including in our investigation 1997, the period of investigation. On itself does not indicate that the MDP is this basis, we are not including this the following programs alleged in the contingent in any way upon program in our investigation. petition to have provided subsidies to exportation. In addition, petitioners producers and exporters of the subject 3. Export credit insurance. Petitioners have provided information indicating have not provided any information merchandise in South Africa: indicating that this program may be 1. IDC Capital Infusions in Columbus the existence of an insurance program for the coverage of exporters’ risk of otherwise limited to a specific Stainless Steel Co., Ltd. enterprise or industry, or group thereof. 2. Tax Benefits Under Section 37E of the losses resulting from failure to receive payments. The program is administered Thus, we are not including this program Income Tax Act in our investigation. 3. Export Assistance Under the Export by the Credit Guarantee Insurance Corporation of South Africa Limited 7. Reduced rail rates. Petitioners Marketing Assistance and the provided a 1994 Price Waterhouse Export Marketing and Investment (CGIC) on behalf of the Department Trade and Industry (DTI). Petitioners publication entitled Doing Business in Assistance Programs South Africa which indicates that the 4. Regional Industrial Development have not provided any information Railway Administration may, under Program (RIDP) indicating that the CGIC’s premiums are 5. Competitiveness Fund inadequate to cover the long-term certain circumstances, provide reduced 6. Low Interest Rate Finance for the operating costs of the program. rail rates on commodities destined for Promotion of Exports (LIFE) Scheme Therefore, we are not including this overseas. In the 1982 certain steel 7. Low Interest Rate Scheme for the program in our investigation. investigation from South Africa, the Promotion of Exports 4. Multi-shift scheme. According to Department found that countervailable 8. Import Financing through Impofin, IDC and DTI publications provided in benefits due to reduced rail rates to Ltd. the petition, this scheme makes exporters had ceased, effective April 1, We are not including in our available low interest financing to fund 1982. See Final Affirmative investigation the following programs the increase in working capital which Countervailing Duty Determination and alleged to be benefitting producers and becomes necessary as a result of adding Countervailing Duty Orders; Certain exporters of the subject merchandise in a production shift. Petitioners allege Steel Products From South Africa, 47 FR South Africa: that this program may be contingent 39379, 39380 (September 7, 1982). In 1. Export finance guarantee program. upon exportation. However, the the 1993 certain steel investigation from According to a paper provided in the descriptions of the Multi-Shift Scheme South Africa, the Department did not petition, published by the Industrial itself do not indicate that the scheme is initiate an investigation of the rail rates Development Corporation of South contingent in any way upon in South Africa. See Initiation of Africa Ltd. (IDC) and entitled Measures exportation. In addition, petitioners Countervailing Duty Investigation: and Policies Impacting on South have not provided any information Certain Carbon Steel Flat Products From African Industry, this program is indicating that this scheme may be South Africa, 58 FR 32515 (June 10, designed to help small- and medium- otherwise limited to a specific 1993) (1993 Initiation). The information sized businesses which need financial enterprise or industry, or group thereof. examined in that investigation is the assistance to execute export orders. In On this basis, we are not including this same type of information submitted in light of information in the petition program in our investigation. this petition, and petitioners have not indicating that stainless steel producers 5. Low interest rates for the promotion provided any additional information are large enterprises, petitioners have of employment scheme. According to an that would warrant a reconsideration of not provided any information to show IDC publication provided in the the Department’s previous decisions. 23276 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

Thus, we are not including this program Preliminary Determination by the ITC be submitted to the Director, Office of in our investigation. The ITC will determine by May 15, Protected Resources, NMFS, 1315 East- 8. Reduced electricity rates. 1998, whether there is a reasonable West Highway, Room 13705, Silver Petitioners provided a 1994 Price indication that an industry in the Spring, MD 20910. Those individuals Waterhouse publication entitled Doing United States is materially injured, or is requesting a hearing should set forth the Business in South Africa which threatened with material injury, by specific reasons why a hearing on this indicates that companies in energy- reason of imports of stainless steel plate application would be appropriate. intensive industries may negotiate in coils from Belgium, Italy, the Comments may also be submitted by special tariffs with the relevant Republic of Korea, and the Republic of facsimile at (301) 713–0376, provided authority and/or the Electricity Supply South Africa. A negative ITC the facsimile is confirmed by hard copy Commission (ESKOM), a state determination will, for any country, submitted by mail and postmarked no enterprise. In the 1993 investigation of result in the investigation being later than the closing date of the certain steel products from South terminated with respect to that country; comment period. Please note that Africa, petitioners also alleged that steel otherwise, the investigations will comments will not be accepted by e- producers in South Africa may benefit proceed according to statutory and mail or by other electronic media. from special electricity rates that can be regulatory time limits. FOR FURTHER INFORMATION CONTACT: negotiated with ESKOM, but the This notice is published pursuant to Department did not initiate an section 777(i) of the Act. Jeannie Drevenak, (301) 713–2289. investigation of electricity rates. See Dated: April 20, 1998. SUPPLEMENTARY INFORMATION: The 1993 Initiation, 58 FR 32515. The Robert S. LaRussa, subject permit is requested under the statement from in Price Waterhouse Assistant Secretary for Import authority of the Marine Mammal publication contains no new Administration. Protection Act of 1972, as amended (16 information or evidence of changed [FR Doc. 98–11275 Filed 4–27–98; 8:45 am] U.S.C. 1361 et seq.), the Regulations circumstances which would warrant a Governing the Taking and Importing of BILLING CODE 3510±DS±P reexamination of electricity rates in Marine Mammals (50 CFR part 216), the South Africa. Thus, we are not Endangered Species Act of 1973, as including this program in our DEPARTMENT OF COMMERCE amended (16 U.S.C. 1531 et seq.), and investigation. the regulations governing the taking, 9. World-Player Scheme. According to National Oceanic and Atmospheric importing, and exporting of endangered IDC publications provided in the Administration fish and wildlife (50 CFR 222.23). petition, this scheme makes low-interest [I.D. 042098B] The application is for the permanent financing available to manufacturers for transfer of five (5) currently captive, the acquisition of fixed assets Marine Mammals; Scientific Research unreleasable adult Hawaiian monk seals (machinery and equipment) in order to Permit (PHF# 898±1451) to Sea Life Park Hawaii for research and improve their competitiveness following enhancement purposes. The primary changes in the tariff protection policy. AGENCY: National Marine Fisheries objective of the proposed activity is to The description of the World-Player Service (NMFS), National Oceanic and make the seals available for scientific Scheme itself does not indicate that the Atmospheric Administration (NOAA), research on an opportunistic basis in scheme is designed to promote exports; Commerce. order to benefit the wild population of rather, it indicates that its focus is to ACTION: Receipt of application. Hawaiian monk seals. A secondary assist companies competing with objective is to increase public awareness SUMMARY: Notice is hereby given that imports. In addition, although the IDC of the status of the Hawaiian monk seal Attractions Hawaii, P.O. Box 1060, publications indicate that the scheme is through education efforts and by Pacific Davies Center, Honolulu, Hawaii available to manufactures whose total providing an opportunity to observe the 96808, has applied in due form for a nominal import tariff rates have species in captivity. decreased by ten percentage points, permit to take Hawaiian monk seals (Monachus schauinslandi) for purposes In compliance with the National petitioners have not provided Environmental Policy Act of 1969 (42 information indicating that changes in of scientific research and enhancement. DATES: Written comments must be U.S.C. 4321 et seq.),an initial tariffs rates are limited to a specific determination has been made that the enterprise or industry, or group thereof. received on or before May 28, 1998. ADDRESSES: The application and related activity proposed is categorically Distribution of Copies of the Petition documents are available for review excluded from the requirement to upon written request or by appointment prepare an environmental assessment or In accordance with section in the following office(s): environmental impact statement. 702(b)(4)(A)(i) of the Act, copies of the Permits Division, Office of Protected Concurrent with the publication of public version of the petition have been Resources, NMFS, 1315 East-West this notice in the Federal Register, provided to the representatives of Highway, Room 13130, Silver Spring, NMFS is forwarding copies of this Belgium, Italy, Korea, and South Africa. MD 20910 (301) 713–2289; application to the Marine Mammal We will attempt to provide copies of the Regional Administrator, Southwest Commission and its Committee of public version of the petition to all the Region, 501 West Ocean Boulevard, Scientific Advisors. exporters named in the petition, as Suite 4200, Long Beach, CA 90802-4213 Dated: April 22, 1998. provided for under section 351.203(c)(2) (562) 980-4001; and of the Department’s regulations. Protected Species Program Manager, Ann D. Terbush, ITC Notification Pacific Islands Area Office, 2570 Dole Chief, Permits and Documentation Division, Street, Room 106, Honolulu, HI 9682– Office of Protected Resources, National Pursuant to section 702(d) of the Act, 2396 (808) 973–2987. Marine Fisheries Service. we have notified the ITC of these Written data or views, or requests for [FR Doc. 98–11243 Filed 4–27–98; 8:45 am] initiations. a public hearing on this request, should BILLING CODE 3510±22±F Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23277

DEPARTMENT OF DEFENSE DATES: May 28, 1998, 8:30 a.m. to 5 p.m. Relay Service (FIRS) at 1–800–877–8339 and May 29, 1998, 8:30 a.m. to 12 p.m. between 8 a.m. and 8 p.m., Eastern time, Office of the Secretary of Defense ADDRESSES: This meeting will be held in Monday through Friday. the Office of the Secretary of Defense, SUPPLEMENTARY INFORMATION: Section Ballistic Missile Defense Advisory Conference Room (Room 1E801), in the 3506 of the Paperwork Reduction Act of Committee Pentagon. 1995 (44 U.S.C. Chapter 35) requires ACTION: Notice of advisory committee FOR FURTHER INFORMATION CONTACT: that the Office of Management and meeting. Ms. Marilee Fitzgerald, Department of Budget (OMB) provide interested Defense Dependents Schools, 4040 Federal agencies and the public an early SUMMARY: The Ballistic Missile Defense North Fairfax Drive, Arlington, Virginia, opportunity to comment on information (BMD) Advisory Committee will meet in 22203–1635. Ms. Fitzgerald can be collection requests. OMB may amend or closed session at MacDill Air Force reached at 703–696–3866, extension waive the requirement for public Base, Tampa, Florida, on May 12–13, 2800. consultation to the extent that public participation in the approval process 1998. SUPPLEMENTARY INFORMATION: The The mission of the BMD Advisory Advisory Council on Dependents’ would defeat the purpose of the Committee is to advise the Secretary of Education is established under Title information collection, violate State or Defense and Deputy Secretary of XIV, section 1411, of Public Law 95– Federal law, or substantially interfere Defense, through the Under Secretary of 561, Defense Dependents’ Education Act with any agency’s ability to perform its Defense (Acquisition and Technology), of 1978, as amended (20 U.S.C. section statutory obligations. The Acting Deputy on all matters relating to BMD 929). The purpose of the Council is to Chief Information Officer, Office of the acquisition, system development, and recommend to the Director, DoDDS, Chief Information Officer, publishes this technology. general policies for the operation of the notice containing proposed information In accordance with Section 10(d) of DoDDS; to provide the Director, DoDDS, collection requests prior to submission the Federal Advisory Committee Act, with information about effective of these requests to OMB. Each Pub. L. 92–463, as amended by 5 U.S.C., educational programs and practices that proposed information collection, Appendix II, it is hereby determined should be considered by DoDDS; and to grouped by office, contains the that this BMD Advisory Committee perform other tasks as may be required following: (1) Type of review requested, meeting concerns matters listed in 5 by the Secretary of Defense. e.g., new, revision, extension, existing U.S.C. 552b(c)(1), and that accordingly or reinstatement; (2) Title; (3) Summary Dated: April 22, 1998. this meeting will be closed to the of the collection; (4) Description of the public. L.M. Bynum, need for, and proposed use of, the Alternate OSD Federal Register, Liaison information; (5) Respondents and Dated: April 22, 1998. Officer Department of Defense. frequency of collection; and (6) Linda M. Bynum, [FR Doc. 98–11156 Filed 4–27–98; 8:45 am] Reporting and/or Recordkeeping OSD Federal Register Liaison Officer, BILLING CODE 5000±04±M burden. OMB invites public comment at Department of Defense. the address specified above. Copies of [FR Doc. 98–11155 Filed 4–27–98; 8:45 am] the requests are available from Patrick J. BILLING CODE 5000±04±M DEPARTMENT OF EDUCATION Sherrill at the address specified above. The Department of Education is Notice of Proposed Information especially interested in public comment DEPARTMENT OF DEFENSE Collection Requests addressing the following issues: (1) Is this collection necessary to the proper Office of the Secretary AGENCY: Department of Education. functions of the Department, (2) will ACTION: Proposed collection; comment Meeting of the Advisory Council on this information be processed and used request. Dependent's Education in a timely manner, (3) is the estimate of burden accurate, (4) how might the SUMMARY: The Acting Deputy Chief AGENCY: Department of Defense, Department enhance the quality, utility, Information Officer, Office of the Chief Department of Defense Dependents and clarity of the information to be Information Officer, invites comments Schools (DoDDS). collected, and (5) how might the on the proposed information collection Department minimize the burden of this ACTION: Notice of meeting. requests as required by the Paperwork collection on the respondents, including Reduction Act of 1995. SUMMARY: Notice is hereby given of a through the use of information forthcoming semiannual public meeting DATES: Interested persons are invited to technology. of the Advisory Council on Dependents’ submit comments on or before June 29, 1998. Dated: April 22, 1998. Education (ACDE). The purpose of this Hazel Fiers, meeting is to obtain advice about ADDRESSES: Written comments and requests for copies of the proposed Acting Deputy Chief Information Officer, DoDDS education programs, including Office of the Chief Information Officer. the technology program and application information collection requests should of the Department of Defense Education be addressed to Patrick J. Sherrill, Office of Educational Research and Activity initiative, ‘‘Framework for Department of Education, 600 Improvement Excellence.’’ The ‘‘Framework for Independence Avenue, S.W., Room Type of Review: New. Excellence’’ is aimed at helping schools 5624, Regional Office Building 3, Title: 1999 National Household that are farthest from meeting the Washington, DC 20202–4651. Education Survey (NHES:99). DoDDS performance standards and FOR FURTHER INFORMATION CONTACT: Frequency: Annually. benchmarks. These standards and Patrick J. Sherrill (202) 708–8196. Affected Public: Individuals or benchmarks indicate how well students Individuals who use a households. are mastering the knowledge and skills telecommunications device for the deaf Reporting Burden and Recordkeeping: expected of them. (TDD) may call the Federal Information Responses: 107,155. 23278 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

Burden Hours: 15,826. DEPARTMENT OF ENERGY Procedural Matters Abstract: The NHES:99 will be a [Docket No. EA±180] Any persons desiring to become a telephone survey of households party to this proceeding or to be heard remeasuring key indicators from past Application To Export Electric Energy; by filing comments or protests to this NHES surveys related to such topics as Virginia Electric and Power Company application should file a petition to Early Childhood Care and Program intervene, comment or protest at the AGENCY: Participation, Parent/Family Office of Fossil Energy, DOE. address provided above in accordance Involvement in Education, Youth Civic ACTION: Notice of application. with §§ 385.211 or 385.214 of the Involvement, and Adult Education. Federal Energy Regulatory Respondents will be parents of children SUMMARY: Virginia Electric and Power Company (Virginia Power), an investor- Commission’s Rules of Practice and from birth through 12th grade, youth Procedures (18 CFR 385.211, 385.214). enrolled in grades 6 through 12, and owned public utility, has submitted an application for authorization to export Fifteen copies of such petitions, adults age 16 and older and not enrolled comments and protests should be filed in grade 12 or below. The collection will electric energy to Canada pursuant to section 202(e) of the Federal Power Act. with the DOE on or before the date provide information on the National listed above. Additional copies are to be DATES: Comments, protests or requests Household Education Goals which filed directly with Michael C. to intervene must be submitted on or pertain to school readiness (Goal 1), Regulinski, Esq., Virginia Electric and before May 28, 1998. student achievement and citizenship Power Company, One James River Plaza, (Goal 3), adult literacy and lifelong ADDRESSES: Comments, protests or 701 East Carey Street, Richmond, VA learning (Goal 6), and parental requests to intervene should be 23219 and James H. McGrew, Esq., participation (Goal 8), and the U.S. addressed as follows: Office of Coal & Bruder, Gentile & Marcoux, L.L.P., 1100 Department of Education’s Strategic Power Im/Ex (FE–27), Office of Fossil New York Avenue, NW, Suite 510 East, Plan of 1998–2000. Energy, U.S. Department of Energy, Washington, DC 20005–3934. Office of Special Education and 1000 Independence Avenue, SW, A final decision will be made on this Rehabilitative Services Washington, DC 20585–0350 (FAX 202– application after the environmental 287–5736). impacts have been evaluated pursuant Type of Review: Reinstatement. FOR FURTHER INFORMATION CONTACT: to the National Environmental Policy Title: Case Service Report. Ellen Russell (Program Office) 202–586– Frequency: Annually. Act of 1969, and a determination is Affected Public: State, local or Tribal 9624 or Michael Skinker (Program made by the DOE that the proposed Gov’t, SEAs or LEAs. Attorney) 202–586–6667. action will not adversely impact on the Annual Reporting and Recordkeeping SUPPLEMENTARY INFORMATION: Exports of reliability of the U.S. electric power Hour Burden: electricity from the United States to a supply system. Responses: 82. foreign country are regulated and Copies of this application will be Burden Hours: 4,346. require authorization under section made available, upon request, for public Abstract: As required by Section 13 of 202(e) of the Federal Power Act (FPA) inspection and copying at the address the Rehabilitation Act, the data are (16 U.S.C. 824a(e)). provided above. submitted by State vocational On April 9, 1998, Virginia Power Issued in Washington, DC on April 22, rehabilitation agencies each year. The applied to the Office of Fossil Energy 1998. data contain personal and program- (FE) of the Department of Energy (DOE) Anthony J. Como, related characteristics, including for authorization to export electric Manager, Electric Power Regulation, Office economic outcomes of persons with energy to Canada pursuant to section of Coal and Power Im/Ex, Office of Coal and disabilities whose case records are 202(e) of the FPA. Specifically, Virginia Power Systems, Office of Fossil Energy. closed. Power has proposed to transmit to [FR Doc. 98–11214 Filed 4–27–98; 8:45 am] Canada electric energy and/or capacity Office of the Under Secretary BILLING CODE 6450±01±P from its own surplus generation or from Type of Review: New. purchases on the wholesale market. Title: Evaluation of Upward Bound. Virginia Power would arrange for the DEPARTMENT OF ENERGY Frequency: On occasion. exported energy to be transmitted to Affected Public: Individuals or Canada over the international Environmental Management Site- households; Not-for-profit institutions. transmission facilities owned by Basin Specific Advisory Board, Savannah Reporting and Recordkeeping Hour Electric Power Cooperative, Bonneville River Burden: Power Administration, Citizens AGENCY: Department of Energy. Responses: 9,429. Utilities, Detroit Edison Company, ACTION: Notice of open meeting. Burden Hours: 6,825. Eastern Maine Electric Cooperative, Abstract: The Upward Bound program Joint Owners of the Highgate Project, aims to increase the chances that SUMMARY: Pursuant to the provisions of Maine Electric Power Company, Maine disadvantaged youth will enroll and the Federal Advisory Committee Act Public Service Company, Minnesota succeed in college. The Department of (Pub. L. 92–463, 86 Stat. 770) notice is Power and Light Company, Minnkota Education needs this evaluation to hereby given of the following Advisory Power Cooperative, New York Power assess the impact of Upward Bound on Committee meeting: Environmental Authority, Niagara Mohawk Power student outcomes such as college Management Site-Specific Advisory Corporation, Northern States Power, and enrollment, persistence, and Board (EM SSAB), Savannah River. Vermont Electric Transmission achievement. Respondents include DATES AND TIMES: Monday, May 18, Company. The construction of each of Upward Bound project directors and a 1998: these transmission facilities, as more longitudinal panel of Upward Bound 2:00 p.m. (Nuclear Materials fully described in the application, has students. Management Subcommittee) previously been authorized by a 4:30 p.m. (Executive Committee— [FR Doc. 98–11181 Filed 4–27–98; 8:45 am] Presidential permit issued pursuant to tentative) BILLING CODE 4000±01±U Executive Order 10485, as amended. 6:30 p.m.–7:00 p.m. (Public Comment Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23279

Session) If necessary, time will be allotted after ADDRESSES: Tower Inn, 1515 George 7:00 p.m.–9:00 p.m. (Individual public comments for items added to the Washington Way, Richland, Subcommittee Meetings) agenda, and administrative details. A Washington, 1–800–635–3980. Tuesday, May 19, 1998: 8:30 a.m.–4:00 final agenda will be available at the FOR FURTHER INFORMATION CONTACT: Gail p.m. meeting Monday, May 18, 1998. McClure, Public Involvement Program ADDRESSES: All meetings will be held at: Public Participation Manager, Department of Energy Savannah DeSoto Hilton, 15 East Liberty Richland Operations Office, P.O. Box Street, Savannah, Georgia 31401. The meeting is open to the public. 550 (A7–75), Richland, WA, 99352; Ph: FOR FURTHER INFORMATION CONTACT: Written statements may be filed with (509) 373–5647; Fax: (509) 376–1563. Gerri Flemming, Public Accountability the Committee either before or after the SUPPLEMENTARY INFORMATION: Specialist, Environmental Restoration meeting. Individuals who wish to make and Solid Waste Division, Department oral statements pertaining to agenda Purpose of the Board of Energy Savannah River Operations items should contact Gerri Flemming’s The purpose of the Board is to make Office, P.O. Box A, Aiken, S.C. 29802 office at the address or telephone recommendations to DOE and its (803) 725–5374. number listed above. Requests must be regulators in the areas of environmental SUPPLEMENTARY INFORMATION: received 5 days prior to the meeting and restoration, waste management, and reasonable provision will be made to related activities. Purpose of the Board include the presentation in the agenda. The purpose of the Board is to make The Designated Federal Officer is Tentative Agenda recommendations to DOE and its empowered to conduct the meeting in a The Board will receive information on regulators in the areas of environmental fashion that will facilitate the orderly and discuss issues related to Tank restoration, waste management and conduct of business. Each individual Waste Remediation System (TWRS) related activities. wishing to make public comment will Program Draft Recovery Plan for Interim be provided a maximum of 5 minutes to Stabilization and Readiness to Proceed Tentative Agenda present their comments. for TWRS Privatization; Intersite Monday, May 18, 1998 Minutes Discussion Workshops; Paths to Closure 2:00 p.m. Nuclear materials Strategy; and Spent Fuel Cost, Schedule management subcommittee The minutes of this meeting will be and Management Issues. The Board will 4:30 p.m. Executive committee meeting available for public review and copying also receive updates on TWRS 6:30 p.m. Public comment session (5- at the Freedom of Information Public Privatization, the Draft FY 2000 minute rule) Reading Room, 1E–190, Forrestal Integrated Priority List, and the FY 1999 7:00 p.m. Issues-based subcommittee Building, 1000 Independence Avenue, Budget. SW, Washington, DC 20585 between meetings Public Participation 9:00 p.m. Adjourn 9:00 a.m. and 4 p.m., Monday–Friday except Federal holidays. Minutes will The meeting is open to the public. Tuesday, May 19, 1998 also be available by writing to Gerri Written statements may be filed with 8:30 a.m. Flemming, Department of Energy the Committee either before or after the Approval of minutes, agency updates Savannah River Operations Office, P.O. meeting. Individuals who wish to make (∼15 minutes) Box A, Aiken, S.C. 29802, or by calling oral statements pertaining to agenda Public comment session (5-minute her at (803) 725–5374. items should contact Gail McClure’s rule) (∼10 minutes) Issued at Washington, DC on April 22, office at the address or telephone Nuclear materials management 1998 number listed above. Requests must be subcommittee (∼2 hours) Rachel Samuel, received 5 days prior to the meeting and reasonable provision will be made to —Update on processing needs Deputy Advisory Committee Management assessment Officer. include the presentation in the agenda. The Designated Federal Official is —Nuclear material management [FR Doc. 98–11215 Filed 4–27–98; 8:45 am] empowered to conduct the meeting in a integration plan BILLING CODE 6450±01±P —Results of National Academy of fashion that will facilitate the orderly Sciences study on HEU Fuel conduct of business. Each individual Proposal to amend bylaws (∼15 DEPARTMENT OF ENERGY wishing to make public comment will minutes) be provided a maximum of 5 minutes to Risk management & future use Environmental Management Site- present their comments near the subcommittee report (∼1 hour) Specific Advisory Board, Hanford Site beginning of the meeting. 12:00 p.m. Minutes Lunch AGENCY: Department of Energy. Public comment session (5-minute The minutes of this meeting will be ACTION: Notice of open meeting. rule) (∼10 minutes) available for public review and copying DOE national transportation program at the Freedom of Information Public SUMMARY: ∼ Pursuant to the provisions of Reading Room, 1E–190, Forrestal ( 45 minutes) the Federal Advisory Committee Act Environmental remediation and waste Building, 1000 Independence Avenue, (Pub. L. 92–463, 86 Stat. 770) notice is management subcommittee report SW, Washington, DC 20585 between hereby given of the following Advisory (∼1 hour 30 minutes) 9:00 a.m. and 4 p.m., Monday–Friday, Committee meeting: Environmental Intersite workshop discussions (∼15 except Federal holidays. Minutes will Management Site-Specific Advisory minutes) also be available by writing to Gail Board (EM SSAB), Hanford Site Public comment session (5-minute McClure, Department of Energy rule) (∼10 minutes) DATES: Thursday, June 4, 1998: 9:00 Richland Operations Office, P.O. Box 4:00 p.m. a.m.–5:00 p.m.; Friday, June 5, 1998: 550, Richland, WA 99352, or by calling Adjourn 8:30 a.m.—4:30 p.m. him at (509) 376–9628. 23280 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

Issued at Washington, DC on April 22, on Technical Issues in be found at the Secretary of Energy 1998. Transmission Reliability— Advisory Board’s web site, located at Rachel Samuel, Facilitated by Philip Sharp http://www.hr.doe.gov/seab. Deputy Advisory Committee Management 10:00–10:30 AM Working Session: Issued at Washington, D.C., on April 23, Officer. Discussion of International Lessons 1998. [FR Doc. 98–11216 Filed 4–27–98; 8:45 am] Learned—Facilitated by Matthew Rachel M. Samuel, BILLING CODE 6450±01±P Holden 10:30–10:45 AM Break Deputy Advisory Committee Management Officer. 10:45–11:45 AM Working Session: [FR Doc. 98–11217 Filed 4–27–98; 8:45 am] DEPARTMENT OF ENERGY Discussion of a Draft Position Paper on State/Regional Reliability BILLING CODE 6450±01±P Secretary of Energy Advisory Board; Issues—Facilitated by Ralph Notice of Open Meeting Cavanagh 11:45–12:00 PM Working Session: DEPARTMENT OF ENERGY AGENCY: Department of Energy. Planning for the Final Report— SUMMARY: Consistent with the Federal Energy Regulatory Facilitated by Philip Sharp Commission provisions of the Federal Advisory 12:00–1:00 PM Lunch Committee Act (Pub. L. 92–463, 86 Stat. 1:00–2:15 PM Working Session: [Docket No. CP98±353±000] 770), notice is hereby given of the Discussion of a Draft Position Paper following advisory committee meeting: on Incentives for Transmission Columbia Gas Transmission Name: Secretary of Energy Advisory Enhancement—Facilitated by Susan Corporation; Notice of Request Under Board—Electric System Reliability Task Tierney Blanket Authorization Force. 2:15–3:30 PM Working Session: April 22, 1998. DATES AND TIMES: Tuesday, May 12, Discussion of Draft Position Paper 1998, 8:30 AM–4:00 PM. on Ancillary Services and Bulk- Take notice that on April 15, 1998, Columbia Gas Transmission Corporation ADDRESSES: The Madison Hotel, Dolley Power Reliability—Facilitated by Philip Sharp (Columbia), 1700 MacCorkle Avenue Madison Ballroom, 15th and M Street, S.E., Charleston, West Virginia 25314– NW, Washington, D.C. 20005. 3:30–4:00 PM Public Comment Period 4:00 PM Adjourn 1599, filed in Docket No. CP98–353–000 FOR FURTHER INFORMATION CONTACT: This tentative agenda is subject to a request pursuant to Sections 157.205 Richard C. Burrow, Secretary of Energy and 157.211 of the Commission’s Advisory Board (AB–1), U.S. change. The final agenda will be available at the meeting. Regulations under the Natural Gas Act Department of Energy, 1000 (18 CFR 157.205, 157.211) for Independence Avenue, SW, Public Participation authorization to construct and operate a Washington, D.C. 20585, (202) 586–1709 The Chairman of the Task Force is new delivery point in Maryland, under or (202) 586–6279 (fax). empowered to conduct the meeting in a Columbia’s blanket certificate issued in SUPPLEMENTARY INFORMATION: fashion that will, in the Chairman’s Docket No. CP83–76–000 pursuant to Background judgment, facilitate the orderly conduct Section 7 of the Natural Gas Act, all as of business. During its meeting in more fully set forth in the request that The electric power industry is in the Washington, D.C., the Task Force is on file with the Commission and open midst of a complex transition to welcomes public comment. Members of to public inspection. competition, which will induce many the public will be heard in the order in Columbia proposes to construct and far-reaching changes in the structure of which they sign up at the beginning of operate a new point of delivery to the industry and the institutions which the meeting. The Task Force will make Washington Gas Light Company (WGL) regulate it. This transition raises many every effort to hear the views of all on Columbia’s pipeline number WG in reliability issues, as new entities emerge interested parties. Written comments Poolesville Township, Montgomery in the power markets and as generation may be submitted to Skila Harris, County, Maryland. The interconnecting becomes less integrated with Executive Director, Secretary of Energy facilities will consist of installing a 4- transmission. Advisory Board, AB–1, U.S. Department inch tap, 3-inch meter, electronic Purpose of the Task Force of Energy, 1000 Independence Avenue, measurement and approximately 250 SW, Washington, D.C. 20585. This feet of 4-inch pipeline. Transportation The purpose of the Electric System notice is being published less than 15 service will be firm service provided Reliability Task Force is to provide days before the date of the meeting due under Columbia’s Rate Schedule Storage advice and recommendations to the to programmatic issues that had to be Service Transportation (SST). The Secretary of Energy Advisory Board resolved prior to publication. estimated natural gas quantities to be regarding the critical institutional, delivered is 3,500 Dth/day and technical, and policy issues that need to Minutes 1,277,500 Dth/annually. Columbia states be addressed in order to maintain the Minutes and a transcript of the that the point of delivery has been reliability of the nation’s bulk electric meeting will be available for public requested by WGL to serve both system in the context of a more review and copying approximately 30 residential and commercial customers. competitive industry. days following the meeting at the WGL has not requested an increase in Tentative Agenda Freedom of Information Public Reading its firm entitlement in conjunction with Room, 1E–190 Forrestal Building, 1000 this request. The estimated cost is Tuesday, May 12, 1998 Independence Avenue, SW, $176,074 which includes ‘‘gross up’’ for 8:30–8:45 AM Opening Remarks & Washington, D.C., between 9:00 AM and income tax purposes and WGL will Objectives—Philip Sharp, ESR Task 4:00 PM, Monday through Friday except reimburse Columbia 100% of the actual Force Chairman Federal holidays. Information on the total cost of construction. 8:45–10:00 AM Working Session: Electric System Reliability Task Force Columbia states that the new point of Discussion of Draft Position Paper and the Task Force’s interim report may delivery will have no effect on its peak Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23281 day and annual deliveries, that its El Paso states that Mexicano de Cobre, Under the procedure herein provided existing tariff does not prohibit the S.A. de C.V. (Mexcobre) is a corporation for, unless otherwise advised, it will be addition of new delivery points, and organized under the laws of Mexico that unnecessary for El Paso to appear or be that deliveries will be accomplished currently operates a copper mine in represented at the hearing. without detriment or disadvantage to its Nacozari, Sonora, Mexico, located Linwood A. Watson, Jr., other customers and that the total approximately 65 miles south of the Acting Secretary. volumes delivered will not exceed total town of Douglas, Cochise County, [FR Doc. 98–11176 Filed 4–27–98; 8:45 am] volumes authorized prior to this Arizona, and the International Boundary BILLING CODE 6717±01±M request. between the United States and Mexico. Any person or the Commission’s staff Mexcobre has been using high sulfur may, within 45 days after issuance of residual oil as fuel for its mining of DEPARTMENT OF ENERGY the instant notice by the Commission, copper. Mexcobre now desires to use file pursuant to Rule 214 of the clean burning natural gas as a fuel for Federal Energy Regulatory Commission’s Procedural Rules (18 CFR its mining process. Commission El Paso further states that in support 385.214) a motion to intervene or notice [Docket Nos. SA98±71±001 and SA98±71± of intervention and pursuant to Section of Mexcobre’s decision to use natural 002] 157.205 of the Regulations under the gas as fuel for its mining operations, Natural Gas Act (18 CFR 157.205) a Mexcobre has requested that El Paso Graham-Michaelis Corporation; Notice protest to the request. If no protest is provide transportation service for of Amendment To Petition for filed within the time allowed therefor, Mexcobre. In order for El Paso to Adjustment and Request for Extension the proposed activity shall be deemed to provide the requested transportation of Time be authorized effective the day after the service to Mexcobre, it will be necessary time allowed for filing a protest. If a that certain additional facilities be April 22, 1998. protest is filed and not withdrawn constructed for the delivery of natural Take notice that on March 26, 1998, within 30 days after the time allowed gas. El Paso and Mexcobre have entered Graham-Michaelis Corporation (GMC), filed a second supplement amending its for filing a protest, the instant request into a Transportation Service Agreement March 10, 1998, petition for adjustment, shall be treated as an application for dated March 17, 1998. pursuant to Section 502(c) of the authorization pursuant to Section 7 of Any person desiring to be heard or to Natural Gas Policy Act of 1978 (NGPA), the Natural Gas Act. make any protest with reference to said application should on or before May 13, regarding its Kansas ad valorem refund David P. Boergers, 1998, file with the Federal Energy liability and the refund liability of the Acting Secretary. Regulatory Commission, 888 First working interest owners for whom GMC [FR Doc. 98–11175 Filed 4–27–98; 8:45 am] Street, N.E., Washington, D.C. 20426, a operated.1 On September 10, 1997, the BILLING CODE 6717±01±M motion to intervene or a protest in Commission issued an order in Docket accordance with the requirements of the No. RP97–369–000, et al.,2 order on Commission’s Rules of Practice and remand from the D.C. Circuit Court of DEPARTMENT OF ENERGY Procedure (18 CFR 385.214 and 385.211 Appeals,3 directing first sellers to make and the Regulations under the Natural Kansas ad valorem tax refunds, with Federal Energy Regulatory Gas Act (18 CFR 157.10. All protests interest, for the period from 1983 to Commission filed with the Commission will be 1988. GMC’s March 10 petition, as [Docket No. CP98±357±000] considered by it in determining the amended, is on file with the appropriate action to be taken but will Commission and open to public El Paso Natural Gas Company; Notice not serve to make the protestants parties inspection. of Application to the proceeding. Any person wishing The March 10 petition pertains to to become a party to a proceeding or to Kansas ad valorem tax refund claims April 22, 1998. participate as a party in any hearing submitted to GMC by Colorado Take notice that on April 16, 1998, El therein must file a motion to intervene Interstate Gas Company (CIG), for GMC Paso Natural Gas Company (El Paso), in accordance with the Commission’s and the working interest owners for P.O. Box 1492, El Paso, Texas 79978, Rules. whom GMC operated. GMC’s March 10 filed in Docket No. CP98–357–000, an Take further notice that, pursuant to petition requested that the Commission application pursuant to Section 3 of the the authority contained in and subject to grant a 90-day extension of the Natural Gas Act, Subpart B of Part 153 jurisdiction conferred upon the Federal Commission’s March 9, 1998, refund of the Commission’s Regulations, and Energy Regulatory Commission by deadline, to allow GMC, its working Executive Order Nos. 10485 and 12038. Section 15 of the Natural Gas Act and El Paso seeks a Presidential Permit and the Commission’s Rules of Practice and 1 As set forth in the March 10, petition, GMC’s Section 3 authority to site, construct, Procedure, a hearing will be held working interest owners included: W.A. Michaelis, operate, maintain, and connect the without further notice before the Jr. Revocable Trust; John L. James Revocable Trust; Ross Beach; Dail C. West; Graham Enterprises; proposed pipeline facilities and the Commission or its designee on this William L. Graham Revocable Trust; Betty Harrison place of exit for exporting natural gas at application, if no motion to intervene is Graham Revocable Trust; GrahamCo.; Paul Ward the International Boundary between the filed within the time required herein, if Trust ‘‘B’’; Margaret L. Roberts; David M. Dayvault United States and Mexico in Cochise the Commission on its own review of Revocable Trust; Jack L. Yinger Revocable Trust; K & B Producers, Inc.; William Graham, Inc.; William County, Arizona. On April 6, 1998, in the matter finds that a grant of the Graham, Jr.; Chas. A. Neal & Company; March Oil FE Docket No. 98–26–NG, Mexcobre certificate is required by the public Company; Minatome Corporation; Lake Forest filed with the Department of Energy its convenience and necessity. If a motion Academy; and Melissa S. Elliott Trust. application for blanket authorization to for leave to intervene is timely filed, or 2 See 80 FERC ¶ 61,264 (1997); order denying export natural gas to Mexico, all as more if the Commission on its motion reh’g, 82 FERC ¶ 61,058 (1998). 3 Public Service Company of Colorado v. FERC, fully set forth in the application which believes that a formal hearing is 91 F.3d 1478 (D.C. Cir. 1996), cert. denied, 65 is on file with the Commission and open required, further notice of such hearing U.S.L.W. 3751 and 3754 (May 12, 1997) (Nos. 96– to public inspection. will be duly given. 954 and 96–1230). 23282 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices interest owners and CIG to come to an DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY agreement on the proper amount of refunds due and to submit any Federal Energy Regulatory Federal Energy Regulatory unresolved dispute to the Commission. Commission Commission The March 10 petition also requested [Docket No. RP98±140±000] that the Commission grant an [Docket No. CP98±361±000] adjustment of its refund procedures: Tennessee Gas Pipeline Company; (1) to allow GMC and its working Koch Gateway Pipeline Company; Notice of Technical Conference interest owners a 1-year deferral (until Notice of Request Under Blanket March 9, 1999) on the payment of Authorization April 22, 1998. principal and interest attributable to In the Commission’s order issued on royalties; and April 22, 1998. March 25, 1998, the Commission directed that a technical conference be (2) to allow GMC and its working Take notice that on April 17, 1998, held to address issues raised by the interest owners to escrow refund Koch Gateway Pipeline Company, filing. amounts presently in dispute, and (a) (Koch), P.O. Box 1478, Houston, Texas, Take notice that the technical the principal and interest attributable to 77251–1478, filed under Sections conference will be held on Tuesday, royalty refunds which have not been 157.205 and 157.211(a)(2) of the Mary 5, 1998, at 10:00 a.m., in a room collected, (b) the principal and interest Commission’s Regulations under the to be designated at the offices of the attributable to production prior to Natural Gas Act to construct delivery Federal Energy Regulatory Commission, October 4, 1983, (c) the interest on facilities to serve Savannah Foods’ 888 First Street, N.E., Washington, D.C. royalty amounts that have been Colonial Sugars Processing Plant 20426. recovered from the royalty owners (Colonial), an end user, served under All interested parties and staff are where the principal has been refunded, Koch’s FTS Rate Schedule. This docket permitted to attend. and (d) the interest on all reimbursed which is on file with the Commission David P. Boergers, principal determined to be refundable and open to public inspection. Acting Secretary. as being in excess of maximum lawful Koch proposes to install the new [FR Doc. 98–11173 Filed 4–27–98; 8:45 am] prices, excluding interest retained under (a), (b), and (c) above. delivery point on its transmission line, BILLING CODE 6717±01±M designated as Index 270, in St. James As set forth in the March 10 petition, Parish, Louisiana. These facilities will GMC stated that it prepared schedules satisfy Colonial’s request for gas service. DEPARTMENT OF ENERGY recalculating the aggregate total refund Colonial estimates the maximum peak it believes is owed to CIG ($359,688.28) Federal Energy Regulatory day volumes to be delivered at 8,000 and submitted this information to its Commission MMBtu and average day volumes to be working interest owners. delivered at 6,000 MMBtu. Koch plans [Docket No. RP98±189±000] GMC’s March 13, 1998, first to install a 2-inch tap, a dual 2 and 4- supplement to the March 10 petition inch meter station and 5,300 feet of 4- UtiliCorp United Inc.; Notice of Petition amended the March 10 petition by inch pipeline to connect to Colonial’s for Relief adding: 1) Frances B. Smith Trust; 2) processing plant. The cost of installing North Dakota University; and 3) Fred April 22, 1998. the facilities is $235,000. Koch will and June MacMurray Trust to the list of Take notice that on April 17, 1998, transport the volumes under its blanket working interest owners covered by the pursuant to Order No. 636–C and Rule certificate issued in Docket No. CP88–6– March 10 petition, and by revising 207 of the Rules of Practice and 000. GMC’s aggregate total refund calculation Procedure, UtiliCorp United Inc. from $359,688.28 to $365,973.60. Any person or the Commission’s staff (UtiliCorp), tendered for filing a petition GMC’s March 26, 1998, second may, within 45 days after issuance of for relief to shorten to five years the supplement to the March 10 petition the instant notice by the Commission, terms of its two firm transportation amended the petition by adding Notre file pursuant to Rule 214 of the agreements with Colorado Interstate Gas Dame University to the list of working Commission’s Procedural Rules (18 CFR Company (CIG), that were entered into interest owners covered by the March 10 385.214) a motion to intervene or notice pursuant to the then-effective right-of- petition, and by further revising GMC’s of intervention and pursuant to Section first-refusal (ROFR), procedures under aggregate total refund calculation, from 157.205 of the Regulations under the CIG’s tariff—(1) Rate Schedule TF–1 $365,973.60 to $370,220.01. Natural Gas Act (18 CFR 157.205) a Service Agreement No. 33128, which currently expires on March 31, 2009; Any person desiring to answer GMC’s protest to the request. If no protest is and (2) Rate Schedule TF–1 Service March 13 and March 26 amendments filed within the time allowed therefore, Agreement No. 33079, which currently should file such answer with the the proposed activity shall be deemed to expires on March 31, 2012. Federal Energy Regulatory Commission, be authorized effective the day after the time allowed for filing a protest. If a UtiliCorp requests that the 888 First Street, N.E., Washington, D.C. Commission order the shortening of the 20426, on or before 15 days after the protest is filed and not withdrawn within 30 days after the time allowed terms of Agreements No. 33079 and date of publication of this notice in the 33128 to five years because, in Federal Register, in accordance with the for filling a protest, the instant request shall be treated as an application for accordance with Order No. 636–C, Commission’s Rules of Practice and UtiliCorp agreed to the current terms Procedure (18 CFR 385.213, 385.215, authorization pursuant to Section 7 of the Natural Gas Act. exclusively because of the twenty-year 385.1101, and 385.1106). cap under CIG’s then-effective tariff. David P. Boergers, David P. Boergers, UtiliCorp states that had it not had to Acting Secretary. Acting Secretary. match a competing third party bid— [FR Doc. 98–11171 Filed 4–27–98; 8:45 am] [FR Doc. 98–11174 Filed 4–27–98; 8:45 am] which under CIG’s then-effective tariff BILLING CODE 6717±01±M BILLING CODE 6717±01±M could be for as long as twenty years for Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23283 purposes of the evaluation of the bids— infrastructure problems along the community, tribal and indigenous UtiliCorp would have entered into, at southwest border. The Board meets interests, and grassroots environmental most, a five-year agreement, and absent three times annually. At this meeting, and other non-governmental certain concessions by CIG, UtiliCorp’s the Board will focus primarily on organizations. preferred term was always one year completion of its third annual report. DATES AND OPPORTUNITY TO COMMENT: only. DATES: The Board will meet on May 27 The Committee will meet on April 18, Any person desiring to be heard or to and 28, 1998. On May 27, the Board will 1998 from 9:00 a.m. to 7:00 p.m. and protest this filing should file a motion meet from 8:30 a.m. until 5:30 p.m. On April 19, 1998 from 9:00 a.m. to 3:00 to intervene or a protest with the May 28, the Board will meet from 8:30 p.m. The public comment session will Federal Energy Regulatory Commission, a.m. until 2:30 p.m. be held on April 18 from 5:00 p.m. to 888 First Street, N.E., Washington, D.C. ADDRESSES: The Vancouver Suites 7:00 p.m. 20426, in accordance with Sections Hotel, 1611 Hickory Loop, Las Cruces, Members of the public who wish to 385.214 and 385.211 of the New Mexico 88005. The meeting is make brief oral presentations should Commission’s Rules and Regulations. open to the public, with limited seating contact Lois Williams at 202–260–6891 All such motions or protests must be on a first-come, first-served basis. by May 11, 1998 to reserve time during filed on or before April 29, 1998. FOR FURTHER INFORMATION: the public comment session. Individuals Protests will be considered by the Contact Mr. Robert Hardaker, or groups making presentations will be Commission in determining the Designated Federal Officer, U.S. EPA, limited to a total time of five minutes. appropriate action to be taken, but will Office of Cooperative Environmental Those who have not reserved time in not serve to make protestants parties to Management, telephone 202–260–2477. advance may make comments during the proceedings. Any person wishing to the public comment session as time become a party must file a motion to Dated: April 17, 1998. allows. Robert Hardaker, intervene. Copies of this filing are on ADDRESSES: The Sheraton National file with the Commission and are Designated Federal Officer, Good Neighbor Hotel, Columbia Pike and Washington available for public inspection in the Environmental Board. Boulevard, Arlington, VA 22204. The Public Reference Room. [FR Doc. 98–11263 Filed 4–27–98; 8:45 am] meeting is open to the public. However, David P. Boergers, BILLING CODE 6560±50±M seating will be limited and available on Acting Secretary. a first-come, first-served basis. FOR FURTHER INFORMATION CONTACT: [FR Doc. 98–11172 Filed 4–27–98; 8:45 am] ENVIRONMENTAL PROTECTION Mr. BILLING CODE 6717±01±M AGENCY Gregory Kenyon, Designated Federal Officer, U.S. EPA, Office of Cooperative [FRL±6005±4] Environmental Management, telephone ENVIRONMENTAL PROTECTION 202–260–8169. National Advisory Council for AGENCY Environmental Policy and Technology, Dated: April 20, 1998. [FRL±6005±3] Title VI Implementation Advisory Gregory Kenyon, Committee Designated Federal Officer, NACEPT Title VI Good Neighbor Environmental Board Implementation Advisory Committee. AGENCY: Environmental Protection [FR Doc. 98–11265 Filed 4–27–98; 8:45 am] AGENCY: Environmental Protection Agency (EPA). BILLING CODE 6560±50±P Agency (EPA). ACTION: Notice. ACTION: Notice. SUMMARY: Pursuant to the Federal ENVIRONMENTAL PROTECTION SUMMARY: Pursuant to the Federal Advisory Committee Act (P.L. 92–463), AGENCY Advisory Committee Act (P.L. 92–463), the U.S. Environmental Protection the U.S. Environmental Protection Agency (EPA) now gives notice of a [PB±402404±LA; FRL±5781±5] Agency gives notice of a meeting of the meeting of the Title VI Implementation Lead-Based Paint Activities in Target Good Neighbor Environmental Board. Advisory Committee of the National Housing and Child-Occupied Facilities; The Good Neighbor Environmental Advisory Council for Environmental State of Louisiana's Authorization Board was created by the Enterprise for Policy and Technology (NACEPT). the Americas Initiative Act of 1992. An Title VI of the Civil Rights Act of 1964 Application Executive Order delegates implementing prohibits recipients of federal financial AGENCY: Environmental Protection authority to the Administrator of EPA. assistance from discriminating on the Agency (EPA). The Board is responsible for providing basis of race, color, or national origin in ACTION: Notice; request for comments advice to the President and the Congress their programs or activities. The and opportunity for public hearing. on the need for implementation of purpose of the Title VI Implementation environmental and infrastructure Advisory Committee is to advise the SUMMARY: On March 9, 1998, the State projects within the States contiguous to Administrator and Deputy of Louisiana submitted an application Mexico in order to improve the quality Administrator of EPA on techniques for EPA approval to administer and of life of persons residing on the United that may be used by EPA funding enforce training and certification States side of the border. The Board is recipients to operate environmental requirements, training program required to submit an annual report to permitting programs in compliance with accreditation requirements, and work the President and the Congress. The Title VI. The Title VI Implementation practice standards for lead-based paint statute calls for the Board to have Advisory Committee is one of four activities in target housing and child- representatives from U.S. Government standing committees of NACEPT. occupied facilities under section 402 of agencies; the governments of the States The Committee consists of 23 the Toxic Substances Control Act of Arizona, California, New Mexico and independent representatives drawn (TSCA). This notice announces the Texas; and private organizations with from among state and local receipt of Louisiana’s application, and expertise on environmental and governments, industry, the academic provides a 45–day public comment 23284 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices period and an opportunity to request a activities program (TSCA, Title IV, regulatory framework for this program is public hearing on the application. section 404(a)). contained in Louisiana Administrative Louisiana has provided a certification On August 29, 1996 (61 FR 45777) Code (LAC) 33:Part III. Chapter 28 that its program meets the requirements (FRL–5389–9), EPA promulgated the (Lead-Based Paint Activities) and in for approval of a State program under final TSCA section 402/404 regulations. LAC 33:Part III. Chapter 2 (Lead section 404 of TSCA. Therefore, On August 31, 1998, EPA will institute Program Fees). pursuant to section 404, the program is the Federal program in States or Tribes Title 33, Part III, Chapter 28, Lead- deemed authorized as of the date of that do not have an authorized program. Based Paint Activities--Recognition, submission. If EPA finds that the States and Tribes that choose to apply Accreditation, Licensure, and Standards program does not meet the requirements for program authorization must submit for Conducting Lead-Based Paint for approval of a State program, EPA a complete application to the Activities, requires that all lead-based will disapprove the program, at which appropriate Regional EPA Office for paint activities in target housing (pre- time a notice will be issued in the review. These applications must be 1978 residences) and child-occupied Federal Register and the Federal reviewed by EPA within 180 days of facilities (such as day-care centers) are program will be established in receipt of the complete application. To conducted by appropriately certified Louisiana. receive final program authorization, a contractors. The regulation establishes DATES: The State program became State or Tribe must demonstrate that its requirements for the certification and effective March 9, 1998. Submit program is at least as protective of training of persons who conduct lead- comments on the authorization human health and the environment as based paint activities (lead workers, application on or before June 12, 1998. the Federal program and provides for lead project supervisors, lead Public hearing requests must be adequate enforcement (section 404(b) of inspectors, lead risk assessors, and lead submitted on or before May 12, 1998. TSCA, 15 U.S.C. 2684 et seq., 40 CFR project designers), sets forth 745.324). requirements for individuals who ADDRESSES: Submit all written A State or Tribe may choose to certify provide training and instruction to this comments and/or requests for a public that its lead-based paint activities work force, and requires the licensure of hearing identified by docket number program meets the requirements for EPA lead abatement contractors. The work ‘‘PB-402404-LA’’ (in duplicate) to: approval by submitting a letter signed practice standards contained in the Environmental Protection Agency, by the Governor or Attorney General (or regulation apply to those individuals Region 6, 6PD-T, 1445 Ross Ave., Suite equivalent) that states that the program who perform inspections, lead hazard 1200, Dallas, TX 75202-2733. meets all the requirements set by section screens, risk assessments, and Comments, data, and requests for a 404(b) of TSCA. Upon receipt of a self- abatement projects in target housing and public hearing may also be submitted certification letter, the program is electronically to: deemed authorized until such time as child-occupied facilities. These [email protected]. EPA disapproves the program standards require that the LDEQ be Follow the instructions under Unit IV. application or withdraws the program notified prior to the initiation of an of this document. No Confidential authorization. abatement activity. A ‘‘grandfathering’’ Business Information (CBI) should be This notice announces the receipt of provision is available to individuals submitted through e-mail. Louisiana’s application, and provides a who received EPA-model-curriculum FOR FURTHER INFORMATION CONTACT: 45–day public comment period and an training in lead-based paint activities Jeffrey Robinson, Regional Lead opportunity to request a public hearing between January 1, 1995, and March 20, Coordinator, 1445 Ross Ave., Suite on the application. EPA is requesting 1998. 1200, 6PD-T, Dallas, TX 75202-2733. comments on the application and The LDEQ’s public outreach program Telephone: (214) 665–7577, e-mail whether Louisiana meets the utilizes a multi-agency approach to address: requirements for authorization in 40 heighten public awareness of lead-based [email protected]. CFR 745.324(e). Louisiana has provided paint hazards and to provide SUPPLEMENTARY INFORMATION: a self-certification letter from the compliance assistance to the regulated Governor that its program meets the community. The Lead Program works I. Background requirements for approval of a State with the Louisiana Cooperative On October 28, 1992, the U.S. program under section 404 of TSCA. Extension Service to disseminate Congress passed Pub. L. 102-550 which Therefore, pursuant to section 404, the information to the citizens of Louisiana included the Residential Lead-Based program is deemed authorized as of the on lead in housing issues; with the Paint Hazard Reduction Act of 1992. date of submission. If EPA finds that the Louisiana Department of Health and This Act amended TSCA (15 U.S.C. program does not meet the requirements Hospitals to address environmental lead 2601 et seq.) by adding Title IV--Lead for approval of a State program, EPA contamination affecting those children Exposure Reduction (15 U.S.C. 2681 et will disapprove the program, at which age 6 and under who are found to have seq.). time a notice will be issued in the elevated blood-lead levels; and with the Section 402 of TSCA authorizes and Federal Register and the Federal Louisiana State Licensing Board for directs EPA to promulgate final program will be established in Contractors to ensure that lead regulations governing lead-based paint Louisiana. abatement contractors who seek licenses activities to ensure that individuals in Louisiana meet criteria set by the engaged in such activities are properly II. State Program Description Summary State legislature. LDEQ staff members trained, that training programs are The Louisiana Department of participate in workshops and seminars accredited, and that individuals engaged Environmental Quality (LDEQ) Lead with the regulated community, and in these activities are certified and Program encompasses a two-fold address concerns of homeowners’ follow documented work practice mission--to enforce regulations of lead- associations and nonprofit groups who standards. In lieu of the Federal based paint activities and to provide rehabilitate homes in the community. A program, a State or Tribe may seek education to the public on the hazards multi-media approach, including print, authorization from EPA to administer of lead-based paint, lead-contaminated radio, and TV, is used to inform the and enforce their own lead-based paint soil, and lead-contaminated dust. The public of the hazards associated with Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23285 lead-based paint, lead-contaminated ENVIRONMENTAL PROTECTION 3590, or telephone her at (312) 886– dust, and lead-contaminated soils. AGENCY 3717. Copies of the rules adopted by the [FRL±6004±6] III. Federal Overfiling States, and other related materials TSCA section 404(b) makes it Notice of Proposed Revisions to submitted by the States in support of unlawful for any person to violate, or Approved Programs To Administer the these revisions, are available for review fail, or refuse to comply with any National Pollutant Discharge at: EPA, Region 5, 77 West Jackson Boulevard, 15th Floor, Chicago, Illinois; requirement of an approved State or Elimination System Permitting Illinois Environmental Protection Tribal program. Therefore, EPA reserves Program in Illinois and Minnesota Agency, Library, 1021 North Grand the right to exercise its enforcement Resulting in Part From Adoption of the Avenue East, Springfield, Illinois; authority under TSCA against a Water Quality Guidance for the Great Lakes System Minnesota Pollution Control Agency, violation of, or a failure, or refusal to 520 Lafayette Road North, St. Paul, comply with any requirement of an AGENCY: Environmental Protection Minnesota. To access the docket authorized State or Tribal program. Agency (EPA). material in Chicago, call (312)886–3717 IV. Public Record and Electronic ACTION: Notice. between 8 a.m. and 4:30 p.m. (Central Submissions Daylight Saving Time) (Monday-Friday); SUMMARY: Notice is hereby given that in Illinois, call (217) 782–9691; and in The official record for this action, as the Environmental Protection Agency Minnesota, call (612) 296–7398. (EPA) has received for review and well as the public version, has been SUPPLEMENTARY INFORMATION: On March approval revisions to the National established under docket control 23, 1995, EPA published the Final Pollutant Discharge Elimination System number ‘‘PB–402404–LA.’’ Copies of Water Quality Guidance for the Great (NPDES) programs in Illinois and this notice, the State of Louisiana’s Lakes System (Guidance) pursuant to Minnesota. Most of the proposed authorization application, and all section 118(c)(2) of the Clean Water Act, revisions were adopted to comply with 33 U.S.C. 1268(c)(2). (March 23, 1995, comments received on the application section 118(c) of the Clean Water Act 60 FR 15366). The Guidance, which was are available for inspection in the and 40 CFR 132.4, although in some codified at 40 CFR Part 132, requires the Region 6 office, from 7:30 a.m. to 4 p.m., cases, the State has also proposed Great Lakes States to adopt and submit Monday through Friday, excluding legal revisions that are not related to those to EPA for approval, water quality holidays. The docket is located at EPA required by section 118(c) of the CWA criteria, methodologies, policies and Region 6 Library, Environmental and 40 CFR 132.4. EPA invites public procedures that are consistent with the Protection Agency, 1445 Ross Ave., comment on whether EPA should Guidance. 40 CFR 132.4 & 132.5. EPA is Suite 1200, Dallas, TX. approve these revisions pursuant to 40 required to approve of the State’s CFR 123.62 and 132.5. Electronic comments can be sent submission within 90 days or notify the directly to EPA at: DATES: Comments on whether EPA State that EPA has determined that all [email protected] should approve the revisions to Illinois’ or part of the submission is inconsistent and Minnesota’s NPDES programs must with the Clean Water Act or the be received in writing by May 28, 1998. Electronic comments must be Guidance and identify any necessary ADDRESSES: submitted as an ASCII file avoiding the Written comments on these changes to obtain EPA approval. If the documents may be submitted to Jo Lynn use of special characters and any form State fails to make the necessary Traub, Director, Water Division, Attn: of encryption. Comments and data will changes within 90 days, EPA must GLI Implementation Procedures, U.S. also be accepted on disks in publish a notice in the Federal Register Environmental Protection Agency, 77 WordPerfect in 5.1/6.1 or ASCII file identifying the approved and West Jackson Boulevard, Chicago, disapproved elements of the submission format. All comments and data in Illinois 60604–3590. In the alternative, and a final rule identifying the electronic form must be identified by EPA will accept comments provisions of Part 132 that shall apply the docket control number ‘‘PB– electronically. Comments should be sent for discharges within the State. 402404–LA.’’ Electronic comments on to the following Internet E-mail address: On February 13 and 20, 1998, EPA this document may be filed online at [email protected]. Region 5 received submissions from many Federal Depository Libraries. Electronic comments must be submitted Minnesota and Illinois, respectively. Authority: 15 U.S.C. 2682, 2684. in an ASCII file avoiding the use of The bulk of these submissions consist of special characters and any form of new, revised or existing water quality List of Subjects encryption. EPA will print electronic standards which EPA is reviewing for Environmental protection, Hazardous comments in hard-copy paper form for consistency with the Guidance in the official administrative record. EPA substances, Lead, Reporting and accordance with 40 CFR 131 and 132.5. will attempt to clarify electronic recordkeeping requirements. EPA is not soliciting comment on those comments if there is an apparent error portions of these submissions relating to Dated: April 17, 1998. in transmission. Comments provided the water quality criteria and Robert E. Hanneschlager, electronically will be considered timely methodologies, use designations or Acting Division Director, Multimedia if they are submitted electronically by antidegradation. EPA also is not Planning and Permitting, Region VI. 11:59 p.m. (Central Daylight Saving soliciting comment on the Guidance time) May 28, 1998. itself. [FR Doc. 98–11270 Filed 4–27–98; 8:45 a.m.] FOR FURTHER INFORMATION CONTACT: Instead, EPA is only requesting BILLING CODE 6560±50±F Mery Jackson-Willis, Standards and comment on whether it should approve, Applied Sciences Branch, Water pursuant to 40 CFR 123.62, and Division, U.S. Environmental Protection 132.5(g), those portions of these Agency, Region 5, 77 West Jackson submissions that revise the States’ Boulevard, Chicago, Illinois 60604– approved National Pollutant Discharge 23286 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

Elimination System (NPDES) permitting considered a determination to approve announcing the May 8, 1998, conference program. In most cases these revisions or deny a State NPDES program call meeting of the North American relate to the following provisions of 40 submission to constitute an adjudication Numbering Council (NANC). The CFR part 132, Appendix F: Procedure 3 because an ‘‘approval’’, within the intended effect of this action is to make (‘‘Total Maximum Daily Loads, meaning of the APA, constitutes a the public aware of the NANC’s next Wasteload Allocations for Point ‘‘license’’, which, in turn, is the product meeting and its agenda. Sources, Load Allocations for Nonpoint of an ‘‘adjudication’’. For this reason, FOR FURTHER INFORMATION CONTACT: Sources, Wasteload Allocations in the the statutes and Executive Orders that Jeannie Grimes at (202) 418–2313. The Absence of a TMDL, and Preliminary apply to rulemaking action are not address is: Network Services Division, Wasteload Allocations for Purposes of applicable here. Among these are Common Carrier Bureau, Federal Determining the Need for Water Quality provisions of the Regulatory Flexibility Communications Commission, 2000 M Based Effluent Limits’’); Procedure 4 Act (RFA), 5 U.S.C. 601 et seq. Under Street, NW, Suite 235, Washington, DC (‘‘Additivity’’); Procedure 5 the RFA, whenever a Federal agency 20554. The fax number is: (202) 418– (‘‘Reasonable Potential’’); Procedure 6 proposes or promulgates a rule under 7314. The TTY number is: (202) 418– (Whole Effluent Toxicity’’); Procedure 7 section 553 [of the Administrative 0484. (‘‘Loading Limits’’); Procedure 8: Procedures Act (APA)], after being SUPPLEMENTARY INFORMATION: Released (‘‘Water Quality-based Effluent required by that section or any other law April 23, 1998. Limitations Below the Quantification to publish a general notice of proposed The North American Numbering Level); Procedure 9 (‘‘Compliance rulemaking, the Agency must prepare a Council (NANC), has scheduled a Schedules’’). EPA is not soliciting regulatory flexibility analysis for the meeting to be held by conference call on comment on the States’ adoption of rule, unless the Agency certifies that the May 8, 1998, from 1:00 p.m. until 3:30 requirements pertaining to rule will not have a significant p.m. EST. The conference bridge Implementation Procedures 1 (‘‘Site economic impact on a substantial number is 1–888–582–4100, PIN Specific Modifications’’) or 2 number of small entities. If the Agency 3531542. Due to limited port space, (‘‘Variances’’) because those does not certify the rule, the regulatory NANC members and Commission staff requirements constitute parts of the flexibility analysis must describe and will have first priority on the call. States’ water quality standards, not its assess the impact of a rule on small Members of the public may join the call NPDES program. entities affected by the rule. as remaining port space permits. Under 40 CFR 123.62(b)(2) and Even if the NPDES program This notice of the May 8, 1998, NANC 132.5(e), whenever EPA determines that modification were a rule subject to the conference call meeting is being a proposed revision to a State NPDES RFA, the Agency would certify that published in the Federal Register less program is substantial, EPA must approval of the State’s modified than 15 calendar days prior to the provide notice and allow public program would not have a significant meeting due to NANC’s need to discuss comment on the proposed revisions. economic impact on a substantial and finalize its recommendation and The extent to which the States have number of small entities. EPA’s action report on Local Number Portability modified their NPDES programs to be to approve an NPDES program Administration Wireless Wireline consistent with the Guidance varies modification merely recognizes Integration, before the next scheduled significantly, depending on the extent to revisions to the program which have meeting. This statement complies with which their existing programs already already been enacted as a matter of State the General Services Administration were ‘‘as protective as’’ the law; it would, therefore, impose no Management Regulations implementing implementation procedures in the additional obligations upon those the Federal Advisory Committee Act. Guidance. EPA has not conducted a subject to the State’s program. See 41 CFR § 101–6.1015(b)(2). State-by-State review of the submissions Accordingly, the Regional This meeting is open to the members to ascertain for each State individually Administrator would certify that this of the general public. The FCC will whether their changes constitute program modification, even if a rule, attempt to accommodate as many substantial program modifications. would not have a significant economic participants as possible. Participation However, in light of the fact that the impact on a substantial number of small on the conference call is limited. The States have modified these programs in entities. public may submit written statements to response to the explicit statutory the NANC, which must be received two mandate contained in section 118(c) of Dated: April 15, 1998. business days before the meeting. In the Clean Water Act, EPA believes that Michelle D. Jordan, addition, oral statements at the meeting it is appropriate to consider the NPDES Acting Regional Administrator, Region 5. by parties or entities not represented on component of the States’ submissions to [FR Doc. 98–11258 Filed 4–27–98; 8:45 am] the NANC will be permitted to the be substantial program modifications, BILLING CODE 6560±50±P extent time permits. Such statements and therefore has decided to solicit will be limited to five minutes in length public comment regarding those by any one party or entity, and requests provisions. FEDERAL COMMUNICATIONS to make an oral statement must be Interested persons may request a COMMISSION received two business days before the public hearing regarding whether EPA meeting. Requests to make an oral should approve, pursuant to 40 CFR [CC Docket No. 92±237; DA 98±782] statement or provide written comments 123.62, and 132.5(g), those portions of to the NANC should be sent to Jeannie the States’ submissions that revise the Conference Call Meeting of the North American Numbering Council Grimes at the address under FOR States’ approved NPDES permitting FURTHER INFORMATION CONTACT, stated program. EPA will determine, based AGENCY: Federal Communications above. upon requests received, if there is Commission. Proposed Agenda significant interest to warrant a public ACTION: Notice. hearing. 1. Local Number Portability Based on General Counsel Opinion SUMMARY: On April 23, 1998, the Administration Working Group Report 78–7 (April 18, 1978), EPA has long Commission released a public notice on Wireless Wireline Integration. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23287

2. Other Business. ACTION: Notice. the incident period for this disaster as Federal Communications Commission. February 14, 1998, and continuing. SUMMARY: This notice amends the notice Geraldine A. Matise, of a major disaster for the State of (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Chief, Network Services Division, Common Florida (FEMA–1195–DR), dated Carrier Bureau. for reporting and drawing funds: 83.537, January 6, 1998, and related Community Disaster Loans; 83.538, Cora [FR Doc. 98–11348 Filed 4–27–98; 8:45 am] determinations. Brown Fund Program; 83.539, Crisis BILLING CODE 6712±01±P EFFECTIVE DATE: April 17, 1998. Counseling; 83.540, Disaster Legal Services Program; 83.541, Disaster Unemployment FOR FURTHER INFORMATION CONTACT: Assistance (DUA); 83.542, Fire Suppression Madge Dale, Response and Recovery FEDERAL EMERGENCY Assistance; 83.543, Individual and Family Directorate, Federal Emergency MANAGEMENT AGENCY Grant (IFG) Program; 83.544, Public Management Agency, Washington, DC Assistance Grants; 83.545, Disaster Housing [FEMA±1214±DR] 20472, (202) 646–3260. Program; 83.548, Hazard Mitigation Grant SUPPLEMENTARY INFORMATION: The notice Program.) Alabama; Amendment No. 2 to Notice of a major disaster for the State of Dennis H. Kwiatkowski, of a Major Disaster Declaration Florida, is hereby amended to include Deputy Associate Director, Response and AGENCY: Federal Emergency the following area among those areas Recovery Directorate. Management Agency (FEMA). determined to have been adversely [FR Doc. 98–11218 Filed 4–27–98; 8:45 am] ACTION: Notice. affected by the catastrophe declared a BILLING CODE 6718±02±P major disaster by the President in his SUMMARY: This notice amends the notice declaration of January 6, 1998: of a major disaster for the State of Bay County for Individual Assistance FEDERAL MARITIME COMMISSION Alabama (FEMA–1214–DR), dated April (already designated for Public Assistance). 9, 1998, and related determinations. (The following Catalog of Federal Domestic Ocean Freight Forwarder License; EFFECTIVE DATE: April 17, 1998. Assistance Numbers (CFDA) are to be used Applicants for reporting and drawing funds: 83.537, FOR FURTHER INFORMATION CONTACT: Notice is hereby given that the Community Disaster Loans; 83.538, Cora Madge Dale, Response and Recovery Brown Fund Program; 83.539, Crisis following applicants have filed with the Directorate, Federal Emergency Counseling; 83.540, Disaster Legal Services Federal Maritime Commission Management Agency, Washington, DC Program; 83.541, Disaster Unemployment applications for licenses as ocean freight 20472, (202) 646–3260. Assistance (DUA); 83.542, Fire Suppression forwarders pursuant to section 19 of he SUPPLEMENTARY INFORMATION: The notice Assistance; 83.543, Individual and Family Shipping Act of 1984 (46 U.S.C. app. of a major disaster for the State of Grant (IFG) Program; 83.544, Public 1718 and 46 CFR 510). Alabama, is hereby amended to include Assistance Grants; 83.545, Disaster Housing Persons knowing of any reason why Program; 83.548, Hazard Mitigation Grant any of the following applicants should the following area among those areas Program.) determined to have been adversely not receive a license are requested to Dennis H. Kwiatkowski, affected by the catastrophe declared a contact the Office of Freight Forwarders, major disaster by the President in his Deputy Associate Director, Response and Federal Maritime Commission, Recovery Directorate. declaration of April 9, 1998: Washington, D.C. 20573. [FR Doc. 98–11219 Filed 4–27–98; 8:45 am] Cullman County for Individual Assistance. Ocean’s Freight, Inc., 4210 N.W. 35th BILLING CODE 6718±02±P (The following Catalog of Federal Domestic Court, Miami, FL 33142, Officer: Luis Assistance Numbers (CFDA) are to be used Miguel Boscan, President. for reporting and drawing funds: 83.537, FEDERAL EMERGENCY Dated: April 22, 1998. Community Disaster Loans; 83.538, Cora MANAGEMENT AGENCY Joseph C. Polking, Brown Fund Program; 83.539, Crisis Secretary. Counseling; 83.540, Disaster Legal Services [FEMA±1209±DR] Program; 83.541, Disaster Unemployment [FR Doc. 98–11159 Filed 4–27–98; 8:45 am] Assistance (DUA); 83.542, Fire Suppression Georgia; Amendment to Notice of a BILLING CODE 6730±01±M Assistance; 83.543, Individual and Family Major Disaster Declaration Grant (IFG) Program; 83.544, Public Assistance Grants; 83.545, Disaster Housing AGENCY: Federal Emergency FEDERAL RESERVE SYSTEM Program; 83.548, Hazard Mitigation Grant Management Agency (FEMA). Program.) ACTION: Notice. Change in Bank Control Notices; Dennis H. Kwiatkowski, Acquisitions of Shares of Banks or Deputy Associate Director, Response and SUMMARY: This notice amends the notice Bank Holding Companies Recovery Directorate. of a major disaster for the State of [FR Doc. 98–11220 Filed 4–27–98; 8:45 am] Georgia (FEMA–1209–DR), dated March The notificants listed below have applied under the Change in Bank BILLING CODE 6718±02±P 11, 1998, and related determinations. Control Act (12 U.S.C. 1817(j)) and § EFFECTIVE DATE: April 16, 1998. 225.41 of the Board’s Regulation Y (12 FEDERAL EMERGENCY FOR FURTHER INFORMATION CONTACT: CFR 225.41) to acquire a bank or bank MANAGEMENT AGENCY Madge Dale, Response and Recovery holding company. The factors that are Directorate, Federal Emergency considered in acting on the notices are [FEMA±1195±DR] Management Agency, Washington, DC set forth in paragraph 7 of the Act (12 20472, (202) 646–3260. Florida; Amendment to Notice of a U.S.C. 1817(j)(7)). Major Disaster Declaration SUPPLEMENTARY INFORMATION: Notice is The notices are available for hereby given that in a letter dated April immediate inspection at the Federal AGENCY: Federal Emergency 16, 1998, the President amended his Reserve Bank indicated. The notices Management Agency (FEMA). declaration of March 11, 1998, to define also will be available for inspection at 23288 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices the offices of the Board of Governors. proposal also involves the acquisition of FEDERAL RESERVE SYSTEM Interested persons may express their a nonbanking company, the review also views in writing to the Reserve Bank includes whether the acquisition of the Notice of Proposals to Engage in indicated for that notice or to the offices nonbanking company complies with the Permissible Nonbanking Activities or of the Board of Governors. Comments standards in section 4 of the BHC Act. to Acquire Companies that are must be received not later than May 12, Unless otherwise noted, nonbanking Engaged in Permissible Nonbanking 1998. activities will be conducted throughout Activities A. Federal Reserve Bank of the United States. Minneapolis (Karen L. Grandstrand, The companies listed in this notice Vice President) 90 Hennepin Avenue, Unless otherwise noted, comments have given notice under section 4 of the P.O. Box 291, Minneapolis, Minnesota regarding each of these applications Bank Holding Company Act (12 U.S.C. 55480-0291: must be received at the Reserve Bank 1843) (BHC Act) and Regulation Y, (12 1. 1996 Radcliffe Family Irrevocable indicated or the offices of the Board of CFR Part 225) to engage de novo, or to Trust, Tomah, Wisconsin; to acquire Governors not later than May 22, 1998. acquire or control voting securities or additional voting shares of BRAD, Inc., A. Federal Reserve Bank of Cleveland assets of a company, including the Black River Falls, Wisconsin, and (Paul Kaboth, Banking Supervisor) 1455 companies listed below, that engages thereby indirectly acquire Black River East Sixth Street, Cleveland, Ohio either directly or through a subsidiary or other company, in a nonbanking activity Country Bank, Black River Falls, 44101-2566: Wisconsin. that is listed in § 225.28 of Regulation B. Federal Reserve Bank of Kansas 1. Star Banc Corporation, Cincinnati, Y (12 CFR 225.28) or that the Board has City (D. Michael Manies, Assistant Vice Ohio; to acquire 100 percent of the determined by Order to be closely President) 925 Grand Avenue, Kansas voting shares of Trans Financial, Inc., related to banking and permissible for City, Missouri 64198-0001: Bowling Green, Kentucky, and thereby bank holding companies. Unless 1. J.L. and Delene Stuart Qualified indirectly acquire Trans Financial Bank, otherwise noted, these activities will be Family Partnership, L.P.; and Ned and NA, Bowling Green, Kentucky, and conducted throughout the United States. Margaret Stuart Qualified Family Trans Financial Bank Tennessee, NA, Each notice is available for inspection Partnership, L.P., both of Shattuck, Nashville, Tennessee. at the Federal Reserve Bank indicated. Oklahoma; to acquire voting shares of B. Federal Reserve Bank of The notice also will be available for Shattuck Bancshares, Inc., Shattuck, Richmond (A. Linwood Gill III, inspection at the offices of the Board of Oklahoma, and thereby indirectly Assistant Vice President) 701 East Byrd Governors. Interested persons may acquire voting shares of Shattuck Street, Richmond, Virginia 23261-4528: express their views in writing on the National Bank, Shattuck, Oklahoma. question whether the proposal complies 1. Community Bankshares, Inc., with the standards of section 4 of the Board of Governors of the Federal Reserve Orangeburg, South Carolina; to acquire System, April 22, 1998. BHC Act. 100 percent of the voting shares of Jennifer J. Johnson, Unless otherwise noted, comments Florence National Bank, Florence, South regarding the applications must be Deputy Secretary of the Board. Carolina (in organization). [FR Doc. 98–11192 Filed 4–27–98; 8:45 am] received at the Reserve Bank indicated C. Federal Reserve Bank of BILLING CODE 6210±01±F or the offices of the Board of Governors Minneapolis (Karen L. Grandstrand, not later than May 12, 1998. Vice President) 90 Hennepin Avenue, A. Federal Reserve Bank of Chicago FEDERAL RESERVE SYSTEM P.O. Box 291, Minneapolis, Minnesota (Philip Jackson, Applications Officer) 55480-0291: 230 South LaSalle Street, Chicago, Formations of, Acquisitions by, and 1. Avon State Bank Employee Stock Illinois 60690-1413: Mergers of Bank Holding Companies Ownership Plan, Avon, Minnesota; to 1. National Australia Bank Limited, The companies listed in this notice acquire 36.1 percent of the votings Melbourne, Australia; to acquire have applied to the Board for approval, shares of Avon Bancshares, Inc., Avon, indirectly through Homeside Lending, pursuant to the Bank Holding Company Minnesota, and thereby indirectly Inc., Jacksonville, Florida, certain assets Act of 1956 (12 U.S.C. 1841 et seq.) acquire Avon State Bank, Avon, and assume certain liabilities of Banc (BHC Act), Regulation Y (12 CFR Part Minnsota. One Mortgage Corporation, 225), and all other applicable statutes Indianapolis, Indiana, and thereby D. Federal Reserve Bank of San engage in mortgage banking activities and regulations to become a bank Francisco (Maria Villanueva, Manager holding company and/or to acquire the and servicing loans, pursuant to §§ of Analytical Support, Consumer assets or the ownership of, control of, or 225.28(b)(1) and (b)(2) of the Board’s Regulation Group) 101 Market Street, the power to vote shares of a bank or Regulation Y. San Francisco, California 94105-1579: bank holding company and all of the B. Federal Reserve Bank of San banks and nonbanking companies 1. Heritage Financial Corporation, Francisco (Maria Villanueva, Manager owned by the bank holding company, Olympia, Washington; to merge with of Analytical Support, Consumer including the companies listed below. North Pacific Bancorporation, Tacoma, Regulation Group) 101 Market Street, The applications listed below, as well Washington, and thereby indirectly San Francisco, California 94105-1579: as other related filings required by the acquire North Pacific Bank, Tacoma, 1. Palm Desert Investments, Palm Board, are available for immediate Washington. Desert, California; to engage de novo in inspection at the Federal Reserve Bank Board of Governors of the Federal Reserve acting as a ‘‘finder’’ in bringing together indicated. The application also will be System, April 22, 1998. buyers and sellers in connection with available for inspection at the offices of the sale of automated teller machines the Board of Governors. Interested Jennifer J. Johnson, (‘‘ATMs’’) or management rights with persons may express their views in Deputy Secretary of the Board. respect to such ATMs, pursuant to § writing on the standards enumerated in [FR Doc. 98–11191 Filed 4–27–98; 8:45 am] 225.28(b)(14) of the Board’s Regulation the BHC Act (12 U.S.C. 1842(c)). If the BILLING CODE 6210±01±F Y. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23289

Board of Governors of the Federal Reserve 1. HHS Procurement-Solicitations and Name: NVAC Immunization Registries System, April 22, 1998. Contracts—Extension—0990–0115— Workgroup on Technological and Jennifer J. Johnson, This clearance request covers general Operational Challenges. Time and date: 1:30 p.m.–5:30 p.m., May Deputy Secretary of the Board. information collection requirements of 14, 1998. the procurement process such as [FR Doc. 98–11193 Filed 4–27–98; 8:45 am] Place: Omni Shoreham Hotel, Ambassador BILLING CODE 6210±01±F technical proposals and statements of Ballroom, 2500 Calvert Street, NW., work.—Respondents: State or local Washington, DC, telephone (202) 234–0700. governments, businesses or other for- Status: Open to the public, limited only by FEDERAL RESERVE SYSTEM profit, non-profit institutions, small space availability. The meeting room businesses; Annual Number of accommodates approximately 200 people. Sunshine Act Meeting Respondents: 5,660; Frequency of Purpose: During a White House Ceremony Response: one time; Average Burden per on July 23, 1997, the President directed the TIME AND DATE: 11:00 a.m., Monday, May Secretary of Health and Human Services 4, 1998. Response: 253.41 hours; Estimated Annual Burden: 1,434,300 hours. (HHS) to work with the States on integrated PLACE: immunization registries. As a result, NVAC Marriner S. Eccles Federal OMB Desk Officer: Allison Eydt. Reserve Board Building, 20th and C has formed workgroups, staffed by the Copies of the information collection Streets, N.W., Washington, D.C. 20551 National Immunization Program (NIP), that packages listed above can be obtained will gather information for development of a STATUS: Closed. by calling the OS Reports Clearance National Immunization Registry Plan of MATTERS TO BE CONSIDERED: Officer on (202) 690–6207. Written Action. 1. Personnel actions (appointments, comments and recommendations for the To assist in the formulation of a work plan, promotions, assignments, proposed information collection should a series of public meetings relating to (1) reassignments, and salary actions) privacy and confidentiality; (2) resource be sent directly to the OMB desk officer issues; (3) technological and operational involving individual Federal Reserve designated above at the following challenges; and (4) ensuring provider System employees. address: Human Resources and Housing participation, will be held throughout the 2. Any matters carried forward from a Branch, Office of Management and Nation. These meetings will provide an previously announced meeting. Budget, New Executive Office Building, opportunity for input from all partners which CONTACT PERSON FOR MORE INFORMATION: Room 10235, 725 17th Street N.W., include state and local public health Joseph R. Coyne, Assistant to the Board; Washington, D.C. 20503. agencies, professional organizations of private health agencies, managed care 202–452–3204. Comments may also be sent to organizations (MCOs), employer-funded SUPPLEMENTARY INFORMATION: You may Cynthia Agens Bauer, OS Reports health care plans, vaccine manufacturers and call 202–452–3206 beginning at Clearance Officer, Room 503H, developers, vendors and developers of approximately 5 p.m. two business days Humphrey Building, 200 Independence medical information systems, information before the meeting for a recorded Avenue S.W., Washington, DC, 20201. standards development organizations, announcement of bank and bank Written comments should be received parents, social welfare agencies, law within 30 days of this notice. enforcement agencies, legislators, privacy holding company applications and consumer interest groups, and other scheduled for the meeting; or you may Dated: April 10, 1998. representatives of the public at large. contact the Board’s Web site at http:// Dennis P. Williams, For each meeting, the Workgroup is www.bog.frb.fed.us for an electronic Deputy Assistant Secretary, Budget. inviting experts to address the four specific announcement that not only lists issues outlined above. Expert speakers are [FR Doc. 98–11178 Filed 4–27–98; 8:45 am] applications, but also indicates being asked to respond to the questions procedural and other information about BILLING CODE 4150±04±M outlined below in writing, make brief oral the meeting. presentations, and to respond to additional questions from the Workgroup. Dated: April 24, 1998. DEPARTMENT OF HEALTH AND Members of the public who wish to Jennifer J. Johnson, HUMAN SERVICES provide comments may do so in the form of written statements, to be received by the Deputy Secretary of the Board. Centers for Disease Control and completion of the last meeting, addressed as [FR Doc. 98–11452 Filed 4–24–98; 3:59 pm] Prevention follows: NIP/CDC, Data Management BILLING CODE 6210±01±P Division, 1600 Clifton Road, NE., M/S E–62, National Vaccine Program Office Atlanta, Georgia, 30333. Meetings There will be a period of time during the DEPARTMENT OF HEALTH AND agenda for members of the public to make The National Vaccine Program Office, oral statements, not exceeding 3 minutes in HUMAN SERVICES length, on the issues being considered by the Centers for Disease Control and Workgroup. Members of the public who wish Office of the Secretary Prevention (CDC) announces the to speak are asked to place their names on following meeting: a list at the registration table on the day of Agency Information Collection Name: National Vaccine Advisory the meeting. The number of speakers will be Activities: Submission for OMB Committee (NVAC) Immunization Registries limited by the time available and speakers Review; Comment Request Workgroup on Ensuring Provider will be heard once in the order in which they place their names on the list. Written The Department of Health and Human Participation. Time and date: 8:30 a.m.–12:30 p.m., May comments are encouraged; please provide 20 Services, Office of the Secretary 13, 1998. copies. publishes a list of information Based on the outcome of these meetings, a Name: NVAC Immunization Registries collections it has submitted to the Office National Immunization Registry Plan of Workgroup on Resource Issues. Action will be developed and proposed to of Management and Budget (OMB) for Time and date: 1:30 p.m.–5:30 p.m., May clearance in compliance with the NVAC for their deliberation and approval. 13, 1998. This plan will identify registry barriers and Paperwork Reduction Act of 1995 (44 Name: NVAC Immunization Registries solutions, strategies to build a registry U.S.C. Chapter 35) and 5 CFR 1320.5. Workgroup on Privacy and Confidentiality. network, resource requirements and The following are those information Time and date: 8:30 a.m.–12:30 p.m., May commitments, and a target date for network collections recently submitted to OMB. 14, 1998. completion. 23290 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

Matters to be discussed: Agenda items will 6. What software systems can your system 2. How can the disclosure and re- include an overview of the Initiative on interface with? disclosure of immunization information be Immunization Registries and current 7. How are connections between your controlled through policies, procedures, and immunization registry efforts and testimonies system and existing systems implemented? legislation? by organizational representatives on the 8. How can registries be used to measure 3. Should consent to participate be following issues relevant to immunization immunization rates, accurately and routinely, implied or required? In what form? registries: privacy and confidentiality, at county, state, and national levels, without 4. Should different levels of disclosure be resources, technological and operational counting any individual more than once? possible? What levels should be available to challenges, and ensuring provider 9. How can the functionality of what groups? participation. immunization registries be standardized 5. Who should have access to Agenda items are subject to change as without compromising registries’ ability to immunization registry data? priorities dictate. customize and extend that functionality? 6. What information should be disclosed to 10. What immunization registry functions Resource Issues Questions To Be Considered an immunization registry? should be standardized? 7. What other uses can immunization 1. What approaches have been successful 11. Who should provide leadership in registry data have? in securing funding to support registries? such a standardization effort? 8. Would ability to produce a legal record 2. What approaches to secure funding 12. How will/should standards be be a desirable function for the registry? have been tried but failed? implemented in immunization registries? 9. What fair information practices should 3. What cost-sharing arrangements would 13. How can the cost of operating be implemented (e.g., ability to correct the your organization view as reasonable and fair immunization registries be reduced to a level record, notice of being put in registry to to ensure long-term sustainability of a at which immunization providers themselves parent)? registry? would be willing to support them? [crossover 10. How long should information be kept 4. Would you be willing to share costs with cost issue] in a registry? through a fee-for-service arrangement and 14. What sorts of inter-organizational 11. How will privacy issues affect the how much would you be willing to pay? arrangements and legal structures need to be following groups: parents, immigrants, 5. Would you be willing to support a in place to provide an environment in which religious groups, HIV-positive and other vaccine surcharge and at what rate? immunization registry data can flow as immunocompromised health conditions, law 6. What types of resources and/or in-kind needed? [crossover with privacy & enforcement, victims of domestic violence, support do you receive and from whom? confidentiality issue] and custodial parents? 7. What types of resources and/or in-kind 15. Do you feel that there is a need for the 12. How should registries ensure that support do you provide? Federal Government to provide leadership in privacy policies are followed? 8. What types of resources are you willing developing state and community-based 13. Do you have any comment or and able to provide over the short-term and/ immunization registries? What should the recommendation for NVAC/CDC/HHS related or long-term to ensure registry sustainability? role of the Federal Government be in this to the implementation of the network of state 9. Are you willing to provide resources or effort? and community-based registries and do you in-kind support toward linking your existing 16. How can duplication of records be have any concerns? registries with state and local registries? minimized? 14. Do you feel there is a need for the 10. What are the costs of implementing/ 17. How can existing billing/encounter Federal Government to provide leadership in operating an immunization registry? information systems be modified to provide developing state and community-based 11. What are the costs of not having an appropriate immunization registry functions? immunization registries? What should the immunization registry (e.g., looking up 18. How can immunization registries be role of the Federal Government be in this immunization histories, generating school broadened to provide other important effort? immunization records, etc.)? functions in patient monitoring (e.g., well- 15. Given the mandate of Health Insurance 12. How should immunization registries child assessments, metabolic/hearing be integrated with larger patient information screening, etc.)? Portability and Accountability Act to create systems and how should their component 19. What mechanisms are needed to detect a unique health identifier, how should that costs be ascertained? and prevent unauthorized access to registry goal be achieved while minimizing the 13. Do you feel there is a need for the data? probability of inappropriate use of the Federal Government to provide leadership in 20. What data capture technology (e.g., bar identifier? developing state and community-based codes, voice recognition, etc.) can minimize 16. What steps can be taken to prevent immunization registries? What should the the negative impact on workflow? unauthorized re-disclosure of information role of the Federal Government be in this 21. What techniques (e.g., standard already provided to an organization or effort? knowledge representation such as Arden person? Syntax) can be used to disseminate 17. What legal barriers exist which prevent Technological and Operational Questions To vaccination guidelines to individual data sharing by MCOs and how can they be Be Considered registries quickly and with a minimum of obviated? 1. How can universal, interactive, real- new programming required to update 18. What mechanism should be available to time, secure immunization record exchange automated reminder/recall and forecasting allow parents to opt out of the registry? between immunization providers be based on the guidelines? 19. What agency/organization should be implemented? responsible for maintaining registry 2. How does your system implement Privacy and Confidentiality Questions To Be information? record exchange? Considered 20. How should consent for inclusion in an A. Can a provider get an up-to-date Terminology: Privacy—The right of an immunization registry be obtained? Should it immunization history for a patient sitting in individual to limit access by others to some be implicit or explicit? his or her office? aspect of the person. Confidentiality—The 21. What information should be included B. How is this function implemented? treatment of information that an individual in an immunization registry? 3. How can it be assured that the most has disclosed in a relationship of trust and 22. Should registries include (and release) complete and up-to-date copy of an with the expectation that it will not be information on contraindications, adverse immunization record is always retrieved by divulged to others in ways that are events, etc.? a requesting provider? inconsistent with the understanding of the 23. Who should have access to 4. How does your system identify the original disclosure. Individually identifiable immunization registry data and how can definitive record? information—Information that can restricted access be assured? 5. How can existing practice management reasonably be used to identify an individual 24. What information should be available systems achieve connectivity with (by name or by inference). to persons other than the client/patient and immunization registries efficiently, without 1. Should immunization data have the direct health care provider (e.g., schools)? dual systems, redundant processes, and different privacy requirements than the rest 25. What is the best way to protect privacy multiple interfaces? of the medical record? and ensure confidentiality within a registry? Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23291

26. How should individuals/parents have to ensure the accuracy and completeness of document by June 29, 1998. General access to registry information on themselves/ the immunization data entered into an comments on agency guidance their children? immunization registry? documents are welcome at any time. 27. Should data maintained in a state and 19. What type of security policies and community-based immunization registry be procedures need to be in place for you to be ADDRESSES: Copies of this draft considered public information? confident that data are secure? guidance are available on the Internet at 28. Would national privacy and 20. What functions should a registry ‘‘http://www.fda.gov/cder/guidance/ confidentiality standards help ensure that perform in your office in order for you index.htm.’’ Written requests for single data maintained in an immunization registry (provider/organization) to participate? copies of the draft guidance for industry is protected? 21. Do you have any advice or should be submitted to the Drug recommendations for NVAC/CDC/HHS Ensuring Provider Participation Questions related to the implementation of the network Information Branch (HFD–210), Center To Be Considered of state and community-based registries and for Drug Evaluation and Research, Food 1. What type of resources (e.g., hardware, do you have any concerns? and Drug Administration, 5600 Fishers staff, etc.) are needed for you (provider/ 22. Do you feel that there is a need for the Lane, Rockville, MD 20857. Submit organization) to participate in a Federal Government to provide leadership in written comments on the draft guidance computerized registry? developing state and community-based to the Dockets Management Branch 2. What are the cost-related barriers that immunization registries? What should the (HFA–305), Food and Drug keep you (provider/organization) from role of the Federal Government be in this Administration, 12420 Parklawn Dr., participating in an immunization registry? effort? 3. What cost should providers be 23. Have you received training on the use rm. 1–23, Rockville, MD 20857. responsible for, pertaining to participation in and maintenance of computerized medical FOR FURTHER INFORMATION CONTACT: John immunization registry systems? information? Do you feel this training is L. Smith, Center for Drug Evaluation 4. What are the cost savings you would needed to fully support the development and and Research (HFD–590), Food and anticipate as a result of participating in a maintenance of immunization registries? Drug Administration, 9201 Corporate computerized registry (e.g., increased return Contact Person for More Information: Robb visit form reminders, less personnel Linkins, M.P.H., Ph.D., Chief, Systems Blvd., Rockville, MD 20850, 301–827– paperwork for preschool exams, etc.)? Development Branch, Data Management 2175. 5. How much time would you be willing Division, NIP, CDC, 1600 Clifton Road, NE, SUPPLEMENTARY INFORMATION: FDA is to invest per patient visit (e.g., additional 1, M/S E–62, Atlanta, GA 30333, telephone announcing the availability of a draft 5, 7, 10 minutes) in the overall success of an (404) 639–8728, e-mail [email protected]. guidance for industry entitled ‘‘SUPAC– immunization registry? Dated: April 22, 1998. IR/MR: Immediate Release and Modified 6. What type of user support would be Joseph E. Salter, needed in order for you (provider/ Release Solid Oral Dosage Forms, organization) to participate in an Acting Director, Management Analysis and Manufacturing Equipment Addendum.’’ immunization registry? Services Office, Centers for Disease Control This draft guidance is intended to 7. How would you (provider/organization) and Prevention (CDC). provide recommendations to encourage providers and consumers in your [FR Doc. 98–11185 Filed 4–27–98; 8:45 am] pharmaceutical manufacturers using community to participate in an BILLING CODE 4163±18±P CDER’S Guidance for Industry on immunization registry? ‘‘Immediate Release Solid Oral Dosage 8. What community support would be Forms, Scale-Up and Post-Approval necessary for you to participate in the DEPARTMENT OF HEALTH AND Changes: Chemistry, Manufacturing and immunization registry? HUMAN SERVICES 9. What benefits/value (e.g., immunization Controls, In Vitro Dissolution Testing, and In Vivo Bioequivalence reminders, quick access to immunization Food and Drug Administration histories, etc.) would a registry provide that Documentation’’ (SUPAC–IR), which would encourage your (provider/ [Docket No. 95D±0349] published in November 1995, and organization) participation? CDER’s Guidance for Industry ‘‘SUPAC– 10. What incentives should be offered to Draft Guidance for Industry on MR: Modified Release Solid Oral Dosage providers/organizations to participate in an SUPAC±IR/MR: Immediate Release and Forms Scale-Up and Post-Approval immunization registry? Modified Release Solid Oral Dosage Changes: Chemistry, Manufacturing and 11. What barriers have you (provider/ Forms, Manufacturing Equipment Controls; In Vitro Dissolution Testing organization) encountered that have Addendum; Availability prevented you from participating in an and In Vivo Bioequivalence immunization registry? AGENCY: Food and Drug Administration, Documentation,’’ which published in 12. Is provider liability (e.g, disclosure of HHS. September 1997. sensitive patient information) a barrier to ACTION: Notice. This draft guidance is a revision of the participating in an immunization registry? guidance entitled ‘‘SUPAC–IR: Why? SUMMARY: The Food and Drug Immediate Release Solid Oral Dosage 13. How would an immunization registry Administration (FDA) is announcing the Forms, Manufacturing Equipment impact your practice/organization? availability of a draft guidance for 14. Do you currently share immunization Addendum’’ that published in October data with other providers electronically? For industry entitled ‘‘SUPAC–IR/MR: 1997, and the draft guidance is intended what purpose (e.g., billing, share group data, Immediate Release and Modified to supersede the previously published etc.)? Release Solid Oral Dosage Forms, guidance. The draft guidance includes 15. How (e.g., electronic record, paper Manufacturing Equipment Addendum.’’ information on equipment used to record) is medical information maintained in This draft guidance is intended to manufacture modified release solid oral your practice/organization? provide insight and recommendations to dosage form products as well as 16. Who should retain ownership of pharmaceutical sponsors of new drug immediate release solid oral dosage immunization records as they are distributed applications (NDA’s) and abbreviated form products and may be used to throughout an immunization registry? new drug applications (ANDA’s) who 17. How would you (provider/ determine what documentation should organization) use the data maintained in an wish to change equipment during the be submitted to FDA regarding immunization registry? postapproval period. equipment changes made in accordance 18. What type of quality control process DATES: Written comments may be with the recommendations in sections V would you (provider/organization) perform submitted on the draft guidance and VI.A of the SUPAC–IR guidance 23292 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices and in sections VI and VII of the effectiveness of these devices for their Subsequent to the panel meeting, the SUPAC–MR guidance. intended uses. Health Industry Manufacturers This draft guidance represents the DATES: Written comments concerning Association organized a task force agency’s current thinking on scale-up this guidance must be submitted by July which again reviewed the document and postapproval equipment changes 27, 1998. and suggested changes to the Center for for immediate release and modified ADDRESSES: Submit written requests for Devices and Radiological Health (CDRH) release solid oral dosage forms regulated single copies on a 3.5’’ diskette of the on February 15, 1988. As a result, a final by CDER. It does not create or confer draft guidance document entitled guidance document was issued on any rights for or on any person and does ‘‘Guidance Document for Industry and August 12, 1988. This revised draft of not operate to bind FDA or the public. CDRH Staff for the Preparation of the guidance document was initiated in An alternative approach may be used if Investigational Device Exemptions and response to discussions and such approach satisfies the requirement Premarket Approval Applications for correspondences with sponsors of bone of the applicable statute, regulations, or Bone Growth Stimulator Devices’’ to the growth stimulator devices and other both. Division of Small Manufacturers interested parties, and it provides Interested persons may submit written Assistance, Center for Devices and additional guidance detailing the ODE’s comments on the draft guidance to the Radiological (HFZ–220), Food and Drug present perspective on issues relating to Dockets Management Branch (address Administration, 1350 Piccard Dr., these devices. The revised draft above). Two copies of any comments are Rockville, MD 20850. Send two self- guidance will be considered by the ORD to be submitted, except that individuals addressed adhesive labels to assist that Advisory Panel in a meeting to be held may submit one copy. Comments are to office in processing your request, or fax on April 28, 1998, at 9200 Corporate be identified with the docket number your request to 301–443–8818. Written Blvd., Rockville, MD. found in brackets in the heading of this comments concerning this guidance document. The draft guidance and document must be submitted to the II. Significance of Guidance received comments may be seen in the Dockets Management Branch (HFA– This guidance document represents office above between 9 a.m. and 4 p.m., 305), Food and Drug Administration, the agency’s current thinking on IDE Monday through Friday. 12420 Parklawn Dr., rm. 1–23, and PMA applications for Bone Growth Dated: April 20, 1998. Rockville, MD 20857. Comments should Stimulators. It does not create or confer William K. Hubbard, be identified with the docket number any rights for or on any person and does Associate Commissioner for Policy found in brackets in the heading of this not operate to bind FDA or the public. Coordination. document. See the SUPPLEMENTARY An alternative approach may be used if INFORMATION [FR Doc. 98–11197 Filed 4–27–98; 8:45 am] section for electronic such approach satisfies the applicable access to the guidance document. BILLING CODE 4160±01±F statute, regulations, or both. FOR FURTHER INFORMATION CONTACT: John The agency has adopted Good S. Goode, Center for Devices and Guidance Practices (GGP’s), which set DEPARTMENT OF HEALTH AND Radiological Health (HFZ–410), Food forth the agency’s policies and HUMAN SERVICES and Drug Administration, 9200 procedures for the development, Corporate Blvd., Rockville, MD 20850, issuance, and use of guidance Food and Drug Administration 301–594–2036. documents (62 FR 8961, February 27, SUPPLEMENTARY INFORMATION: [Docket No. 98D±0238] 1997). This draft guidance document is I. Background issued as a Level 1 guidance consistent Guidance Document for Industry and with GGP’s. CDRH Staff for the Preparation of The preparation of a guidance Investigational Device Exemptions and document for Bone Growth Stimulator III. Electronic Access Premarket Approval Applications for applications was first initiated by the Division of Surgical and Rehabilitation In order to receive copies of the draft Bone Growth Stimulator Devices; guidance document entitled ‘‘Guidance Draft; Availability Devices (DSRD) of the Office of Device Evaluation (ODE) in conjunction with Document for Industry and CDRH Staff AGENCY: Food and Drug Administration, the Division of Physical Sciences (DPS) for the Preparation of Investigational HHS. and Life Sciences (DLS) of the Office of Device Exemptions and Premarket ACTION: Notice. Science and Technology in 1985. The Approval Applications for Bone Growth purpose of the document was to suggest Stimulator Devices’’ via your fax SUMMARY: The Food and Drug to the device manufacturer or machine, call the CDRH Facts-On- Administration (FDA) is announcing the investigation sponsor important Demand (FOD) system at 800–899–0381 availability of the draft guidance information which should be presented or 301–827–0111 from a touch-tone entitled ‘‘Guidance Document for in IDE and PMA applications in order telephone. At the first voice prompt Industry and CDRH Staff for the to provide reasonable assurance of the press 1 to access DSMA Facts, at second Preparation of Investigational Device safety and effectiveness of these devices voice prompt press 2, and then enter the Exemptions and Premarket Approval for their intended uses. The document document number (487) followed by the # Applications for Bone Growth went through extensive review by pound sign ( ). Then follow the Stimulator Devices.’’ This guidance is representatives of DSRD, DPS, DLS, the remaining voice prompts to complete not final or in effect at this time. The Orthopedic and Rehabilitation Devices your request. purpose of this document is to suggest (ORD) Advisory Panel, and industry Persons interested in obtaining a copy to the device manufacturer or representatives. Comments and of the guidance document may also do investigation sponsor important recommendations generated by these so using the World Wide Web (WWW). information which should be presented reviews resulted in a revised draft CDRH maintains an entry on the WWW in investigational device exemption document, which was presented for for easy access to information including (IDE) and premarket approval (PMA) discussion during an open public text, graphics, and files that may be applications in order to provide session of the ORD Advisory Panel downloaded to a personal computer reasonable assurance of the safety and meeting held on October 31, 1986. with access to the Web. Updated on a Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23293 regular basis, the CDRH home page DEPARTMENT OF HEALTH AND burden of notification, under certain includes the draft guidance document HUMAN SERVICES circumstances, for analytical testing entitled ‘‘Guidance Document for laboratory site changes currently Industry and CDRH Staff for the Food and Drug Administration requiring prior approval supplements Preparation of Investigational Device [Docket No. 98D±0233] under § 314.70 (21 CFR 314.70). FDA Exemptions and Premarket Approval regulations at § 314.70(a) provide that Applications for Bone Growth Guidance for Industry on PAC±ATLS: applicants may make changes to an Stimulator Devices,’’ device safety Postapproval ChangesÐAnalytical approved application in accordance alerts, Federal Register reprints, Testing Laboratory Sites; Availability with a guidance, notice, or regulation information on premarket submissions published in the Federal Register that AGENCY: Food and Drug Administration, provides for a less burdensome (including lists of approved applications HHS. and manufacturers’ addresses), small notification of the change (for example, ACTION: Notice. by notification at the time a supplement manufacturers’ assistance, information is submitted or in the next annual on video conferencing and electronic SUMMARY: The Food and Drug report). submissions, mammography matters, Administration (FDA) is announcing the This guidance for industry represents and other device-oriented information. availability of a guidance for industry the agency’s current thinking on The CDRH home page may be accessed entitled ‘‘PAC–ATLS: Postapproval postapproval changes in analytical at http://www.fda.gov/cdrh. The Changes—Analytical Testing Laboratory testing laboratory sites. It does not guidance document entitled ‘‘Guidance Sites.’’ This guidance provides create or confer any rights for or on any Document for Industry and CDRH Staff recommendations to pharmaceutical person and does not operate to bind for the Preparation of Investigational sponsors of new drug applications FDA or the public. An alternative Device Exemptions and Premarket (NDA’s) and abbreviated new drug approach may be used if such approach Approval Applications for Bone Growth applications (ANDA’s) who intend to satisfies the requirements of the Stimulator Devices’’ will be available at change an analytical testing laboratory applicable statute, regulations, or both. http://www.fda.gov/cdrh/draftgui.html. site for components, drug product Interested persons may, at any time, containers, closures, packaging A text-only version of the CDRH Web submit written comments on the materials, in-process materials, or drug guidance to the Dockets Management site is also available from a computer or products during the postapproval Branch (address above). Two copies of VT–100 compatible terminal by dialing period. This guidance is intended to any comments are to be submitted, 800–222–0185 (terminal settings are 8/ ease the burden of notification, under except that individuals may submit one 1/N). Once the modem answers, press certain circumstances, for analytical copy. Comments are to be identified Enter several times and then select testing laboratory site changes currently with the docket number found in menu choice 1: FDA BULLETIN BOARD requiring prior approval supplements brackets in the heading of this SERVICE. From there follow under the human drug regulations. document. The guidance and received instructions for logging in, and at the DATES: Written comments may be comments are available for public BBS TOPICS PAGE, arrow down to the submitted at any time. examination in the Dockets FDA home page (do not select the first ADDRESSES: Copies of this guidance for Management Branch between 9 a.m. and CDRH entry). Then select Medical industry are available on the Internet at 4 p.m., Monday through Friday. Devices and Radiological Health. From http://www.fda.gov/cder/guidance/ Dated: April 21, 1998. there select CENTER FOR DEVICES index.htm. Submit written requests for William K. Hubbard, AND RADIOLOGICAL HEALTH for single copies of the guidance for Associate Commissioner for Policy general information, or arrow down for industry entitled ‘‘PAC–ATLS: Coordination. specific topics. Postapproval Changes—Analytical [FR Doc. 98–11198 Filed 4–27–98; 8:45 am] Testing Laboratory Sites,’’ to the Drug BILLING CODE 4160±01±F IV. Comments Information Branch (HFD–210), Center Interested persons may, on or before for Drug Evaluation and Research, Food July 27, 1998, submit to Dockets and Drug Administration, 5600 Fishers DEPARTMENT OF HEALTH AND Management Branch (address above) Lane, Rockville, MD 20857. Send one HUMAN SERVICES self-addressed adhesive label to assist written comments regarding this draft that office in processing your requests. National Institutes of Health guidance. Two copies of any comments Submit written comments on the are to be submitted, except that guidance to the Dockets Management National Institute of Environmental individuals may submit one copy. Branch (HFA–305), Food and Drug Health Sciences; Notice of Meeting of Comments are to be identified with the Administration, 12420 Parklawn Dr., National Advisory Environmental docket number found in brackets in the rm. 1–23, Rockville, MD 20857. Health Sciences Council heading of this document. The guidance FOR FURTHER INFORMATION CONTACT: document and received comments may Pursuant to Pub. L. 92–463, notice is Nancy B. Sager, Center for Drug hereby given of the meeting of the be seen in the Dockets Management Evaluation and Research (HFD–357), Branch between 9 a.m. and 4 p.m., National Advisory Environmental Food and Drug Administration, 5600 Health Sciences Council, May 18–19, Monday through Friday. Fishers Lane, Rockville, MD 20857, 1998, Building 31, Conference Room 10, Dated: April 22, 1998. 301–594–5629. National Institutes of Health, Bethesda, D. B. Burlington, SUPPLEMENTARY INFORMATION: FDA is Maryland. Director, Center for Devices and Radiological announcing the availability of a This meeting will be open to the Health. guidance for industry entitled ‘‘PAC– public from 8:30 a.m. to approximately [FR Doc. 98–11158 Filed 4–27–98; 8:45 am] ATLS: Postapproval Changes— 3:20 p.m. on May 18 for the report of the Analytical Testing Laboratory Sites.’’ Director, NIEHS, and for discussion of BILLING CODE 4160±01±F This guidance is intended to ease the the NIEHS budget, program policies and 23294 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices issues, recent legislation, and other Time: 7:00 p.m. Dated: April 21, 1998. items of interest. Attendance by the Place: Holiday Inn, 2 Montgomery Village LaVeen Ponds, public will be limited to space available. Avenue, Gaithersburg, Maryland 20879. Policy Analyst, NIH. In accordance with the provisions set Contact Person: Anthony M. Coelho, Ph.D, [FR Doc. 98–11253 Filed 4–27–98; 8:45 am] Two Rockledge Center, Room 7194, 6701 forth in secs. 552b(c)(4) and 552b(c)(6), BILLING CODE 4140±01±M Title 5 U.S.C. and sec. 10(d) of Pub L. Rockledge Drive, Bethesda, MD 20892–7924, 92–463, the meeting will be closed to (301) 435–0288. the pubic from approximately 3:30 p.m. Purpose/Agenda: To review and evaluate DEPARTMENT OF HEALTH AND on May 18 to adjournment at 5:00 p.m. grant applications. HUMAN SERVICES and on May 19 from 9:00 a.m. until This notice is being published less than adjournment at 12:00 p.m., for the fifteen days prior to this meeting due to the National Institutes of Health urgent need to meet timing limitations review, discussion, and evaluation of imposed by the grant review and funding National Institute of Child Health and individual grant application. These cycle. applications and the discussions could Human Development; Notice of Closed reveal confidential trade secrets or Name of SEP: Lipoprotein(a) Meeting commercial property such as patentable Standardization Program (Telephone Conference Call). Pursuant to Section 10(d) of the material, and personal information Date: May 20, 1998. Federal Advisory Committee Act, as concerning individuals associated with Time: 2:00 p.m. EDT. amended (5 U.S.C. Appendix 2), notice the applications, the disclosure of Place: Two Rockledge Center, Room 7214, is hereby given of the following which would constitute a clearly 6701 Rockledge Drive, Bethesda, MD 20892. National Institute of Child Health and unwarranted invasion of personal Contact Person: Camille King, Ph.D, Two Human Development Special Emphasis privacy. Rockledge Center, Room 7208A, 6701 Panel (SEP) meeting: Individuals who plan to attend and Rockledge Drive, Bethesda, MD 20892–7924, Name of SEP: Genotypic & Phenotype need special assistance, such as sign (301) 435–0321. Heterogenity in Dyslexia. language interpretation or other Purpose/Agenda: To review and evaluate Date: May 7, 1998. reasonable accommodations, should contract proposals. Time: 9:00 a.m.—adjournment. contact the Executive Secretary in Name of SEP: Review of Independent Place: 6100 Executive Boulevard, DSR advance of the meeting. Scientist Award (K02) and Mentored Clinical Conference Room, Rockville, Maryland Dr. Anne Sassaman, Director, Division Scientist Development Award (K08) 20852. of Extramural Research and Training, Applications. Contact Person: Scott Andres, Ph.D., and Executive Secretary, National Date: June 15, 1998. Scientific Review Administrator, NICHD, Time: 8:00 a.m. 6100 Executive Boulevard, Room 5E01, Advisory Environmental Health Rockville, MD 20852, Telephone: 301–496– Place: Key Bridge Marriott, 1401 Lee Sciences and Council, NIEHS, P.O. Box 1485. 12233, Research Triangle Park, North Highway, Arlington, Virginia 22209. Purpose/Agenda: To evaluate and review a Carolina 27709, (919) 541–7723, will Contact Person: S. Charles Selden, Ph.D, research grant application. furnish substantive program Two Rockledge Center, Room 7196, 6701 The meeting will be closed in accordance information. Rockledge Drive, Bethesda, MD 20892–7924, with the provisions set forth in sections (301) 435–0288. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. The (Catalog of Federal Domestic Assistance Purpose/Agenda: To review and evaluate discussion of this application could reveal Program Nos 93.113, Biological Response to grant applications. confidential trade secrets or commercial Environmental Agents; 93.114, Applied Name of SEP: Public Access Defribrillation property such as patentable material and Toxicological Research and Testing; 93115, (PAD–1) Clinical Trial. personal information concerning individuals Biometry and Risk Estimation; 93.894, associated with this application, the Date: June 23, 1998. Resource and Manpower Development, disclosure of which would constitute a National Institutes of Health) Time: 8:00 p.m. clearly unwarranted invasion of personal Place: Hyatt Regency Bethesda, One Dated: April 21, 1998. privacy. Bethesda Metro Center, Bethesda, Maryland LaVeen Ponds, This notice is being published less than 15 20814. days prior to the above meeting due to the Policy Analyst, NIH. Contact Person: Joyce A Hunter, Ph.D, Two urgent need to meet timing limitations [FR Doc. 98–11250 Filed 4–27–98; 8:45 am] Rockledge Center, Room 7192, 6701 imposed by the review and funding cycle. BILLING CODE 4140±01±M Rockledge Drive, Bethesda, MD 20892–7924, (Catalog of Federal Domestic Assistance (301) 435–0287. Program Nos. [93.864, Population Research Purpose/Agenda: To review and evaluate and No. 93.865, Research for Mothers and DEPARTMENT OF HEALTH AND contract proposals. Children], National Institute of Health, HHS) HUMAN SERVICES These meetings will be closed in Dated: April 21, 1998. accordance with the provisions set forth in LaVeen Ponds, National Institutes of Health secs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Acting Committee Management Officer, NIH. Applications and/or proposals and the [FR Doc. 98–11251 Filed 4–27–98; 8:45 am] National Heart, Lung, and Blood discussions could reveal confidential trade Institute; Notice of Closed Meetings secrets or commercial property such as BILLING CODE 4140±01±M patentable material and personal information Pursuant to Section 10(d) of the concerning individuals associated with the Federal Advisory Committee Act, as applications and/or proposals, the disclosure DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice of which would constitute a clearly HUMAN SERVICES is hereby given of the following unwarranted invasion of personal privacy. National Institutes of Health National Heart, Lung, and Blood (Catalog of Federal Domestic Assistance Institute Special Emphasis Panel (SEP) Programs Nos. 93.837, Heart and Vascular National Institute of Mental Health; meetings: Diseases Research; 93.838, Lung Diseases Notice of Meeting Name of SEP: Cardiovascular Benefits of Research; and 93.839, Blood Diseases and Soy Phytoestrogens. Resources Research, National Institutes of Pursuant to Pub. L. 92–463, notice is Date: May 4–5, 1998. Health) hereby given of the meeting of the Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23295

National Advisory Mental Health DEPARTMENT OF HEALTH AND limited to space available. Individuals Council of the National Institute of HUMAN SERVICES who plan to attend and need special Mental Health (NIMH) for May 1998. assistance, such as sign language National Institutes of Health The meeting will be open to the interpretation or other reasonable public, as indicated, for discussion of accommodations, should contact Ms. National Institute of Diabetes and Ida Nestorio at 301–443–4376. NIMH policy issues and will include Digestive and Kidney Diseases; Notice The meeting will be closed to the current administrative, legislative, and of Closed Meeting public, as indicated below, in program developments. Attendance by Pursuant to Section 10(d) of the accordance with the provisions set forth the public will be limited to space in sec. 552(c)(6), Title 5 U.S.C. and sec. available. Individuals who plan to Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice 10(d) of Pub. L. 92–463, for the review, attend and need special assistance, such is hereby given of the following discussion, and evaluation of individual as sign language interpretation or other National Institute of Diabetes and programs and projects conducted by the reasonable accommodations, should Digestive and Kidney Diseases Special National Institute of Alcohol Abuse and notify the contact person named below Emphasis Panel meeting: Alcoholism, including consideration of in advance of the meeting. personnel qualifications and Name of SEP: ZDK1 GRB B C2. performance, and the productivity of In accordance with the provisions set Date: May 11, 1998. forth in secs. 552b(c)(4) and 552b(c)(6), Time: 1:00 pm. individual staff scientist, the disclosure Title 5, U.S.C. and sec. 10(d) of Pub. L. Place: Room 6AS–25S, Natcher Building, of which would constitute a clearly 92–463, a portion of the Council will be NIH, (Telephone Conference Call). unwarranted invasion of personal closed to the public as indicated below Contact: Ned Feder, M.D., Scientific privacy. Review Administrator, Review Branch, DEA, A summary of the meeting and the for the review, discussion and NIDDK, Natcher Building, Room 6AS–25S, roster of committee members may be evaluation of individual grant National Institutes of Health, Bethesda, obtained from Ms. Ida Nestorio, applications. These applications, Maryland 20892–6600, Phone: (301) 594– National Institute on Alcohol Abuse and evaluations, and the discussions could 8890. Alcoholism, 6000 Executive Blvd., Suite reveal confidential trade secrets or Purpose/Agenda: To review and evaluate grant applications′. 409, Bethesda, MD 20892–7003. commercial property such as patentable Telephone: 301–443–4376. material, and personal information This meeting will be closed in accordance with the provisions set forth in secs. Other information pertaining to the concerning individuals, the disclosure 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. meeting can be obtained from the of which would constitute a clearly Applications and/or proposals and the Executive Secretary. unwarranted invasion of personal discussions could reveal confidential trade Name of Committee: Board of privacy. secrets or commercial property such as Scientific Counselors, NIAAA. Upon request the contact person will patentable material and personal information Executive Secretary: Benedict J. concerning individuals associated with the Latteri, 9000 Rockville Pike, Building provide a summary of the meeting and applications and/or proposals, the disclosure a roster of committee members. Other 31—MSC 2088, Room 1B58, Bethesda, of which would constitute a clearly MD 20892–2088, 301–402–1227. information pertaining to the meeting unwarranted invasion of personnel privacy. Date of Meeting: May 29, 1998. may also be obtained from the contact (Catalog of Federal Domestic Assistance Place of Meeting: Flow Building, person. Program No. 93.847–849, Diabetes, Endocrine Conference Room, 12501 Washington and Metabolic Diseases; Digestive Diseases Name of Committee: National Advisory and Nutrition; and Kidney Diseases, Urology Avenue, Rockville, MD 20852. Mental Health Council. and Hematology Research, National Institutes Open: May 29, 8:30 a.m. to 9:00 a.m. Date: May 14–15, 1998. of Health) Agenda: Discussion of administrative Closed: May 14, 1:00 p.m. to recess. Dated: April 21, 1998. details and other issues related to Place: Conference Room D, Parklawn management of intramural program LaVeen Ponds, Building, 5600 Fishers Lane, Rockville, MD research. Policy Analyst, NIH/CMO. 20857. Closed: May 29, 9:00 a.m. to Open: May 15, 8:30 a.m. to adjournment. [FR Doc. 98–11254 Filed 4–27–98; 8:45 am] adjournment. Place: Conference Room 6, Building 31C, BILLING CODE 4140±01±M Agenda: Review and evaluation of National Institutes of Health, 9000 Rockville intramural research projects of the Pike, Bethesda, MD 20892. laboratory of molecular and cellular Contact Person: Jane A. Steinberg, Ph.D., DEPARTMENT OF HEALTH AND neurobiology. HUMAN SERVICES Parklawn Building, Room 9–105, 5600 Dated: April 22, 1998. Fishers Lane, Rockville, MD 20857, National Institutes of Health LaVerne Y. Stringfield, Telephone: 301, 443–3367. Committee Management Officer, NIH. (Catalog of Federal Domestic Assistance National Institute on Alcohol Abuse [FR Doc. 98–11255 Filed 4–27–98; 8:45 am] Program Numbers 93.242, 93.281, 93.282) and Alcoholism; Notice of Meeting BILLING CODE 4140±01±M Dated: April 21, 1998. Pursuant to Pub. L. 92–463, notice is LaVeen Ponds, hereby given of a meeting of the Board Acting Committee Management Officer, NIH. of Scientific Counselors, National DEPARTMENT OF HEALTH AND [FR Doc. 98–11252 Filed 4–27–98; 8:45 am] Institute on Alcohol Abuse and HUMAN SERVICES BILLING CODE 4140±01±M Alcoholism. The meeting will be open to the National Institutes of Health public, only for the time period Center for Scientific Review; Notice of indicated, to discuss administrative Closed Meetings details or other issues relating to committee activities as indicated in the Pursuant to Section 10(d) of the notice. Attendance by the public will be Federal Advisory Committee Act, as 23296 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices amended (5 U.S.C. Appendix 2), notice for Scientific Review Special Emphasis Health Program Directors to fund the is hereby given of the following Center Panel (SEP) meetings: Technical Assistance Center (TA Center) for Scientific Review Special Emphasis Purpose/Agenda: To review individual for State Mental Health Planning. If the Panel (SEP) meetings: grant applications. application is recommended for Purpose/Agenda: To review individual Name of SEP: Microbiological and approval by the Initial Review Group, grant applications. Immunological Sciences. and the CMHS National Advisory Name of SEP: Behavioral and Date: May 5, 1998. Council concurs, funds will be made Neurosciences. Time: 10:30 a.m. available. This is not a formal request Date: May 1, 1998. Place: NIH, Rockledge 2, Room 4182, for applications. Assistance will be Time: 2:00 p.m. Telephone Conference. Contact Person: Dr. William Branche, provided only to the National Place: NIH, Rockledge 2, Room 5160, Association of State Mental Health Telephone Conference. Scientific Review Administrator, 6701 Contact Person: Dr. Samuel Rawlings, Rockledge Drive, Room 4182, Bethesda, Program Directors. Maryland 20892, (301) 435–1148. Scientific Review Administrator, 6701 Authority/Justification Rockledge Drive, Room 5160, Bethesda, This notice is being published less than 15 Maryland 20892, (301) 435–1243. days prior to the above meeting due to the The cooperative agreement will be This notice is being published less than 15 urgent need to meet timing limitations made under the authority of section imposed by the grant review and funding days prior to the above meeting due to the 1948(a) of the Public Health Service Act, urgent need to meet timing limitations cycle. Name of SEP: Clinical Sciences. as amended (42 U.S.C. 300x–58). A imposed by the grant review and funding single source award will be made to the cycle. Date: May 20, 1998. Time: 11:00 a.m. National Association of State Mental Name of SEP: Multidisciplinary Sciences. Place: NIH, Rockledge 2, Room 4106, Health Program Directors (NASMHPD) Date: May 31–June 1, 1998. Telephone Conference. based on its close relationship with the Time: 7:00 p.m. Contact Person: Ms. Josephine Pelham, Place: Key Bridge Marriott, Arlington, VA. single State mental health authorities Scientific Review Administrator, 6701 (SMHAs). This relationship provides Contact Person: Dr. Lee Rosen, Scientific Rockledge Drive, Room 4106, Bethesda, Review Administrator, 6701 Rockledge Drive, Maryland 20892, (301) 435–1786. NASMHPD with a unique qualification Room 5116, Bethesda, Maryland 20892, (301) The meetings will be closed in accordance to carry out the activities of this 435–1711. with the provisions set forth in secs. cooperative agreement, which require Name of SEP: Behavioral and 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. such an affiliation with the State Neurosciences. Applications and/or proposals and the agencies. As the organization Date: June 22–23, 1998. discussions could reveal confidential trade representing all State mental health Time: 8:30 a.m. secrets or commercial property such as agencies, NASMHPD is the only Place: Ramada Inn, Rockville, MD. patentable material and personal information organization whose membership is Contact Person: Dr. Joe Marwah, Scientific concerning individuals associated with the Review Administrator, 6701 Rockledge Drive, applications and/or proposals, the disclosure composed of the persons directly Room 5188, Bethesda, Maryland 20892, (301) of which would constitute a clearly responsible for the administration of 435–1253. unwarranted invasion of personal privacy. public mental health policies in the The meetings will be closed in accordance respective States. NASMHPD enjoys a (Catalog of Federal Domestic Assistance with the provisions set forth in secs. Program Nos. 93.306, 93.333, 93.337, 93.393– full 59-State and territorial membership 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. 93.396, 93.837–93.844, 93.846–93.878, of the Mental Health Services Block Applications and/or proposals and the 93.892, 93.893, National Institutes of Health, Grant recipients, as well as a full, discussions could reveal confidential trade HHS) continuous, and fruitful communication secrets or commercial property such as patentable material and personal information Dated: April 22, 1998. with the leadership and staff of these concerning individuals associated with the LaVerne Y. Stringfield, agencies. It thus has staff who are applications and/or proposals, the disclosure Committee Management Officer, NIH. uniquely knowledgeable about the of which would constitute a clearly [FR Doc. 98–11256 Filed 4–27–98; 8:45 am] needs of the States, and is in a unique unwarranted invasion of personal privacy. position to assess the actual and verified BILLING CODE 4140±01±M (Catalog of Federal Domestic Assistance needs of the States for technical Program Nos. 93.306, 93.333, 93.337, 93.393– assistance. 93.396, 93.837–93.844, 93.846–93.878, DEPARTMENT OF HEALTH AND Background 93.892, 93.893, National Institutes of Health, HUMAN SERVICES HHS) One of the primary goals of the Dated: April 20, 1998. Substance Abuse and Mental Health Community Mental Health Services LaVeen Ponds, Services Administration (SAMHSA) Block Grant is to assist States in the Acting Committee Management Officer, NIH. creation of a comprehensive, [FR Doc. 98–11249 Filed 4–27–98; 8:45 am] Cooperative Agreement With the community-based system of care for BILLING CODE 4140±01±M National Association of State Mental adults with severe mental illness and Health Program Directors children with serious emotional AGENCY: Center for Mental Health disturbances. The burden of providing DEPARTMENT OF HEALTH AND Services, SAMHSA, HHS. for mental health services lies primarily HUMAN SERVICES with the States. Block grant legislation ACTION: Cooperative agreement to requires CMHS to collaborate with the support a technical assistance center for National Institutes of Health States in meeting this obligation by States in planning mental health helping them to determine their needs services. Center for Scientific Review; Notice of and by cooperating with them in Closed Meetings SUMMARY: This notice is to provide identifying appropriate technical Pursuant to Section 10(d) of the information to the public concerning a assistance to help them in planning Federal Advisory Committee Act, as planned grant from the Center for ways of meeting their programmatic amended (5 U.S.C. Appendix 2), notice Mental Health Services (CMHS) to the obligations. is hereby given of the following Center National Association of State Mental The primary goals of this program are: Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23297

(1) To assist States in the on the availability of funds and program No private lands would be directly implementation of their mental health performance. affected by management direction block grant plans and the enhancement FOR FURTHER INFORMATION CONTACT: described under the Proposed Action or of their comprehensive coordinated Marie Danforth, M.S.W. or Velva Taylor alternatives. The planning area is systems of care to better serve adults Spriggs, L.I.S.W., CMHS/SAMHSA, located within the Northeastern Mojave with severe mental illness and children Parklawn Building, Room 15C–26, 5600 Recovery Unit, as defined by the with serious emotional disturbance; Fishers Lane, Rockville, Maryland Recovery Plan. The document discusses (2) To promote the development of 20857. Telephone (301) 443–4257. several alternatives for the protection of desert tortoise habitat and recovery of the Mental Health Planning Councils so Dated: April 21, 1998. they can assist the States in the species. Richard Kopanda, implementing mental health block grant DATES: Public Meetings will be held on plans and enhance their systems of care; Executive Officer, SAMHSA. June 17, 1998 at the Texas Station, 2101 (3) To collaborate with stakeholders [FR Doc. 98–11157 Filed 4–27–98; 8:45 am] Texas Star Lane in North Las Vegas, NV in the mental health system in the BILLING CODE 4162±20±P between 7 p.m. to 9 p.m. and on June expansion and dissemination of 18, 1998 at the Caliente Youth Center in knowledge and practices that will result Caliente, NV between 7 p.m. and 9 p.m. in long-lasting improvements in the DEPARTMENT OF THE INTERIOR The Caliente public meeting will be design, delivery, and evaluation of held in conjunction with the Mojave- public mental health services; Bureau of Land Management Southern Great Basin Resource (4) To assist States in developing [NV±040±1610±00] Advisory Council. Written comments on mental health systems that are the Draft EIS will be accepted until consumer oriented, sensitive to family Draft Caliente Management Framework August 14, 1998. member needs, and culturally Plan Amendment and Environmental ADDRESSES: Public comments may be competent; Impact Statement for the Management sent to: Bureau of Land Management, (5) To be able to determine the of Desert Tortoise Habitat Ely Field Office, Gene L. Drais, Project Manager, HC 33 Box 33500, Ely, NV ‘‘unmet need’’ and assist States in AGENCY: Bureau of Land Management, 98301–9408. developing strategies to ensure that the Interior. gap is bridged between the need for FOR FURTHER INFORMATION CONTACT: ACTION: Notice of availability of the Write to the above address or call Gene services and service availability and Draft Caliente Management Framework delivery. L. Drais, Project Manager at (702) 289– Plan amendment and environmental 1880. NASMHPD, through its needs impact statement for the management of assessment surveys, frequent contact in desert tortoise habitat, Lincoln County, ‘‘meet me’’ telephone conferences, focus NV; and notice of 90 day public SUPPLEMENTARY INFORMATION: The groups, semi-annual meetings, and comment period. Proposed Action would assist desert electronic communication channels, can tortoise recovery, while minimizing rapidly address information to the SUMMARY: The Draft Plan Amendment/ effects on human activities that occur specific needs of the States, its Environmental Impact Statement for the within Desert Tortoise habitat. It members, and evaluate member Caliente Management Framework Plan includes recommendations derived from response, and can communicate would implement management goals the Recovery Plan and public input, technical mental health information and actions for Bureau of Land multiple use considerations, as well as from the States to the TA Center and Management (BLM)-administered desert management actions designed to be vice versa. Such capability provides a tortoise habitat in Lincoln County, consistent with those proposed by singular benefit to the States in that Nevada. The Mojave desert tortoise adjacent BLM districts. The Proposed information that is invaluable to (Gopherus agassizii) was listed as a Action would: (1) Designate three Areas program success but generally threatened species in 1990, based on of Critical Environmental Concern unavailable because of Federal process declining numbers in some areas of its (ACECs); (2) implement management requirements becomes available to range. These goals and actions, prescriptions for desert tortoise habitat States through NASMHPD’s close recommended in the U.S. Fish and outside of the ACECs; (3) ensure BLM organizational relationship with its Wildlife Service’s approved Desert participation in a USFWS-developed members. Tortoise (Mojave Population) Recovery environmental education program; and Because of its research activities, this Plan, would assist the recovery and (4) implement a USFWS-approved organization is also able to identify the delisting of the desert tortoise in the interagency monitoring program. The prime movers in the mental health field, Northeastern Mojave Recovery Unit. three ACECs, totaling 212,500 acres, and to enlist them in the creation of This amendment is required to comply would protect 83 percent of designated authority-articulated clinical, with the Endangered Species Act of critical habitat. management, and fiscal model 1973 which mandates that all federal Management prescriptions, designed standards. Also through NASMHPD’s agencies will conserve and recover to improve desert tortoise habitat, membership, the TA Center’s listed species within their would modify or restrict some multiple knowledge base and technical assistance administrative units. The accompanying uses, including livestock grazing, off- extends to the State mental health EIS satisfies the National Environmental highway vehicle recreation, land use planning councils, to block grant sub- Policy Act, which mandates that federal authorizations, and mineral recipient programs, and thence to agencies analyze the environmental development within the ACECs. Section consumers and their families. consequences of major federal action. 7 consultation would continue to be The planning area for this amendment conducted with the USFWS on any Availability of Funds consists of approximately 754,600 acres federal action that might affect listed The project will be for a 3-year period of public land in southern Lincoln species. with $700,000 available for the first County, administered by the Caliente Alternative A (Habitat Management year. Future year funding will depend Field Station, within BLM’s Ely District. Alternative) contains management goals 23298 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices and actions that are similar to the alternatives and is required for a Dated: April 23, 1998. Proposed Action, with the exception of comprehensive NEPA analysis. Jeanette C. Takamura, the management direction proposed for Dated: April 15, 1998. Assistant Secretary for Aging. livestock grazing and recreation. Under Robert V. Abbey, [FR Doc. 98–11268 Filed 4–27–98; 8:45 am] this alternative, three ACECs would be BILLING CODE 4150±40±P designated and managed to achieve the State Director, Nevada. recovery of the desert tortoise through [FR Doc. 98–11195 Filed 4–27–98; 8:45 am] modifications to multiple use within BILLING CODE 4310±HC±M those special management areas. DEPARTMENT OF THE INTERIOR Livestock grazing within the ACECs would be managed according to forage National Park Service production criteria intended to meet the DEPARTMENT OF HEALTH AND Notice of Submission of Study desert tortoise recovery objectives. HUMAN SERVICES Recreation management direction would Package to the Office of Management also be modified to minimize conflicts Administration on Aging, HHS and Budget; Opportunity for Public with recovery efforts. Section 7 Comment consultation would continue to be [Program Announcement No. AoA±98±6] AGENCY: National Park Service, Interior. conducted with the USFWS on any ACTION: Notice of submission to OMB federal action that might affect listed Fiscal Year 1998 Program and request for comments for species. Announcement; Availability of Funds reinstatement, with change, of a Alternative B (DWMA Alternative) and Notice Regarding Applications previously approved collection for contains most of the management goals which approval has expired. and prescriptions recommended in the AGENCY: Administration on Aging, HHS. Recovery Plan, with less emphasis on ABSTRACT: The survey is used by NPS multiple use management of the public ACTION: Announcement of availability of funds and request for applications to for the purpose of collecting public lands. Two special management areas, interview data which are used to labeled Desert Wildlife Management carry out research on Alzheimer’s disease caregiving options. determine conversion factors used in Areas (DWMAs), would protect 52 converting electro-mechanical visitor percent of the desert tortoise designated counts into recreation visits. critical habitat. The DWMAs would SUMMARY: The Administration on Aging SUMMARY: contain approximately 300,800 acres (AoA) announces that under this Under the provisions of the and would be managed primarily for the program announcement it will hold a Paperwork Reduction Act of 1995 and 5 recovery of the desert tortoise. competition for a project to conduct CFR Part 1320, Reporting and Record Management prescriptions would not research on Alzheimer’s disease Keeping Requirements, the National authorize livestock grazing, mineral caregiving options and best practices, Park Service invites public comments development, many land use including respite care, assisted living, on a proposed information collection authorizations, and some types of the impact of intervention by social request (ICR) which has been submitted recreational activities within the service agencies on victims, and related to OMB for approval. Comments are DWMAs. No special management caregiving options. invited on: (1) The need for the attention, other than required Section 7 information including whether the The deadline date for the submission information has practical utility; (2) the consultation on federal actions that of applications is June 29, 1998. might affect listed species, would be accuracy of the reporting burden Applicant eligibility for this grant estimate; (3) ways to enhance the directed to the approximately 454,000 competition is limited by the applicable acres of desert tortoise habitat outside of quality, utility, and clarity of the funding provisions of the Omnibus information to be collected; and (4) the DWMAs, unless the desert tortoise Consolidated Appropriation Act of 1998 populations occupying that habitat were ways to minimize the burden of the (P.L. 105–78) which, by incorporating information collection on respondents, in jeopardy. both Senate Report 105–58 and House Alternative C (No Action Alternative) including use of automated collection Report 105–390 (Conference Committee) would continue management under the techniques or other forms of information provides $2 million ‘‘for social research approved Caliente MFP. Management technology. into Alzheimer’s disease care options recommendations from the Recovery A 60 Day Notice of Request for ** *’’ The Senate Report urges that the Plan either would not be implemented Extension of a Currently Approved research ‘‘utilize and give discretion to or would not be systematically or Collection of Information; Opportunity municipalities with aged populations comprehensively implemented. Section for Public Comment was published in 7 consultation with the USFWS would (over the age of 60) of over 1 million the Federal Register on February 11, continue to be conducted prior to the ** *’’ Accordingly, under this AoA 1997, Volume 62, #28, page 6266. No authorization of any federal action program announcement, to be eligible to replies were received from the public as affecting listed species. Management compete an applicant must be a result of the Federal Register Notice. direction would also be provided designated by the Mayor as officially Past NPS interviewer experiences show through the issuance of Biological representing a municipality with 1 that park visitors have a positive interest Opinions by the USFWS through million or more persons 60 years of age in participating in the surveys and in Section 7 consultation. Current and older. volunteering information in response to management directions for livestock Application kits are available by the survey questions. Due to grazing and off-highway vehicle events writing to the Department of Health and streamlining the scope of the survey, were developed as a result of Biological Human Services, Administration on there has been a reduction in 700 Opinions issued to minimize effects on Aging, Office of Program Development, burden hours from the previously desert tortoise habitat. The No Action 330 Independence Avenue, S.W., Room approved survey and as was indicated Alternative forms the baseline against 4274, Washington, DC 20201, or by in the February 11, 1997 Federal which to assess the effects of the calling 202/619–1269. Register Notice. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23299

DATES: Public Comments will be Estimated Annual Reporting Burden information will be used by park accepted on or before May 28, 1998. on Respondents: 200 hours. planners and managers to plan, develop, Send comments to: Office of Diane M. Cooke, and operate visitor services and Management and Budget, Office of Information Collection Clearance Officer, facilities in ways that maximize use of Information and Regulatory Affairs, WASO Administrative Program Center, limited park financial and personnel ATTN: Desk Officer for the Interior National Park Service. resources to meet the expectations and Department (1024–0036), Washington, [FR Doc. 98–11186 Filed 4–27–98; 8:45 am] desires of park visitors. There were no public comments DC 20503. Also send a copy of these BILLING CODE 4310±70±M received as a result of publishing in the comments to: Ms. Sandra D. Valdez, Federal Register a 60 day notice of Statistical Administrator, Public Use DEPARTMENT OF THE INTERIOR intention to request clearance of Statistics Office, National Park Service, information collection for this survey. 12795 W. Alameda Parkway, Denver, National Park Service DATES: Public comments will be CO 80225. The OMB has up to 60 days accepted on or before May 28, 1998. to approve or disapprove the Notice of Submission of Study SEND COMMENTS TO: Office of information collection but may respond Package to Office of Management and Information and Regulatory Affairs of after 30 days. Therefore, to ensure Budget; Opportunity for Public maximum consideration, OMB should OMB, Attention Desk Officer for the Comment Interior Department, Office of receive public comments thirty days Management and Budget, Washington, from the date listed at the top of this AGENCY: Department of the Interior; DC 20530; and also to: Send comments page in the Federal Register. National Park Service; and Mount Rushmore National Memorial. to David W. Lime, Ph.D., Senior All comments will become a matter of ACTION: Notice and request for Research Associate, Cooperative Park public record. Copies of the proposed comments. Studies Unit, Department of Forest ICR requirement can be obtained from Resources, University of Minnesota, 115 Ms. Sandra D. Valdez, Statistical ABSTRACT: The National Park Service Green Hall 1530 N. Cleveland Ave., St. Assistant, Public Use Statistics Office, (NPS) Visitor Service Project and Mount Paul, MN 55108. All comments will National Park Service, 12795 W. Rushmore National Memorial propose become a matter of public record. Alameda Parkway, Denver, CO 80225, to conduct visitor surveys to learn about Copies of the proposed ICR requirement (303) 987–6955. visitor demographics and visitor can be obtained from David W. Lime, Ph.D., Senior Research Associate, SUPPLEMENTARY INFORMATION: opinions about services and facilities in Mount Rushmore National Memorial. Cooperative Park Studies Unit, Title: Public Use Reporting. The results of the surveys will be used Department of Forest Resources, Bureau Form Number: None. by park managers to improve the service University of Minnesota, 115 Green Hall 1530 N. Cleveland Ave., St. Paul, MN OMB Number: 1024–0036. they provide to visitors while better protecting park natural and cultural 55108. Expiration Date of Approval: To be resources. A study package that The OMB has up to 60 days to assigned. includes the proposed survey approve or disapprove the information Type of Request: Request for questionnaire for the proposed Mount collection but may respond after 30 comments for reinstatement, with Rushmore National Memorial study has days. Therefore, to ensure maximum change, of a previously approved been submitted to the Office of consideration, OMB should receive collection for which approval has Management and Budget for review. public comments thirty days from the date listed at the top of this page in the expired. SUMMARY: Under the provisions of the Federal Register. Description of Need: The NPS needs Paperwork Reduction Act of 1995 and 5 FOR FURTHER INFORMATION OR A COPY OF information to determine conversion CFR part 1320, Reporting and Record THE STUDY PACKAGE SUBMITTED FOR OMB factors used in converting electro- Keeping Requirements, the NPS invites REVIEW, CONTACT: David Lime, phone: mechanical visitor counts into public comment on the proposed 612–624–2250. recreation visits. information collection request (ICR). Comments are invited on: (1) The need SUPPLEMENTARY INFORMATION: Automated Data Collection: At the Title: Mount Rushmore National present time, there is no automated way for the information including whether the information has practical utility; (2) Memorial 1998 Visitor Use Survey. to gather this information, since it Form: Not applicable. the accuracy of the reporting burden involves asking visitors questions about OMB Number: To be assigned. their park visit. estimate; (3) ways to enhance the Expiration Date: To be assigned. quality, utility, and clarity of the Type of Request: Request for new Description of Respondents: Samples information to be collected; and (4) of Individuals visiting parks. clearance. ways to minimize the burden of the Description of Need: The National Estimated Average Number of information collection on respondents, Park Service needs information Respondents: 4,000 (400 at each of 10 including the use of automated concerning visitor demographics and parks). collection techniques or other forms of visitor opinions about the services and Frequency of Response: One time per information technology. The purpose of facilities that the National Park Service respondent. the proposed ICR is to document the provides at Mount Rushmore National demographics of visitors to Mount Memorial for planning and management Estimated Average Number of Rushmore National Memorial, to learn purposes. Responses: Each respondent will about the motivations and expectations The proposed information to be respond only one time, so the number these visitors have for their park visit, collected regarding visitors in this park of responses will be the same as the and to obtain their opinions regarding is not available from existing records, number of respondents. services provided by the park and the sources, or observations. Estimate Average Burden Hours per suitability of the visitor facilities Automated Data Collection: At the Response: 3 minutes. maintained in the park. This present time, there is no automated way 23300 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices to gather this information, since it the fundraising policies included in Tazewell County includes asking visitors to evaluate National Park Service Management Cemetery Road Bridge, Candlewood Dr. services and facilities that they used Policies (1988) are being revised and within Glendale Cemetery, Washington, during their park visit. Special Directive 95–12, Special 98000467 Description of Respondents: A sample Directive 89–2, Staff Directive 84–1, and IOWA of visitors to Mount Rushmore National the October 15, 1986, Policy on Memorial. Fundraising and Philanthropy will be Hamilton County Esimated Average Number of rescinded. The new policies for Tremaine Bridge (Highway Bridges of Iowa Respondents: 400. donations and fundraising will be MPS), 280th St. over Boone R., Webster Estimated Average Number of issued as Director’s Order #21, in City vicinity, 98000519 Responses: Each respondent will conformance with the new system of Hardin County respond only one time, so the number NPS internal guidance documents. of responses will be the same as the Alden Bridge (Highway Bridges of Iowa MPS) Dated: April 17, 1998. number of respondents. Main St. over Iowa R., Alden, 98000517 Estimated Average Burden Hours Per Katherine H. Stevenson, Coal Bank Hill Bridge (Highway Bridges of Response: 20 minutes. Associate Director, Cultural Resource Iowa MPS), Near Co. Rd. VV over Iowa R., Frequency of Response: One time per Stewardship and Partnerships. Eldora City vicinity, 98000527 respondent. [FR Doc. 98–11187 Filed 4–27–98; 8:45 am] Iowa Falls Bridge (Highway Bridges of Iowa MPS), US 65 over Iowa R., Iowa Falls, Estimated Annual Reporting Burden: BILLING CODE 4310±70±P 98000516 120 hours. River Street Bridge (Highway Bridges of Iowa Diane M. Cooke, MPS), River St. over Iowa R., Iowa Falls, Information Collection Clearance Officer, DEPARTMENT OF THE INTERIOR 98000526 WASO Administrative Program Center, National Park Service Washington Avenue Bridge (Highway National Park Service. Bridges of Iowa MPS), US 20 over Iowa R., [FR Doc. 98–11188 Filed 4–27–98; 8:45 am] National Register of Historic Places; Iowa Falls, 98000518 BILLING CODE 4310±70±M Notification of Pending Nominations Henry County Fish Creek Bridge (Highway Bridges of Iowa Nominations for the following DEPARTMENT OF THE INTERIOR MPS), Hickory Rd. over Fish Cr., Salem properties being considered for listing vicinity, 98000524 National Park Service in the National Register were received Oakland Mills Bridge (Highway Bridges of by the National Park Service before Iowa MPS), Co. Rd. W55 over Skunk R., Notice of Availability of Draft Director's April 18, 1998. Pursuant to section Oakland Mills State Park, 98000525 Order Concerning Donations and 60.13 of 36 CFR part 60 written Humboldt County Fundraising Activities To Benefit the comments concerning the significance of these properties under the National Berkhimer Bridge (Highway Bridges of Iowa National Park Service MPS), 245th St. over Des Moines R., Register criteria for evaluation may be AGENCY: National Park Service, Interior. Humboldt vicinity, 98000523 forwarded to the National Register, Des Moines River Bridge (Highway Bridges of ACTION: Notice of availability. National Park Service, PO Box 37127, Iowa MPS), IA 3 over West Fork of Des Washington, DC 20013–7127. Written SUMMARY: Moines R., Humbolt vicinity, 98000522 The National Park Service comments should be submitted by May (NPS) is converting and updating its 13, 1998. Jasper County current system of internal instructions. Beth Savage, Red Bridge (Highway Bridges of Iowa MPS), When these documents contain new Co.Rd. S74 over South Skunk R., Monroe Acting, Keeper of the National Register. policy or procedural requirements that vicinity, 98000521 may affect parties outside the NPS, this Florida Johnson County information is being made available for Broward County public review and comment. Draft Sutliff Bridge (Highway Bridges of Iowa Director’s Order #21 establishes a Link Trainer Building, 4050 SW 14th Ave., MPS), Sutliff Rd. over Cedar R., Iowa City comprehensive policy to guide NPS Ft. Lauderdale, 98000454 vicinity, 98000520 acceptance of private sector support. ILLINOIS Jones County DATES: Written comments will be Carroll County Fremont Mill Bridge (Highway Bridges of accepted until June 29, 1998. Iowa MPS), Pedestrian path over small Franks, Charles, House, 34431 US 52, Lanark # pond in Central Park, Anamosa vicinity, ADDRESSES: Draft Director’s Order 21 is vicinity, 98000459 available on the Internet at http:// 98000537 www.nps.gov/refdesk/DOrders/ Cook County Hale Bridge (Highway Bridges of Iowa MPS), index.htm. Requests for copies and Banta, Nathaniel Moore, House, 514 N. Vail 100th St. over Wapsipinicon R., Oxford Ave., Arlington Heights, 98000465 Junction vicinity, 98000539 written comments should be sent to Sue Lower Road Bridge (Highway Bridges of Iowa Waldron, National Park Service, Jasper County MPS), Buffalo Rd. over branch of Partnership Office, 1849 C Street, NW., Embarras River Bridge, Wade Township Rd. Wapsipinicon R., Anamosa vicinity, Room 3128, Washington, DC 20240. 164 over Embarras R., Newton, 98000472 98000536 FOR FURTHER INFORMATION CONTACT: Sue Moore’s Ford Bridge (Highway Bridges of Waldron at (202) 208–5477. McDonough County Iowa MPS), 25th Ave. over White Water Cr., Monticello City vicinity, 98000538 SUPPLEMENTARY INFORMATION: The NPS Western Illinois State Normal School Building, 1 University Cir., Macomb, is revising the policies and procedures Kossuth County 98000470 that guide its acceptance of donations Des Moines River Bridge (Highway Bridges of and its relationships to those who desire Stephenson County Iowa MPS), Co. Rd. P14 over East Fork of to raise private sector support to benefit Soldiers’ Monument, 15 N. Galena Ave., Des Moines R., Swea City vicinity, parks and programs. To accomplish this, Freeport, 98000461 98000535 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23301

Lee County Marion County Skunk River Bridge (Highway Bridges of Bridgeport Bridge (Highway Bridges of Iowa Hammond Bridge (Highway Bridges of Iowa Iowa MPS), 255th St. over Skunk R., Ames MPS), Old Quarry Rd., Denmark vicinity, MPS), 170th Pl. over North Cedar Cr., vicinity, 98000484 98000533 Hamilton vicinity, 98000500 Tama County Harvey Railroad Bridge (Highway Bridges of Linn County Chambers Ford Bridge (Highway Bridges of Iowa MPS), Harvey Island Rd., Harvey Iowa MPS), 385th St. over Iowa R., Chelsea Bertram Bridge (Highway Bridges of Iowa vicinity, 98000502 vicinity, 98000482 MPS), Ely St. over Big Cr., Bertram, Wabash Railroad Bridge (Highway Bridges of Le Grand Bridge (Highway Bridges of Iowa 98000531 Iowa MPS), 216th Pl. over Des Moines R., MPS), Abbot Ave. over Iowa R., Le Grand Chain Lakes Bridge (Highway Bridges of Iowa Pella vicinity, 98000501 MPS), Pedestrian trail over Cedar R., vicinity, 98000481 Hiawatha vicinity, 98000529 Marshall County Toledo Bridge (Highway Bridges of Iowa MPS), Ross St. over Deer Cr., Toledo, First Avenue Bridge (Highway Bridges of Le Grand Bridge (Highway Bridges of Iowa 98000480 Iowa MPS), US 151 over Cedar R., Cedar MPS), Co. Rd. T37 over backwater of Iowa Rapids, 98000530 R., Le Grand vicinity, 98000499 Union County IANR Railroad Underpass (Highway Bridges Minerva Creek Bridge (Highway Bridges of Grand River Bridge (Highway Bridges of Iowa of Iowa MPS), Ely Rd., Cedar Rapids, Iowa MPS), Co. Rd. S52 over Minerva Cr., 98000528 MPS), 230th St. over Grand R., Arispe Clemons vicinity, 98000497 vicinity, 98000479 Indian Creek Bridge (Highway Bridges of Quarry Bridge (Highway Bridges of Iowa Iowa MPS), Artesian Rd. over Indian Cr., MPS), Co. Rd. I–4 over Iowa R., Van Buren County Cedar Rapids vicinity, 98000514 Marshalltown vicinity, 98000498 Eisenhower Bridge (Highway Bridges of Iowa Indian Creek Bridge (Highway Bridges of MPS), 3 miles E. of Co. Rd. V56, Milton Iowa MPS), Artesian Rd. over Indian Cr., Mills County Marion vicinity, 98000515 vicinity, 98000478 Nishnabotna River Bridge (Highway Bridges Keosauqua Bridge (Highway Bridges of Iowa Matsell Bridge (Highway Bridges of Iowa of Iowa MPS), Co. Rd. M16 over MPS), Natsell Park Rd. over Wapsipinicon MPS), IA 1 over Des Moines R., Keosauqua, Nishnabotna R., Henderson vicinity, 98000476 R., Springville vicinity, 98000534 98000496 Upper Paris Bridge (Highway Bridges of Iowa Kilbourn Bridge (Highway Bridges of Iowa MPS), Sutton rd. over Wapsipinicon R., Mitchell County MPS), 3 miles W. of IA 1, Kilbourn, 98000477 Coggin vicinity, 98000532 Otranto Bridge (Highway Bridges of Iowa Louisa County MPS), 480th Ave. over Big Cedar R., St. Wapello County Ansgar vicinity, 98000495 County Line Bridge (Highway Bridges of Jefferson Street Viaduct (Highway Bridges of Iowa MPS), 140th Blk., County Line Rd. Montgomery County Iowa MPS), Jefferson St. over Des Moines R., Ottumwa, 98000475 over Long Cr., Columbus Junction vicinity, Nodaway River Bridge (Highway Bridges of 98000513 Iowa MPS), Pedestrian path in Pilot Grove Warren County Gipple’s Quarry Bridge (Highway Bridges of County Park, Grant vicinity, 98000494 Iowa MPS), 100 Blk. V Ave. over Coal Creek Bridge (Highway Bridges of Iowa Buffington Cr., Columbus Junction vicinity, Muscatine County MPS), 2404 Fillmore St. over Coal Cr., Carlisle vicinity, 98000473 98000512 Big Slough Creek Bridge (Highway Bridges of Lucas County Iowa MPS), Bancroft Ave. over Big Slough Washington County Cr., Nichols vicinity, 98000492 Burlington Railroad Overpass (Highway CM and StP Railroad Underpass (Highway Bridge near West Liberty (Highway Bridges of Bridges of Iowa MPS), Co. Rd. S23 over Bridges of Iowa MPS), Co. Rd. G38 over Iowa MPS), 130th St. over unnamed Burlington Northern RR, Chariton vicinity, Soo RR, Washington vicinity, 98000469 stream, West Liberty vicinity, 98000491 98000511 Rubio Bridge (Highway Bridges of Iowa Pine Mill Bridge (Highway Bridges of Iowa MPS), Over Skunk R., Rubio vicinity, Lyon County MPS), over Pine Cr. in Wildcat Den State 98000471 Park, Muscatine vicinity, 98000493 Klondike Bridge (Highway Bridges of Iowa Winneshiek County MPS), 180th St. over Big Sioux R., Polk County Larchwood vicinity, 98000510 Fort Atkinson Bridge (Highway Bridges of Court Avenue Bridge (Highway Bridges of Iowa MPS), 150th St. over Turkey R., Fort Madison County Iowa MPS), Court Ave. over Des Moines R., Atkinson, 98000460 Cunningham Bridge (Highway Bridges of Des Moines, 98000489 Gilliece Bridge (Highway Bridges of Iowa Iowa MPS), Upland Trail over North R., Herrold Bridge (Highway Bridges of Iowa MPS), Cattle Creek Rd. over Upper Iowa R., Bevington vicinity, 98000509 MPS), NW 88th Ave. over Beaver Cr., Bluffton vicinity, 98000464 Miller Bridge (Highway Bridges of Iowa Herrold vicinity, 98000490 Lawrence Bridge (Highway Bridges of Iowa MPS), McBride Trail over unnamed stream, Southwest Fifth St. Bridge (Highway Bridges MPS), 330th Ave. over Little Turkey R., Winterset vicinity, 98000508 of Iowa MPS), SW Fifth St. over Raccoon Jackson Junction, 98000462 Morgan Bridge (Highway Bridges of Iowa R., Des Moines, 98000487 Ten Mile Creek Bridge (Highway Bridges of MPS), Maple Lane over branch of Clanton Iowa MPS), Happy hollow Rd. over Ten Poweshiek County Cr., Peru vicinity, 98000507 Mile Cr., Decorah vicinity, 98000466 McDowell Bridge (Highway Bridges of Iowa Turkey River Bridge (Highway Bridges of Mahaska County MPS), River Rd. over North Skunk R., Iowa MPS), Little Church Rd. over Turkey Bellefountain Bridge (Highway Bridges of Montezuma vicinity, 98000488 R., Festina vicinity, 98000468 Iowa MPS), Ashland Ave. over Des Moines Upper Bluffton Bridge (Highway Bridges of Story County R., Tracy vicinity, 98000506 Iowa MPS), Ravine Rd. over Upper Iowa R., Bridge near New Sharon (Highway Bridges of Calamus Creek Bridge (Highway Bridges of Bluffton, 98000458 Iowa MPS), Co. Rd. G29 over drainage Iowa MPS), 325th St. over Calamus Cr., ditch, New Sharon vicinity, 98000505 Maxwell vicinity, 98000486 Wright County Eveland Bridge (Highway Bridges of Iowa East Indian Creek Bridge (Highway Bridges of Boone River Bridge (Highway Bridges of Iowa MPS), Fulton Ave. over Des Moines R., Iowa MPS), 260th St. over East Indian Cr., MPS), Buchanan Ave. over Boone R., Oskaloosa vicinity, 98000504 Nevada vicinity, 98000485 Goldfield vicinity, 98000457 North Skunk River Bridge (Highway Bridges Keigley Branch Bridge (Highway Bridges of Cornelia Lake Bridge (Highway Bridges of of Iowa MPS), Co. Rd. G13 over North Iowa MPS), 550th St. over Keigley Branch, Iowa MPS), Over inlet of Cornelia Lake, Skunk R., New Sharon vicinity, 98000503 Gilbert vicinity, 98000483 Clarion vicinity, 98000455 23302 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

Goldfield Bridge (Highway Bridges of Iowa OHIO the United States founder or sponsor of MPS), Oak St. over Boone R., Goldfield, Mahoning County the overseas institution. 98000456 The Office of American Schools and Forest Glen Estates Historic District, Roughly LOUISIANA bounded by Homestead Dr., Glenwood Hospitals Abroad (ASHA) will accept Vernon Parish Burr’s Ferry Bridge, LA 8 at Ave., Alburn Dr., and Market St., applications for assistance in fiscal year the TX state line, Burr Ferry vicinity, Boardman Township, 98000565 1999 and beyond, if received by ASHA 98000563 on or before June 30, for the next fiscal PENNSYLVANIA year. MARYLAND Fulton County FOR FURTHER INFORMATION CONTACT: Wicomico County Burnt Cabins Historic District (Lincoln The Office of American Schools and Maple Leaf Farm Potato House, 26632 Porter Highway Heritage Corridor Historic Hospitals Abroad (ASHA), (202) 712– Mill Rd., Hebron vicinity, 98000544 Resources:Franklin to Westmoreland Co. 0510. MPS), LR23905 and US 522, Dublin, SUPPLEMENTARY INFORMATION: MASSACHUSETTS 98000566 Title: American Schools and Hospitals Barnstable County SOUTH CAROLINA Abroad. Paine Hollow Road South Historic District, Anderson County Form No.: A.I.D.1010–2. Roughly along Paine Hollow Rd., and 0 OMB No.: 0512–0011. Raywid Way, Wellfleet, 98000540 Anderson College Historic District, 316 Boulevard Ave., Anderson, 98000556 Type of Submission: Acceptance of Sunders—Paine House, 260 Paine Hollow Application for Assistance. Rd., Wellfleet, 98000474 Dillon County Abstract: The application is used by Townsend House, 290 Paine Hollow Rd., Latta Downtown Historic District (Latta Wellfleet, 98000542 U.S. founders and sponsors in applying MRA), Roughly along E. and W. Main Sts., for grant assistance from ASHA on Middlesex County Latta, 98000555 behalf of their institution(s) overseas. Lowell Cemetery, 984 Lawrence St., Lowell, Edgefield County ASHA is a competitive grant program. 98000543 Bettis Academy and Junior College, Jct. of Decisions are based on an annual Wannalancit Street Historic District, 14–71 Bettis Academy Rd. and Nicholson Rd., comparative review of all applications Wannalancit St., and 390, 406 Pawtucket Trenton vicinity, 98000560 requesting assistance in the fiscal year, St., Lowell, 98000541 pursuant to Section 214 of the Foreign Greenville County NEW YORK Assistance Act, as amended. West End Commercial Historic District Annual Reporting Burden: Albany County (Boundary Increase), 631 S. Main St., Respondents: U.S. Not-for-profit Greenville, 98000559 District School No. 1, NY 144, Bethlehem, organizations. 98000553 Greenwood County Number of Respondents: 85. Erie County Greenville Presbyterian Church, Greenville Estimated Total Annual Hour Burden Spaulding—Sidway Boathouse, 2296 W. Church Rd., Donalds vicinity, 98000561 on Respondents: 12. Oakfield Rd., Grand Island, 98000552 Oconee County Dated: April 10, 1998. Oneida County Keil Farm, 178 Keil Farm Rd., Walhalla Mable S. Meares, Vernon Methodist Church, ct. of NY 5 and vicinity, 98000557 Director, Office of American Schools and Hospitals Abroad, Bureau for Humanitarian Sconondoa St., Vernon, 98000547 Spartanburg County Response. Orange County New Hope Farm, 10088 Greenville Hwy., [FR Doc. 98–11222 Filed 4–27–98; 8:45 am] Wellford, 98000558 Randel, Culver, House and Mill, 65 Randall BILLING CODE 6116±01±M St., Florida, 98000554 TEXAS Saratoga County Newton County Oakcliff, 78 Church Hill Rd., Crescent, Burr’s Ferry Bridge, TX 63 at the LA state NATIONAL AERONAUTICS AND 98000548 line, Burkeville vicinity, 98000562 SPACE ADMINISTRATION Tioga County WISCONSIN [Docket 98±059] Hiawatha Farm, 2293 NY 17C, Owego, Washington County 98000551 NASA Advisory Council (NAC), Task Schwartz Ballroom, 700 S. Main St., Force on the Shuttle-Mir Rendezvous Ulster County Hartford, 98000564 and Docking Missions; Meeting Dubois—Kierstede Stone House, 119 Main [FR Doc. 98–11194 Filed 4–27–98; 8:45 am] St., Saugerties, 98000550 AGENCY: National Aeronautics and BILLING CODE 4310±70±P Space Administration. Warren County ACTION: Notice of meeting. Sanford House, 749 Ridge Rd., Queensbury, 98000549 AGENCY FOR INTERNATIONAL SUMMARY: In accordance with the DEVELOPMENT NORTH CAROLINA Federal Advisory Committee Act, Pub. L. 92–463, as amended, the National Alamance County Notice of Acceptance of the American Aeronautics and Space Administration Saxapahaw Spinning Mill, Former, 1647 Schools and Hospitals Abroad (ASHA) announces an open meeting of the NAC Saxapahaw Bethlehem Church Rd., Application for Assistance Task Force on the Shuttle-Mir Saxapahaw, 98000546 SUMMARY: This applicant notice is for Rendezvous and Docking Missions. Macon County private U.S. organizations requesting Some members of the Task Force will be Wilson Log House (Macon County MPS), NC grant assistance for overseas institutions participating via telecon. 1621, 1.4 mi. NW. of jct. with NC 1620, under section 214 of the Foreign DATES: May 20, 1998, 1:00 p.m. to 4:00 Highlands vicinity, 98000545 Assistance Act. ‘‘Applicant’’ refers to p.m. Central Daylight Time. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23303

ADDRESS: Lyndon B. Johnson Space Dated: April 23, 1998. Fire of Tractor/Cargo Tank Center, National Aeronautics and Space M. Rebecca Winkler, Semitrailer and Passenger Vehicle, Administration, Building 1, Room 920L, Committee Management Officer. October 9, 1997 Houston, TX 77058–3696. [FR Doc. 98–11202 Filed 4–27–98; 8:45 am] NEWS MEDIA CONTACT: Telephone (202) FOR FURTHER INFORMATION CONTACT: BILLING CODE 7555±01±M 314–6100. Mr. Dennis McSweeney, Code IH, FOR MORE INFORMATION CONTACT: National Aeronautics and Space Rhonda Underwood, (202) 314–6065. Administration, Washington, DC 20546– NATIONAL SCIENCE FOUNDATION 0001, 202/358–4556. Dated: April 24, 1998. Rhonda Underwood, SUPPLEMENTARY INFORMATION: This Advisory Committee for Social, meeting will be open to the public up Behavioral, and Economic Sciences; Federal Register Liaison Officer. to the seating capacity of the room. The Meeting [FR Doc. 98–11442 Filed 4–24–98; 3:43 pm] agenda for the meeting is as follows: In accordance with the Federal BILLING CODE 7533±01±M —Review the readiness of the STS–91 Advisory Committee Act (Pub. L. 92– Shuttle-Mir Rendezvous and Docking 463, as amended), the National Science Mission. Foundation announces the following NUCLEAR REGULATORY It is imperative that the meeting be meeting: COMMISSION held on these dates to accommodate the Name: Advisory Committee for Social, Agency Information Collection scheduling priorities of the key Behavioral, and Economic Sciences (1171). Activities: Submission for OMB participants. Visitors will be requested Date and Time: May 20, 1998; 9 a.m.–5 Review; Comment Request to sign a visitors register. p.m.; May 21, 1998; 9 a.m.–3:30 p.m. Place: NSF, Room 1235, NSF, 4201 Wilson AGENCY: U.S. Nuclear Regulatory Dated: April 22, 1998. Blvd., Arlington, Va. 22230. Mathew M. Crouch, Type of Meeting: Open. Commission (NRC). Advisory Committee Management Officer, Contact Person: Ms. Catherine J. Hines, ACTION: Notice of the OMB review of National Aeronautics and Space Executive Secretary; Directorate for Social, information collection and solicitation Administration. Behavioral, and Economic Sciences, NSF, of public comment. [FR Doc. 98–11267 Filed 4–27–98; 8:45 am] Suite 905; 4201 Wilson Blvd., Arlington, Va. 22230. Telephone: (703) 306–1741. SUMMARY: The NRC has recently BILLING CODE 7510±01±M Minutes: May be obtained from the contact submitted to OMB for review the person listed above. following proposal for the collection of Purpose of Meeting: To provide advice and NATIONAL SCIENCE FOUNDATION recommendations to the National Science information under the provisions of the Foundation on major goals and policies Paperwork Reduction Act of 1995 (44 Long Term Durability of Materials and pertaining to SBE programs and activities. U.S.C. Chapter 35). The NRC hereby Structures; Special Emphasis Panel in Agenda: Discussions on issues, role, and informs potential respondents that an Civil and Mechanical Systems; Notice future direction of the NSF Directorate for agency may not conduct or sponsor, and of Meeting Social, Behavioral and Economic Sciences. that a person is not required to respond Dated: April 23, 1998. to, a collection of information unless it In accordance with the Federal M. Rebecca Winkler, displays a currently valid OMB control Advisory Committee Act Public Law Committee Management Officer. number. 92–463, as amended, the National [FR Doc. 98–11201 Filed 4–27–98; 8:45 am] 1. Type of submission, new, revision, Science Foundation announces the BILLING CODE 7555±01±M or extension: Revision. following meeting: 2. The title of the information Name: Long Term Durability of Materials collection: ‘‘Licensee Event Report’’. and Structures (1205). NATIONAL TRANSPORTATION 3. The form number if applicable: Date & Time: May 14, 18, and 19, 1998; SAFETY BOARD NRC Form 366. 8:30 a.m. to 5:00 p.m. 4. How often the collection is Place: NSF, 4201 Wilson Boulevard, Sunshine Act Meeting required: On occasion. Rooms 310, 375, 410, 530, 580, 1020 and 5. Who will be required or asked to 1295 Arlington, Virginia 22230. TIME AND DATE: 9:30 a.m., Tuesday, May report: Holders of Operating Licenses Contact Person: Dr. Jorn Larsen-Basse, 5, 1998. Program Director, Control, Materials and for Commercial Nuclear Power Plants. Mechanics Cluster, Division of Civil and PLACE: NTSB Board Room, 5th Floor, 6. An estimate of the number of Mechanical Systems, Room 545, NSF, 4201 490 L’Enfant Plaza, SW., Washington, responses: 1,600 per year. Wilson Blvd., Arlington, VA 22230. 703/306– DC 20594. 7. The estimated number of annual 1361, x 5073. STATUS: Open. respondents: 109 Holders of Operating Purpose of Meeting: To provide advice and MATTERS TO BE CONSIDERED: Licenses for Commercial Nuclear Power recommendations concerning proposals submitted to NSF for financial support. 5299D—‘‘Most Wanted’’ Safety Plants. Agenda: To review and evaluate Long- Recommendation Program Status 8. An estimate of the total number of Term Durability of Materials and Structures Report and Suggested Modification hours needed annually to complete the research proposals as part of the selection 6773A—Marine Special Investigation requirement or request: Approximately process for awards. Report—Postaccident Alcohol and 50 hours per response. The total Reason for Closing: The proposals being Other Drug Testing in the Marine industry burden is 80,000 hours. reviewed include information of a Industry and the Ramming of the 9. An indication of whether Section proprietary or confidential nature, including Portland South Portland Bridge at 3507(d), Pub. L. 104–13 applies: Not technical information; financial data, such as salaries; and personal information Portland, Maine, by the Liberian Applicable concerning individuals associated with the Tankship Julie N on September 27, 10. Abstract: NRC collects reports of proposals. These matters are exempt under 5 1996 operational events at commercial U.S.C. 552b(c) (4) and (6) of the Government 6996—Highway/Hazardous Material nuclear power plants in order to Sunshine Act. Summary Report—Collision and incorporate lessons of that experience in 23304 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices the licensing process and to feed back cooldown under current TS of this T. S. requirement. This has been the lessons of that experience to the requirements would require monitoring confirmed by initial startup testing results nuclear industry. reactor vessel shell flange temperature and the past 25 years of service. b. The proposed amendment does not A copy of the final supporting to maintain the vessel flange to adjacent create the possibility of a new or different statement may be viewed free of charge vessel shell differential temperature at kind of accident from any accident at the NRC Public Document Room, less than 145 degrees Fahrenheit. previously evaluated. 2120 L Street, NW (lower level), However, the current condition of the T/C’s [thermocouples] used to monitor Washington, DC. OMB clearance vessel shell flange thermocouples reactor vessel flange to adjacent shell DT requests are available at the NRC prohibits accurate monitoring of the [differential temperature] are used only worldwide web site (http:// metal surface temperature to meet this during normal startup and shutdown www.nrc.gov) under the FedWorld TS requirement. The thermocouples are conditions, and removal of the T. S. requirement to monitor this differential collection link on the home page tool considered inoperable due to temperature will have no affect on the design bar. The document will be available on inconsistencies in their readouts. basis accident conditions. Moderator the NRC home page site for 60 days after Because the need for plant shutdown temperature and pressure are monitored and, the signature date of this notice. and cooldown cannot be forecasted in in the event fluid ramp rates exceed design Comments and questions should be advance, BECo has requested review of basis requirements, an evaluation must be directed to the OMB reviewer by May the submitted change under exigent performed to determine the effect on 28, 1998: Erik Godwin, Office of circumstances to avoid a future short- structural integrity of the reactor vessel and Information and Regulatory Affairs notice request and possible violation of components. ASME Code Section XI, Appendix E, Ref. [11] [see application dated (3150–0104), NEOB–10202, Office of current TS requirements. BECo has March 25, 1998], provides a method for Management and Budget, Washington, made a good faith effort to prepare the evaluating an operating event that causes DC 20503. proposed license amendment for NRC excursion outside these limits. Comments can also be submitted by approval as expeditiously as practicable. c. The proposed amendment does not telephone at (202) 395–3084. Before issuance of the proposed involve a significant reduction in the margin The NRC Clearance Officer is Brenda license amendment, the Commission of safety. Jo Shelton, 301–415–7233. will have made findings required by the Stress and fracture toughness calculations, Ref.[10] [see application dated March 25, Dated at Rockville, Maryland, this 21st day Atomic Energy Act of 1954, as amended (the Act) and the Commission’s 1998], have shown removal of the T. S. DT of April 1998. requirement will not increase levels above For the Nuclear Regulatory Commission. regulations. the conservative design basis limits Brenda Jo Shelton, Pursuant to 10 CFR 50.91(a)(6) for previously established in the analysis of amendments to be granted under NRC Clearance Officer, Office of the Chief record, Ref.[3] [see application dated March Information Officer. exigent circumstances, the NRC staff 25, 1998], or those stated in the FSAR, Ref.[1] must determine that the amendment [see application dated March 25, 1998]. The [FR Doc. 98–11245 Filed 4–27–98; 8:45 am] request involves no significant hazards loadings used to determine stresses are the BILLING CODE 7590±01±P consideration. Under the Commission’s same provided by the original equipment regulations in 10 CFR 50.92, this means designer and manufacturer. The calculated stress levels and fatigue damage assessment NUCLEAR REGULATORY that operation of the facility in for the existing condition are essentially COMMISSION accordance with the proposed unchanged from the values reported in the amendment would not (1) involve a reactor vessel analysis of record, Ref.[3] [see [Docket No. 50±293] significant increase in the probability or application dated March 25, 1998]. The consequences of an accident previously results of the recent analysis, Ref.[10] [see Boston Edison Company; Notice of evaluated; or (2) create the possibility of application dated March 25, 1998], show that Consideration of Issuance of a new or different kind of accident from the margins of safety, as defined in the bases Amendment to Facility Operating any accident previously evaluated; or for the Pilgrim T. S. and the FSAR, are not License, Proposed No Significant reduced and vessel integrity will be (3) involve a significant reduction in a maintained during all normal and transient Hazards Consideration Determination, margin of safety. As required by 10 CFR and Opportunity for a Hearing conditions previously analyzed and reported 50.91(a), the licensee has provided its in the FSAR. analysis of the issue of no significant The U.S. Nuclear Regulatory The NRC staff has reviewed the hazards consideration, which is Commission (the Commission) is licensee’s analysis and, based on this presented below: considering issuance of an amendment review, it appears that the three to Facility Operating License No. DPR– a. The proposed amendment does not standards of 10 CFR 50.92(c) are 35, issued to Boston Edison Company involve a significant increase in the satisfied. Therefore, the NRC staff (BECo/the licensee), for operation of the probability or consequences of an accident proposes to determine that the Pilgrim Nuclear Power Station located previously evaluated. The recent analysis, Ref.[10], [see amendment request involves no in Plymouth, Massachusetts. application dated March 25, 1998] has shown significant hazards consideration. The proposed amendment would design and licensing bases for reactor vessel The Commission is seeking public modify Technical Specification (TS) integrity will be maintained, and results comments on this proposed Section 3.6.A.1 to remove the supporting the T. S. change show the determination. Any comments received requirement that the reactor vessel conclusions reached remain unchanged from within 14 days after the date of flange and adjacent shell differential previous conclusions reached in Ref.[3] [see publication of this notice will be temperature be monitored during application dated March 25, 1998] and as considered in making any final heatup and cooldown events and also described in the [final safety analysis report] determination. removes the 145 degrees Fahrenheit FSAR, Ref.[1] [see application dated March Normally, the Commission will not 25, 1998]. Structural integrity for design basis differential temperature limit. loading conditions is assured, based on the issue the amendment until the By letter dated April 8, 1998, the results of Ref.[10] [see application dated expiration of the 14-day notice period. licensee requested that the proposed TS March 25, 1998]. The ability to control plant However, should circumstances change change be reviewed under exigent heatup and cooldown rates has been shown during the notice period, such that circumstances. A normal plant by analysis to be unaffected by the removal failure to act in a timely way would Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23305 result, for example, in derating or As required by 10 CFR 2.714, a participate fully in the conduct of the shutdown of the facility, the petition for leave to intervene shall set hearing, including the opportunity to Commission may issue the license forth with particularity the interest of present evidence and cross-examine amendment before the expiration of the the petitioner in the proceeding, and witnesses. 14-day notice period, provided that its how that interest may be affected by the If the amendment is issued before the final determination is that the results of the proceeding. The petition expiration of the 30-day hearing period, amendment involves no significant should specifically explain the reasons the Commission will make a final hazards consideration. The final why intervention should be permitted determination on the issue of no determination will consider all public with particular reference to the significant hazards consideration. If a and State comments received. Should following factors: (1) The nature of the hearing is requested, the final the Commission take this action, it will petitioner’s right under the Act to be determination will serve to decide when publish in the Federal Register a notice made a party to the proceeding; (2) the the hearing is held. of issuance. The Commission expects nature and extent of the petitioner’s that the need to take this action will property, financial, or other interest in If the final determination is that the occur very infrequently. the proceeding; and (3) the possible amendment request involves no Written comments may be submitted effect of any order which may be significant hazards consideration, the by mail to the Chief, Rules and entered in the proceeding on the Commission may issue the amendment Directives Branch, Division of petitioner’s interest. The petition should and make it immediately effective, Administrative Services, Office of also identify the specific aspect(s) of the notwithstanding the request for a Administration, U.S. Nuclear Regulatory subject matter of the proceeding as to hearing. Any hearing held would take Commission, Washington, DC 20555– which petitioner wishes to intervene. place after issuance of the amendment. 0001, and should cite the publication Any person who has filed a petition for If the final determination is that the date and page number of this Federal leave to intervene or who has been amendment request involves a Register notice. Written comments may admitted as a party may amend the significant hazards consideration, any also be delivered to Room 6D59, Two petition without requesting leave of the hearing held would take place before White Flint North, 11545 Rockville Board up to 15 days prior to the first the issuance of any amendment. Pike, Rockville, Maryland, from 7:30 prehearing conference scheduled in the a.m. to 4:15 p.m. Federal workdays. proceeding, but such an amended A request for a hearing or a petition Copies of written comments received petition must satisfy the specificity for leave to intervene must be filed with may be examined at the NRC Public requirements described above. the Secretary of the Commission, U.S. Document Room, the Gelman Building, Not later than 15 days prior to the first Nuclear Regulatory Commission, 2120 L Street, NW., Washington, DC. prehearing conference scheduled in the Washington, DC 20555–0001, Attention: The filing of requests for hearing and proceeding, a petitioner shall file a Rulemakings and Adjudications Staff, or petitions for leave to intervene is supplement to the petition to intervene may be delivered to the Commission’s discussed below. which must include a list of the Public Document Room, the Gelman By May 28, 1998, the licensee may file contentions which are sought to be Building, 2120 L Street, NW., a request for a hearing with respect to litigated in the matter. Each contention Washington, DC, by the above date. A issuance of the amendment to the must consist of a specific statement of copy of the petition should also be sent subject facility operating license and the issue of law or fact to be raised or to the Office of the General Counsel, any person whose interest may be controverted. In addition, the petitioner U.S. Nuclear Regulatory Commission, affected by this proceeding and who shall provide a brief explanation of the Washington, DC 20555–0001, and to wishes to participate as a party in the bases of the contention and a concise W.S. Stowe, Esquire, Boston Edison proceeding must file a written request statement of the alleged facts or expert Company, 800 Boylston Street, Boston, for a hearing and a petition for leave to opinion which support the contention Massachusetts 02199, attorney for the intervene. Requests for a hearing and a and on which the petitioner intends to licensee. petition for leave to intervene shall be rely in proving the contention at the Nontimely filings of petitions for filed in accordance with the hearing. The petitioner must also leave to intervene, amended petitions, Commission’s ‘‘Rules of Practice for provide references to those specific supplemental petitions and/or requests Domestic Licensing Proceedings’’ in 10 sources and documents of which the for hearing will not be entertained CFR Part 2. Interested persons should petitioner is aware and on which the absent a determination by the consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish Commission, the presiding officer or the which is available at the Commission’s those facts or expert opinion. Petitioner presiding Atomic Safety and Licensing Public Document Room, the Gelman must provide sufficient information to Board that the petition and/or request Building, 2120 L Street, NW., show that a genuine dispute exists with should be granted based upon a Washington, DC, and at the local public the applicant on a material issue of law balancing of the factors specified in 10 document room located at the Plymouth or fact. Contentions shall be limited to CFR 2.714(a)(1)(I)–(v) and 2.714(d). Public Library, 11 North Street, matters within the scope of the Plymouth, Massachusetts 02360. If a amendment under consideration. The For further details with respect to this request for a hearing or petition for contention must be one which, if action, see the application for leave to intervene is filed by the above proven, would entitle the petitioner to amendment dated March 25, 1998, date, the Commission or an Atomic relief. A petitioner who fails to file such which is available for public inspection Safety and Licensing Board, designated a supplement which satisfies these at the Commission’s Public Document by the Commission or by the Chairman requirements with respect to at least one Room, the Gelman Building, 2120 L of the Atomic Safety and Licensing contention will not be permitted to Street, NW., Washington, DC, and at the Board Panel, will rule on the request participate as a party. local public document room, located at and/or petition; and the Secretary or the Those permitted to intervene become the Plymouth Public Library, 11 North designated Atomic Safety and Licensing parties to the proceeding, subject to any Street, Plymouth, Massachusetts 02360. Board will issue a notice of hearing or limitations in the order granting leave to Dated at Rockville, Maryland, this 22nd an appropriate order. intervene, and have the opportunity to day of April 1998. 23306 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

For the Nuclear Regulatory Commission. that the expression ‘‘has been NW., Washington, DC. and at the local Alan B. Wang, substantially’’ is used in each FOL, and public document room located at the Project Manager, Project Directorate I–3, its meaning is thus established by such York County Library, 138 East Black Division of Reactor Projects—I/II, Office of repeated use. The licensee has not Street, Rock Hill, South Carolina 29730. Nuclear Reactor Regulation. provided any reason for the proposed Dated at Rockville, Maryland, this 23rd day [FR Doc. 98–11247 Filed 4–27–98; 8:45 am] change, other than stating that this is an of April 1998. BILLING CODE 7590±01±P administrative change to ‘‘update the For the Nuclear Regulatory Commission. FOL to the current historical status.’’ Peter S. Tam, Thus, this proposed change is denied. NUCLEAR REGULATORY 3. The licensee proposed to delete the Senior Project Manager, Project Directorate COMMISSION reference to the Environmental Report, II–2, Division of Reactor Projects—I/II, Office of Nuclear Reactor Regulation. [Docket Nos. 50±413 and 50±414] as supplemented, from the FOLs. The licensee gave no justification for [FR Doc. 98–11248 Filed 4–27–98; 8:45 am] BILLING CODE 7590±01±P Duke Energy Corporation, et al.; Notice deleting the reference to the of Partial Denial of Amendments to Environmental Report, which has been required by the National Environmental Facility Operating Licenses and NUCLEAR REGULATORY Policy Act and 10 CFR Part 51, and was Opportunity for Hearing COMMISSION a significant part of the basis for The U.S. Nuclear Regulatory granting the FOLs. This proposed [Docket No. 50±259] Commission (the Commission) has change is denied. partially denied a request by Duke 4. The licensee proposed to delete any The Tennessee Valley Authority; Energy Corporation (the licensee) for reference to revision numbers to Notice of Denial of Amendment to amendments to Facility Operating security plans since these security plans Facility Operating License and License (FOL) Nos. NPF–35 and NPF– are subject to change periodically. Opportunity for Hearing 52, issued to the licensee for operation However, 10 CFR 50.54(p) has set forth of the Catawba Nuclear Station, Unit the conditions under which the licensee The U.S. Nuclear Regulatory Nos. 1 and 2, located in York County, may make changes without NRC Commission (the Commission) has South Carolina. Notice of Consideration approval, such that the specified denied a request by the Tennessee of Issuance of Amendments was revision numbers do not prevent the Valley Authority (licensee), for an published in the Federal Register on licensee from making such changes. amendment to Facility Operating February 11, 1998 (63 FR 6983). Hence, the licensee’s proposal to omit License No. DPR–33 issued to the The licensee’s application of revision numbers and dates is denied. licensee for operation of the Browns December 18, 1997, as revised by a letter The NRC staff has concluded that the Ferry Nuclear Plant, Unit No. 1, located dated January 28, 1998, proposed licensee’s proposed changes described in Limestone County, Alabama. Notice numerous changes to the FOLs. The above are unacceptable and are denied. of Consideration of Issuance of this licensee proposed to revise the FOLs to The licensee was notified of the staff’s amendment was published in the delete license conditions that have been denial by letter dated April 23, 1998. Federal Register on February 15, 1997 fulfilled, to update information to reflect By May 28, 1998, the licensee may (62 FR 2194). current plant status and regulatory demand a hearing with respect to the The purpose of the licensee’s requirements, and to make other denial described above. Any person amendment request was to revise the correctional, clarifying, or editorial whose interest may be affected by this Technical Specifications (TS) to permit changes. The staff issued amendments proceeding may file a written request for increasing the main steam safety/relief to the FOLs, accepting most of the leave to intervene. valve set point tolerance to plus or proposed changes. The balance of the A request for hearing or petition for minus 3%. proposed changes were not accepted by leave to intervene must be filed with the The NRC staff has concluded that the the staff. The changes that were not Secretary of the Commission, U.S. licensee’s request to increase the main accepted are summarized as follows: Nuclear Regulatory Commission, steam safety relief valve set point 1. For the license conditions that have Washington, DC 20555–0001, Attention: tolerance cannot be granted at this time. been fulfilled, and the exemptions that Rulemakings and Adjudications Staff, or The licensee was notified of the are no longer needed, the licensee may be delivered to the Commission’s Commission’s denial of the proposed proposed to have them deleted entirely Public Document Room, the Gelman change by a letter dated April 22, 1998. from the FOLs. The staff, however, Building, 2120 L Street, NW., By May 28, 1998, the licensee may believes that indications should be left Washington, DC, by the above date. demand a hearing with respect to the in the FOLs to provide easy reference to A copy of any petition should also be denial described above. Any person these past license conditions and sent to the Office of the General whose interest may be affected by this exemptions. The staff preserved the Counsel, U.S. Nuclear Regulatory proceeding may file a written petition license condition and exemption Commission, Washington, DC 20555– for leave to intervene. numbers with the word ‘‘Deleted’’ 0001, and to Mr. Paul R. Newton, Duke A request for hearing or petition for following in parentheses. Further, the Energy Corporation, 422 South Church leave to intervene must be filed with the staff did not renumber those license Street, Charlotte, North Carolina 28242, Secretary of the Commission, U.S. conditions still in existence. Hence, the attorney for the licensee. Nuclear Regulatory Commission, licensee’s proposed changes are For further details with respect to this Washington, DC 20555, Attention: partially denied. action, see (1) the application for Docketing and Services Branch, or may 2. The licensee proposed to modify amendments dated December 17, 1997, be delivered to the Commission’s Public the statement that described the and (2) the Commission’s letter to the Document Room, the Gelman Building, construction status as ‘‘has been licensee dated April 23, 1998, which are 2120 L Street, NW., Washington, DC, by substantially completed’’ to ‘‘was available for public inspection at the the above date. completed.’’ The staff surveyed FOLs Commission’s Public Document Room, A copy of any petitions should also be granted to other facilities, and found the Gelman Building, 2120 L Street sent to the Office of the General Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23307

Counsel, U.S. Nuclear Regulatory Week of May 4—Tentative (2) Form(s) submitted: ES–2, ES–20a, Commission, Washington, DC 20555, There are no meetings the week of ES–20b, ES–21, ES–21c, UI–35, and Job and to General Counsel, Tennessee May 4. Vacancies Report. Valley Authority, 400 West Summit Hill (3) OMB Number: 3220–0057. Drive, ET 10H, Knoxville, Tennessee Week of May 11—Tentative (4) Expiration date of current OMB 37902, attorney for the licensee. Wednesday, May 13 clearance: 7/31/1998. For further details with respect to this (5) Type of request: Revision of a action, see (1) the application for 10:30 a.m.—Affirmation Session currently approved collection. amendment dated December 11, 1996, (PUBLIC MEETING), (if needed) (6) Respondents: Individuals or and (2) the Commission’s letter to the *Note: A follow-on meeting to discuss the households, Business or other for profit. licensee dated April 22, 1998. remaining issues related to Millstone Unit 3 (7) Estimated annual number of These documents are available for restart will be held at a later date. respondents: 13,750. public inspection at the Commission’s Week of May 18—Tentative (8) Total annual responses: 27,000. Public Document Room, the Gelman (9) Total annual reporting hours: Building, 2120 L Street, NW., Thursday, May 21 1,494. Washington, DC, and at the local public 11:30 a.m.—Affirmation Session (10) Collection description: Under the document room located at the Athens (PUBLIC MEETING), (if needed) RUIA, the Railroad Retirement Board Public Library, 405 E. South Street, provides job placement assistance for Athens, Alabama. * The Schedule for Commission meetings unemployed railroad workers. The is subject to change on short notice. To verify Dated at Rockville, Maryland, this 22 day the status of meetings call (recording)—(301) collection obtains information from job of April 1998. 415–1929. Contact person for more applicants, railroad and non-railroad For The Nuclear Regulatory Commission. information: Bill Hill (301) 415–1661. employers, and State Employment Frederick J. Hebdon, * * * * * Service offices for use in placement, for Director, Project Directorate II–3, Division of The NRC Commission Meeting providing referrals for job openings, Reactor Projects—I/II, Office of Nuclear Schedule can be found on the Internet reports of referral results, and for Reactor Regulation. at: verifying and monitoring claimant eligibility. [FR Doc. 98–11246 Filed 4–27–98; 8:45 am] http://www.nrc.gov/SECY/smj/ BILLING CODE 7590±01±P schedule.htm ADDITIONAL INFORMATION OR COMMENTS: Copies of the form and supporting * * * * * documents can be obtained from Chuck NUCLEAR REGULATORY This notice is distributed by mail to Mierzwa, the agency clearance officer COMMISSION several hundred subscribers: if you no (312–751–3363). Comments regarding longer wish to receive it, or would like the information collection should be Sunshine Act Meeting to be added to it, please contact the addressed to Ronald J. Hodapp, Railroad Office of the Secretary, Attn: Operations Retirement Board, 844 North Rush AGENCY HOLDING THE MEETING: Nuclear Branch, Washington, D.C. 20555 (301– Regulatory Commission. Street, Chicago, Illinois 60611–2092 and 415–1661). In addition, distribution of the OMB reviewer, Laura Oliven (202– DATE: Weeks of April 27, May 4, 11, and this meeting notice over the Internet 395–7316), Office of Management and 18, 1998. system is available. If you are interested Budget, Room 10230, New Executive PLACE: Commissioners’ Conference in receiving this Commission meeting Officer Building, Washington, DC Room, 11555 Rockville Pike, Rockville, schedule electronically, please send an 10503. electronic message to [email protected] or Maryland. Chuck Mierzwa, [email protected]. STATUS: Public and Closed. Clearance Officer. MATTERS TO BE CONSIDERED: * * * * * Dated: April 24, 1998. [FR Doc. 98–11223 Filed 4–27–98; 8:45 am] Week of April 27 William M. Hill, Jr., BILLING CODE 7905±01±M Wednesday, April 29 SECY Tracking Officer, Office of the Secretary. 11:30 a.m.—Affirmation Session [FR Doc. 98–11403 Filed 4–24–98; 3:04 pm] SECURITIES AND EXCHANGE (PUBLIC MEETING) COMMISSION a: Final Rule: Requirements for BILLING CODE 7590±01±M Shipping Packages Used to [Release No. 34±39890; File No. SR±BSE± Transport Vitrified High-Level 97±04] Waste RAILROAD RETIREMENT BOARD Self-Regulatory Organizations; Boston Thursday, April 30 Agency Forms Submitted for OMB Stock Exchange, Inc.; Order Approving 9:00 a.m.—Briefing on Investigative Review a Proposed Rule Change and Notice of Matters (Closed—Ex. 5 and 7) Filing and Order Granting Accelerated 2:00 p.m.—Discussion of Management SUMMARY: In accordance with the Approval to Amendment No. 2 Thereto Issues (Closed—Ex. 2 and 6) Paperwork Reduction Act of 1995 (44 Relating to Stop Orders and Stop Limit U.S.C. Chapter 35), the Railroad Orders in Solely Listed Issues Friday, May 1 Retirement Board (RRB) has submitted 8:30 a.m.—* Briefing on Selected Issues the following proposal(s) for the April 20, 1998. Related to Proposed Restart of collection of information to the Office of On September 4, 1997, the Boston Millstone Unit 3. (PUBLIC Management and Budget for review and Stock Exchange, Inc. (‘‘BSE’’ or MEETING), (Contact: Bill Travers, approval. ‘‘Exchange’’) submitted to the Securities 301–415–1200) and Exchange Commission (‘‘SEC’’ or 1:00 p.m.—Continuation of Millstone Summary of Proposal(s) ‘‘Commission’’), pursuant to Section meeting (1) Collection title: Placement Service. 19(b)(1) of the Securities Exchange Act 23308 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices of 1934 (‘‘Exchange Act’’ or ‘‘Act’’) 1 and listed issue was, or was not, due based The Commission believes that the Rule 19b–4 thereunder,2 a proposed rule on a sale reported in the Nasdaq market. proposed rule change is appropriate in change to adopt a new Supplementary The Exchange proposes to adopt this that it promotes further linkage between Material to Section 3 of Chapter 1 of the new interpretation to remove any the regulated U.S. equities markets and Exchange Rules of govern the activation ambiguity regarding the appropriate ensures that a customer’s stop or stop criteria for stop orders and stop limit activation of stop orders and stop limit limit order will be triggered upon the orders in sole listed issues where the orders in sole listed issues by sooner to occur of an appropriate triggering executions do not occur on necessitating the inclusion of reported execution on the Exchange or through the Exchange. The Exchange regular way round-lot Nasdaq sales in Nasdaq. This additional linkage is subsequently filed Amendment No. 1 to determining the activation of Exchange- consistent with the principals contained the proposed rule change on September resident stop orders and stop limit in Section 11A of the Exchange Act and 15, 1997.3 orders in sole listed issues. Under the reflects the Congressional intent of The proposed rule change, including proposed rule, a customer’s stop or stop creating a national market system for Amendment No. 1, was published for limit order for a BSE sole listed security securities.12 The Commission also comment in the Federal Register on will be triggered upon a round-lot sales believes that the proposed rule change October 8, 1997.4 No comments were transaction at or through the stop price helps to assure the best execution of received on the proposal. The Exchange that is executed either on the Exchange customer orders, and is consistent with subsequently filed Amendment No. 2 to or through Nasdaq. Once triggered, a the maintenance of fair and orderly the proposed rule change on November stop order to buy or sell will become a markets by ensuring that a customer’s 7, 1997.5 This order approves the market order executable at the most stop or stop limit order will be triggered proposal, as amended. advantageous price obtainable after the based upon transactions occurring on The BSE is proposing to adopt a new order is represented at the specialist’s either the Exchange or Nasdaq.13 Supplementary Material to guide post. A customer’s triggered stop order The Commission notes that the Exchange specialists and customers in generally will be executed at the best inclusion of the Nasdaq/NMS and the appropriate activation stop orders available price, including the best Nasdaq Small Cap trades in determining and stop limit orders in sole listed Nasdaq price. The actual execution of when to activate stop and stop limit issues. Due to the frequency with which the order will occur on the Exchange orders is likely to result in quicker the Exchange’s sole listed issues trade under all circumstances.7 Exchange- executions of these orders on the BSE. through Nasdaq,6 it is likely that resident stop limit orders will be The Commission also believes that by transactions will occur in that market at triggered in a manner identical to stop including Nasdaq/NMS and Nasdaq prices which would activate Exchange- orders (i.e., the occurrence of a round- Small Cap transactions in the activation resident stop orders and stop limit lot transaction at or through the stop criteria of Exchange resident stop and orders, were such transactions to occur price on the Exchange or through stop limit orders in BSE solely listed in the Exchange’s market. At such times, Nasdaq).8 Once triggered, a stop limit issues, the proposed rule change customers may look for an execution order to buy or sell will become a clarifies any ambiguity under the report based on trading that occurs marketable order executable at the limit Exchange’s existing rules as to when through Nasdaq. In these circumstances, price or better, if obtainable, after the these orders will become marketable. Exchange specialists may be placed at order is represented at the specialist’s The Commission also notes that the significant market risk if a customer is post. Similar to the treatment of stop Exchange has proposed adequate permitted to determine after the fact that orders, Nasdaq prices will be utilized to surveillance procedures to monitor the a stop order or stop limit order in a sole determine the best available price. activation and execution of stop and The Commission finds that the stop limit orders based on Nasdaq/NMS 1 15 U.S.C. 78s(b)(1). proposed rule change is consistent with and Nasdaq Small Cap transactions. 2 17 CFR 240.19b–4. the requirements of the Act and the The Commission finds good cause for 3 Amendment No. 1 revised the text of the rules and regulations thereunder approving Amendment No. 2 to the proposed Supplementary Material to Section 3 of Chapter 1 of the Exchange Rules to clarify that it applicable to a national securities proposed rule change prior to the only applies to the trading of issues listed solely on exchange, and, in particular, with the thirtieth day after the date of the Exchange and that the proposal also applies to requirements of Section 6(b).9 publication of notice thereof in the stop limit orders. See letter from Karen A. Aluise, Specifically, the Commission believes Federal Register. Amendment No. 2 Assistant Vice President, BSE, to Michael Walinskas, Senior Special Counsel, Division of the proposal is consistent with the narrows the scope of the proposal by Market Regulation, SEC (September 15, 1997) Section 6(b)(5) 10 requirements that the clarifying that stop and stop limit orders (‘‘Amendment No. 1’’). rules of an exchange be designed to on the Exchange may be triggered only 4 Exchange Act Release No. 39187 (Oct. 1, 1997), promote just and equitable principles of by transactions occurring in the Nasdaq/ 65 FR 52601. trade, to prevent fraudulent and NMS and Nasdaq Small Cap markets, 5 Amendment No. 2 clarified that the Exchange uses the term ‘‘Nasdaq’’ to include Nasdaq/NMS or manipulative acts, and, in general, to and not transactions occurring on the Nasdaq Small Cap markets, but not to include the protect investors and the public OTC Bulletin Board. Accordingly, stop orders and interest.11 12 See Section 11A(a)(1), of the Exchange Act, 15 stop limit orders for issues listed solely on the U.S.C. 78k–1. In addition to the goals set out in Exchange, but that are also traded through Nasdaq/ Section 11A, Congress also found that the linking 7 NMS or the Nasdaq Small Cap market, may be Telephone conversation between Karen Aluise, of qualified securities markets through triggered based on trades occurring through Vice President, BSE, and Christine Richardson, communication and data processing facilities will Nasdaq/NMS or the Nasdaq Small Cap market. See Attorney, SEC, March 13, 1998. foster efficiency; enhance competition; increase the letter from Karen A. Aluise, Vice President, BSE, to 8 In the case of stop limit orders, the Exchange information available to brokers, dealers, and Michael Walinskas, Senior Special Counsel, permits the stop price and the limit price to be investors; facilitate the offsetting of investors’ Division of Market Regulation, SEC (November 7, different. Id. orders and contribute to best execution of such 1997) (‘‘Amendment No. 2’’). 9 15 U.S.C. 78f(b). orders. See Market 2000: An Examination of 6 As noted above, the Exchange uses the term 10 15 U.S.C. 78f(b)(5). Current Equity Market Developments, Division of ‘‘Nasdaq’’ to include both the Nasdaq/NMS and 11 In approving this rule, the Commission has Market Regulation, Commission, January 1994, Nasdaq Small Cap markets. However, the term is considered the proposed rule’s impact on III–4 (‘‘Market 2000 Study’’). not intended to include the OTC Bulletin Board. efficiency, competition, and capital formation. 15 13 See Market 2000 Study, supra note 10, at See Amendment No. 2. U.S.C. 78c(f). V–2. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23309

OTC Bulletin Board. The Commission SECURITIES AND EXCHANGE order as defined in Rule 1.1(ii), may also notes that no comments were COMMISSION solicit a member or member received on the original BSE proposal, organization or a non-member customer [Release No. 34±39891; File No. SR±CBOE± or broker-dealer (the ‘‘solicited person’’) which was subject to the full 21-day 97±40] comment period. Therefore, the to transact in-person or by order (a Commission believes that is consistent Self-Regulatory Organizations; ‘‘solicited order’’) with the original with Section 6(b)(5) of the Act to Chicago Board Options Exchange, order. approve Amendment No. 2 to the Inc.; Order Granting Approval to Pursuant to Rule 6.74(b), a floor broker may effect a cross of a customer proposed rule change on an accelerated Proposed Rule Change and Notice of order and a facilitation order subject to basis. Filing and Order Granting Accelerated Approval to Amendment No. 2 to the satisfaction of certain conditions, Interested persons are invited to Proposed Rule Change Relating to the including disclosure on an order ticket submit written data, views and ``Terms and Conditions of an Order'' for the public customer order which is arguments concerning Amendment No. for Purposes of the Exchange's Rules subject to facilitation, all of the terms of 2 to the proposed rule change, including on Solicited Trades and Crossed such order, including any contingency whether the amendment is consistent Trades involving, and all related transactions with the Act. Persons making written in, either options or underlying or submissions should file six copies April 21, 1998. related securities. A facilitation order is defined in Rule 6.53(m) as an order thereof with the Secretary, Securities I. Introduction and Exchange Commission, 450 Fifth which is only to be executed in whole Street, N.W., Washington, D.C. 20549. On August 25, 1997, the Chicago or in part in a cross transaction with an Copies of the submission, all subsequent Board Options Exchange, Inc. (‘‘CBOE’’ order for a public customer of the amendments, all written statements or ‘‘Exchange’’) submitted to the member organization and which is Securities and Exchange Commission clearly designated as a facilitation order. with respect to the proposed rule (‘‘SEC’’ or ‘‘Commission’’), pursuant to The rules relating to both facilitation change that are filed with the Section 19(b)(1) of the Securities ‘‘solicited’’ and ‘‘crossing’’ transactions Commission, and all written Exchange Act of 1934 (‘‘Act’’) 1 and Rule are designed to ensure that all market communications relating to the 19b–4 thereunder,2 a proposed rule participants have an equal opportunity proposed rule change between the change to define the phrase ‘‘Terms and to participate in trades, fostering the Commission and any person, other than Conditions of an Order’’ for purposes of objective of open outcry in a those that may be withheld from the the Exchange’s rules on solicited trades competitive market. The proposed rule public in accordance with the and crossed trades. On March 23, 1998, amendment defines what is meant by provisions of 5 U.S.C. 552, will be the Exchange filed Amendment No. 2 to the phrase ‘‘terms and conditions’’ as available for inspection and copying at the proposed rule change with the used in these two rules: the class; the the Commission’s Public Reference Commission.3 series; the volume; the price; and Room. Copies of such filing will also be The proposed rule change, and contingencies; and any components available for inspection and copying at Amendment No. 1 thereto were related to the order. Components are the principal office of the Exchange. All published for comment in the Federal related stock, options, futures or any submissions should refer to File No. Register on November 17, 1997.4 No other instruments or interests. A SR–BSE–97–04 and should be comments were received on the contingency order is a limit or market submitted by May 19, 1998. proposal. This order approves the order to buy or sell that is contingent proposal as amended. upon a condition being satisfied while For the foregoing reasons, the the order is at the post. Contingent Commission finds that BSE’s proposal, II. Description of the Proposal orders include: market-if-touched as amended, is consistent with the The purpose of the proposed rule orders; market-on-close-orders; stop requirements of the Act and the rules change is to define and clarify the (stop-loss) orders; and stop-limit orders. and regulations thereunder. meaning of the phrase ‘‘terms and The Exchange believes that the It is therefore ordered, pursuant to conditions’’ of an order as used in proposed Interpretations will enable Section 19(b)(2) of the Act,14 that the Exchange Rules 6.9 and 6.74. Pursuant those who solicit and those who wish to proposed rule change (SR–BSE–97–04) to Rule 6.9, Solicited Transactions, a effect ‘‘facilitation’’ crosses to is approved. member or member organization understand and abide by their For the Commission, by the Division of representing an order respecting an disclosure obligations. In addition, the Market Regulation, pursuant to delegated option traded on the Exchange (an proposed change will aid in achieving authority.15 ‘‘original order’’), including a spread, uniformity with regard to trading crowd Margaret H. McFarland, combination, or straddle order as expectations, as well as to the type and defined in Rule 6.53 and a stock-option amount of information disclosed on Deputy Secretary. crossed and solicited orders. [FR Doc. 98–11167 Filed 4–27–98; 8:45 am] 1 15 U.S.C. 78s(b)(1). III. Discussion BILLING CODE 8010±01±M 2 17 CFR 240.19b–4. 3 See Letter from Stephanie C. Mullins, Attorney, The Commission finds that the CBOE to David Sieradzki, Attorney, SEC dated proposed rule change is consistent with March 23, 1998 (‘‘Amendment No. 2’’). In the requirements of the Act and the Amendment No. 2, the Exchange adds option class and series to the definition of ‘‘Terms and rules and regulations thereunder Conditions of an Order.’’ In addition, the Exchange applicable to a national securities adds language to the rule that indicates that the exchange, and, in particular, with the class of the option would be deemed disclosed if requirements of Section 6(b).5 it is apparent that the crowd is aware of which option class is being traded. Specifically, the Commission believes 14 15 U.S.C. 78s(b)(2). 4 Securities Exchange Act Release No. 39308 15 17 CFR 200.30–3(a)(12). (Nov. 6, 1997), 62 FR 61419 (Nov. 17, 1997). 5 15 U.S.C. 78f(b). 23310 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices the proposal is consistent with the options trading floor to disclose an SECURITIES AND EXCHANGE Section 6(b)(5) 6 requirements that the option’s class and series in effecting a COMMISSION rules of an exchange be designed to ‘‘facilitation’’ cross or solicited [Release No. 34±39894; File No. SR±DTC± 9 promote just and equitable principles of transaction. Further, the Commission 97±23] trade, to prevent fraudulent and notes that the original proposal was manipulative acts, and, in general, to published for the full 21-day comment Self-Regulatory Organizations; The protect investors and the public period and no comments were received Depository Trust Company; Notice of 7 interest. by the Commission. Accordingly, the Filing and Immediate Effectiveness of The Exchange represents that the Commission believes it is appropriate to a Proposed Rule Change Modifying proposal will enable those who solicit approve Amendment No. 2 to the Issue Eligibility Requirements and those who wish to effect ‘‘facilitation’’ crosses to understand and Exchange’s proposal on an accelerated April 21, 1998. abide by their disclosure obligations. In basis. Pursuant to Section 19(b)(1) of the addition, the Exchange represents that IV. Solicitation of Comments Securities Exchange Act of 1934 the proposed change will aid in (‘‘Act’’),1 notice is hereby given that on achieving uniformity with regard to Interested persons are invited to January 5, 1998, The Depository Trust trading crowd expectations, as well as to submit written data, views and Company (‘‘DTC’’) filed with the the type and amount of information arguments concerning Amendment No. Securities and Exchange Commission disclosed on crossed and solicited 2 including whether the proposed rule (‘‘Commission’’) the proposed rule orders. The Commission supports the change is consistent with the Act. change as described in Items I, II, and Exchange’s efforts to review and clarify Persons making written submissions III below, which items have been its rules relating to disclosure should file six copies thereof with the prepared primarily by DTC. The obligations of market participants. This Secretary, Securities and Exchange Commission is publishing this notice to is particularly true where, as here, the Commission, 450 Fifth Street, N.W., solicit comments on the proposed rule rule being clarified addresses priority Washington, D.C. 20549. Copies of the change from interested persons. accorded to orders on the floor of the submission, all subsequent Exchange. The Commission believes I. Self-Regulatory Organization’s amendments, all written statements that the proposed rule change will help Statement of the Terms of Substance of specify what information must be with respect to the proposed rule the Proposed Rule Change disclosed on crossed and solicited change that are filed with the The proposed rule change modifies orders. Commission, and all written DTC’s existing operational arrangements In November, 1994, when the communications relating to the necessary for a securities issue to Exchange adopted Rule 6.9, Solicited proposed rule change between the become eligible for the services of DTC. Transactions, the Exchange recognized Commission and any person, other than the importance of fully disclosing the those that may be withheld from the II. Self-Regulatory Organization’s orders that comprise a solicited public in accordance with the provision Statement of the Purpose of, and transaction to the trading crowd. The of 5 U.S.C. 552, will be available for Statutory Basis for, the Proposed Rule Change Exchange stated that if orders inspection and copying at the comprising a solicited transaction were Commission’s Public Reference Room. In its filing with the Commission, not suitably exposed to the trading Copies of such filing will also be DTC included statements concerning crowd ‘‘the execution of such orders available for inspection and copying at the purpose of and basis for the would be inconsistent with the open the principal office of the above- proposed rule change and discussed any auction market principles governing the mentioned self-regulatory organization. comments it received on the proposed execution of orders on the CBOE’s All submissions should refer to File No. rule change. The text of these statements 8 floor.’’ By clarifying disclosure SR–CBOE–97–40 and should be may be examined at the places specified in item IV below. DTC has prepared requirements with respect to solicited submitted by May 19, 1998. transactions, the current proposal summaries, set forth in sections (A), (B), should improve the ability of the V. Conclusion and (C) below, of the most significant Exchange to ensure that customer orders aspects of such statements.2 receive full consideration by the trading It is therefore ordered, pursuant to Section 19(b)(2) of the Act,10 that the (A) Self-Regulatory Organization’s crowd. Statement of the Purpose of, and The Commission finds good cause for proposed rule change (SR–CBOE–97– Statutory Basis for, the Proposed Rule approving Amendment No. 2 to the 40) is approved as amended. Change proposed rule change prior to the For the Commission, by the Division of thirtieth day after the date of Market Regulation, pursuant to delegated DTC’s operational arrangements 3 publication of notice of filing thereof in authority.11 currently incorporate the guidelines for the Federal Register. Amendment No. 2 Margaret H. McFarland, income, reorganization, and redemption adds option class and series to the Deputy Secretary. payments (‘‘principal and income payments’’) established by the Same definition of ‘‘Terms and Conditions.’’ [FR Doc. 98–11165 Filed 4–27–98; 8:45 am] The Exchange has represented that this Day Funds Payment Task Force of the BILLING CODE 8010±01±M merely codifies the practice on the U.S. Working Committee, Group of Thirty Clearance and Settlement Project 6 15 U.S.C. 78f(b)(5). 7 In approving this rule, the Commission has 1 15 U.S.C. 78s(b)(1). considered the proposed rule’s impact on 9 Telephone conversation between Stephanie C. 2 The Commission has modified parts of these efficiency, competition, and capital formation. 15 Mullins, Attorney, CBOE and David Sieradzki, statements. U.S.C. 78c(f). Attorney, SEC on February 18, 1998. 3 See Securities Exchange Act Release Nos. 24818 8 Securities Exchange Act Release No. 34959 (August 19, 1987), 52 FR 31833; 25948 (July 27, (November 9, 1994), 59 FR 59446 (November 17, 10 15 U.S.C. 78s(b)(2). 1988), 53 FR 29294; 30625 (April 23, 1992), 57 FR 1994). 11 17 CFR 200.30–3(a)(12). 18534; and 35649 (April 26, 1995), 60 FR 21576. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23311

(‘‘P&I Task force’’).4 The purpose of the LORs, DTC will eliminate additional Commission, 450 Fifth Street N.W., proposed rule change is to update DTC’s individual LORs. Washington, D.C. 20549. Copies of the issue eligibility requirements.5 DTC believes that the proposed rule submission, all subsequent DTC’s operational arrangements change is consistent with Section amendments, all written statements 9 include requirements that all payments 17A(b)(3)(F) in that it should maximize with respect to the proposed rule to DTC of principal and income be made the number of issues that can be made change that are filed with the in same-day funds on payment date by depository eligible while ensuring Commission, and all written 2:30 p.m. Eastern Time (‘‘ET’’) and that orderly processing and timely payments communications relating to the CUSIP information be provided in to participants. proposed rule change between the Commission and any person, other than automated form early enough to allow (B) Self-Regulatory Organization’s those that may be withheld from the the funds received to be matched with Statement on Burden on Competition the related issues. In order to help public in accordance with the DTC does not believe that the provisions of 5 U.S.C. 552, will be assure that these requirements are met, proposed rule change will impose any the operational arrangements have been available for inspection and copying in burden on competition not necessary or the Commission’s Public Reference modified to require issuers to remit appropriate in furtherance of the Section, 450 Fifth Street N.W., funds for all principal and income purposes of the Act. Washington, D.C. 20549. Copies of such payments to paying agents or filing will also be available for intermediaries by 1:00 p.m. ET or by (C) Self-Regulatory Organization’s inspection and copying at the principal such earlier time as required by the Statement on Comments on the office of the DTC. All submissions paying agent to guarantee that DTC will Proposed Rule Change Received From should refer to the File No. SR–DTC– receive payment in same-day funds by Members, Participants, or Others 97–23 and should be submitted by May 2:30 p.m. ET on payable date.6 The subject principal and income 19, 1998. In addition, the current operational guidelines incorporated in the proposed operational arrangements have been For the Commission by the Division of arrangements require the submission of Market Regulation, pursuant to delegated individual letters of representations endorsed by the Corporate Trust authority.12 Advisory Board of the American (‘‘LORs’’) each time an issuer wants to Margaret H. McFarland, Bankers Association, the Bank distribute securities of a type for which Deputy Secretary. DTC requires an LOR. DTC uses sixteen Depository User Group, the Corporate [FR Doc. 98–11168 Filed 4–27–98; 8:45 am] different LORs for various types of Trust Advisory Committee of the municipal and corporate securities and Corporate Fiduciaries Association of BILLING CODE 8010±01±M money market instruments. The New York City, the New York Clearing modified arrangements introduce the House Securities Committee, The Bond Market Association, and the Securities SECURITIES AND EXCHANGE use of a blanket LOR which an issuer COMMISSION only needs to submit to DTC once for all Industry Association. issues. A blanket LOR eliminates the III. Date of Effectiveness of the [Release No. 34±39904; File No. SR±MSRB± need for the submission of individual Proposed Rule Change and Timing for 97±14] LORs each time the issuer wishes to Commission Action distribute certain securities.7 Because the foregoing rule change Self-Regulatory Organizations; Notice The proposed rule change replaces constitutes an interpretation with of Filing of Proposed Rule Change by only three of the LORs with the blanket respect to the meaning, administration, the Municipal Securities Rulemaking LORs: the book entry only municipal or enforcement of an existing rule of Board Relating to Rule G±32, on bond LOR, the book entry only DTC, it has become effective pursuant to Disclosures in Connection With New municipal note LOR, and the book entry Section 19(b)(3)(A)(i) of the Act 10 and Issues only municipal variable rate demand 11 Rule 19b–4(e)(1) thereunder. At any April 22, 1998. obligation LOR.8 As issuers gain time within sixty days of the filing of 1 experience with the use of blanket On March 12, 1998, the Municipal the proposed rule change, the Securities Rulemaking Board (‘‘Board’’ Commission may summarily abrogate or ‘‘MSRB’’) filed with the Securities 4 The U.S. Working Committee of the Group of such rule change if it appears to the and Exchange Commission Thirty is an organization consisting of Commission that such action is representatives from broker-dealers, banks, and (‘‘Commission’’ or ‘‘SEC’’) a proposed financial intermediaries charged with analyzing the necessary or appropriate in the public rule change (File No. SR–MSRB–97–14), existing clearance and settlement systems in the interest, for the protection of investors, pursuant to Section 19(b)(1) of the U.S. or otherwise in furtherance of the Securities Exchange Act of 1934 5 DTC included the text of its updated operational purposes of the Act. arrangements as an exhibit to its proposed rule change which is available for inspection and IV. Solicitation of Comments 12 17 CFR 200.30–3(a)(12). copying at the Commission’s public reference room 1 The Board initially filed this proposal on and through DTC. Interested persons are invited to December 22, 1997. However, a substantive 6 If an issuer or agent continually fails to make submit written data, views, and amendment was requested to restore rule language payments and provide the related payment detail in arguments concerning the foregoing, that had been deleted. The Board filed Amendment a timely manner, DTC may decide not to allocate including whether the proposed rule No. 1 on March 12, 1998. Pursuant to section 19(b), such payments to participants on the payable date. Amendment No. 1 is subject to notice and 7 DTC undertakes to make available to issuers that change is consistent with the Act. comment; thus, the proposed rule change is deemed execute blanket LORs any future modifications in Persons making written submissions filed as of the date of the amendment. 15 U.S.C. 78s. the operational arrangements. Upon review, issuers should file six copies thereof with the On April 22, 1998, the Board filed Amendment will have the opportunity to withdraw their blanket Secretary, Securities and Exchange No. 2 clarifying the underwriter’s obligation if it LORs. prepares the official statement on behalf of issuers. 8 These LORs were chosen to be replaced first See letter from Ernesto A. Lanza, Assistant General because these securities types account for the 9 15 U.S.C. 78q–1(b)(3)(F). Counsel, MSRB, to Katherine A. England, Esq., highest volume of repeat requests for DTC eligibility 10 15 U.S.C. 78s(b)(3)(A)(i). Assistant Director, Division of Market Regulation, from issuers. 11 17 CFR 240.19b–4(e)(1). SEC, dated April 22, 1998. 23312 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

(‘‘Act’’),2 and Rule 19b–4 thereunder.3 [, upon the request of such broker, make that official statement in final The proposed rule change and dealer or municipal securities dealer.] form available to the managing Amendment Nos. 1 and 2 (collectively no later than the business day following underwriter or sole underwriter referred to herein as the ‘‘proposed rule the request or, if an official statement in promptly after the issuer approves its change’’) are described in Items, I, II, final form is being prepared but has not distribution. [award is made. If the and III below, which Items have been been received from the issuer or its financial advisor is responsible for prepared by the Board. The Commission agent, no later than the business day printing the final official statement, it is publishing this notice to solicit following such receipt. Such items shall shall make adequate copies of the final comments on the proposed rule change be sent by first class mail or other official statement available to the from interested persons. equally prompt means, unless the managing underwriter or sole purchasing broker, dealer or municipal underwriter promptly after the award is I. Self-Regulatory Organization’s securities dealer arranges some other made but no later than two business Statement of the Terms of Substance of method of delivery and pays or agrees days before the date all securities are the Proposed Rule Change to pay for such delivery. delivered by the syndicate manager to The Board has filed with the (b) Responsibility of Managing the syndicate members to permit their Commission a proposed rule change Underwriters, and Sole Underwriters compliance with paragraph (b)(i) of this consisting of amendments of Rule G–32, and Financial Advisors. (i) Managing rule.] on disclosures in connection with new Underwriters and Sole Underwriters. (c) No change. issues. The proposed rule change will When an [a final] official statement in strengthen the provisions of the rule final form is prepared by or on behalf II. Self-Regulatory Organization’s relating to dissemination of official of an issuer, the managing underwriter Statement of the Purpose of, and statements among dealers and or sole underwriter, upon request, shall Statutory Basis for the Proposed Rule incorporate a long-standing Board send to [provided] all brokers, dealers Change interpretation relating to disclosures and municipal securities dealers that In its filing with the Commission, the required to be made to customers in purchase the new issue municipal Board included statements concerning connection with negotiated sales of new securities [with] an official statement in the purpose of and basis for the issue municipal securities. Below is the final form and other information proposed rule change and discussed any text of the proposed rule change. required by paragraph (a)(ii) of this rule comments it received on the proposed Additions are italicized; deletions are in and not less than one additional official rule change. The texts of these brackets. statement in final form per $100,000 par statements may be examined at the value of the new issue purchased by the places specified in Item IV below. The Rule G–32. Disclosures in Connection broker, dealer or municipal securities Board has prepared summaries, set forth with New Issues dealer and sold to customers. Such in Sections A, B, and C below, of the (a) Disclosure Requirements. No items shall be sent no later than the most significant aspects of such broker, dealer or municipal securities business day following the request or, if statements. dealer shall sell, whether as principal or an official statement in final form is agent, any new issue municipal being prepared but has not been A. Self-Regulatory Organization’s securities to a customer unless such received from the issuer or its agent, no Statement of the Purpose of, and broker, dealer or municipal securities later than the business day following Statutory Basis for, the Proposed Rule dealer delivers to the customer no later such receipt. Such items shall be sent by Change than the settlement of the transaction: first class mail or other equally prompt 1. Purpose (i) No change. means, unless the purchasing broker, (ii) in connection with a negotiated dealer or municipal securities dealer Rule G–32, on disclosures in sale of new issue municipal securities, arranges some other method of delivery connection with new issues, provides the following information concerning and pays or agrees to pay for such that no broker, dealer or municipal the underwriting arrangements: delivery. In addition, the managing securities dealer (‘‘dealer’’) shall sell (A)–(B) No change. underwriter or sole underwriter, upon any new issue municipal securities to a (C) the initial offering price for each request, [and] shall provide all customer unless such dealer delivers to maturity in the issue that is offered or purchasing brokers, dealers and the customer no later than the to be offered in whole or in part by the municipal securities dealers with settlement of the transaction a copy of underwriters, including maturities that instructions on how to order additional the official statement in final form, if are not reoffered. copies of the [final] official statement in one is being prepared. In connection In the event an official statement in final form directly from the printer. [A with a negotiated sale of new issue final form will not be prepared by or on managing underwriter or sole municipal securities, dealers are also behalf of the issuer, an official statement underwriter that prepares an official required to deliver to their customers, in preliminary form, if any, shall be sent statement on behalf of an issuer shall by no later than settlement with the to the customer with a notice that no print the final official statement and customer, information regarding, among final official statement is being other information required by paragraph other things, the initial offering price for prepared. (a)(ii) of this rule and make them each maturity in the new issue (termed Every broker, dealer or municipal available promptly after the date of sale the ‘‘Offering Price Disclosure securities dealer shall send, upon of the issue but no later than two Provision’’). Managing underwriters and request, [promptly furnish] the business days before the date all other dealers that sell new issue documents and information referred to securities are delivered by the syndicate municipal securities to purchasing in this section (a) to any broker, dealer manager to the syndicate members.] dealers are required to furnish copies of or municipal securities dealer to which (ii) Financial Advisors. A broker, the official statement to such purchasing it sells new issue municipal securities dealer or municipal securities dealer dealers upon request, and dealers acting that, acting as financial advisor, as financial advisors are also required to 2 15 U.S.C. 78s(b)(1). prepares an [a final] official statement in ensure that official statements are made 3 17 CFR 240.19b–4. final form on behalf of an issuer, shall available to the underwriters in a timely Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23313 manner (termed the ‘‘Dealer purchasing dealer arranges some other completed official statement in final Dissemination Provisions’’). The Board method of delivery at its own expense. form.6 is proposing amendment to Rule G–32 These obligations of the managing The proposed rule change would to strengthen the Dealer Dissemination underwriter would continue to apply retain the existing requirement under Provisions and to explicitly incorporate with respect to all purchasing dealers, Rule G–32 that a dealer acting as into the Offering Price Disclosure even where the managing underwriter financial advisor that prepares an Provision a long-standing Board did not sell the securities to the official statement on behalf of an issuer interpretation of such provision. purchasing dealer. must make that official statement available to the managing or sole In addition, the proposed rule change Amendments to Dealer Dissemination underwriter, but would change the Provisions would retain the existing requirement timing for such availability from All dealers selling new issue that every dealer selling a new issue promptly after the award is made, as municipal securities to customers, not municipal security to another dealer provided in the current rule, to just dealers that participated in the must furnish the official statement to promptly after the issuer approves underwriting of the new issue, are such purchasing dealer upon request. distribution of the official statement in required to deliver official statements to The amendments would add a final form. However, as the Board their customers by no later than requirement that the selling dealer send cannot prescribe the content, timing, settlement of their transactions. As a the official statement to the purchasing quantity or manner of production of the result, the Dealer Dissemination dealer within the same timeframe and official statement by the issuer or its Provisions were included in Rule G–32 by the same means as would be required agents, the portions of the existing rule to make official statements for new of the managing underwriter. that would regulate such production on issues available to all dealers so that The Board believes that the proposed behalf of an issuer by a dealer acting as they may fulfill their customer delivery rule change will help dealers to comply financial advisor would be deleted. The obligation under the rule. Dealers that with their obligation to deliver official Board is proposing this amendment to are not part of the underwriting group statements to their customers by ensure that, once the official statement have indicated from time to time that settlement and will more effectively is completed and approved by the issuer they have had some difficulty in ensure rapid dissemination of official for distribution, dealers acting as obtaining official statements from the statements to customers and to the financial advisors will be obligated to managing underwriter or other selling marketplace generally than is occurring commence the dissemination process dealers on a timely basis. The Board, in many instances under the current promptly.7 The Board urges issuers that therefore, is proposing amendments to version of the rule. In particular, the utilize the services of non-dealer the Dealer Dissemination Provisions of Board believes that the provisions of the financial advisors to hold such financial Rule G–32 to provide a specific proposed rule change and of The Bond advisor to the same standards for timeframe and method for delivery of Market Association’s Standard prompt delivery of official statements to official statements to purchasing Agreement Among Underwriters would the underwriters. dealers. effectively obligate the managing The proposed rule change would Amendment to Offering Price underwriter to send the official retain the existing responsibility of the Disclosure Provision statement to syndicate members within managing underwriter under the rule to Since January 1983,8 the Board has one business day of its receipt from the provide, upon request, one copy of the interpreted the Offering Price Disclosure issuer.5 official statement to purchasing dealers, Furthermore, although the Provision to require that the initial together with the disclosure information proposed amendment removes specific offering price of all maturities of a new required for negotiated offerings, and references in the existing rule to issue of municipal securities in a one additional official statement per underwriters that prepare official negotiated offering must be disclosed to $100,000 par value purchased for resale statements on behalf of issuers, the customers, even for maturities that are to customers. The managing underwriter Board is of the view that an underwriter not reoffered. The proposed amendment also would continue to be required to that prepares an official statement on to the Offering Price Disclosure provide purchasing dealers, upon behalf of an issuer would be deemed to Provision of Rule G–32 would request, with instructions on how to have received the official statement incorporate into the rule language this order copies of the official statement from the issuer immediately upon such from the printer.4 The amendments issuer approving the distribution of the 6 See supra note 1, Amendment No. 2. would add a requirement that the 7 Of course, this amendment would not relieve official statement be sent by the 5 The Bond Market Association’s Standard dealers acting as financial advisors of their Agreement Among Underwriters provides that obligations to comply with their contractual managing underwriter to the purchasing syndicate members must place orders for the arrangements entered into with issuers and with all dealer no later than the business day official statement by the business day following the applicable state and federal statutes, regulations after the request or, if the official date of execution of the purchase contract and and common law. Thus, in particular, in instances statement has not been received from states that any syndicate member that fails to place where a dealer, acting as financial advisor, has a such an order will be assumed to have requested contractual or other legal duty to assist an issuer in the issuer or its agent, the business day the quantity required under Rule G–32(b)(i). See complying with its contractual obligation to deliver after receipt. The managing Agreement Among Underwriters, Instructions, final official statements within the timeframe and underwriters would be required to send Terms and Acceptance, The Bond Market in the quantities set forth in Rule 15c2–12(b)(3) official statements by first class mail or Association, (Oct. 1, 1997) at ¶ 3. Thus, except in under the Act, such obligation would not be the rare instances where an official statement in diminished by operation of the revised amendment. other equally prompt means unless the final form is completed and available for 8 See MSRB Reports, Vol. 3, No. 1 (Jan. 1983), distribution on the date of sale, syndicate members ‘‘Rule G–32 + Frequently Asked Questions 4 Consistent with the position taken by the will have made or have been deemed to have made Concerning Disclosures in Connection with New Commission in connection with its Rule 15c2–12, their requests for official statements by the time the Issues,’’ at 25–27. See also MSRB Reports, Vol. 6, the Board recognizes that the official statement is managing underwriter receives the official No. 4 (Sept. 1986), ‘‘Disclosure Requirements for the issuer’s document. As a result, the proposed statement from the issuer, thereby obligating the New Issue Securities: Rule G–32,’’ at 17–20 and rule change would remove references in the existing managing underwriter under the proposed rule MSRB Reports, Vol. 16, No. 3 (Sept. 1996), rule to the preparation of official statements by change to send the official statement to syndicate ‘‘Disclosures in Connection with New Issues: Rule underwriters. members within one business day of receipt. G–32,’’ at 19–23. 23314 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices long-standing Board interpretation. The In response to its request for obligations under Board rules. It Board believes that the application of comments, the Board received three believes, however, that requiring selling the Offering Price Disclosure Provision comment letters,11 each of which dealers to provide a copy of the official to maturities that are not reoffered addressed the proposed amendments to statement to purchasing dealers, upon permits customers to determine whether the Dealer Dissemination Provisions and request, and requiring managing the price they paid for a new issue one of which also addressed the underwriters to provide to purchasing municipal security is substantially proposed amendment to the Offering dealers, upon request, one official different from the price being paid by Price Disclosure Provision. statement plus one additional official presale purchasers. One commentator supports the statement per $100,000 par value proposed amendments to the Dealer 2. Statutory Basis purchased for resale to customers serves Dissemination Provisions of Rule G– as a reasonable floor on the number of The Board believes the proposed rule 3212 This dealer noted that it was official statements that are available in change is consistent with Section already responding to requests from the marketplace to meet the 9 15B(b)(2)(C) of the Act. The Board purchasing dealers for official requirements of Board rules.15 If a believes that the proposed rule change statements within one business day so managing underwriter does not have would help dealers to comply with their that the proposed amendments would sufficient printed copies of the official obligation to deliver official statements not pose any operational problems for it. statement to meet its obligations with to their customers by settlement, would In addition, the dealer stated that respect to any particular new issue, it improve dissemination of official placing such an obligation on all dealers may need to photocopy or otherwise statements to the marketplace generally would make it possible for dealers to obtain additional copies of the official during the underwriting period, and deliver official statements to their statement. In addition, if a dealer selling would ensure the continued availability customers in a more timely manner. municipal securities to customers is of important pricing information to new Two commentators did not object to unable to obtain sufficient numbers of issue customers. any of the changes in the proposed official statements from the managing amendments, but criticized certain of B. Self-Regulatory Organization’s underwriter or from the dealer that sold the existing provisions of the Dealer Statement on Burden on Competition the securities to it, then this dealer may Dissemination Provisions. One dealer need to photocopy or otherwise obtain The Board does not believe that the objected to the open-ended requirement proposed rule change will impose any additional copies of the official that managing underwriters provide statement. Such other sources of official burden on competition not necessary or purchasing dealers with official appropriate in furtherance of the statements include, but are not limited statements and proposed that to, the Board’s Municipal Securities purposes of the Act, because it would purchasing dealers be required to obtain Information Library (MSIL) system,16 apply equally to all brokers, dealers and the official statement from a nationally the NRMSIRs, or other information municipal securities dealers. recognized municipal securities vendors. C. Self-Regulatory Organization’s information repository (‘‘NRMSIR’’) if One commentators supports the Statement on Comments on the the managing underwriter has proposed amendment to the Offering Proposed Rule Change Received From exhausted its supply of official Price Disclosure Requirement.17 Members, Participants, or Others statements.13 Another dealer noted that the requirement to provide an official III. Date of Effectiveness of the In September 1996, the Board statement to purchasing dealers is Proposed Rule Change and Timing for published a notice (the ‘‘Notice’’) in limited to one per $100,000 par value of Commission Action which the Board proposed certain securities sold to customers and that amendments to Rule G–32 that, among Within 35 days of the publication of this limitation puts a heavier burden on this notice in the Federal Register or other things, would have strengthened regional, retail-oriented firms that are the rule’s Dealer Dissemination within such longer period (i) as the compelled to photocopy additional Commission may designate up to 90 Provisions and incorporated into the 14 copies. days of such date if it finds such longer Offering Price Disclosure Provision the The Board recognizes that there may Board’s interpretation regarding period to be appropriate and publishes not be sufficient quantities of the its reasons for so finding or (ii) as to disclosure in a negotiated offering of the original printed official statement for which the self-regulatory organization initial offering prices of maturities that every new issue to comply with dealers’ are not reoffered.10 consents, the Commission will: (A) By order approve the proposed Disclosure Provision, a requirement that official 9 Section 15B(b)(2)(C) states that the Board’s rules statements for primary offerings of municipal rule change, or shall be designed to prevent fraudulent and securities subject to Rule 15c2–12 under the Act be (B) Institute proceedings to determine manipulative acts and practices, to promote just sent to customers no later than the date that final whether the proposed rule change and equitable principles of trade, to foster money confirmations are sent (the ‘‘Customer should be disapproved. cooperation and coordination with persons engaged Delivery Proposal’’). In conjunction with this in regulating, clearing, settling, processing proposed change to the official statement delivery IV. Solicitation of Comments information with respect to, and facilitating requirement, the Board proposed reorganizing Rule transactions in municipal securities, to remove G–32 to address separately those offerings that are Interested persons are invited to impediments to and perfect the mechanism of a free subject to Rule 15c2–12 and those that are not. The submit written data, views, and and open market in municipal securities, and, in Board subsequently withdrew the proposed arguments concerning the foregoing, amendments and is not, at this time, filing with the general, to protect investors and the public interest. including whether the proposed rule 10 See MSRB Reports, Vol. 16, No. 3 (Sept. 1996), Commission the Customer Delivery Proposal. ‘‘Disclosures in Connection with New Issues: Rule Furthermore, because the Customer Delivery G–32,’’ at 19–23. Proposal is not being filed, the Board also is not 15 In addition, Rule G–32 will continue to require The proposed amendments described in the proposing to reorganize the rule as described in the that managing underwriters provide all purchasing Notice included, in addition to the proposed Notice. dealers with instructions on how to order 11 amendments to the Dealer Dissemination Provisions Chase Securities of Texas, Inc. (‘‘Chase’’), J.C. additional copies of the final official statement (other than the proposed amendment to require Bradford & Co., and Paine Webber Incorporated. directly from the printer. dealers acting as financial advisors to make the 12 Chase. 16 Municipal Securities Information Library and official statement available promptly after the issuer 13 PaineWebber Incorporated. MSIL are registered trademarks of the Board. approves its distribution) and the Offering Price 14 J.C. Bradford & Co. 17 Chase Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23315 change is consistent with the Act. I. Self-Regulatory Organization’s to the customer with a notice that no Persons making written submissions Statement of the Terms of Substance of final official statement is being should file six copies thereof with the the Proposed Rule Change prepared.] Secretary, Securities and Exchange The Board has filed with the Every broker, dealer or municipal Commission, 450 Fifth Street, NW., Commission a proposed rule change securities dealer shall promptly furnish Washington, DC 20549. Copies of the consisting of amendments to Rule G–32, the documents and information referred submission, all subsequent on disclosures in connection with new to in this section (a) to any broker, amendments, all written statements issues. The proposed rule change will dealer or municipal securities dealer to with respect to the proposed rule provide an alternate method of which it sells new issue municipal change that are filed with the compliance by brokers, dealers and securities, upon the request of such Commission, and all written municipal securities dealers with their broker, dealer or municipal securities communications relating to the obligation to deliver official statements dealer. (b) No change. proposed rule change between the in final form to customers by settlement (c) Definitions [of New Issue Commission and any person, other than for certain new issues of variable rate Municipal Securities and Official those that may be withheld from the demand obligations. Below is the text of Statement]. public in accordance with the the proposed rule change. Additions are For purposes of this rule, the provisions of 5 U.S.C. 552, will be italicized; deletions are in brackets. available for inspection and copying in following terms have the following the Commission’s Public Reference Rule G–32. Disclosures in Connection meanings: Room. Copies of the filing will also be With New Issues (i)–(iii) No change. (iv) The term ‘‘primary offering’’ shall available for inspection and copying at (a) Disclosure Requirements. No mean an offering defined in Securities the Board’s principal offices. All broker, dealer or municipal securities Exchange Act Rule 15c2–12(f)(7). submissions should refer to File No. dealer shall sell, whether as principal or SR–MSRB–97–14 and should be agent, any new issue municipal * * * * * submitted by May 19, 1998. securities to a customer unless such II. Self-Regulatory Organization’s For the Commission by the Division of broker, dealer or municipal securities Statement of The Purpose of, and Market Regulation, pursuant to delegated dealer delivers to the customer no later Statutory Basis for, The Proposed Rule authority.18 than the settlement of the transaction: Change (i) a copy of the official statement in Margaret H. McFarland, final form prepared by or on behalf of In its filing with the Commission, the Deputy Secretary. the issuer or, if an [a final] official Board included statements concerning [FR Doc. 98–11208 Filed 4–27–98; 8:45 am] statement in final form is not being the purpose of and basis for the proposed rule change and discussed any BILLING CODE 8010±01±M prepared by or on behalf of the issuer, a written notice to that effect together comments it received on the proposed with a copy of an official statement in rule change. The texts of these SECURITIES AND EXCHANGE preliminary form, if any; provided, statements may be examined at the COMMISSION however, that if an official statement in places specified in Item IV below. The final form is being prepared for new Board has prepared summaries, set forth in Sections A, B, and C below, of the [Release No. 34±39900; File No. SR±MSRB± issue municipal securities issued in a 98±4] primary offering that qualifies for the most significant aspects of such exemption set forth in paragraph (iii) of statements. Self-Regulatory Organizations; Notice section (d)(1) of Securities Exchange Act A. Self-Regulatory Organization’s of Filing of Proposed Rule Change by Rule 15c2–12, a broker, dealer or Statement of the Purpose of, and the Municipal Securities Rulemaking municipal securities dealer may sell Statutory Basis for, the Proposed Rule Board Relating to Rule G±32, on such new issue municipal securities to Change Disclosures in Connection With New a customer if such broker, dealer or Issues municipal securities dealer: 1. Purpose (A) delivers to the customer no later The Board is proposing an April 22, 1998. than the settlement of the transaction a amendment to Rule G–32, on On March 25, 1998, the Municipal copy of an official statement in disclosures in connection with new Securities Rulemaking Board (‘‘Board’’ preliminary form, if any, and written issues, that would permit brokers, or ‘‘MSRB’’) filed with the Securities notice that the official statement in final dealers and municipal securities dealers and Exchange Commission form will be sent to the customer within (‘‘dealers’’), selling variable rate demand (‘‘Commission’’ or ‘‘SEC’’) a proposed one business day following receipt obligations to customers during the rule change (File No. SR–MSRB–98–4) thereof by the broker, dealer or underwriting period, to deliver a pursuant to Section 19(b)(1) of the municipal securities dealer, and preliminary official statement by no Securities Exchange Act of 1934 (B) sends to the customer a copy of later than settlement and to send the (‘‘Act’’),1 and Rule 19b–4 thereunder.2 the official statement in final form, by official statement in final form within The proposed rule change is described first class mail or other equally prompt one business day of receipt from the in Items, I, II, and III below, which Items means, no later than the business day issuer, provided these variable rate have been prepared by the Board. The following receipt thereof by the broker, demand obligations qualify for the Commission is publishing this notice to dealer or municipal securities dealer; exemption provided under solicit comments on the proposed rule and subparagraph (d)(1)(iii) of Rule 15c2–12 change from interested persons. (ii) No change. under the Act (‘‘Rule 15c2–12’’). [In the event an official statement in Background. Rule G–32 provides that 18 17 CFR 200.30–3(a)(12). final form will not be prepared by or on no dealer shall sell any new issue 1 15 U.S.C. 78s(b)(1). behalf of the issuer, an official statement municipal securities to a customer 2 17 CFR 240.19b–4. in preliminary form, if any, shall be sent unless that dealer delivers to the 23316 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices customer, no later than the settlement of statement delivery obligation was issuer and the expected date of closing the transaction, a copy of the official premised, at least in part, on this timing on the underwriting. The revised forms statement in final form or, if an official requirement. went into effect on January 1, 1998 and statement in final form is not being The Board has previously sought to are currently being used by prepared, a written notice to the effect make Rule G–32 consistent with the underwriting. The revised forms went together with an official statement in provisions of Rule 15c2–12. In 1996, the into effect on January 1, 1998 and are preliminary form, if any.3 The rule is Board published a notice requesting currently being used by underwriters.12 designed to ensure that a customer who comments on a draft amendment to Rule The Board expects that information purchases a new issue municipal G–32 that, among other things, would obtained through the revised forms, as securities is provided with all available have expedited the time that customers well as, through dialogue with industry information relevant to his or her are provided with a final official participants, will assist it in assessing investment decision by settlement of the statement for primary offerings subject the effectiveness of Rule G–32 in the transaction. to Rule 15c2–12 to the date of delivery municipal marketplace as it has evolved The structure of Rule G–32, as of final money confirmations, as since 1985 and particularly since currently in effect, is premised on the opposed to settlement, as is currently promulgation of Rule 15c2–12. standard industry practice of issuers required.9 The draft amendment was Proposed Amendment. In delivering the securities to the based on the requirement under Rule promulgating Rule 15c2–12 and in underwriters two or more weeks after 15c2–12 that underwriters contract with response to concerns raised by the sale date for the securities issuers to receive final official commentators that applying the (hereinafter referred to as the ‘‘Bond statements in sufficient time to provisions of the rule to variable rate Delivery Period’’).4 The rule was accompany any confirmation that demand obligations ‘‘might originally adopted by the Board in requests payment from any customer. unnecessarily hinder the operation of 1977 5 and was amended substantially However, the Board decided not to this market,’’ 13 the Commission to its current form in 1985.6 In 1989, the proceed with the draft amendment provided an exemption to the rule for Commission promulgated Rule 15c2– primarily due to commentators’ any such obligations that can be 7 12, which requires underwriters in complaints that frequent delays in tendered by the holders thereof for primary offerings subject to the rule, obtaining the final official statement purchase by the issuer or its agent at among other things, to contract with from the issuer would often make least as frequently as every nine months issuer to receive final official statements compliance with the accelerated and that are in authorized denomination within seven business days after any timeframe impossible or unduly of $100,000 or more (‘‘Exempt VRDOs’’). 10 final agreement to purchase, offer or sell expensive and burdensome. The decision by the Commission to municipal securities and to receive In the interim, the Board had exclude Exempt VRDOs from the launched a review of the underwriting these statements in sufficient time to operation of Rule 15c2–12 was process which focused on, among other accompany any confirmation that consistent with the fundamental things, the manner and timeliness of request payment from any customer. At structural differences between such delivery of official statements from the time Rule 15c2–12 was drafted, the securities and most of the traditional issuers to underwriters under Rule industry’s standard Bond Delivery market for municipal securities. In most 8 15c2–12 and from underwriters to the Period was two or more weeks. variable rate demand obligation issues, Board under Rule G–36.11 The Board Presumably, Rule G–32’s official particularly those that fall within the found that, in some instances, issuers do Exempt VRDO category, the purchase 3 The rule applies to all municipal securities not meet their contractual obligation contract is not executed until the issue (other than commercial paper) that are sold by a entered into with underwriters pursuant dealer during the issue’s underwriting period, as to Rule 15c2–12 to deliver official closing date or the immediately such term is defined under Board rules. preceding day.14 Thus, in the vast 4 The Bond Market Association states that ‘‘[i]t statements within seven business days after the date of final agreement to majority of such issues, the Bond usually takes about one month from the sale date Delivery Period—the period between for the bonds to be actually ready to be delivered purchase, offer or sell the municipal to investors.’’ Public Securities Association, securities. The Board noted that, if the purchase date and the closing date— Fundamentals of Municipal Bonds, Fourth Edition is at most only one business day. As (1990). issuers are not meeting the current delivery requirement under Rule 15c2– issuers typically do not authorize the 5 See Securities Exchange Act Release No. 15247 printing of the official statement in final (October 19, 1978), 43 FR 50526 (October 30, 1978) 12, it is possible that final official (File No. SR–MSRB–77–12). The Commission statements also are not being prepared form until the execution of the purchase approved several Board rules in this release, in time to deliver to customers by contract, underwriters usually do not including G–32. settlement as required under Rule G–32. receive the official statement in final 6 The Commission approved this amendment is form until the closing date at the earliest Securities Exchange Act Release No. 22374 (August Thus, to assist the agencies charged 30, 1985), 50 FR 36505 (September 6, 1985) (File with enforcing Rules G–32 and G–36 and, in many instances, the printed No. SR–MSRB–85–11). Subsequent amendments and to provide additional information to version is not available until after the have been limited to providing a definition of the Board in considering the closing date, at which point the issuer ‘‘underwriting period’’ and clarifying the exemption has already delivered the Exempt for commercial paper. In addition, the Board has effectiveness of such rules, the Board filed with the Commission a proposed amendment proposed certain revisions to Forms G– VRDOs to the underwriters. that relates primarily to dealer-to-dealer 36(OS) and G–36(ARD) that would dissemination of official statements. See File No. require that underwriters indicate, 12 See Securities Exchange Act Release No. 39545 SR–MSRB–97–14 (December 22, 1997, amended (January 13, 1998), 63 FR 3368 (January 22, 1998) March 12, 1998). among other things, the date that final (File No. SR–MSRB–97–10). 7 Securities Exchange Act Release No. 26985 official statements are received from the 13 See Securities Exchange Act Release No. 26985 (June 28, 1989), 54 FR 28799 (July 10, 1989). (June 28, 1989), 54 FR 28799 (July 10, 1989). 8 For example, the seven business day time frame 9 See MSRB Reports, Vol. 16, No. 3 (Sept. 1996) 14 This compressed time frame arises as a result of paragraph (b)(3) of Rule 15c2–12 presumably at 19–23. of the fact that, as securities bearing short-term anticipated a typical Bond Delivery Period of at 10 See MSRB Reports, Vol. 17, No. 2 (June 1997) yields sold at par, the market dictates that pricing— least one and one-half weeks since the final official at 23–24. i.e., the setting of the interest rate borne by the statement is generally expected to be available at 11 See MSRB Reports, Vol. 17, No. 2 (June 1997) securities during the initial rate period—and least by closing of the underwriting transaction. at 3–16. settlement occur on a same-day or next-day basis. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23317

The Board has determined that, believes that the proposed rule change submissions should refer to File No. because the Bond Delivery Period for will ensure that the primary market in SR–MSRB–98–4 and should be Exempt VRDOs is at most one business municipal securities continues to submitted by May 19, 1998. day, it is often not possible for dealers experience adequate levels of disclosure For the Commission by the Division of to settle with customers—who expect to without disruption to the market for Market Regulation, pursuant to delegated receive delivery of their securities on variable rate demand obligations. authority.17 the issue date—without causing a B. Self-Regulatory Organization’s Margaret H. McFarland, violation of the requirement that they Deputy Secretary. deliver the official statement in final Statement on Burden on Competition [FR Doc. 98–11209 Filed 4–27–98; 8:45 am] form to such customers by settlement. The Board does not believe that the As a result, the Board is proposing an proposed rule change will impose any BILLING CODE 8010±01±M amendment to Rule G–32 that would burden on competition not necessary or appropriate in furtherance of the permit a dealer, selling new issue SECURITIES AND EXCHANGE purposes of the Act, because it would Exempt VRDOs, to deliver the official COMMISSION statement in preliminary form to the apply equally to all brokers, dealers and customer by settlement, together with a municipal securities dealers. written notice that the official statement [Release No. 34±39893; File No. SR±NASD± C. Self-Regulatory Organization’s in final form will be sent to the 98±23] Statement on Comments on the customer within one business day of Proposed Rule Change Received From Self-Regulatory Organizations; Notice receipt. Thereafter, once the dealer Members, Participants, or Others of Filing of Proposed Rule Change by receives the official statement in final the National Association of Securities form, it must send a copy to the Written comments were neither solicited nor received. Dealers, Inc. Relating to an customer within one business day of Amendment to the NASD's Options receipt. If no official statement in III. Date of Effectiveness of the Position Limits Rule preliminary form is being prepared, the Proposed Rule Change and Timing for dealer would only be obligated to Commission Action April 21, 1998. deliver by settlement the written notice Pursuant to Section 19(b)(1) of the regarding the official statement in final Within 35 days of the publication of this notice in the Federal Register or Securities Exchange Act of 1934 form and to send the official statement (‘‘Exchange Act’’ or ‘‘Act’’),1 notice is in final form upon receipt.15 The within such longer period (i) as the Commission may designated up to 90 hereby given that on March 10, 1998, proposed amendment offers an NASD Regulation, Inc. (‘‘NASD alternative method of compliance with days of such date if it finds such longer Regulation’’) filed with the Securities Rule G–32 in the case of Exempt period to be appropriate and publishes and Exchange Commission (‘‘SEC’’ or VRDOs. Thus, in those limited its reasons for so finding or (ii) as to ‘‘Commission’’) the proposed rule circumstances where dealers may in fact which the self-regulatory organization change as described in Items I, II, and receive the official statement in final consents, the Commission will: III below, which Items have been form in sufficient time to deliver it to (A) By order approve the proposed prepared by the self-regulatory customers by settlement (e.g., if an rule change, or organization. The Commission is issuer approves completion of the (B) Institute proceedings to determine publishing this notice to solicit official statement in final form prior to whether the proposed rule change comments on the proposed rule change execution of the purchase contract), should be disapproved. from interested persons. dealers would have the option of IV. Solicitation of Comments complying with the existing provision I. Self-Regulatory Organization’s of the rule by delivering the official Interested persons are invited to Statement of the Terms of Substance of statement in final form to the customer submit written data, views, and the Proposed Rule Change by settlement. arguments concerning the foregoing, including whether the proposed rule NASD Regulation is proposing to 2. Statutory Basis change is consistent with the Act. amend Rule 2860(b) of the of the The Board believes the proposed rule Persons making written submissions National Association of Securities change is consistent with Section should file six copies thereof with the Dealers, Inc. (‘‘NASD’’ or ‘‘Association’’) 15B(b)(2)(C) of the Act.16 The Board Secretary, Securities and Exchange to: (1) increase the position limits on Commission, 450 Fifth Street, NW, conventional equity options to three 15 As in the current rule, if no official statement Washington, DC 20549. Copies of the times the basic position limits for in final form is being prepared, such dealer would submission, all subsequent standardized equity options on the same deliver to the customer by settlement the official amendments, all written statements security; (2) disaggregate conventional statement in preliminary form, if any, and written notice to the effect that an official statement in final with respect to the proposed rule equity options from standardized equity form is not being prepared. If neither a final nor a change that are filed with the options and FLEX Equity Options for preliminary official statement is being prepared, the Commission, and all written position limit purposes; and (3) provide dealer would only be obligated to deliver by settlement the written notice to the effect that no communications relating to the that the OTC Collar Aggregation official statement in final form is being prepared. proposed rule change between the Exemption shall be available with 16 Section 15B(b)(2)(C) states that the Board’s Commission and any person, other than respect to an entire conventional equity rules shall be designed to prevent fraudulent and those that may be withheld from the options position, not just that portion of manipulative acts and practices, to promote just public in accordance with the the position that is established pursuant and equitable principles of trade, to foster cooperation and coordination with persons engaged provisions of 5 U.S.C. 552, will be to the NASD’s Equity Option Hedge in regulating, clearing, settling, processing available for inspection and copying in Exemption. Below is the text of the information with respect to, and facilitating the Commission’s Public Reference proposed rule change. Proposed new transaction in municipal securities, to remove Room. Copies of the filing will also be impediments to and perfect the mechanism of a free 17 17 CFR 200.30–3(a)(12). and open market in municipal securities, and, in available for inspection and copying at 1 general, to protect investors and the public interest. the Board’s principal offices. All 15 U.S.C. 78s(b)(1). 23318 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices language is in italics; proposed be available for option contracts on a. above, exceed three times the deletions are in brackets.2 securities which underlie or qualify to applicable position limit established in underlie Nasdaq or exchange-traded subparagraph (b)(3)(A)(i)–(v) with Rule 2860. Options options qualifying under applicable respect to standardized equity options, * * * * * rules for a position limit of 7,500 option or subparagraph (b)(3)(A)(ix) with respect to conventional equity options. (b) Requirements contracts; or (iii) 10,500 option contracts of the put c. The Equity Option Hedge (2) Definitions class and the call class on the same side Exemption is a pilot program authorized The following terms shall, unless the of the market covering the same by the Commission through December context otherwise requires, have the underlying security providing that the 31, 1999.3 stated meanings: 10,500 contract position limit shall only (viii) OTC With Aggregation Exemption * * * * * be available for option contracts on securities which underlie or qualify to a. For purposes of this paragraph (b), (VV) Standardized Equity Option— the term OTC collar shall mean a The term ‘‘standardized equity option’’ underlie Nasdaq or exchange-traded options qualifying under applicable conventional equity option position means any equity options contract comprised of short (long) calls and long issued, or subject to issuance by, The rules for a position limit of 10,500 option contracts; or (short) puts overlying the same security Options Clearing Corporation that is not that hedge a corresponding long (short) a FLEX Equity Option. (iv) 20,000 options contracts of the put and the call class on the same side position in that security. (WW)—(AAA) Redesignated b. Notwithstanding the aggregation accordingly. of the market covering the same underlying security, providing that the provisions for short (long) call positions * * * * * 20,000 contract position limit shall only and long (short) put positions contained (3) Position Limits be available for option contracts on in subparagraphs (i) through (v) above, securities which underlie or qualify to the conventional options positions (A) Stock Options—Except in highly involved in a particular OTC collar unusual circumstances and with the underlie Nasdaq or exchange-traded options qualifying under applicable transaction [established pursuant to the prior written approval of the position limit hedge exemption in Association in each instance, no rules for a position limit of 20,000 option contracts; or subparagraph (vii)] need not be member shall effect for any account in aggregated for position limit purposes, which such member has an interest, or (v) 25,000 options contracts of the put and the call class on the same side of provided the following conditions are for the account of any partner, officer, satisfied: director or employee thereof, or for the the market covering the same underlying security, providing that the 1. the conventional options can only account of any customer, an opening be exercised if they are in-the-money; 25,000 contract position limit shall only transaction through Nasdaq, the over- 2. neither conventional option can be be available for option contracts on the-counter market or on any exchange sold, assigned, or transferred by the in a stock option contract of any class securities which underlie or qualify to holder without the prior written consent of stock options if the member has underlie Nasdaq or exchange-traded of the writer; reason to believe that as a result of such options qualifying under applicable 3. the conventional options must be transaction the member or partner, rules for a position limit of 25,000 European-style (i.e., only exercisable officer, director or employee thereof, or option contracts; or upon expiration) and expire on the same (vi) such other number stock options customer would, acting alone or in date; contracts as may be fixed from time to concert with others, directly or 4. The strike price of the short call can time by the Association as the position indirectly, hold or control or be never be less than the strike price of the limit for one or more classes or series of obligated in respect of an aggregate long put; and options provided that reasonable notice standardized equity options position in 5. neither side of any particular OTC shall be given of each new position limit excess of: collar transaction can be in-the-money (i) 4,500 option contracts of the put fixed by the Association. when that particular OTC collar is (vii) Equity Option Hedge Exemption class and the call class on the same side established. a. The following positions, where 6. the size of the conventional options of the market covering the same each option contract is ‘‘hedged’’ by 100 underlying security, combining for in excess of the applicable basic shares of stock or securities readily position limit for the options purposes of this position limit long convertible into or economically positions in put options with short established pursuant to subparagraph equivalent to such stock, or, in the case (b)(3)(A)(ix) [(A)(i)–(v) above] must be positions in call options, and short of an adjusted option contract, the same positions in put options with long hedged on a one-to-one basis with the number of shares represented by the requisite long or short stock position for positions in call options; or adjusted contract, shall be exempted (ii) 7,500 options contracts of the put the duration of the collar, although the from established limits contained in (i) class and the call class on the same side same long or short stock position can be through (vi) above: used to hedge both legs of the collar. of the market covering the same 1. long call and short stock; underlying security, providing that the 2. short call and long stock; 3 The Commission notes that the NASD filed a 7,500 contract position limit shall only 3. long put and long stock. proposed rule change requesting that the Equity 4. short put and short stock Option Hedge Exemption pilot program be 2 The proposed new language assumes that the b. Except as provided [under] in extended until December 31, 1999. An amendment proposed rule changes filed with the Commission was later filed, reducing the extension until in SR–NASD–98–15, on February 13, 1998, and SR– subparagraph (b)(3)(A)(ix) and in the December 31, 1998. The Commission approved the NASD–98–02, on January 20, 1998, have been OTC Collar Exemption contained in proposed rule change, as amended. See Exchange approved. The Commission notes that SR–NASD– subparagraph (b)(3)(A)(viii), in no event Act Release No. 39865 (April 14, 1998) (SR–NASD– 98–15 was approved on March 19, 1998, and SR– may the maximum allowable position, 98–02). The NASD will be submitting an NASD–98–02 was approved on April 14, 1998. See amendment to this filing (SR–NASD–98–23), Exchange Act Release Nos. 39771 (March 19, 1998), inclusive of options contracts hedged clarifying in the proposed rule language that the 63 FR 14743 (March 26, 1998) (SR–NASD–98–15); pursuant to the equity option position Equity Option Hedge Exemption pilot program has 39865 (April 14, 1998) (SR–NASD–98–02). limit hedge exemption in subparagraph been extended only until December 31, 1998. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23319

c. For multiple OTC collars on the (c) Customer C, who is long 1,700 option is determined according to a five- same security meeting the conditions set XYZ calls, may not at the same time be tiered system whereby more actively forth in subparagraph b. above, all of the short more than 2,800 XYZ puts, since traded securities with larger public short (long) call options that are part of the 4,500 contract limit applies to the floats are subject to higher position such collars must be aggregated and all aggregation of long call and short put limits and less actively traded stocks are of the long (short) put options that are positions in options covering the same subject to lower limits.5 Presently, part of such collars must be aggregated, underlying security. Similarly, if conventional and standardized equity but the short (long) calls need not be Customer C is also short 1,600 XYZ options are subject to the same position aggregated with the long (short) puts. calls, he may not at the same time be limits, and all equity options overlying d. Except as provided above in long more than 2,900 puts, since the a particular equity security on the same subparagraphs b. and c., in no event 4,500 contract limit applies separately side of the market are aggregated for may a member fail to aggregate any to the aggregation of short call and long position limit purposes, regardless of conventional [or standardized] options put positions in options covering the whether the option is a conventional, contract of the put class and the call same underlying security. standardized or FLEX Equity Option.6 class overlying the same equity security (d) Customer D, who is short 900,000 On September 9, 1997, the Commission on the same side on the market with [450,000] shares of XYZ, may be long up approved a two-year pilot program conventional option positions to 13,500 [9,000] XYZ calls, since the (‘‘Pilot Program’’) to eliminate position established in connection with an OTC ‘‘hedge’’ exemption contained in and exercise limits for FLEX Equity collar. paragraph (b)(3)(A)(vii) permits Options, which are traded on the e. Nothing in this subparagraph (viii) Customer D to establish an options American Stock Exchange, Inc. changes the applicable position limit for position up to 13,500 [9,000] contracts (‘‘AMES’’), the Chicago Board Options a particular equity security. Exchange, Inc. (‘‘CBOE’’), and the (ix) For purposes of this paragraph in size. In this instance, 4,500 of the 13,500 [9,000] contracts are permissible Pacific Exchange, Inc. (‘‘PCX’’) (b), standardized equity options (collectively ‘‘Options Exchanges’’).7 In contracts of the put class and call class under the basic position limit contained in paragraph (b)(3)(A)(i) and the light of the Pilot Program, NASD on the same side of the market overlying Regulation is proposing to amend its the same security shall not be remaining 9,000 [4,500] contracts are permissible because they are hedged by rules governing position and exercise aggregated with conventional equity limits for conventional equity options. options contracts or FLEX Equity the 900,000 [450,000] short stock position. NASD Regulation previously has filed a Options contracts overlying the same proposed rule change to eliminate security on the same side of the market. * * * * * position and exercise limits on FLEX Conventional equity options contracts of II. Self-Regulatory Organization’s Equity Options to make its rules the put class and call class on the same Statement of the Purpose of, and consistent with the Pilot Program.8 side of the market overlying the same Statutory Basis for, the Proposed Rule NASD Regulation believes the proposed security shall be subject to a basic Change rule change herein is necessary to foster position limit equal to three times the competition between the over-the- applicable position limit established for In its filing with the Commission, the counter (‘‘OTC’’) market and the standardized equity options overlying self-regulatory organization included Options Exchanges. the security pursuant to subparagraphs statements concerning the purpose of FLEX Equity Options are exchange- A(i)–(v) above and are eligible for the and basis for the proposed rule change traded options issued by the Options OTC Collar Exemption set forth in and discussed any comments it received Clearing Corporation (‘‘OCC’’) that give subparagraph A(viii) above and the on the proposed rule change. The text investors the ability, within specified Equity Option Hedge Exemption set of these statements may be examined at limits, to designate certain terms of the forth in subparagraph A(vii) above. the places specified in Item IV below. option (i.e., the exercise price, exercise (Footnotes omitted. No changes). The self-regulatory organization has style, expiration date, and option type). * * * * * prepared summaries, set forth in Because they are non-uniform and Sections A, B, and C below, of the most individually negotiated, FLEX Equity IM–2860–1. Position Limits significant aspects of such statements. Options closely resemble and are The following examples illustrate the A. Self-Regulatory Organization’s operation of position limits established applicable position limit for those options classes. Statement of the Purpose of, and by Rule 2860(b)(3) (all examples assume See NASD Rules 2860(b)(3) and (4). Statutory Basis for, the Proposed Rule 5 a position limit of 4,500 contracts and Currently, the five tiers are for 4,500, 7,500, Change 10,500, 20,000 and 25,000 contracts. NASD rules do that the options are standardized not specifically govern how a specific equity option options): 1. Purpose falls within one of the five position limit tiers. (a) Customer A, who is long 4,500 Rather, the NASD’s position limit rule provides that XYZ calls, may at the same time be NASD Rule 2860(b)(3) provides that the position limit established by an options 4 short 4,500 XYZ calls, since long and the position limit for each equity exchange(s) for a particular equity option is the applicable position limit for purposes of the short positions in the same class of 4 Position limits impose a ceiling on the number NASD’s rule. options (i.e., in calls only, or in puts of option contracts in each class on the same side 6 Standardized options are exchange-traded only) are on opposite sides of the market of the market (i.e., aggregating long calls and short options issued by the Options Clearing Corporation and are not aggregated for purposes of puts; or long puts and short calls) that can be held (‘‘OCC’’) that have standard terms with respect to paragraph (b)(3). or written by an investor or group of investors strike prices, expiration dates, and the amount of acting in concert. Exercise limits restrict the the underlying security. A conventional option is (b) Customer B, who is long 4,500 number of options contracts that an investor or any other option contract not issued, or subject to XYZ calls, may at the same time be long group of investors acting in concert can exercise issuance by, OCC. 4,500 XYZ puts. Paragraph (b)(3) does within five consecutive business days. Under NASD 7 See Exchange Act Release No. 39032 (September not require the aggregation of long call Rules, exercise limits correspond to position limits, 9, 1997), 62 FR 48683 (September 16, 1997). such that investors in options classes on the same 8 See SR–NASD–98–15. The Commission notes and long put (or short call and short side of the market are allowed to exercise, during that SR–NASD–98–15 was approved on March 19, put) positions, since they are on any five consecutive business days, only the 1998. See Exchange Act Release No. 39771 (March opposite sides of the market. number of options contracts set forth as the 19, 1998), 63 FR 14743 (March 26, 1998). 23320 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices economically equivalent to conventional and other options is change to the OTC Collar Aggregation conventional equity options. necessary to give full effect to the Exemption would allow a market Accordingly, to more closely align the proposed increase in position limits for participant to establish a collar NASD’s position limit rules for conventional equity options. Without consisting of two segments, each of conventional equity options with the disaggregation, positions in FLEX which involves a position three times rules for FLEX Equity Options, NASD Equity Option or standardized option greater than the basic position limit. Regulation proposes to amend Rule positions would reduce or potentially Consequently, using the example above, 2860(b)(3) to provide that: (1) position even eliminate (in the case of FLEX a market participant could establish an limits on conventional equity options Equity Options) the available position OTC collar on ABCD involving 75,000 shall be increased to three times the limits for conventional equity options. long (short) calls and 75,000 short (long) basic position limits for standardized To illustrate how these proposed puts, for a total of 150,000 contracts.11 equity options on the same security; (2) amendments would work, consider the If, however, the basic position limits conventional equity options shall be following example of stock ABCD, for conventional options were tripled, as disaggregated from standardized equity which is subject to a position limit of proposed above, the permissible options options and FLEX Equity Options for 25,000 standardized equity option position established under the OTC position limit purposes; and (3) the OTC contracts. In this example, a market Collar Aggregation Exemption would be Collar Aggregation Exemption shall be participant could establish a position of correspondingly increased. For available with respect to an entire 25,000 standardized option contracts on example, if the market participant in the conventional equity options position, ABCD and an additional 75,000 above example had increased the size of not just that portion of the position that conventional option contracts on ABCD its conventional options position to is established pursuant to the NASD’s on the same side of the market, since 225,000 contracts pursuant to the Equity Equity Option Hedge Exemption. conventional and standardized option Option Hedge Exemption as proposed The NASD’s Equity Option Hedge positions would be disaggregated. In above (based upon a limit of three times Exemption 9 provides for an automatic addition, the market participant also the 75,000 conventional equity options exemption from equity option position may have a position of any size in FLEX position limit), the market participant limits for accounts that have established Equity Options overlying ABCD, since could establish an OTC collar on ABCD hedged positions on a limited one-for- such FLEX Equity Options would not be involving 225,000 long (short) calls and one basis (i.e., 100 shares of stock for aggregated with either the conventional 225,000 short (long) puts, for a total of one option contract). Under the Equity equity options or standardized equity 450,000 contracts. Option Hedge Exemption, the largest options overlying ABCD. Further, by Finally, in addition to the proposed options position that may be established taking advantage of the Equity Option rule changes discussed above, the NASD (combining hedged and unhedged Hedge Exemption, which permits a is proposing to clarify and update the positions) may not exceed three times market participant to assume a hedged examples contained in IM–2860–1 so the basic position limit. The OTC Collar options position that is three times the that they are consistent with the instant Aggregation Exemption 10 provides that otherwise applicable position limit, a proposal and prior increases in the positions in conventional put and call market participant could increase the hedge exemption. options establishing OTC collars need number of conventional equity options 2. Statutory Basis not be aggregated for position limit to 225,000 contracts. purposes. An OTC collar transaction NASD Regulation proposes to modify NASD Regulation believes that the involves the purchase (sale) of a put and the terms of the OTC Collar Aggregation proposed rule change is consistent with the sale (purchase) of a call on the same Exemption to apply to an entire the provisions of Section 15A(b)(6) of underlying security to hedge a long conventional equity option position, not the Act,12 which requires, among other (short) stock position. just the portion that is established things, that the Association’s rules be At the present time, NASD Regulation pursuant to the Equity Option Hedge designed to prevent fraudulent and believes that the prudent regulatory Exemption. NASD Regulation believes manipulative acts and practices, to approach is to increase position limits such an amendment is consistent with promote just and equitable principles of on conventional equity options in the economic logic underlying the OTC trade, to remove impediments to and conjunction with continued availability Collar Aggregation Exemption, i.e., that perfect the mechanism of a free and of the Equity Option Hedge Exemption if the terms of the exemption are met, open market and a national market and OTC Collar Aggregation Exemption. the segments of an OTC collar will system and, in general, to protect NASD Regulation proposes an never both be in-the-money at the same investors and the public interest. NASD incremental approach and in this case time or exercised. Under current rules, Regulation believes that the proposed believes that increasing position limits assuming that stock ABCD is subject to rule change, which will increase the for conventional equity options to three a basic position limit of 25,000 position limits on conventional equity times the position limits for contracts, market participant taking options, disaggregate conventional standardized equity options is advantage of the Equity Option Hedge equity options from exchange-traded appropriate. These proposed limits Exemption could establish a hedged equity options for position limit correspond to the position limits in position on ABCD involving a total of purposes, and provide that the OTC effect for FLEX Equity Options prior to 75,000 conventional equity option Collar Aggregation Exemption may be the Pilot Program. contracts (three times the basic limit), NASD Regulation also believes that including 50,000 contracts that are 11 While the OTC Collar Aggregation Exemption established under the Equity Option is self-effectuating with respect to the hedged conventional equity options positions components of conventional options positions, should not be aggregated with Hedge Exemption. A market participant NASD Regulation has also permitted members to standardized and FLEX Equity Options using the OTC Collar Aggregation include non-hedged positions within OTC collars on the same securities for position limit Exemption could then establish a under the terms of the OTC Collar Aggregation conventional position of 50,000 long Exemption on a pre-approval basis. Accordingly, purposes. Disaggregation of the instant rule change would turn this pre- (short) calls and 50,000 short (long) approval process for non-hedged components of 9 Rule 2860(b)(3)(A)(vii). puts, for a total of 125,000 contracts OTC collars into a self-effectuating process. 10 Rule 2860(b)(3)(A)(viii). overlying ABCD. The proposed rule 12 15 U.S.C. 78o–3(b). Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23321 utilized with respect to any communications relating to the registered persons. Below is the text of conventional equity options position, proposed rule change between the the proposed rule change. not just that portion of the position that Commission and any person, other than Proposed new language is in italics. was established pursuant to the NASD’s those that may be withheld from the * * * * * Equity Option Hedge Exemption, will public in accordance with the enable market participants to establish provisions of 5 U.S.C. 552, will be Rule 1150. Regulatory Form Disclosures larger positions in conventional equity available for inspection and copying at (a) Mandatory Disclosures options and, thus, will help to ensure the Commission’s Public Reference A member must make truthful and that participants in the OTC options Room, located at the above address. accurate statements on the covered market are not placed at a competitive Copies of such filing will also be forms required under Article V, Sections disadvantage vis-a-vis the exchange available for inspection and copying at 2 and 3 of the By-Laws. markets. In addition, NASD Regulation the principal office of the Exchange. All believes that increasing the position submissions should refer to File No. (b) Qualified Immunity limits for conventional equity options SR–NASD–98–23 and should be (1) This paragraph shall apply to any will afford market participants, submitted by May 19, 1998. arbitration proceeding between a particularly portfolio managers, issuers, For the Commission, by the Division of member or other party and a covered and sophisticated institutional Market Regulation, pursuant to delegated person relating to statements made in investors, greater flexibility to employ authority.13 response to an information requirement larger options positions when Margaret H. McFarland, of a covered form with respect to such effectuating their investment strategies. Deputy Secretary. covered person, to the extent that such B. Self-Regulatory Organization’s [FR Doc. 98–11169 Filed 4–27–98; 8:45 am] statements are contained in a covered Statement on Burden on Competition BILLING CODE 8010±01±M form that has been or, at a subsequent point in time, is (A) filed with a The Association does not believe that regulatory authority or self-regulatory the proposed rule change will impose SECURITIES AND EXCHANGE organization, and (B) disseminated by any inappropriate burden on COMMISSION reason of such filing, or otherwise competition. disseminated orally, in writing, or C. Self-Regulatory Organization’s [Release No. 34±39892; File No. SR±NASD± 98±18] through any electronic medium to an Statement on Comments on the appropriate person. Proposed Rule Change Received From Self-Regulatory Organizations; Notice (2) A defending party shall not be Members, Participants, or Others of Filing of Proposed Rule Change by liable in a proceeding to a covered No written comments were either National Association of Securities person for any defamation claim related solicited or received. Dealers, Inc. Relating to Qualified to an alleged untrue statement that is Immunity in Arbitration Proceedings contained in a covered form if the III. Date of Effectiveness of the for Statements Made on Forms U±4 statement was true at the time that the Proposed Rule Change and Timing for and U±5 statement was made. Commission Action (3) A defending party shall not be Within 35 days of the publication of April 21, 1998. liable in a proceeding to a covered this notice in the Federal Register or Pursuant to Section 19(b)(1) of the person for any defamation claim related within such longer period (i) as the Securities Exchange Act of 1934 to an alleged untrue statement that is Commission may designate up to 90 (‘‘Act’’),1 notice is hereby given that on contained in a covered form unless the days of such date if it finds such longer April 21, 1998, NASD Regulation, Inc. covered person shows by clear and period to be appropriate and publishes (‘‘NASD Regulation’’) filed with the convincing evidence that: its reasons for so finding or (ii) as to Securities and Exchange Commission (A) the defending party knew at the which the self-regulatory organization (‘‘SEC’’ or ‘‘Commission’’) the proposed time that the statement was made that consents, the Commission will: rule change as described in Items I, II, it was false in any material respect; or (A) by order approve the proposed and III below, which Items have been (B) the defending party acted in rule change, or prepared by NASD Regulation. The reckless disregard as to the statement’s (B) institute proceedings to determine Commission is publishing this notice to truth or falsity. whether the proposed rule change solicit comments on the proposed rule (c) Definitions should be disapproved. change from interested persons. For purposes of this Rule: IV. Solicitation of Comments I. Self-Regulatory Organization’s (1) The term ‘‘appropriate person’’ Interested persons are invited to Statement of the Terms of Substance of means any federal or state governmental submit written data, views and the Proposed Rule Change or regulatory authority, and self- arguments concerning the foregoing, NASD Regulation is proposing to add regulatory organization, any employer including whether the proposed rule a new rule to the Rules of the National or prospective employer of a covered change is consistent with the Act. Association of Securities Dealers, Inc. person, or any person who requests or Persons making written submissions (‘‘NASD’’ or ‘‘Association’’), to provide is required to obtain information should file six copies thereof with the members of the NASD with qualified concerning the covered person from the Secretary, Securities and Exchange immunity in arbitration proceedings for defending party and as to whom the Commission, 450 Fifth Street, N.W., statements made in good faith in certain defending party has a legal obligation to Washington, D.C. 20549. Copies of the disclosures filed with the NASD on provide such information. submission, all subsequent Forms U–4 and U–5, the uniform (2) The term ‘‘claim’’ means any amendments, all written statements registration and termination notices for claim, counterclaim, third-party claim, with respect to the proposed rule or cross-claim. change that are filed with the 13 17 CFR 200.30–3(a)(12). (3) The term ‘‘covered form’’ means Commission, and all written 1 15 U.S.C. § 78s(b)(1). any form or notice required under 23322 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

Article V, Sections 2 and 3 of the By- on Form U–5 following termination of departing employee, or to prevent him Laws, including Forms U–4 and U–5. employment of a registered person. The or her from obtaining new employment Disclosure Reporting Pages, and related NASD By-Laws (Article V, Section 3) or attracting existing customers to explanatory materials. require that the member give notice of another member firm where the person (4) The term ‘‘covered person’’ means the termination to the NASD within 30 has subsequently become employed. any present or former registered person days after the termination, and that the Development of the Rule Proposal. or other employee of a member who is member provide a copy simultaneously The NASD met periodically during 1997 a party to a proceeding relating to a to the registered person. The By-Laws to discuss defamation issues with dispute within the scope of this Rule. also require that the member notify the representatives of member firms, the (5) The term ‘‘defending party’’ means NASD, and send a copy to the registered Securities Industry Association, the any member who is a party to a person, within 30 days if the member New York Stock Exchange (‘‘NYSE’’), proceeding and who is adverse to a learns of facts or circumstances causing the North American Securities covered person who is a party, and any any information in the prior notice to Administrators Association, and associated person of such member. become inaccurate or incomplete. attorneys who often represent registered (Rule 1150 is effective beginning on Form U–5, which is entitled the representatives in court litigation and in (Date) 1998 and ending on (Date) 2002, ‘‘Uniform Termination Notice for arbitration proceedings. and applies to claims relating to any Securities Industry Registration,’’ is a Many members of the industry covered forms, as defined in Rule 1150, form used throughout the securities favored a regulatory standard providing that are filed during that period.) industry at both the federal and state for absolute immunity. Most state court * * * * * level. It requires that the member decisions that have considered this indicate the reason for the termination issue in the Form U–5 or in similar II. Self-Regulatory Organization’s by checking one of the blocks labeled contexts have adopted a qualified Statement of the Purpose of, and Voluntary, Deceased, Permitted to immunity standard. However, one New Statutory Basis for, the Proposed Rule Resign, Discharged, or Other. If one of York state court decision has expressly Change the last three blocks is checked, the recognized an absolute immunity In its filing with Commission, NASD member must provide an explanation. standard with respect to statements Regulation included statements Regardless of the block checked, the contained in the Form U–5.4 Those concerning the purpose of, and statutory member also must indicate whether the states that, by court decision or statute, basis for, the proposed rule change and registered person, during the period of have adopted a qualified immunity discussed any comments it received on his or her association with the member, standard in the same or similar contexts, the proposed rule change. The text of was involved in certain types of require that falsity or recklessness be these statements may be examined at disciplinary actions, the subject of a proved either by ‘‘preponderance of the the places specified in Item IV below. customer complaint, convicted of evidence’’ or by ‘‘clear and convincing NASD Regulation has prepared certain crimes, or under investigation or evidence,’’ as discussed below. summaries, set forth in Sections A, B, internal review. In order to obtain as many views as possible, the NASD published a draft of and C below, of the most significant In recent years, registered persons the proposed rule change in a Notice to aspects of such statements. have brought, primarily in arbitration, a number of defamation 2 claims for Members (‘‘NTM 97–77’’) that was A. Self-Regulatory Organization’s allegedly untrue or misleading mailed to member firms and other Statement of the Purpose of, and statements made on the Form U–5.3 subscribers, and was also posted on the Statutory Basis for, the Proposed Rule Because of the financial interests at NASD Regulation Web site and sent to Change issue the potential for substantial a group of attorneys who represent employees, to registered representatives 1. Purpose damages may exist in a number of cases. The NASD believes that the potential for Summary. The proposed rule is liability, or for inconsistent standards of 4 Herzfeld & Stern, Inc. v. Beck, 572 N.Y.S.2d 683 designed to deal with the prospect that liability, is a significant disincentive for (N.Y. App. Div. 1991), appeal dismissed, 79 N.Y.2d member firms may be reluctant to make 917 (1992). The court reasoned that federal law had firms to provide full and fair disclosure. established a comprehensive system of oversight complete disclosures on forms required Failure to make full disclosure of and self-regulation by the NYSE in order to ensure to be filed with the NASD because of the disciplinary problems has the potential adherence by members of the industry to both the potential for lawsuits relating to statutory mandates and ethical standards of the to compromise the integrity of the profession, and concluded that the NYSE’s defamation claims by former or present Central Registration Depository, and disciplinary function conforms to the requirements employees. The proposed rule would hinders enforcement action by the of a quasi-judicial administrative proceeding. create a uniform qualified immunity NASD and other regulators. At the same Therefore, statements made on a Form U–5 and standard for statements made in good later used as the basis for an NYSE investigation time, the NASD believes it is important were considered ‘‘statements uttered in the course faith in certain disclosures filed with that any solution provide adequate of a judicial or quasi-judicial proceeding [which the NASD on Forms U–4 and U–5. To protection to employees from statements are] absolutely privileged so long as they are overcome this qualified immunity, a designed to penalize unfairly a material and pertinent to the questions involved registered person would have to prove notwithstanding the motive with which they are made.’’ Id. at 683. But see Fleet Enterprises, Inc. v. in an arbitration proceeding by clear 2 ‘‘Defamation’’ has been defined as an Velinsky, No. 604462/96 (N.Y. Sup. Ct. Jan. 16. and convincing evidence that the ‘‘intentional false communication, either published 1997), in which a lower court in New York rejected member firm knew at the time the or publicly spoken, that injures another’s reputation a brokerage firm’s petition, on absolute privilege statement was made that it was false in or good name.’’ Black’s Law Dictionary 417 (6th ed. grounds, to stay the arbitration of Form U–5 1990). ‘‘Libel’’ (written defamation) and ‘‘slander’’ defamation claims, and ordered arbitration to any material respect, or that the member (spoken defamation) are both methods of proceed, applying the Federal Arbitration Act as to acted in reckless disregard to the defamation. Id at 1388. the issue of arbitrability. The court stated that statement’s truth or falsity. For purposes 3 Defamation claims may also arise with respect ‘‘whether New York substantive law will apply to of NASD arbitration, the rule would to disclosures on Form U–4, which is required to Velinsky’s claims in arbitration is for the arbitrator be filed by registered persons upon the occurrence to decide.’’ Slip op. at 5. See also Fahnestock & Co., supersede state law on the same subject. of certain events, but which in practice is often Inc. v. Waltman, 935 F.2d 512 (2d Cir. 1991); Culver Background. This issue arises drafted by the member firm with which the v. Merrill Lynch & Co., Inc., 1995 U.S. Dist. Lexis primarily in the context of filings made individual is associated. 10017 (S.D.N.Y. 1995). Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23323 groups, and to others. That proposal other forms, or regulatory processes for a covered form with respect to a present included a provision that would require improper purpose. In addition, NASD or former employee of the firm. The rule member firms to give notice of the Regulation will provide a mechanism would also apply to the liability of both contents of a Form U–5 (and through its Internet Web Site to obtain member firms and associated persons, amendments) to the subject of the form input from employees, member firms, and accordingly would apply to both at least ten days prior to filing the form, and others as to the operation of the the signatory of the form or other and would require members to provide pilot program and to report potential persons involved in the preparation of immediate notification to employees of abuses. To the extent that NASD the form as well as the member itself. material revisions to be filed on Form Regulation determines that misuse of The rule as proposed in NTM 97–77 U–5. Fifty-three comments were regulatory processes has increased would have required members to received and considered by the NASD. during the pilot period, it may provide employees with copies of The advance notice provision was the determine to modify or terminate the proposed language on Form U–5 subject of almost universal criticism, as rule prior to the end of that period. describing the reason for termination at described below. A revised proposal Finally, NASD Regulation will provide least ten days before the filing of the was approved by the NASD Regulation training to arbitrators to ensure that they form or an amendment to the form. In and NASD Boards in January 1998. are cognizant of these concerns, that addition, members would have been Details of the Proposed Rule. The they understand the application of the required to provide to the employee proposal rule would provide that rule, and that the rule is applied only immediate notice of revisions to the members and associated persons will with respect to appropriate types of proposed language. The purpose of not be liable to an employee for a claim claims.6 these provisions was to provide that is related to an alleged untrue Paragraph (a) of the proposed rule employees with an opportunity to seek statement contained in Form U–4 or U– states that members must provide amended disclosure language when they 5 pertaining to the employee, unless the truthful and accurate statements in could demonstrate obvious employee can prove by clear and response to the information inaccuracies. convincing evidence that the defending requirements of the forms required After further review, NASD party knew that the statement was false under Sections 2 and 3 of Article V of Regulation has determined to delete in any material respect, or acted in the Association’s By-Laws, i.e., Forms these provisions in light of the reckless disregard as to its truth or U–4 and U–5 and attachments to those comments received. The comments of falsity. forms. This paragraph make clear that both members and registered As noted above, state law standards the purpose of the proposed rule is to representatives were overwhelmingly generally provide for some type of further the goal of accurate disclosure, negative with regard to this part of the qualified immunity for statements of the and is intended to reaffirm the existing proposal. Many commenters expressed type that are required by the covered disclosure obligation of NASD members the view that these provisions would forms, and therefore the rule may not as set forth in the By-Laws. The word lead to ‘‘negotiated’’ or ‘‘watered down’’ represent a substantial change in the ‘‘complete’’ was deleted from the draft disclosure, and some suggested that it standard that would apply in a given version of the proposed rule, to address could compromise ongoing internal case, but will instead provide a uniform the concern of some commenters that investigations. Some commenters stated standard to which parties and this language could be construed as that the period was too short for arbitrators can look for guidance. NASD adding a new but vague requirement of meaningful review of the Form U–5, Regulation in concerned, however, that ‘‘completeness’’ and could create while other commenters felt that the the proposal not signal a willingness to liability beyond that contemplated by period was too long in that it left broker/ tolerant false or malicious statements by the By-Laws. dealers only 20 days within which to prepare the forms and mail them to member firms with respect to their The proposed rule would apply to employees, since Form U–5 must be employees, either through disclosures statements made on ‘‘covered forms.’’ filed with the NASD within 30 days on the covered forms or through other Covered forms are defined in paragraph after termination. Some commenters venues. Any such statements clearly (c)(3) to include forms or notices pointed out that employees already have violate the obligation of members to required under Article V, Sections 2 and an opportunity to comment on certain provide accurate information to NASD 3 of the By-Laws, including Disclosure reportable events through filing of an Regulation and are inconsistent with Reporting Pages and other explanatory materials attached to the forms or amended Form U–4. just and equitable principles of trade. The proposed rule would provide In particular, NASD Regulation is notices. Although the area of greatest focus has involved the filing of Form U– qualified protection to statements only concerned with the potential that to the extent that they are contained in disclosures contained on covered forms 5 in connection with employee terminations, members of the industry a covered form that has been or, at a may be used deliberately by one subsequent point in time, is filed with member to limit the mobility of have indicated that required disclosures pertaining to employees on Form U–4 any federal or state regulatory authority, registered persons who have determined or self-regulatory organization, and are to find employment with another provide the same potential for liability, and NASD Regulation believes that the disseminated to ‘‘appropriate persons.’’ member, or to delay the effectiveness of Therefore, oral statements are covered the transfer of employment.5 As noted, same regulatory interests in complete disclosure apply to statements on that by the qualified immunity only to the such conduct would be grounds for extent that they track language that is disciplinary action, and during the form. The rule would apply to statements made by a member firm on already or later incorporated into the rule’s pilot period, NASD Regulation covered form. In this context, paragraph intends to consider and investigate 6 Because the rule as proposed would apply only (c)(1) of the proposed rule defines evidence of misuse of covered forms to claims for defamation, it would not affect other ‘‘appropriate persons’’ to include, in claims, e.g., tortuous interference with contractual addition to regulatory organizations, 5 NASD Rule 10335 of the Code of Arbitration relations, to the extent that such claims would Procedure contains special provisions for injunctive constitute substantially different causes of action current or prospective employers and relief in circumstances where fast interim relief is and not merely recharacterization of defamation others who affirmatively request necessary. claims. information concerning the employee 23324 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices and as to whom the member has an The proposed rule would apply for a IV. Solicitation of Comments obligation to provide the information. pilot period of four years. Prior to the The latter provision is designed to end of that period, the staff will review Interested persons are invited to ensure that the rule would apply to a sample of filings made during the submit written data, views, and requests from persons as to whom period of the rule’s effectiveness to arguments concerning for foregoing, applicable legal standards require the attempt to gauge the nature and quality including whether the proposed rule disclosure of the information. of disclosure that has been provided, in change is consistent with the Act. Paragraph (b)(2) of the proposed rule contract with forms filed prior to the Persons making written submissions provides that a defending party shall not pilot period. should file six copies thereof with the Secretary, Securities and Exchange be liable for a defamation claim if the 2. Statutory Basis statement was true at the time that the Commission, 450 Fifth Street, N.W., statement was made. As noted above, NASD Regulation believes that the Washington, D.C. 20549. Copies of the Article V, Section 3 of the NASD By- proposed rule change is consistent with submission, all subsequent Laws already requires that the member the provisions of Section 15A(b)(6) of amendments, all written statements notify the NASD, and send a copy to the the Act, which requires, among other with respect to the proposed rule registered person, within 30 days if the things, that the Association’s rule must change that are filed with the member learns of facts or circumstances be designed to prevent fraudulent and Commission, and all written causing any information in the prior manipulative acts and practices, to communications relating to the notice to become inaccurate or promote just and equitable principles of proposed rule change between the incomplete. trade, and, in general, to protect Commission and any person, other than Paragraph (b)(3) of the proposed rule investors and the public interest. The those that may be withheld from the contains the basic legal standard found NASD believes that the proposed rule public in accordance with the in federal and state court decisions that change will encourage fuller disclosure provisions of 5 U.S.C. 552, will be recognize a qualified immunity in by member firms of any regulatory available for inspection and copying in various contexts. The courts do not, problems concerning a registered the Commission’s Public Reference however, consistently define the burden representative and thus provide more Room. Copies of such filing will also be of proof that a plaintiff must meet in complete information to the investing available for inspection and copying at order to show that a false statement was public through the Public Disclosure the principal office of the NASD. All made knowingly or recklessly. Some Program and to other broker/dealers submissions should refer to file number decisions apply the ‘‘preponderance of through the Central Registration SR–NASD–98–18 and should be the evidence’’ standard that most Depository. submitted by May 19, 1998, commonly applies to claims and B. Self-Regulatory Organization’s For the Commission, by the Division of Market Regulation, pursuant to delegated defenses in civil litigation. Others apply Statement on Burden on Competition a stricter ‘‘clear and convincing’’ authority.7 standard. In some cases, decisions in the NASD Regulation does not believe Margaret H. McFarland, same jurisdiction conflict on this point. that the proposed rule change will result Deputy Secretary. The NASD believes that, because no one in any burden on competition that is not [FR Doc. 98–11211 Filed 4–27–98; 8:45 am] standard is dominant, the standard necessary or appropriate in furtherance BILLING CODE 8010±01±M applied should be the one that will of the purposes of the Act, as amended. reach best the goals to which the C. Self-Regulatory Organization’s proposed rule is addressed. The NASD Statement on Comments on the SECURITIES AND EXCHANGE has determined that the ‘‘clear and Proposed Rule Change Received From COMMISSION convincing’’ standard provides a good Members, Participants, or Others balance, in that it provides some [Release No. 34±39903; File No. SR±NYSE± protection to member firms against The proposed rule change was 98±13] defamation claims for statements they published for comment in NASD Notice are required to provide, while still to Member 97–77 (November 1977). Self-Regulatory Organizations; Notice providing that members are liable for Fifty-three comments were received in of Filing of Proposed Rule Change by clear cases of abusive or malicious response to the Notice. the New York Stock Exchange, Inc. disclosure. III. Date of Effectiveness of the Relating to the Trading of Bonds NTM 97–77 asked for comment as to Proposed Rule Change and Timing for April 22, 1998. whether NASD Regulation should seek Commission Action to provide a mandatory pre-filing or Pursuant to Section 19(b)(1) of the arbitration procedure to resolve Within 35 days of the date of Securities Exchange Act of 1934 termination disputes prior to the 30-day publication of this notice in the Federal (‘‘Act’’),1 notice is hereby given that on period following termination in which Register or within such longer period (i) April 15, 1998, the New York Stock the Form U–5 is required to be filed. as the Commission may designate up to Exchange, Inc. (‘‘NYSE’’ or ‘‘Exchange’’) Most of the comments addressing this 90 days of such date if it finds such filed with the Securities and Exchange issue suggested that such a procedure longer period to be appropriate and Commission (‘‘Commission’’) the could not effectively resolve disputes publishes its reasons for so finding or proposed rule change as described in within this time frame. NASD (ii) as to which the self-regulatory Items, I, II, and III below, which Items Regulation has determined that a organization consents, the Commission have been prepared by the NYSE. The mandatory procedure would raise too will: Commission is publishing this notice to many difficult practical and timing A. By order approve such proposed solicit comments on the proposed rule issues to be useful, but will endeavor to rule change, or change from interested persons. provide mediators on an expedited basis B. Institute proceedings to determine when both parties are interested in whether the proposed rule change 7 17 CFR 200.30–3(a)(12). resolving disputes at an early stage. should be disapproved. 1 15 U.S.C. 78s(b)(1). Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23325

I. Self-Regulatory Organization’s bonds. Currently, Rule 85 requires that C. Self-Regulatory Organization’s Statement of the Terms of Substance of a member hold a proposed cross for a Statement on Comments on the the Proposed Rule Change ‘‘reasonable’’ period of time before Proposed Rule Change Received From The NYSE is proposing amendments effecting the cross, and that the member Members, Participants, or Others to its rules and procedures governing announce the intention to effect the cross on the bond Floor. For the The Exchange has not solicited, and the trading of bonds. The Exchange is does not intend to solicit, comments on deleting obsolete provisions of its bond purposes of ABS, the Exchange has interpreted this as requiring a member this proposed rule change. The trading rules, streamlining those rules, Exchange has not received any and consolidating the bond-trading to display a proposed cross in ABS for unsolicited written comments from rules in new Rule 86. In addition to two minutes prior to effecting the trade. members or other interested parties. adopting new Rule 86, the proposal The Exchange’s experience with these includes amendments to the following crossing procedures indicates that they III. Date of Effectiveness of the Exchange rules: Rule 13; Rule 61; Rule no longer are needed. There are very Proposed Rule Change and Timing for 70; Rule 72; Rule 76; Rule 79A; and few crosses in ABS (approximately two Commission Action Rule 85. to four a day), and those that do take place are of small size (generally Within 35 days of the date of II. Self-Regulatory Organization’s between two and nine bonds). publication of this notice the Federal Statement of the Proposed of, and Furthermore, most crosses involve Register or within such longer period (i) Statutory Basis for, the Proposed Rule as the Commission may designate up to Change instances where bond brokers receive matching buy and sell orders from two 90 days of such date if it finds such In its filing with the Commission, the different correspondent firms within longer period to be appropriate and NYSE included statements concerning two minutes of each other. Also, publishes its reasons for so finding or the purpose of and basis for the members may cross orders of ten bonds (ii) as to which the self-regulatory proposed rule change and discussed any and over off the Exchange, with the organization consents, the Commission comments it received on the proposed result being that the current rule places will: rule change. The text of these statements the Exchange at a competitive (A) By order approve such proposed may be examined at the places specified disadvantage to off-Exchange markets. rule change, or in Item IV below. The NYSE has prepared summaries, set forth in The final change to the bond trading (B) Institute proceedings to determine sections A, B, and C below, of the most rules moves the rules governing whether the proposed rule change significant aspects of such statements. transactions at wide variations from should be disapproved. Rule 79A.40 to new Rule 86(g). For non- A. Self-Regulatory Organization’s convertible bonds, the Exchange is IV. Solicitation of Comments Statement of the Purpose of, and retaining the requirement that a Floor Interested persons are invited to Statutory Basis for, the Proposed Rule Official approve all sales made two Change submit written data, views, and points away from the last sale or more arguments concerning the foregoing, 1. Purpose than 30 days after the last transaction. including whether the proposed rule The Exchange is not proposing to apply The Exchange currently trades non- change is consistent with the Act. those requirements to convertible convertible bonds in its Automated Persons making written submissions bonds, since such bonds generally are Bond System (‘‘ABS’’) and convertible should file six copies thereof with the priced in relation to the underlying bonds on its bond Floor. Later this year, Secretary, Securities and Exchange equity security. However, new Rule the Exchange will move all bond trading Commission, 450 Fifth Street, N.W., 86(g) allows a Floor Governor to impose into ABS. Currently, various Exchange Washington, D.C. 20549. Copies of the rules govern the trading of bonds, the same requirements on the trading of submission, all subsequent particularly Rule 85, governing the convertible bonds if market conditions amendments, all written statements trading of ‘‘cabinet’’ securities. The warrant. with respect to the proposed rule proposed rule change will provide for 2. Statutory Basis change that are filed with the uniform bond trading procedures and Commission, and all written will consolidate those procedures in The basis under the Act for the communications relating to the new Rule 86.2 The rule change (i) will proposed rule change is the requirement proposed rule change between the incorporate into new Rule 86 the same under Section 6(b)(5) that an exchange Commission and any person, other than price/time priority matching procedures have rules that are designed to prevent those that may be withheld from the as Rule 85, (ii) will establish appropriate fraudulent and manipulative acts and public in accordance with the cross references to new Rule 86 in other practices, to promote just and equitable provisions of 5 U.S.C. 552, will be NYSE rules and (iii) will eliminate the principles of trade, to remove available for inspection and copying in rules governing trading on the bond impediments to and perfect the the Commission’s Public Reference Floor, which will no longer be mechanism of a free and open market Room. Copies of such filing will also be necessary. and a national market system, and, in available for inspection and copying at A substantive change the Exchange is general, to protect investors and the the principal office of the NYSE. All proposing involves the crossing of public interest. submissions should refer to the File No. SR–NYSE–98–13 and should be 2 New Rule 86 specifies that these bond trading B. Self-Regulatory Organization’s submitted by May 19, 1998. procedures apply only to bonds ‘‘traded through Statement on Burden on Competition ABS.’’ The Exchange trades certain bonds, such as For the Commission, by the Division of equity-linked securities, on its stock Floor. These The proposed rule change does not Market Regulation, pursuant to delegated securities are traded pursuant to NYSE equity- impose any burden on competition that authority.3 trading procedures and are not subject to Rule 86. See Securities Exchange Act Release No. 32650 is not necessary or appropriate in (July 16, 1993) 58 FR 39586 (July 23, 1993). furtherance of the purposes of the Act. 3 17 CFR 200.30–3(a)(12). 23326 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

Margaret H. McFarland, (A) Self-Regulatory Organization’s shareholders or members and Deputy Secretary. Statement of the Purpose of, and participants in the selection of directors. [FR Doc. 98–11210 Filed 4–27–98; 8:45 am] Statutory Basis for, the Proposed Rule The Commission believes that the BILLING CODE 8010±01±M Change increase in the size of Philadep’s board The proposed rule change will amend is consistent with the Act’s fair Philadep’s by-laws and articles of representation requirements because the SECURITIES AND EXCHANGE incorporation to increase the permitted resized board should allow the board to COMMISSION size of the board from between 5 and 9 more accurately reflect the controlling directors to between 5 and 23 directors interest of the Phlx and its Board of [Release No. 34±39898; File No. SR± and to include the president of Philadep Governors while still providing for fair Philadep±98±01] on its board. According to Philadep, all representation of Philadep’s other provisions of the by-laws participants. Self-Regulatory Organizations; prescribing the composition of the board Philadep has required that the Philadelphia Depository Trust will remain unchanged. According to Commission find good cause for Company; Notice of Filing and Order Philadep, the rule change is desirable approving the proposed rule change Granting Accelerated Approval of due to the interest of the Board of prior to the thirtieth day after the date Proposed Rule Change Relating to an Governors of the Philadelphia Stock of publication of notice of the filing in Increase in the Number of Directors Exchange (‘‘Phlx’’) to more fully order that this increase be implemented at the meeting of Phlx’s board of April 21, 1998. participate in the operation and control of Philadep. directors scheduled for April 22, 1998. Pursuant to Section 19(b)(1) of the Philadep also believes that a larger The Commission finds good cause for Securities Exchange Act of 1934 board will provide greater diversity and approving the proposed rule change 1 (‘‘Act’’), notice is hereby given that on add policy making expertise to the prior to the thirtieth day after March 31, 1998, the Philadelphia process. In addition, Philadep believes publication of notice because such Depository Trust Company (‘‘Philadep’’) that a Philadep board comprised of approval will allow the Phlx to increase filed with the Securities and Exchange members from Phlx will allow greater Philadep’s board size at its April 22, 5 Commission (‘‘Commission’’), as coordination in scheduling meetings 1998, meeting. amended on April 21, 1998, the involving members from both the IV. Solicitation of Comments proposed rule change as described in boards.3 Interested persons are invited to Items I and II below, which items have Philadep believes that the proposed submit written data, views, and been prepared primarily by Philadep. rule change provides for the fair arguments concerning the foregoing, The Commission is publishing this representation of shareholders and including whether the proposed rule notice and order to solicit comments participants in the selection of change is consistent with the Act. from interested persons and to grant Philadep’s directors and in the Persons making written submissions accelerated approval of the proposed administration of Philadep’s affairs and should file six copies thereof with the rule change. therefore that it is consistent with Secretary, Securities and Exchange Section 17A(b)(3)(C) of the Act and the I. Self-Regulatory Organization’s Commission, 450 Fifth Street, N.W., rules and regulations thereunder Statement of the Terms of Substance of Washington, D.C. 20549. Copies of the applicable to Philadep.4 the Proposed Rule Change submission, all subsequent The proposed rule change involves an (B) Self-Regulatory Organization’s amendments, all written statements amendment to Philadep’s by-laws and Statement on Burden on Competition with respect to the proposed rule articles of incorporation to increase the Philadep does not believe that the change that are filed with the number of directors on board from proposed rule change will impose any Commission, and all written between 5 and 9 to between 5 and 23 burden on competition. communications relating to the and to include the president of Philadep proposed rule change between the (C) Self-Regulatory Organization’s on its board. Commission and any person, other than Statement on Comments on the those that may be withheld from the II. Self-Regulatory Organization’s Proposed Rule Change Received From public in accordance with the Statement of the Purpose of, and Members, Participants or Others provisions of 5 U.S.C. 552, will be Statutory Basis for, the Proposed Rule Philadep has not solicited and does available for inspection and copying in Change not intend to solicit comments on this the Commission’s Public Reference Section, 450 Fifth Street, N.W., In its filing with the Commission, proposed rule change. Philadep has not received any unsolicited written Washington, D.C. 20549. Copies of such Philadep included statements filing also will be available for concerning the purpose of and basis for comments from participants or other interested parties. inspection and copying at the principal the proposed rule change and discussed office of Philadep. All submissions any comments it received on the III. Date of Effectiveness of the should refer to File No. SR–Philadep– proposed rule change. The text of these Proposed Rule Change and Timing for 98–01 and should be submitted by May statements may be examined at the Commission Action 19, 1998. places specified in Item IV below. Section 17A(b)(3)(C) provides that the It is therefore ordered, pursuant to Philadep has prepared summaries, set Section 19(b)(2) of the Act,6 that the forth in sections A, B, and C below, of rules of a clearing agency must provide for the fair representation of its the most significant aspects of such 5 John Rudolph, Supervisory Trust Analyst, Board statements.2 of Governors of the Federal Reserve Board, 3 Telephone conversation between Edith concurred with the Commission’s granting of Hallahan, Counsel, Philadep, and Greg Dumark, accelerated approval per a telephone conversation 1 15 U.S.C. 78s(b)(1). Attorney, Division of Market Regulation, on April 21, 1998. 2 The Commission has modified the text of the Commission (April 20, 1998). summaries prepared by Philadep. 4 15 U.S.C. 78q–1(b)(3)(C). 6 15 U.S.C. 78s(b)(2). Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23327 proposed rule change (File No. SR– I. Self-Regulatory Organization’s stocks issued by companies that Philadep–98–01) be and hereby is Statement of the Terms of Substance of manufacture, market, and support approved. the Proposed Rule Change desktop and notebook personal For the Commission by the Division of The Exchange proposes to list and computers and fault tolerant systems. Market Regulation, pursuant to delegated trade European style, cash-settled All of the nine component stocks trade authority.7 options, including long term options,4 on the New York Stock Exchange, Inc. Margaret H. McFarland, on the Exchange’s Computer Box Maker (‘‘NYSE’’), or are National Market Deputy Secretary. Index (‘‘Index’’). The Index is a price- System (‘‘NMS’’) securities that trade through the facilities of the Nasdaq [FR Doc. 98–11213 Filed 4–27–98; 8:45 am] weighted, narrow-based, A.M. settled, index comprised of nine stocks issued Stock market (‘‘Nasdaq’’), and therefore BILLING CODE 8010±01±M by companies that manufacture, market, are reported securities as defined in and support desktop and notebook Rule 11Aa3–1 under the Act.6 Further, all of the component stocks presently SECURITIES AND EXCHANGE personal computers and fault tolerant 5 meet the Exchange’s listing criteria for COMMISSION systems. The text of the proposed rule change equity options contained in Exchange is available at the Office of the Rule 1009 and are currently the subject [Release No. 34±39895; File No. SR±Phlx± Secretary, the Exchange, and at the of listed options on U.S. national 98±07] Commission. securities exchanges. The Exchange represents that only the Self-Regulatory Organizations; Notice II. Self-Regulatory Organization’s securities of U.S. companies are of Filing and Order Granting Statement of the Purpose of, and represented in the Index. However, if Accelerated Approval of Proposed Statutory Basis for, the Proposed rule component securities issued by non- Rule Change and Amendment Nos. 1 Change U.S. companies are added to the Index and 2 Thereto by the Philadelphia In its filing with the Commission, the (stocks or American Depositary Stock Exchange, Inc., Relating to the Exchange included statements Receipts) and such component Listing and Trading of Options on the concerning the purpose of and basis for securities are not subject to Exchange's Computer Box Maker the proposed rule change and discussed comprehensive surveillance sharing Index any comments it received on the agreements, those component securities proposed rule change. The text of these will not account for more than 20% of April 21, 1998. statements may be examined at the the weight of the Index. Pursuant to Section 19(b)(1) of the places specified in Item III below. The Statistical information provided by Securities Exchange Act of 1934 Exchange has prepared summaries, set the Exchange indicates that as of April (‘‘Act’’),1 notice is hereby given that on forth in sections A, B, and C below, of 2, 1998, the aggregate market the most significant aspects of such February 5, 1998, the Philadelphia capitalization of the nine component statements. Stock Exchange, Inc. (‘‘Exchange’’ or stocks in the Index exceeded $266 billion. The individual market ‘‘Phlx’’) filed with the Securities and A. Self-Regulatory Organization’s capitalizations ranged from a high of Exchange Commission (‘‘Commission’’) Statement of the Purpose of, and $103.4 billion (IBM) to a low of $3.43 the proposed rule change as described Statutory Basis for, the Proposed Rule Change billion (Unisys Corp.). Each of the nine in items I and II below, which Items component stocks in the Index had have been prepared by the Exchange. 1. Purpose average daily trading volumes in excess On April 3, 1998, the Exchange filed The purpose of the proposed rule of one million shares per trading day with the Commission Amendment No. 1 change is to list for trading European over the preceding six months. The 2 to the proposed rule change. On April style, cash-settled options on the Index, average daily trading volumes ranged 20, 1998, the Exchange filed with the a new index developed by the Exchange from a high of 19.9 million shares per Commission Amendment No. 2 to the pursuant to Exchange Rule 1009A(a). day (Compaq Computer Corp.) to a low proposed rule change.3 The Commission Options on the Index will provide a of 2.1 million shares per day (Gateway is publishing this notice to solicit potential hedging vehicle for basket 2000, Inc.). The Exchange believes the comments on the proposed rule change, traders and other market participants Index’s component stocks are some of as amended, from interested persons who trade the securities comprising this the most widely held and highly and is accelerating approval of the small subsector of the technology capitalized common stocks. amended proposal. industry. The following is a detailed (d) Index Calculation: The Index is a description of the proposed option price-weighted index. The following 7 17 CFR 200.30–3(a)(12). contract and the underlying Index: formula will be used to compute the 1 15 U.S.C. 78s(b)(1). (a). Ticker Symbol: BMX. Index value: 2 Amendment No. 1 revised the proposal’s (b). Settlement Value Symbol: BMZ. (c). Underlying Index: The Index is a SP+ SP +.... SP maintenance criteria, position and exercise limits, 1 2 9 ×100 concentration limits, and corrected technical errors price-weighted index comprised of nine 3. 5 and oversights. 3 Amendment No. 2 clarified that the 9,000 4 See Exchange Rule 1101A(b)(iii). Long term Where: SP=current stock price contract position limit governing options on the options also are referred to as ‘‘LEAPs.’’ For ease of The initial divisor is an arbitrary proposed index is independent of the three-tiered reference and clarity, the term ‘‘options’’ hereafter number selected to achieve a certain position limits found in Exchange Rule 1001A(b)(i), shall include LEAPs where applicable. 5 index value. The divisor for the Index and instead appears as part of Exchange Rule The Index is comprised of the following stocks (primary markets in parentheses): Apple Computer, shall be 3.5 which generates an Index 1001A(c). The second amendment also modified the Inc. (Nasdaq); Compaq Computer Corp. (NYSE); value of 118 as of April 2, 1998. concentration criteria that trigger the application of Dell Computer Corp. (Nasdaq); Gateway 2000, Inc. (e). Index Maintenance: To maintain alternative position and exercise limits. See Letter (NYSE); Hewlett Packard Co. (NYSE); International to Sharon Lawson, Senior Special Counsel, Division Business Machines (NYSE); Micron Technology, the continuity of the Index, the divisor of Market Regulation, Commission, from Nandita Inc. (NYSE); Sun Microsystems, Inc. (Nasdaq); and Yagnik, Attorney, Exchange, dated April 20, 1998. Unisys Corp. (NYSE). 6 17 CFR 240.11Aa3–1. 23328 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices will be adjusted to reflect non-market consultation with the Commission, the primary market(s) for securities changes in the price of the component prohibit opening purchase transactions representing a substantial part of the securities as well as changes in the in series of options previously opened value of the Index is not open for composition of the Index. Changes for trading to the extent that the trading at the time when the current which may result in divisor adjustments Exchange deems such action necessary Index value used for exercise settlement include, but are not limited to, stock or appropriate.9 purposes would be determined), the splits, dividends, spin-offs, mergers, and In addition to the above maintenance OCC may determine an exercise acquisitions. In accordance with criteria, the Exchange represents that no settlement amount for the Index in Exchange Rule 1009A, if any change in single component security of the Index accordance with Article XVII, Section 4, the nature of any component in the shall account for more than 35% of the of the OCC By-Laws.10 Index (for example, due to a delisting, Index, and that the three highest (i). Last Trading Day: The last merger, acquisition or other event) will weighted component securities shall not business day prior to the third Friday of change the overall market character of account for more than 65% of the Index. the month for options which expire on the Index, the Exchange will take If the Index fails to satisfy these the Saturday following the third Friday appropriate steps to remove the concentration criteria, the Exchange will of that month. component stock or replace it with reduce the position and exercise limit to (j). Trading Hours: 9:30 a.m. to 4:02 another stock that the Exchange believes 5,500 contracts or to such other level p.m. e.s.t. would be compatible with the intended approved by the Commission under (k). Position and Exercise Limits: The market character of the Index. The Section 19(b) of the Act. All series of Index is an industry or narrow-based Exchange represents that any Index options would be scheduled for a index. The position and exercise limits replacement components will be position limit decrease to 5,500 will be 9,000 contracts.11 As described reported securities as defined in Rule contracts effective the Monday earlier, if at any time any one 11Aa3–1 of the Act. following the expiration of the farthest- component security accounts for more Initially, the Index will be comprised out, then-trading, non-LEAP option than 35% of the Index, or any three of nine component stocks. Absent series. If prior to the scheduled position component securities account for more Commission approval, the Exchange limit decrease, however, the Index than 65% of the Index, the Exchange will not increase the number of complied with the concentration will reduce the position and exercise components to more than twelve or requirements, the position limit would limits to 5,500 contracts, or to such reduce the number of components to not be reduced. As of April 2, 1998, the other level approved by the Commission fewer than eight. The Exchange highest weighted component stock under Section 19(b) of the Act. represents that the component stocks, (IBM) made up 24.6% of the Index and (l). Expiration Cycles: Three months comprising the top 90% of the Index, by the top three components (IBM, Dell from the March, June, September, weight, will each maintain a minimum Computer Corp., and Hewlitt Packard December cycle plus at least two market capitalization of $75 million. Co.) accounted for 55% of the Index. additional near-term months. LEAPs The remaining 10%, by weight, will (f). Unit of Trading: Each option also will be traded on the Index each maintain a minimum market contract on the Index will represent pursuant to Exchange Rule capitalization of $50 million. The $100 (the Index multiplier) times the 1101A(b)(iii). component stocks comprising the top Index value. For example, an Index (m). Exercise Style: European. 90% of the Index, by weight, will each value of 200 will result in an option (n). Premium Quotations: Premiums maintain a trading volume of at least contract value of $20,000 ($100 × 200). will be expressed in terms of dollars and 500,000 shares per month. The trading (g). Exercise Price: The exercise price fractions of dollars pursuant to volume for each of the component of an option contract on the Index will Exchange Rule 1033A. For example, a 1 stocks constituting the bottom 10% of be set in accordance with Exchange bid or offer of 1 ⁄2 will represent a the index, by weight, will average at Rule 1101A(a). premium per options contract of $150 1 × least 400,000 shares per month. No (h). Settlement Value: The Index ($1 ⁄2 100). The value of the Index will be fewer than 90% of the component value for purposes of settling calculated and disseminated every 15 securities, by weight, or no fewer than outstanding Index option contracts seconds during the trading day. The 80% of the total number of the upon expiration will be calculated Exchange has retained Bridge Data Inc. components, shall qualify as stocks based upon the regular way opening to compute and perform all necessary eligible for options trading.7 If the Index sale prices for each of the Index’s maintenance of the Index.12 Pursuant to fails at any time to satisfy one or more component stocks in their primary Exchange Rule 100A, updated Index of the required maintenance criteria, the market on the last trading day prior to values will be disseminated and Exchange will immediately notify the expiration. In the case of National displayed by means of primary market Commission staff of that fact and will Market System securities traded through prints reported by the Consolidated not open for trading any additional Nasdaq, the first reported sale price will Tape Association and over the facilities series of options on the Index, unless be used for the final settlement value for of the Options Price Reporting the Exchange determines that such expiring Index option contracts. In the Authority (‘‘OPRA’’). The Index value failure is insignificant and the event that a component security does also will be available on broker-dealer Commission concurs in that not open for trading on the last day determination, or unless the before the expiration of a series of Index option contracts, the last sale price for 10 See OCC By-Laws, Article XVII, Section 4, and Commission approves the continued Securities Exchange Act Release No. 37315 (June listing of options on the Index under that security will be used in calculating 17, 1996), 61 FR 32471 (June 24, 1996). Section 19(b)(2) of the Act.8 In addition the Index value. However, in the event 11 The 9,000 contract position limit for options on to not opening for trading any that the Options Clearing Corporation the Index is separate and independent of the additional series, the Exchange may, in (‘‘OCC’’) determines that the current position limits set forth in Exchange Rule Index value is unreported or otherwise 1001A(b)(i). See supra note 3. 12 As a back-up to Bridge Data Inc., the Exchange 7 See infra note 23. unavailable (including instances where will utilize its own internal index calculation 8 See 15 U.S.C. 78s(b)(2), and Exchange Rule system, the Index Calculation Engine (‘‘ICE’’) 1009A. 9 See Exchange Rule 1010. System. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23329 interrogation devices to subscribers of C. Self-Regulatory Organization’s rules thereunder applicable to a national options information. The Exchange Statement on Comments on the securities exchange, and, in particular, represents that it has the capacity to Proposed Rule Change Received From the requirements of Section 6(b)(5).21 handle the additional traffic expected to Members, Participants or Others Specifically, the Commission finds that be generated by the Index.13 In addition, The Exchange did not solicit or the trading of options on the Index will OPRA has informed the Commission receive written comments with respect serve to promote the public interest and that the additional traffic from option to the proposed rule change. help to remove impediments to a free contracts on the Index is within OPRA’s and open securities market by providing capacity.14 II. Solicitation of Comments investors with a means of hedging Option contracts on the Index will be Interested persons are invited to exposure to market risks associated with traded pursuant to current Exchange submit written data, views and the securities issued by companies that rules governing the trading of narrow- arguments concerning the foregoing manufacture and support computers. The Commission finds that the based index options, including proposed rule change and Amendment trading of options on the Index will provisions addressing sales practices, Nos. 1 and 2 thereto, including whether permit investors to participate in the floor trading procedures, margin the proposed rule change, as amended, price movements of the nine securities requirements, and trading halts and is consistent with the Act. Persons 15 making written submissions should file on which the Index is based. Further suspensions. The Exchange represents trading of options on the Index will that the surveillance procedures six copies thereof with the Secretary, Securities and Exchange Commission, allow investors holding positions in currently used to monitor trading in some or all of the securities underlying index options also will be used to 450 Fifth Street N.W., Washington, D.C. 20549. Copies of the submissions, all the Index to hedge the risks associated monitor options based on the Index. with these securities. Accordingly, the These procedures entail complete access subsequent amendments, all written statements with respect to the proposed Commission believes that options on the to trading activity in the underlying Index will provide investors with an component securities which all trade on rule change that are filed with the Commission, and all written additional trading and hedging either the NYSE or Nasdaq. In addition, mechanism.22 the Intermarket Surveillance Group communications relating to the proposed rule change between the Nevertheless, the trading of options (‘‘ISG’’) Agreement dated July 14, 1983, on the Index raises several issues related as amended on January 29, 1990, will be Commission and any persons, other than those that may be withheld from to design of the Index, customer applicable to the trading of option protections, and surveillance. The contracts on the Index. the public in accordance with the provisions of 5 U.S.C. 552, will be Commission believes, however, for the 2. Statutory Basis available for inspection and copying in reasons described below, that the the Commission’s Public Reference Exchange adequately has addressed The Exchange believes the proposed Section, 450 Fifth Street, N.W., these issues. rule change is consistent with Section 6 Washington, D.C. 20549. Copies of such A. Index Design and Structure of the Act,16 in general, and with filing will also be available for 17 The Commission believes it is Section 6(b)(5), in particular, in that it inspection and copying at the principal appropriate for the Exchange to apply is designed to promote just and office of the Exchange. All submissions its rules governing the trading of equitable principles of trade; prevent should refer to File No. SR–Phlx–98–07 narrow-based index options to options fraudulent and manipulative acts and and should be submitted by May 19, based on the Index. The Commission practices; foster cooperation and 1998. coordination with persons engaged in notes that the Index contains nine regulating, clearing, settling, processing IV. Date of Effectiveness of the stocks representing one industry group, information with respect to, and Proposed Rule Change and Timing for and thus reflects a very narrow segment facilitating transactions in securities; Commission Action of the U.S. equities market. The Commission notes that the nine remove impediments to and perfect the The Exchange has requested that the securities comprising the Index are mechanism of a free and open market Commission grant accelerated approval actively-traded. For the six month and a national market system; and of the Index pursuant to Section 19(b)(2) period ending April 2, 1998, the average protect investors and the public interest. of the Act.18 The request for accelerated daily trading volume among the approval is predicated on the Index’s component securities ranged from a B. Self-Regulatory Organization’s substantial compliance with the generic high of 19.9 million shares per day Statement on Burden on Competition listing standards 19 and the Exchange’s (Compaq Computer Corp.) to a low of desire to remain competitive in the area The Exchange does not believe the 2.1 million shares per day (Gateway of new product development.20 proposed rule change will impose any 2000, Inc.). In addition, the market inappropriate burden on competition. V. Commission’s Findings and Order capitalizations of the securities in the Granting Accelerated Approval of Index are extremely large, ranging from 13 See Letter to Michael Walinskas, Senior Special Proposed Rule Change Counsel, Office of Market Supervision, 21 15 U.S.C. 78f(b)(5). Commission, from Thomas A. Wittman, First Vice The Commission has carefully 22 Pursuant to Section 6(b)(5) of the Act, the President, Trading Systems, Exchange, dated reviewed the Exchange’s proposed rule Commission must predicate approval of any new February 6, 1998. change and believes, for the reasons set option proposal upon a finding that the 14 See Letter to Michael Walinskas, Senior Special forth below, the proposal is consistent introduction of such new derivative instrument is Counsel, Office of Market Supervision, with the requirements of the Act and the in the public interest. Such finding would be Commission, from Joseph P. Corrigan, Executive difficult for a derivative instrument that served no Director, OPRA, dated February 11, 1998. hedging or other economic function, because any 15 See Exchange Rule 722, Exchange Rules 1000A 18 15 U.S.C. 78s(b)(2). benefits that might be derived by market through 1102A, and generally Exchange Rules 1000 19 See infra note 27. participants likely would be outweighed by the through 1072. 20 See Letter to Michael Loftus, Attorney, Division potential for manipulation, diminished public 16 15 U.S.C. 78f. of Market Regulation, Commission, from Nandita confidence in the integrity of the markets, and other 17 15 U.S.C. 78f(b)(5). Yagnik, Attorney, Exchange, dated April 3, 1998. valid regulatory concerns. 23330 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices a high of $103.4 billion (IBM) to a low Index will help protect against material ensure the availability of information of $3.43 billion (Unisys Corp.) as of changes in the composition and design needed to fully investigate manipulation April 2, 1998. Finally, no one of the Index that might adversely affect if it were to occur.26 In this regard, the component stock accounted for more the Exchange’s obligations to protect Commission notes that the primary than 24.6% of the Index’s total value, investors and to maintain fair and markets for the stocks underlying the and the percentage weighting of the orderly markets in options based on the Index—the NYSE and the NASD (the three largest issues in the Index Index. The Exchange is required to self-regulatory organization which accounted for 55% of the Index’s value. immediately notify the Commission oversees Nasdaq)—as well as the With respect to the maintenance of staff if the Index fails at any time to Exchange, are members of the ISG, the Index, the Commission believes the satisfy one or more of the specified which provides for the sharing of all Exchange has implemented several maintenance criteria. Further, in such necessary surveillance information. The safeguards in connection with the an event, the Exchange will not open for Commission believes this arrangement listing and trading of options on the trading any additional series of options will ensure the availability of Index that will serve to ensure that the on the Index, unless the Exchange information necessary to detect Index remains comprised of highly- determines that such failure is potential manipulations and other capitalized, actively-traded securities, insignificant and the Commission trading abuses. thereby ensuring that the Index will concurs in that determination, or unless The Commission finds good cause for remain substantially the same over time. the Commission approves the continued approving the proposal, including In this regard, the Exchange will listing of options on the Index under Amendment Nos. 1 and 2 thereto, prior maintain the Index so that: (1) the Section 19(b)(2) of the ACt.25 to the thirtieth day after the date of component securities comprising the publication of notice thereof in the top 90% of the Index, by weight, each B. Customer Protection Federal Register. The Commission notes will have market capitalizations of at The Commission believes that a that proposed rule changes regarding least $75 million, and the remaining regulatory system designed to protect the listing and trading of options on 10% each will have market public customers must be in place narrow-based indexes may become capitalizations no less than $50 million; before the trading of sophisticated effective immediately upon filing (2) the component securities comprising financial instruments, such as options provided they satisfy certain generic the top 90% of the Index, by weight, based on the Index, can commence on listing standards.27 The generic listing each will have monthly trading volumes a national securities exchange. The standards establish minimum guidelines of at least 500,000 shares, and the Commission notes that the trading of concerning the design and operation of remaining 10% each will have monthly standardized exchange-listed options narrow-based indexes. The Commission trading volumes no less than 400,000 occurs in an environment that is recognizes that the Index, as amended, shares; (3) at least 90% of the designed to ensure that: (1) the special satisfies all of the generic listing components in the Index, by weight, risks of options are disclosed to public standards save two, the minimum and 80% of the number of components customers; (2) only investors capable of number of component securities 28 and in the Index will be eligible 23 for evaluating and bearing the risks of the concentration limits.29 In addition, standardized options trading; (4) the options trading are engaged in such to the extent that the Index deviates component securities will be ‘‘reported’’ trading; and (3) special compliance from the generic listing standards in securities pursuant to Rule 11Aa3–1 of procedures are applicable to options these categories, the Commission notes the Act; 24 (5) absent approval from the accounts. Accordingly, because the that the Exchange has amended its Commission pursuant to Section Index options will be subject to the proposal to adequately address the 19(b)(2) of the Act, the Exchange will same regulatory regime as the other concerns identified by the Commission not increase the number of components standardized options currently traded staff. This includes for example, to more than twelve or reduce the on the Exchange, the Commission providing for a reduction in position number of components to fewer than believes that adequate safeguards are in and exercise limits if the concentration eight; and (6) if any component security place to ensure the protection of limits are exceeded, and maintaining requires replacement because of a investors in Index options. the Index at a minimum of eight delisting, merger, acquisition, or other component securities.30 Therefore, the event affecting the market character of C. Surveillance such component security, the Exchange In evaluating new derivative 26 See Securities Exchange Act Release No. 31243 will replace it with another security that instruments, the Commission, (Sept. 28, 1992), 57 FR 45849 (Oct. 5, 1992). the Exchange believes would be consistent with the protection of 27 See Securities Exchange Act Release No. 34157 (June 3, 1994), 59 FR 30062 (June 10, 1994). compatible with the intended market investors, considers the degree to which Although, a proposed rule change filed in character of the Index. the derivative exchange has the ability accordance with the generic listing standards The Commission further believes the to obtain information necessary to becomes effective immediately upon filing, trading maintenance standards governing the detect and deter market manipulation in the approved options may not commence until 30 days after the date of effectiveness. and other trading abuses. Therefore, the 28 The generic listing standards require that a 23 The Exchange’s options listing standards, Commission believes that a surveillance narrow-based index initially consist of no fewer which are uniform among the options exchanges, provide that a security underlying an option must, sharing agreement between an exchange than ten component securities. Thereafter, it may among other things, meet the following proposing to list a security index not consist of fewer than nine component requirements: (1) the public float must be at least derivative product and the exchange(s) securities. Id. 29 Under the generic listing standards, an 7,000,000 shares; (2) there must be a minimum of trading the securities underlying the 2,000 securityholders; (3) trading volume in the individual component security may not represent U.S. must have been at least 2.4 million shares over derivative product is an important more than 25% of the weight of the index. the preceding twelve months; and (4) the market measure for surveillance of the Furthermore, in an index of less than 25 price per share must have been at least $7.50 for derivative and underlying securities components, the five highest weighted component a majority of the business days during the preceding securities may not constitute more than 60% of the three calendar months. See Exchange Rule 1009, markets. Such agreements facilitate and weight of the index. Id. ‘‘Criteria for Underlying Securities,’’ Commentary 30 As previously noted, the Index currently .01. 25 See 15 U.S.C. 78s(b)(2), and Exchange Rule contains nine securities and may consist of as few 24 17 CFR 240.11Aa3–1. 1009A. as eight component securities. On other occasions, Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23331

Commission believes there is no Responsibility for Assigning applies to foreign currency options compelling reason to delay the listing Participation. The proposed rule change trading. Specifically, Advice F–12 and trading of options based on the was published for comment in the currently requires that foreign currency Index. Accordingly, because the Index Federal Register on December 10, option trade participants: (a) must substantially complies with the generic 1997.3 No comments were received on confirm and immediately inform the listing standards, and the investor the proposal. This order approves the largest participant of their contra-side protection concerns have been proposal. participation; (b) should not leave the addressed, the Commission finds good II. Description of the Proposal crowd absent such confirmation; (c) cause exists for granting accelerated should not submit tickets absent approval to the proposed rule change The Phlx proposes to amend the two participation; and (d) must handle and Amendment Nos. 1 and 2 thereto. Advices to provide that the seller or disputes properly. The Exchange It is therefore ordered, pursuant to largest participant to an option additionally proposes that Advice F–12 Section 19(b)(2) of the Act,31 that the transaction is responsible for allocating is proposed to be amended to only proposed rule change, SR–Phlx–98–07, an executed trade. detain in the crowd actual trade and Amendment Nos. 1 and 2 thereto, A. Advice F–2 participants and simplify ticket are hereby approved on an accelerated submission requirements. basis. Currently, Advice F–2 states that it is The Phlx believes that the proposed For the Commission, by the Division of the duty of the largest participant in an amendments to Advice F–12 will bolster Market Regulation, pursuant to delegated options transaction to both match and its effectiveness in controlling the trade authority.32 time stamp the order tickets involved. allocation process. Under the proposed There is currently no specific provision Margaret H. McFarland, amendments, no one who has for who allocates options trades among Deputy Secretary. participated in the trade would be trade participants. The Phlx represents [FR Doc. 98–11164 Filed 4–27–98; 8:45 am] allowed to leave the crowd until the that the practice in most options crowds BILLING CODE 8010±01±M level of his/her participation in the is that specialists announce trade splits trades has been confirmed by the largest by saying to the trading crowd, for participant. Previously, this obligation example, ‘‘You did 10, you did 5,’’ etc. SECURITIES AND EXCHANGE also applied to those who believed they This practice may differ, especially COMMISSION may have participated in a trade. This where a specialist unit is not involved [Release No. 34±39889; File No. SR±Phlx- in a trade, or where a great deal of change is intended to require only those 97±51] trading and quote activity renders who actually participated in a trade to remain in the trading crowd to confirm Self-Regulatory Organizations; specialists allocating trades impractical. In these situations, Floor Brokers have their participation in the trade. The Phlx Philadelphia Stock Exchange, Inc.; states that the language concerning Order Granting Approval to Proposed assisted in allocating trades, along with performing their duty to match and belief was difficult to administer and Rule Change Relating to the Allocation did not capture violations necessary to of Options Trades submit the trade and ensure the best execution of orders.4 The purpose of the improve the post-trade process. April 20, 1998. proposed rule change to paragraph (a) of Further, Advice F–12 currently Advice F–2 is to assign the provides that no person in the crowd I. Introduction responsibility of properly allocating shall submit a ticket for matching on a On October 22, 1997, the Philadelphia option trades to the largest participant trade when that person has or should Stock Exchange, Inc. (‘‘Phlx’’ or (or seller)5 involved in the trade, which have grounds to believe that he is not ‘‘Exchange’’) submitted to the Securities normally will be the Floor Broker who due participation in the trade. Thus, a and Exchange Commission (‘‘SEC’’ or represents the original order in the violation of Advice F–12 currently may ‘‘Commission’’), pursuant to Section trading crowd. The Exchange asserts result from submitting a ticket where no 19(b)(1) of the Securities Exchange Act that the amendment will promote the participation is due, even though the of 1934 (‘‘Act’’)1 and Rule 19b–4 original intent of Advice F–2 (i.e., the participant believed he/she participated. thereunder,2 a proposed rule change to facilitation of prompt and accurate trade The Phlx asserts that by deleting the amend two Floor Procedure Advices reporting).6 Paragraphs (b) concerning reference to‘‘belief,’’ the proposal is (‘‘Advices’’): F–2, Allocation, Time ticket preservation and (c) concerning designed to simplify trade ticket Stamping, Matching and Access to member access to matched trades, of submission, and as a result, establish Matched Trades; and F–12, Advice F–2, remain unchanged. the practice that a person who did not participate in a trade should not submit the Commission has approved narrow-based B. Advice F–12 a ticket. indexes with similar minimum component The purpose of the proposed rule C. Minor Rule Plan standards. See e.g., Securities Exchange Act Release change to Advice F–12 is to extend its Nos. 38143 (Jan. 8, 1997), 62 FR 2411 (Jan. 16, 1997) Violation of the new responsibility (permitted American Stock Exchange’s ‘‘Tobacco requirements regarding how trades are Index’’ to initially consist of nine securities and allocated to the equity/index options under Advice F–2 will be subject to the thereafter consist of no fewer than nine securities); floor. Currently, Advice F–12 only existing fine schedule accompanying 37198 (May 10, 1996), 61 FR 25251 (May 20, 1996) Advice F–2. Advice F–12 currently (permitted Chicago Board Options Exchange’s ‘‘PC 3 contains a fine schedule, which is Index’’ to initially consist of eight securities and Securities Exchange Act Release No. 39393 thereafter consist of no fewer than eight securities); (December 3, 1997), 62 FR 65117 (December 10, proposed to apply to the entire options and 34345 (July 11, 1994), 59 FR 36245 (July 15, 1997). floor. The proposal thus amends the 1994) (permitted Exchange’s ‘‘Phone Index’’ to 4 See Phlx Rule 1063. Exchange’s minor rule violation initially consist of eight securities and thereafter 5 The seller has the responsibility only when there are two parties to a trade. When there are enforcement and reporting plan (‘‘minor consist of no fewer than eight securities). 7 multiple participants, the largest participant is rule plan’’), by amending the text of 31 15 U.S.C. 78s(b)(2). responsible for allocating the trade. 32 17 CFR 200.30–3(a)(12). 6 See e.g., Securities Exchange Act Release No. 7 The Phlx’s minor rule plan, codified in Phlx 1 15 U.S.C. 78s(b)(1). 33512 (January 24, 1994) 59 FR 4759 (February 1, Rule 970, contains Advices, such as Advice F–2, 2 17 CFR 240.19b–4. 1994). Continued 23332 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices both Advices, as well as by extending The Commission believes that is resolve those levels at such time.17 The the application of Advice F–12 to the reasonable to assign the responsibility of Commission believes the proposed equity/index options floor. trade allocation to the same individual amendments are consistent with those that currently matches and time stamps III. Discussion goals because they continue to facilitate the trade, namely the largest participant the prompt determination of The Commission finds that the (or seller) to the trade. In this way, one participation levels. proposed rule change is consistent with person is performing all three functions. the requirements of the Act and the The Commission finds that extending C. Minor Rule Plan rules and regulations thereunder this responsibility to the largest The Exchange has represented that applicable to a national securities participant (or seller) 14 is a reasonable exchange, and, in particular, with the the proposed amendments to Advices extension of the current requirements of F–2 and F–12 will be enforced under requirements of Section 6(b).8 Advice F–2. Specifically, the Commission believes Phlx Rule 970, the minor rule plan. The that the proposal is consistent with: the B. Advice F–12 Commission believes that an exchange’s Section 6(b)(5) 9 requirements that the First, the Commission believes that ability to effectively enforce compliance rules of an exchange be designed to the extension of Advice F–12 to equity/ by its members and member promote just and equitable principles of index options trading should improve organizations with Commission and trade, to prevent fraudulent and the certainty of trade allocation and Exchange rules is central to its self- manipulative acts, and, in general, to maintain order during the allocation regulatory function. The inclusion of a protect investors and the public interest; process. The Commission also believes rule in an exchange’s minor rule the Section 6(b)(6) 10 requirement that that such an extension is consistent violation plan, therefore, should not be the rules of an exchange provide that its with the original intent of Advice F–12 interpreted to mean that it is not an members be appropriately disciplined to facilitate the orderly separation of the important rule. On the contrary, the for violations of an exchange’s rules and option floor, especially for trades Commission recognizes that the the Act; and the Section 6(b)(7) 11 involving a number of market inclusion of minor violations of requirement that the rules of an participants.15 particular rules under a minor rule exchange provide a fair procedure for Second, under the proposed violation plan may make the exchange’s the disciplining of members.12 amendments, no one who has disciplinary system more efficient in prosecuting more egregious or repeated A. Advice F–2 participated in the trade would be allowed to leave the crowd until the violations of these rules, thereby Trade allocation includes the level of his/her participation in the furthering its mandate to protect determination, based on existing rules, trade has been confirmed by the largest investors and the public interest. policies and practices, as to who is participant. Previously, this obligation considered to be on a bid/offer, who The Commission believes that also applied to those who believed they amending the minor rule plan by participates in a trade and for what size. may have participated in a trade. As The Commission believes that changing the text of both Advices, as cited by the Commission in the original well as extending the application of permitting the largest participant, which approval of Advice F–12, it is normally will be the Floor Broker who Advice F–12 to the equity/index options reasonable to require each participant to floor, is consistent with the Act. The represents the original order in the a large trade to take steps to ensure that trading crowd, to allocate trade purpose of the minor rule plan is to the other parties to the transaction are participation should render the process provide a response to a violation of the aware of his or her participation.16 The more efficient and therefore accelerate Exchange’s rules when a meaningful Commission believes the proposed execution reporting. sanction is needed but when initiation As previously stated, existing amendment is consistent with this goal of a disciplinary proceeding pursuant to Exchange rules do not clearly address because it continues to facilitate the Phlx Rule 960.2 18 is not suitable the process of, or parties responsible for, prompt determination of participation because such a proceeding would be ensuring proper options trade levels by removing confusion as to who more costly and time-consuming than allocation. The Commission actually participated in a trade. would be warranted given the nature of Third, as previously stated, Advice F– understands that Floor Brokers the violation. Exchange Rule 970 12 also currently provides that no historically have assisted in options provides for an appropriate response to trade allocation, along with their duties person in the crowd shall submit a minor violations of certain Exchange to match and time stamp the trade and ticket for matching on a trade when that rules while preserving the due process ensure the best execution of orders.13 person has or should have grounds to rights of the party accused through believe that he is not due participation specified required procedures.19 with accompanying fine schedules. Rule 19d– in the trade. The Phlx asserts that by deleting the reference to ‘‘belief,’’ the 1(c)(2) authorizes national securities exchanges to 17 Id. adopt minor rule violation plans for summary proposal is designed to simplify trade 18 Phlx Rule 960.2 governs the initiation of discipline and abbreviated reporting; Rule 19d– ticket submissions, and as a result, 1(c)(1) requires prompt filing with the Commission disciplinary proceedings by the Exchange for of any final disciplinary actions. However, minor establish the practice that a person who violations within the disciplinary jurisdiction of the rule violations not exceeding $2,500 are deemed not did not participate in a trade should not Exchange. final, thereby permitting periodic, as opposed to submit a ticket. As previously stated, 19 The minor rule plan permits any person to immediate, reporting. the original approval of Advice F–12 contest the Exchange’s imposition of a fine through 8 15 U.S.C. 78f(b). submission of a written answer, at which time: (1) noted that it is reasonable to require the matter will be dismissed, (2) the alleged violator 9 15 U.S.C. 78f(b)(5). trade participants to notify other parties will pay the original fine or contest the matter 10 15 U.S.C. 78f(b)(6). of their participation levels and to before a hearing panel, (3) the fine will be modified 11 15 U.S.C. 78f(b)(7). and the alleged violator will pay the modified fine 12 In approving this proposed rule change, the or contest the matter before a hearing panel or (4) Commission has considered the proposal’s impact 14 See note 3, supra. the matter will become the subject of a formal on efficiency, competition, and capital formation. 15 Securities Exchange Act Release No. 29580 disciplinary action and the issuance of a complaint 15 U.S.C. 78c(f). (August 16, 1991) 56 FR 41876 (August 23, 1991). will be authorized pursuant to Exchange Rule 13 See Phlx Rule 1063. 16 Id. 960.2. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23333

It is therefore ordered, pursuant to summaries, set forth in sections A, B, for the fair representation of its Section 19(b)(2) of the Act,20 that the and C below, of the most significant shareholders or members and proposed rule change (SR–Phlx–97–51) aspects of such statements.2 participants in the selection of directors. is approved. (A) Self-Regulatory Organization’s The Commission believes that the For the Commission, by the Division of Statement of the Purpose of, and increase in the size of SCCP’s board is Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule consistent with the Act’s fair authority.21 Change representation requirements because the Margaret H. McFarland, resized board should allow the board to Deputy Secretary. The proposed rule change will amend more accurately reflect the controlling SCCP’s by-laws and articles of [FR Doc. 98–11166 Filed 4–27–98; 8:45 am] interest of the Phlx and its Board of incorporation to increase the permitted BILLING CODE 8010±01±M Governors while still providing for fair size of the board from between 5 and 9 representation of SCCP’s participants. directors to between 5 and 23 directors. According to SCCP, all other provisions SCCP has requested that the SECURITIES AND EXCHANGE Commission find good cause for COMMISSION of the by-laws prescribing the composition of the board will remain approving the proposed rule change [Release No. 34±39399; File No. SR±SCCP± unchanged. SCCP believes that this rule prior to the thirtieth day after the date 98±01] change is desirable due to the interest of of publication of notice of the filing in the Board of Governors of the order that this increase be implemented Self-Regulatory Organizations; Stock at the meeting of the Phlx’s board of Clearing Corporation of Philadelphia; Philadelphia Stock Exchange (‘‘Phlx’’) directors scheduled for April 22, 1998. Notice of Filing and Order Granting to more fully participate in the The Commission finds good cause for Accelerated Approval of Proposed operation and control of SCCP. approving the proposed rule change Rule Change Relating to an Increase in SCCP also believes that a larger board prior to the thirtieth day after the Number of Directors will provide greater diversity and add policy making expertise to the process. publication of notice because such April 21, 1998. In addition, SCCP believes that an SCCP approval will allow the Phlx to increase Pursuant to Section 19(b)(1) of the board comprised of members from Phlx SCCP’s board size at its April 22, 1998, Securities Exchange Act of 1934 will allow greater coordination in meeting. (‘‘Act’’),1 notice is hereby given that on scheduling meetings involving members IV. Solicitation of Comments March 31, 1998, the Stock Clearing from both the boards.3 Corporation of Philadelphia (‘‘SCCP’’) SCCP believes that the proposed rule Interested persons are invited to filed with the Securities and Exchange change provides for the fair submit written data, views, and Commission (‘‘Commission’’), as representation of shareholders and arguments concerning the foregoing, participants in the selection of SCCP’s amended on April 16, 1998 and April including whether the proposed rule directors and in the administration of 21, 1998, the proposed rule change as change is consistent with the Act. SCCP’s affairs and therefore that it is described in Items I and II below, which Persons making written submissions consistent with Section 17A(b)(3)(C) of items have been prepared primarily by should file six copies thereof with the the Act and the rules and regulations SCCP. The Commission is publishing Secretary, Securities and Exchange thereunder applicable to SCCP.4 this notice and order to solicit Commission, 450 Fifth Street, N.W., comments from interested persons and (B) Self-Regulatory Organization’s Washington, D.C. 20549. Copies of the to grant accelerated approval of the Statement on Burden on Competition submission, all subsequent proposed rule change. SCCP does not believe that the amendments, all written statements I. Self-Regulatory Organization’s proposed rule change will impose any with respect to the proposed rule Statement of the Terms of Substance of burden on competition. change that are filed with the the Proposed Rule Change Commission, and all written (C) Self-Regulatory Organization’s communications relating to the The proposed rule change involves an Statement on Comments on the amendment to SCCP’s by-laws and to proposed rule change between the Proposed Rule Change Received From Commission and any person, other than Section 6 of its articles of incorporation Members, Participants or Others to increase the number of directors on those that may be withheld from the its board from between 5 and 9 to SCCP has not solicited and does not public in accordance with the between 5 and 23. intend to solicit comments on this provisions of 5 U.S.C. 552, will be proposed rule change SCCP has not available for inspection and copying in II. Self-Regulatory Organization’s received any unsolicited written the Commission’s Public Reference Statement of the Purpose of, and comments from participants or other Section, 450 Fifth Street, N.W., Statutory Basis for, the Proposed Rule interested parties. Washington, D.C. 20549. Copies of such Change III. Date of Effectiveness of the filing also will be available for In its filing with the Commission, Proposed Rule Change and Timing for inspection and copying at the principal SCCP included statements concerning Commission Action office of SCCP. All submissions should the purpose of and basis for the refer to File No. SR–SCCP–98–01 and proposed rule change and discussed any Section 17A(b)(3)(C) provides that the should be submitted by May 19, 1998. comments it received on the proposed rules of a clearing agency must provide It is therefore ordered, pursuant to rule change. The text of these statements 5 may be examined at the places specified 2 The Commission has modified the text of the Section 19(b)(2) of the Act, that the in Item IV below. SCCP has prepared summaries prepared by SCCP. proposed rule change (File No. SR– 3 Telephone conversation between Edith SCCP–98–01) be and hereby is Hallahan, Counsel, SCCP, and Greg Dumark, 20 15 U.S.C. 78s(b)(2). Attorney, Division of Market Regulation, approved. 21 17 CFR 200.30–3(a)(12). Commission (April 20, 1998). 1 15 U.S.C. 78s(b)(1). 4 15 U.S.C. 78q–1(b)(3)(C). 5 15 U.S.C. 78s(b)(2). 23334 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

For the Commission by the Division of the Program’s revolving fund indicates 9:00 a.m. to 12:30 p.m. The meeting will Market Regulation, pursuant to delegated that there are sufficient reserves to cover include a review and discussion of authority.6 potential liabilities. Over the past current issues which influence U.S. Margaret H. McFarland, several years, claims payments have trade policy. Pursuant to Section Deputy Secretary. decreased and claims recoveries have 2155(f)(2) of Title 19 of the United [FR Doc. 98–11212 Filed 4–27–98; 8:45 am] increased, resulting in sufficient States Code and Executive Order 11846 BILLING CODE 8010±01±M reserves to cover unfunded Program of March 27, 1975, the Office of the U.S. liabilities. The fee decreases are not Trade Representative has determined scheduled to go into effect until July 1, that part of this meeting will be SMALL BUSINESS ADMINISTRATION 1998, in order to allow sufficient time concerned with matters the disclosure for Program participants to make any of which would seriously compromise Surety Bond Guarantee Program Fees necessary adjustments to their the development by the United States AGENCY: Small Business Administration accounting systems. Government of trade policy, priorities, (SBA). Any future changes in the fee negotiating objectives or bargaining amounts will be published by SBA in positions with respect to the operation ACTION: Notice. the form of a Notice in the Federal of any trade agreement and other SUMMARY: This Notice establishes the Register. matters arising in connection with the fees payable by Principals and Sureties Information on other requirements development, implementation and participating in SBA’s Surety Bond concerning the fees may be found at 13 administration of the trade policy of the Guarantee Program (13 CFR Part 115). CFR 115.32 and 115.66. United States. During the discussion of EFFECTIVE DATE: Effective July 1, 1998. Dated: April 21, 1998. such matters, the meeting will be closed FOR FURTHER INFORMATION CONTACT: Robert J. Moffitt, to the public from 10:00 a.m. to 12:30 Barbara Brannan, Office of Surety Associate Administrator, Office of Surety p.m. The meeting will be open to the Guarantees, (202) 205–6545. Guarantees. public and press from 9:00 a.m. to 10:00 a.m. when other trade policy issues will SUPPLEMENTARY INFORMATION: In a [FR Doc. 98–11206 Filed 4–27–98; 8:45 am] be discussed. Attendance during this Federal Register Notice published on BILLING CODE 8025±01±P part of the meeting is for observation February 29, 1996, SBA increased the only. Individuals who are not members Principal’s and Surety’s fees charged of the committees will not be invited to under the Surety Bond Guarantee (SBG) OFFICE OF THE UNITED STATES comment. Program. The increases took effect on TRADE REPRESENTATIVE May 1, 1996. The Notice also indicated ADDITIONAL INFORMATION: Press wishing that SBA would continue to evaluate the Notice of Meeting of the Plenary to attend should call the DOC Public performance of the SBG Program to Session of the Industry Sector & Affairs office at (202) 482–3809 to determine whether the increases would Industry Functional Advisory register. You must register to be granted remain necessary. See 61 FR 7848 Committee (ISACs/IFACs) access to the building, or have a DOC (February 29, 1996). SBA has completed press pass. Public wishing to attend AGENCY: Office of the United States should call the Trade Advisory Center its review of the program and is setting Trade Representative. the Principal’s and Surety’s fees in this of the U.S. Department of Commerce at ACTION: Notice of meeting. Federal Register Notice. Capitalized (202) 482–3268 no later than May 4, 1998, in order to ensure access to the terms used in this Notice have the SUMMARY: The Plenary Session of the building. Access will be denied without meanings assigned such terms in 13 Industry Sector & Industry Functional an RSVP to the Trade Advisory Center. CFR 115.10. Advisory Committees (ISACs/IFACs) Currently, the guarantee fees are: (1) will hold a meeting on May 6, 1998 Pate Felts, The guarantee fee payable by Principals from 9:00 a.m. to 12:30 p.m. The Acting Assistant United States Trade under 13 CFR 115.32(b) and 115.66 is meeting will be open to the public from Representative, Intergovernmental Affairs and Public Liaison. $7.45 per thousand dollars of the 9:00 a.m. to 10:00 a.m. and closed to the Contract amount. (2) The guarantee fee public from 10:00 a.m. to 12:30 p.m. [FR Doc. 98–11257 Filed 4–27–98; 8:45 am] payable by Prior Approval Sureties BILLING CODE 3190±01±M DATES: The meeting is scheduled for under 13 CFR 115.32(c) and by PSB May 6, 1998, unless otherwise notified. Sureties under 13 CFR 115.66 is 23% of ADDRESSES: The meeting will be held at the bond Premium. DEPARTMENT OF TRANSPORTATION Beginning on July 1, 1998, the the Department of Commerce Main following guarantee fees will become Auditorium, located at 14th Street and Aviation Proceedings, Agreements effective: (1) The guarantee fee payable Constitution Avenue, N.W., Filed During the Week Ending April 17, by Principals under 13 CFR 115.32(b) Washington, D.C., unless otherwise 1998 and 115.66 will be $6.00 per thousand notified. dollars of the Contract amount. (2) The FOR FURTHER INFORMATION CONTACT: The following Agreements were filed guarantee fee payable by Prior Approval Brian Yates or Tamara Underwood, with the Department of Transportation Sureties under 13 CFR 115.32(c) and by Department of Commerce, 14th St. and under the provisions of 49 U.S.C. 412 PSB Sureties under 13 CFR 115.66 will Constitution Ave., N.W., Washington, and 414. Answers may be filed within be 20% of the bond Premium. D.C. 20230, (202) 482–3268 or Bill 21 days of date of filing. After a careful review of Program Daley, Office of the United States Trade Docket Number: OST–98–3737. performance, SBA has determined that Representative, 600 17th St. N.W., Date Filed: April 14, 1998. the guarantee fees can be returned to the Washington, D.C. 20508, (202) 395– Parties: Members of the International amounts that were in effect prior to the 6120. Air Transport Association. increase of May 1, 1996. An analysis of SUPPLEMENTARY INFORMATION: The Subject: PTC12 MATL–EUR 0020 Plenary Session of the ISACs/IFACs will dated March 24, 1998 Mid Atlantic- 6 17 CFR 200.30–3(a)(12). hold a meeting on May 6, 1998 from Europe Resolutions r1–32. PTC12 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23335

MATL–EUR 0023 dated April 7, 1998— DEPARTMENT OF TRANSPORTATION tentative order, or in appropriate cases Minutes. PTC12 MATL–EUR Fares 0007 a final order without further dated April 9, 1998 Tables. PTC12 Notice of Applications for Certificates proceedings. MATL–EUR 002 dated April 3, 1998- of Public Convenience and Necessity Docket Number: OST–98–3742. Correction. PTC12 MATL–EUR 0024 and Foreign Air Carrier Permits Filed Date Filed: April 15, 1998. dated April 9, 1998. Intended effective Under Subpart Q During the Week Due Date for Answers, Conforming date: June 1, 1998. Ending April 30, 1996 Applications, or Motions to Modify Docket Number: OST–98–3738. The following Applications for Scope: May 13, 1998. Description: Application of American Date Filed: April 14, 1998. Certificates of Public Convenience and Airlines, Inc., pursuant to 49 U.S.C. Parties: Members of the International Necessity and Foreign Air Carrier 41108, applies for amendment of its Air Transport Association. Permits were filed under Subpart Q of Subject: PTC2 Telex Mail Vote 931 certificate for Route 602 to add a new the Department of Transportation’s (Reso 010e). Roll back Kuwait-Middle segment authorizing foreign air Procedural Regulations (See 14 CFR East fare increase r1. Intended effective transportation of persons, property, and 302.1701 et seq.). The due date for date: April 22, 1998. PTC3 Telex Mail mail between any points in the United Answers, Conforming Applications, or Vote 933 (Reso 010g) Introduce Osaka- States directly and via intermediate Motions to Modify Scope are set forth Xiamen fares. Correction to Mail Vote— points and any points in France to below for each application Following TD235. Intended effective date: July 20, points in third countries. the Answer period DOT may process the 1998. application by expedited procedures. Docket Number: OST–98–3758. Docket Number: OST–98–3748. Such procedures may consist of the Date Filed: April 17, 1998. Date Filed: April 16, 1998. adoption of a show-cause order, a Due Date for Answers, Conforming Parties: Members of the International tentative order, or in appropriate cases Applications, or Motions to Modify Air Transport Association. a final order without further Scope: April 22, 1998. Description: Application of Northwest Subject: Telex COMP Mail Vote 924, proceedings. Reso 010a Fares to/from Norway Airlines, Inc., pursuant to 49 U.S.C. (excluding the U.S.) Telexes TW 904/ Docket Number: OST–96–1327. 41108 and 41102 and Subpart Q of the 910/920/925—Corrections. Intended Date Filed: April 30, 1996. Department’s Rules of Practice, requests effective date: April 27, 1998. Due Date for Answers, Conforming issuance of a certificate of public Docket Number: OST–98–3749. Applications, or Motions to Modify convenience and necessity authorizing Date Filed: April 16, 1998. Scope: May 28, 1996. it to provide foreign air transportation of Parties: Members of the International Description: Application of Inter- persons, property, and mail between Air Transport Association. Canadien 1991 Inc./Inter-Canadian any point in the United States directly Subject: PTC2 EUR 0156 dated March (1991) Inc., pursuant to 49 U.S.C. 41301 and via intermediate points and any 17, 1998. Mail Vote 921—Notes and Subpart Q of the Regulations, for a point in France and beyond France to Regarding Within-Europe Fares Telexes foreign air carrier permit to provide points in third countries, except that it TD 219/236/246 (attached to cover those scheduled and charter foreign air does not seek authority in the New pleading). Corrections. transportation services available to York-Paris market. Northwest further Canadian carriers pursuant to the Air Intended effective date: May 1, 1998 requests authority to integrate this r1–078q Transport Agreement between the certificate authority with any other r2–078y Government of Canada and the certificate or exemption authority that it r3–087m Government of the United States. holds to provide scheduled foreign air r4–072y Paulette V. Twine, transportation, consistent with r5–075y Federal Register Liaison. applicable agreements between the U. S. r6–078q [FR Doc. 98–11232 Filed 4–27–98; 8:45 am] and foreign countries. r7–081y BILLING CODE 4910±62±P Paulette V. Twine, r8–084y Federal Register Liaison. Docket Number: OST–98–3750. [FR Doc. 98–11233 Filed 4–27–98; 8:45 am] Date Filed: April 16, 1998. DEPARTMENT OF TRANSPORTATION Parties: Members of the International BILLING CODE 4910±62±P Air Transport Association. Notice of Applications for Certificates of Public Convenience and Necessity Subject: PTC23 AFR–TC3 0042 dated DEPARTMENT OF TRANSPORTATION March 25, 1998. Mail Vote 928—Reso and Foreign Air Carrier Permits Filed 010c. Normal Fares Amended to Show Under Subpart Q During the Week Federal Aviation Administration Gov’t-Approved Levels. Intended Ending April 17, 1998 effective date: May 1, 1998. The following Applications for Notice of Intent To Rule on Application Docket Number: OST–98–3751. Certificates of Public Convenience and To impose and Use the Revenue From Date Filed: April 16, 1998. Necessity and Foreign Air Carrier a Passenger Facility Charge (PFC) at Parties: Members of the International Permits were filed under Subpart Q of Jack Mc Namara Field, Crescent City, Air Transport Association. the Department of Transportation’s CA Subject: Telex PTC12 Mail Vote 930 Procedural Regulations (See 14 CFR AGENCY: Reso 010d. Macedona/Russia/Georgia- Federal Aviation 302.1701 et seq.). The due date for Administration (FAA), DOT. South Atlantic fares, TE592/600— Answers, Conforming Applications, or Amendments. Intended effective date: ACTION: Notice of intent to rule on Motions to Modify Scope are set forth application. April 22, 1998. below for each application. Following Paulette V. Twine, the Answer period DOT may process the SUMMARY: The FAA proposes to rule and Federal Register Liaison. application by expedited procedures. invites public comment on the [FR Doc. 98–11231 Filed 4–27–98; 8:45 am] Such procedures may consist of the application to impose and use the BILLING CODE 4910±62±P adoption of a show-cause order, a revenue from a PFC at Jack Mc Namara 23336 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

Field under the provisions of the Compliance; Airport Rotating Beacon for which a comment is provided, by Aviation Safety and Capacity Expansion and Tower; Site Development and referencing its OMB clearance Number. Act of 1990 (Title IX of the Omnibus construction of access taxiways—Phase It is requested, but not required, that 2 Budget Reconciliation Act of 1990) 1; and Terminal Apron Expansion. copies of the comment be provided. The (Pub. L. 101–508) and Part 158 of the Class or classes of air carriers which Docket Section is open on weekdays Federal Aviation Regulations (14 CFR the public agency has requested not be from 10 a.m. to 5 p.m. part 158). required to collect PFCs: None. FOR FURTHER INFORMATION CONTACT: DATES: Comments must be received on Any person may inspect the Complete copies of each request for or before May 28, 1998. application in person at the FAA office collection of information may be ADDRESSES: Comments on this listed above under FOR FURTHER obtained at no charge from Mr. Michael application may be mailed or delivered INFORMATION CONTACT and at the FAA Robinson, NHTSA Information in triplicate to the FAA at the following Regional Airports office located at: Collection Clearance Officer, 400 address: Federal Aviation Federal Aviation Administration, Seventh Street, S.W., Room 6123, NAD– Administration, Airports Division, Airports Division, 15000 Aviation Blvd., 40, Washington, D.C. 20590. Mr. 15000 Blvd., Lawndale, CA 90261, or Lawndale, CA 90261. Robinson’s telephone number is (202) San Francisco Airports District Office, In addition, any person may, upon 366–9456. Please identify the relevant 831 Mitten Road, Room 210, request, inspect the application, notice collection of information by referring to Burlingame, CA 94010–1303. In and other documents germane to the its OMB Control Number. addition, one copy of any comments application in person at the County of SUPPLEMENTARY INFORMATION: Under the submitted to the FAA must be mailed or Del Norte. Paperwork Reduction Act of 1995, delivered to Mr. Karl Brown, County Issued in Hawthorne, Calif., on April 16, before an agency submits a proposed Engineer of the County of Del Norte, at 1998. collection of information to OMB for the following address: 700 Fifth Street, Herman C. Bliss, approval, it must first publish a Crescent City, CA 95531. Manager, Airports Division, Western-Pacific document in the Federal Register All carriers and foreign air carriers Region. providing a 60-day comment period and may submit copies of written comments [FR Doc. 98–11234 Filed 4–27–98; 8:45 am] otherwise consult with members of the public and affected agencies concerning previously provided to the County of BILLING CODE 4910±13±M Del Norte under section 158.23 of Part each proposed collection of information. 158. The OMB has promulgated regulations FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION describing what must be included in Maryls Vandervelde, Airports Program such a document. Under OMB’s Specialist, Airports District Office, 831 National Highway Traffic Safety regulation (at 5 CFR 1320.8(d)), an Mitten Road, Room 210, Burlingame, Administration agency must ask for public comment on CA 94010–1303, Telephone: (650) 876– the following: [U.S. DOT Docket Number NHTSA±98±3766] (i) Whether the proposed collection of 2806. The application may be reviewed information is necessary for the proper in person at this same location. Reports, Forms, and Recordkeeping Requirements performance of the functions of the SUPPLEMENTARY INFORMATION: The FAA agency, including whether the proposes to rule and invites public AGENCY: National Highway Traffic information will have practical utility; comment on the application to impose Safety Administration (NHTSA), (ii) The accuracy of the agency’s and use the revenue from a PFC at Jack Department of Transportation. estimate of the burden of the proposed Mc Namara Field under the provisions collection of information, including the of the Aviation Safety and Capacity ACTION: Request for public comment on proposed collection of information. validity of the methodology and Expansion Act of 1990 (Title IX of the assumptions used; Omnibus Budget Reconciliation Act of SUMMARY: Before a Federal agency can (iii) How to enhance the quality, 1990) (Pub. L. 101–508) and part 158 of collect certain information from the utility, and clarity of the information to the Federal Aviation Regulations (14 public, it must receive approval from be collected; CFR part 158). On March 26, 1998, the the Office of Management and Budget (iv) How to minimize the burden of FAA determined that the application to (OMB). Under procedures established the collection of information on those impose and use the revenue from a PFC by the Paperwork Reduction Act of who are to respond, including the use submitted by the County of Del Norte 1995, before seeking OMB approval, of appropriate automated, electronic, was substantially complete within the Federal agencies must solicit public mechanical, or other technological requirements of § 158.25 of part 158. comment on proposed collections of collection techniques or other forms of The FAA will approve or disapprove the information, including extensions and information technology, e.g. permitting application, in whole or in part, no later reinstatement of previously approved electronic submission of responses. than June 26, 1998. The following is a collections. In compliance with these brief overview of application No. 98– This document describes two requirements, NHTSA asks for public 01–C–00–CEC. collections of information for which comments on the following proposed Level of the proposed PFC: $3.00. NHTSA intends to seek OMB approval. collections of information: Proposed charge effective date: June 1, 1998. DATES: Comments must be received on Odometer Disclosure Statement Proposed charge expiration date: June or before June 29, 1998. Title: 49 CFR Part 580, Odometer 30, 2001. ADDRESSES: Comments must refer to the Disclosure Statement. Total estimated PFC revenue: $61,430. docket notice numbers cited at the OMB Control Number: 2127–0047. Brief description of proposed projects: beginning of this notice and be Affected Public: Individuals, Airport Sign System; Obstruction submitted to Docket Management, Room Households, Business, other for-profit, Removal; Update Airfield Marking; PL–401, 400 Seventh Street, S.W., and Not-for-profit institutions, Federal Rehabilitate Emergency Generator Washington, DC 20590. Please identify Government, and State, Local or Tribal System; Part 139—Certification & Safety the proposed collection of information Government. Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23337

Abstract: The Federal odometer law, The only way for the agency to decide Estimated Annual Burden: 40,000 49 U.S.C. Chapter 327, and if and when a manufacturer ‘‘learned’’ hours. implementing regulations, 49 CFR Part of a safety-related defect or ‘‘decided in Number of Respondents: At least 580, require each transferor of a motor good faith’’ that some products did not 1,000 vehicle manufacturers of all types. vehicle to provide the transferee with a comply with an applicable Federal Authority: 49 U.S.C. 30166, 49 U.S.C. written disclosure of the vehicle’s motor vehicle safety standard is for the Chapter 327; delegations of authority at CFR mileage. This disclosure is to be made agency to have access to the information 1.50 and 501.8. on the vehicle’s title, or in the case of available to the manufacturer. Kenneth N. Weinstein, a vehicle that has never been titled, on Further, 49 U.S.C. Section 30118(a) Associate Administrator for Safety a separate form. If the title is lost or is requires NHTSA to immediately notify Assurance. held by a lienholder, and where a manufacturer if the agency determines [FR Doc. 98–11180 Filed 4–27–98; 8:45 am] permitted by state law, the disclosure that some of the manufacturer’s BILLING CODE 4910±59±P can be made on a state-issued, secure products either do not comply with an power of attorney. applicable Federal motor vehicle safety Estimated Annual Burden: 2,586,160 standard or contain a safety-related DEPARTMENT OF THE TREASURY hours. defect, and provide the manufacturer Number of Annual Respondents: with all the information on which the Office of Thrift Supervision Approximately 130,000,000. determination is based. Agency Record Retention determinations of noncompliance are [AC±16: OTS No. 1121] generally based upon actual testing Title: 49 CFR Part 576, Record conducted by or for the agency. Peoples Building and Loan Retention. However, defect determinations depend Association, F.A., Tell City, Indiana; OMB Control Number: 2127–0042. Approval of Conversion Application Affected Public: Business or other for- heavily upon review of consumer profit. complaints submitted to the Notice is hereby given that on April Abstract: Under 49 U.S.C. Section manufacturer, communications between 16, 1998, the Director, Corporate 30166(e), NHTSA ‘‘reasonably may manufacturers and suppliers, and the Activities, Office of Thrift Supervision, require a manufacturer of a motor manufacturers’ analyses of field or her designee, acting pursuant to vehicle or motor vehicle equipment to problems and/or warranty claims. delegated authority, approved the keep records, and a manufacturer, Without these complaints and application of Peoples Building and distributor, or dealer to make reports, to manufacturer documents, NHTSA Loan Association, F.A., Tell City, enable [NHTSA] to decide whether the would have only limited access to Indiana, to convert to the stock form of manufacturer, distributor or dealer has information about vehicle or equipment organization. Copies of the application complied or is complying with this problems. are available for inspection at the chapter or a regulation prescribed under To ensure that NHTSA will have Dissemination Branch, Office of Thrift this chapter.’’ access to this type of information, the Supervision, 1700 G Street, NW, 49 U.S.C. Section 30118(c) requires agency exercised the authority granted Washington, DC 20552, and the Central manufacturers to notify NHTSA and in 49 U.S.C. Section 30166(e) and Regional Office, Office of Thrift owners, purchasers, and dealers if the promulgated 49 CFR Part 576, Record Supervision, 200 West Madison Street, manufacturer (1) ‘‘learns’’ that any Retention. This regulation requires Suite 1300, Chicago, Illinois 60606. vehicle or equipment manufactured by manufacturers of motor vehicles to Dated: April 22, 1998. it contains a defect and decides in good retain one copy of all records that faith that the defect relates to motor contain information concerning By the Office of Thrift Supervision. vehicle safety, or (2) ‘‘decides in good malfunctions that may be related to Nadine Y. Washington, faith’’ that the vehicle or equipment motor vehicle safety, for a period of five Corporate Secretary. does not comply with an applicable years after the record is generated or [FR Doc. 98–11160 Filed 4–27–98; 8:45 am] Federal motor vehicle safety standard. acquired by the manufacturer. BILLING CODE 6720±01±M 23338

Corrections Federal Register Vol. 63, No. 81

Tuesday, April 28, 1998

This section of the FEDERAL REGISTER line from the bottom, after ‘‘for’’ insert March 31, 1998, make the following contains editorial corrections of previously ‘‘the’’. corrections: published Presidential, Rule, Proposed Rule, 6. On page 8309, in the second and Notice documents. These corrections are 1. On page 15708, in the first column, column, under Depth of Water on the under Availability of Final Rules, in the prepared by the Office of the Federal Runway, in the second paragraph, in the Register. Agency prepared corrections are second paragraph, in the fourth line, second line from the bottom, ‘‘ensuring’’ issued as signed documents and appear in ‘‘www.access.gop.gov/sul-docs’’ should read ‘‘ensuing’’. the appropriate document categories should read ‘‘www.access.gpo.gov/ elsewhere in the issue. 7. On the same page, in the third l column, in the third full paragraph, in su docs’’. the eighth line from the bottom, ‘‘test’’ 2. On page 15709, in the second should read ‘‘tests’’. column, in the second paragraph, in the DEPARTMENT OF TRANSPORTATION 8. On the same page, in the same 14th line, ‘‘working’’ should read Federal Aviation Administration column, in the last paragraph, in the last ‘‘wording’’. line, ‘‘titled’’ should read ‘‘title’’. 3. On the same page, in the third 14 CFR Parts 1, 25, 91, 121, and 135 9. On page 8310, in the second column, in the second paragraph, in the column, in the first full paragraph, in tenth line, ‘‘hat’’ should read ‘‘that’’. [Docket No. 25471; Amendment Nos. 1±48, the tenth line from the bottom, 25±92, 91±256, 121±268, 135±71] ‘‘Typically’’ should read ‘‘(Typically’’. 4. On page 15710, in the third RIN 2120±AB17 10. On page 8312, in the first column, column, in the second full paragraph, in in the last paragraph, in the third line the eighth line, ‘‘there’’ should read Improved Standards for Determining from the bottom, ‘‘trust’’ should read ‘‘these’’. Rejected Takeoff and Landing ‘‘thrust’’. 5. On page 15712, in the first column, Performance 11. On page 8313, in the first column, in the second line from the bottom, Correction in the second full paragraph, in the ‘‘for’’ should read ‘‘For’’. second line, ‘‘§ § 25.13’’ should read In rule document 98–3898 beginning ‘‘§ § 25.113’’. 6. On the same page, in the third on page 8298, in the issue of 12. On page 8315, in the first column, column, in the last line, ‘‘of’’ should Wednesday, February 18, 1998, make in the seventh line, ‘‘standard’’ should read ‘‘if’’. the following corrections: read ‘‘standards’’. 7. On page 15713, in the first column, 1. On page 8298, in the third column, BILLING CODE 1505-01-D in the third full paragraph, in the sixth in the second paragraph, in the first line, ‘‘The’’ should read ‘‘To’’. line, ‘‘and’’ should read ‘‘an’’. 2. On page 8299, in the third column, DEPARTMENT OF TRANSPORTATION § 25.571 [Corrected] in the second full paragraph, in the 12th line from the bottom, ‘‘rejected’’ should Federal Aviation Administration 8. On page 15714, in the third read ‘‘reject’’. column, in § 25.571(b), in the 21st line, 3. On page 8303, in the second 14 CFR Part 25 ‘‘competing’’ should read ‘‘completing’’. column, in the second full paragraph, in BILLING CODE 1505-01-D the fifth line from the bottom, [Docket No. 27358; Amdt. No. 25±96] ‘‘disagree’’ should read ‘‘disagrees’’. RIN 2120±AD42 4. On the same page, in the third column, in the first full paragraph, in Fatigue Evaluation of Structure the 13th line from the bottom, Correction ‘‘uaffected’’ should read ‘‘unaffected’’. 5. On page 8307, in the first column, In rule document 98–8379 beginning in the first full paragraph, in the 17th on page 15708, in the issue of Tuesday, federal register April 28,1998 Tuesday Notice Infrastructure AssistanceProgram(TIIAP); Telecommunications andInformation Information Administration National Telecommunicationsand Commerce Department of Part II 23339 23340 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

DEPARTMENT OF COMMERCE the Telecommunications and SUPPLEMENTARY INFORMATION: Information Infrastructure Assistance National Telecommunications and Program (TIIAP) to promote the Applications Received Information Administration widespread use of advanced In all, 757 applications were received [Docket Number: 970103002±8089±04] telecommunications and information for all fifty states, the District of technologies in the public and non- RIN 0660±ZA02 Columbia, Guam, the Marianas profit sectors. By providing matching Protectorate, the Marshall Islands, the grants for information infrastructure Commonwealth of Puerto Rico, and the Telecommunications and Information projects, this program will help develop U.S. Virgin Islands. The total amount Infrastructure Assistance Program a nationwide, interactive, multimedia requested by the applications is $323 (TIIAP) information infrastructure that is million. AGENCY: National Telecommunications accessible to all citizens, in rural as well and Information Administration, as urban areas. This Notice announces Notice is hereby given that the Commerce. the applications that were received in program received applications from the response to the January 5, 1998, following organizations. The list ACTION: Notice of Applications Received. solicitation. includes all applications received. FOR FURTHER INFORMATION CONTACT: Identification of any application only SUMMARY: On January 5, 1998, in the Stephen J. Downs, Director, indicates its receipt. It does not indicate Federal Register (62 FR 358), the Telecommunications and Information that it has been accepted for review, that National Telecommunications and Infrastructure Assistance Program, it has been determined to be eligible for Information Administration (NTIA) Telephone: 202–482–2048. Fax: 202– funding, or that an application will announced the availability of funds for 501–5136. Email: [email protected]. receive an award.

Alabama 980103 Dallas County School System (Selma) 980119 University of Alabama at Birmingham (Birmingham) 980210 Oakwood College (Huntsville) 980244 Poarch Creek Indians (Atmore) 980341 Cooper Green Hospital (Birmingham) 980478 Birmingham Civil Rights Institute (Birmingham) 980640 Reverend Peter James and Florence Lee Kirksey Foundation, Inc. (Boligee) 980719 International Telecomputing Consortium (Newbern) Alaska 980026 Alaska Housing Finance Corporation (Anchorage) 980095 Fairnet, Inc. (Fairbanks) 980116 University of Alaska at Fairbanks (Fairbanks) 980207 Galena City School District (Galena) 980212 Alaska Pacific University (Anchorage) 980265 Chignik Lagoon Village Council (Chignik Lagoon) 980375 South East Regional Resource Center (Juneau) 980390 University of Alaska at Anchorage (Anchorage) 980419 Ozarka Technical College (Melbourne) 980462 Cook Inlet Tribal Council, Inc. (Anchorage) 980567 Fairbanks Native Association (Fairbanks) 980600 United Way of Anchorage (Anchorage) Arizona 980032 Indian Oasis-Baboquivari Unified School District No. 40 (Sells) 980127 PPEP Micro Business Housing Development Corporation (Tucson) 980143 Pinetop Lakeside Police Department (Lakeside) 980160 Southern Arizona Legal Aid, Inc. (Tucson) 980288 Border Region Business Incubator, Inc. (Bisbee) 980300 Sequoia School (Mesa) 980348 Arizona State University at Tempe (Tempe) 980393 Maricopa Association of Governments (Phoenix) 980414 Yavapai County Community College District (Prescott) 980577 Pima County Community College (Tucson) Arkansas 980076 Mid-South Community College (West Memphis) 980121 Arkansas River Valley Regional Library System at Little Rock (Dardanelle) 980175 University of Arkansas at Little Rock (Little Rock) 980217 Jones Center for Families (Springdale) 980324 Harvey and Bernice Jones Center for Families (Springdale) 980325 University of Arkansas for Medical Sciences (Little Rock) 980327 Pulaski County, Arkansas (Little Rock) 980387 Arkansas Educational Television Commission (Conway) Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23341

980692 University of Arkansas at Fayetteville (Fayetteville) 980708 University of Arkansas at Little Rock (Little Rock) 980747 United Methodist Homeless Housing Mission (Hot Springs) 980757 City of Little Rock (Little Rock) California 980016 Western Identification Network, Inc. (Sacramento) 980020 City of Richmond (Richmond) 980022 Desert Sands Unified School District (Riverside) 980035 Saint Vincent de Paul Village, Inc. (San Diego) 980044 California Department of Justice (Sacramento) 980070 County of Los Angeles (Monterey Park) 980075 Friends of Recreation and Parks (San Francisco) 980079 Labor’s Community Service Agency (San Diego) 980081 San Gabriel Valley Council of Governments (Los Angeles) 980093 City of Long Beach (Long Beach) 980102 Linking Education and Economic Development (Sacramento) 980106 Mendocino County Office of Education (Ukiah) 980109 California State University at Turlock (Turlock) 980114 City of Turlock, California (Turlock) 980133 University of Southern California (Los Angeles) 980135 County of San Diego (San Diego) 980150 The Galef Institute (Los Angeles) 980153 City of San Diego (San Diego) 980157 California State Rural Health Association (Arcata) 980158 Hartnell Community College District (Salinas) 980161 Olive View-UCLA Medical Center (Sylmar) 980187 City of San Jose (San Jose) 980225 San Joaquin Hospital (Bakersfield) 980232 County of Monterey, California (Salinas) 980237 City of Fresno (Fresno) 980239 San Fernando Valley Neighborhood Legal Services, Inc. (Los Angeles) 980250 Latino Issues Forum (San Francisco) 980330 Public Interest Clearinghouse (San Francisco) 980332 Santa Cruz County, California (Santa Cruz) 980338 Community Health Foundation of East Los Angeles (Los Angeles) 980344 City of Ridgecrest, California (Ridgecrest) 980347 City of Sunnyvale, California (Sunnyvale) 980363 New Haven Unified School District (Union City) 980365 Association of Bay Area Governments (Oakland) 980376 San Francisco Department of Public Health (San Francisco) 980384 Bay Area School-to-Career Action Network (San Rafael) 980395 Youth Policy Institute (Manhattan Beach) 980397 Ahmium Education, Inc. (San Jacinto) 980402 San Francisco Council on Homelessness (San Francisco) 980416 Berkeley Community Fund (Berkeley) 980445 Information and Referral Federation of Los Angeles County, Inc. (El Monte) 980447 Los Angeles Conservation Corps (Los Angeles) 980458 Marin County, California (San Rafael) 980475 University of California at Los Angeles (Los Angeles) 980487 Inspire Foundation (Los Angeles) 980509 Housing Authority of the County of Marin (San Rafael) 980526 Marin City Project (Marin City) 980545 Local Economic Assistance Program/L.E.A.P. (Oakland) 980549 University of Southern California (Los Angeles) 980554 University of Southern California (Los Angeles) 980556 Watts Labor Community Action Committee (Los Angeles) 980559 Peninsula Library System (San Mateo) 980569 East Side Union High School District (San Jose) 980588 Regents of the University of California (Berkeley) 980617 Golden Gate University (San Francisco) 980626 University of California at Berkeley (Berkeley) 980642 National Homes Trust, Inc. (Los Angeles) 980645 California Institute of Technology (Pasadena) 980648 Community Partners (Los Angeles) 980675 Orange County Department of Education (Fountain Valley) 980676 California State University at Los Angeles (Los Angeles) 980681 Center for Training and Careers (San Jose) 980690 SLONET Regional Information Access (San Luis Obispo) 23342 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

980695 Chabot Observatory and Science Center (Oakland) 980709 Hermandad Mexicana Nacional (Santa Ana) 980714 Alice Cortez Bail Bonds (San Jose) 980732 Bay Area Shared Information Consortium (Mountain View) 980738 City of San Jacinto, California (San Jacinto) 980739 Visible Light, Inc. (Buellton) Colorado 980010 Board of Weld County Commissioners (Greeley) 980072 Association for Community Networking (Telluride) 980123 Mile High United Way (Denver) 980159 University of Colorado Health Sciences Center (Denver) 980205 University of Colorado at Denver (Denver) 980241 Newsed Community Development Corporation (Denver) 980289 Arts and Humanities Assembly of Boulder County (Boulder) 980302 Colorado Alliance of Research Libraries (Denver) 980317 Western States Arts Federation (Denver) 980518 University of Colorado at Boulder (Boulder) 980547 City of Denver Juvenile Court (Denver) 980558 City and County of Denver (Denver) 980570 Western State College (Gunnison) 980603 Peer Assistance Services, Inc. (Denver) 980745 Poudre School District (Fort Collins) Connecticut 980053 Bloomfield Board of Education (Bloomfield) 980342 Capitol Region Education Council (Hartford) 980437 National Cristina Foundation (Stamford) 980621 Talcott Mountain Science Center for Student Involvement, Inc. (Avon) 980702 Housing Authority of the City of Norwalk (South Norwalk) Delaware 980073 Alfred I. duPont Hospital for Children (Wilmington) 980500 Delaware Technical and Community College (Wilmington) 980510 Delaware Criminal Justice Information System (Dover) 980606 Jewish Federation of Delaware, Inc. (Wilmington) 980763 Delaware Association for Home and Community Care (Montchanin) District of Columbia 980473 Catholic University of America (Washington) 980562 Rural Coalition/Caolicion Rural (Washington) 980573 Very Special Arts (Washington) 980578 Development Corporation of Columbia Heights (Washington) 980587 Spanish Catholic Center (Washington) 980589 Norman N. Johnson IDEA Public Charter School (Washington) 980594 Community Building Group, Ltd. (Washington) 980601 National Puerto Rican Coalition, Inc. (Washington) 980689 American Symphony Orchestra League (Washington) 980697 ASPIRA Association, Inc. (Washington) 980698 Children’s Hospital (Washington) 980707 College of Engineering, Architecture and Design (Washington) 980711 Howard University (Washington) 980741 Health Quest Foundation (Washington) 980742 Faith Health Association, Inc. (Washington) Federated States of Micronesia 980115 Micronesia Human Resource Development Center (Kolonia) Florida 980033 University of South Florida (Tampa) 980034 Health Choice Network, Inc. (Miami) 980036 Martin County School District (Stuart) 980098 Florida State University at Tallahassee (Tallahassee) 980104 Town of Welaka, Florida (Welaka) 980118 Escambia County, Florida (Pensacola) 980148 Able Trust (Tallahassee) 980172 City of Leesburg, Florida (Leesburg) 980206 Naples Free-Net (Naples) 980281 Helpanswers Educational Foundation (Naples) Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23343

980285 Riverview High School (Sarasota) 980298 Administrative Office of the Courts (Tampa) 980309 Okaloosa County, Florida (Shalimar) 980315 Goodwill Industries of Big Bend, Inc. (Tallahassee) 980316 Big Bend Rural Health Network (Perry) 980322 Florida State University at Tallahassee (Tallahassee) 980339 City of Hallandale, Florida (Hallandale) 980392 St. Lucie County Board of County Commissioners (Fort Pierce) 980422 Seminole Tribe of Florida (Hollywood) 980454 Horizon Housing Foundation, Inc. (Fort Lauderdale) 980467 Florida Rural Legal Services, Inc. (Lakeland) 980477 City of Deerfield Beach, Florida (Deerfield Beach) 980521 Daytona Beach Community College (Daytona Beach) 980563 Lee County, Florida (Fort Meyers) 980602 Coordinating Council of Broward (Fort Lauderdale) 980607 Florida Conference of Seventh-Day Adventists (Winter Park) 980618 Tallahassee Community College (Tallahassee) 980624 Children’s Home Society of Florida, Inc. (Miami) 980673 Boynton Beach City Library (Boynton Beach) 980674 City of Clearwater, Florida (Clearwater) 980696 City of Tampa (Tampa) 980723 Duval County Public Schools (Jacksonville) Georgia 980107 Peach County Public Libraries (Fort Valley) 980197 100 Black Men of America, Inc. (Atlanta) 980270 Coastal Georgia Historical Society (St. Simmons Island) 980303 City of Valdosta, Georgia (Valdosta) 980409 City of Atlanta (Atlanta) 980459 Gwinnett County Board of Commissioners (Lawrenceville) 980512 Southern Regional Education Board (Atlanta) 980516 Atlanta-Fulton County Zoo, Inc. (Atlanta) 980539 Georgia Environmental Organization (Smyrna) 980543 Metro Atlanta Task Force for the Homeless, Inc. (Atlanta) 980592 Hands, Feet and Mouth, Inc. (Smyrna) 980593 Victory Community Development Corporation (Atlanta) 980614 Crisp County E–911 (Cordele) 980654 Clark Atlanta University (Atlanta) 980684 Morehouse School of Medicine (Atlanta) 980760 United Way of Metropolitan Atlanta, Inc. (Atlanta) Guam 980759 Guam Community College (Mangilao) Hawaii 980113 City and County of Honolulu (Honolulu) 980180 Hawaii Lawyers Care (Honolulu) 980284 State of Hawaii (Honolulu) 980354 State of Hawaii (Honolulu) 980358 Papaikou United Network (PUN) (Papaikou) 980411 University of Hawaii (Honolulu) 980415 Kapi’olani Medical Center for Women and Children (Honolulu) 980423 Saint Frances Healthcare System of Hawaii (Honolulu) 980499 Chaminade University of Honolulu (Honolulu) 980659 Hawaii Lynx (Kahuku) 980700 University of Hawaii (Honolulu) 980751 Oahu Economic Development Board (Honolulu) Idaho 980064 Fort Lemhi Indian Community (Fort Hall) Illinois 980074 University of Chicago (Chicago) 980088 Illinois Primary Health Care Association (Springfield) 980174 Calumet Region Public Safety Network (South Holland) 980182 Memorial Health System (Springfield) 980229 Community Career and Technology Center, Inc. (Peoria) 980246 Hamilton-Jefferson Counties Educational Services Region (Mount Vernon) 980252 Middle Passages, Inc. (Chicago) 23344 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

980299 Sinai Family Health Services (Chicago) 980349 City of Rockford, Illinois (Rockford) 980401 Lester and Rosalie Anixter Center (Chicago) 980413 State of Illinois (Springfield) 980464 Boys and Girls Clubs of Chicago (Chicago) 980465 Profamily Social Service Connections, Inc. (Chicago) 980540 Neighborhood Learning Networks (Chicago) 980553 City of Chicago (Chicago) 980609 Parkland College (Champaign) 980616 Future Teachers of Chicago (Chicago) 980668 West Suburban Hospital Medical Center (Oak Park) 980669 City of Chicago (Chicago) 980720 Cencom E9–1–1 Communications Center (Round Lake Beach) Indiana 980059 Indiana Youth Services Association, Inc. (Indianapolis) 980152 OMNI Centre for Public Media, Inc. (Carmel) 980215 Indiana University (Indianapolis) 980260 City of Indianapolis (Indianapolis) 980428 Indiana University at Bloomington (Bloomington) 980623 Hancock County Community Network, Inc. (Greenfield) 980653 Indiana State University at Terre Haute (Terre Haute) 980680 Intelenet Commission (Indianapolis) 980756 Lake County Public Library (Merrillville) Iowa 980154 Eldora-New Providence Community School District (Eldora) 980163 Independence Municipal Utilities (Independence) 980200 Butler County, Iowa (Allison) 980240 Grundy Center Municipal Utilities (Grundy Center) 980350 Iowa Valley Community College District (Marshalltown) 980451 Metro Area Housing Program, Inc. (Cedar Rapids) 980620 City of Iowa City (Iowa City) 980632 Northeast Iowa Community College (Peosta) Kansas 980009 Southeast Kansas Education Service Center (Girard) 980011 Geary County, Kansas (Junction City) 980043 Saline County, Kansas (Saline) 980099 Kansas State University at Manhattan (Manhattan) 980140 University of Kansas (Kansas City) 980147 Hays Medical Center (Hays) 980234 Garden City Information Technologies Cooperative, Inc. (Garden City) 980307 Community Memorial Healthcare, Inc. (Marysville) 980381 City of Junction City, Kansas (Junction City) 980436 United Tribe of Shawnee Indians (De Soto) 980450 Emporia State University (Emporia) 980522 Emporia State University (Emporia) 980557 North Central Kansas Education Service Center (Concordia) 980685 University of Kansas Medical Center (Kansas City) 980729 Northeast Kansas School-to-Work Consortium, Inc. (Highland) Kentucky 980001 Kentucky River Foothills Development Council, Inc. (Richmond) 980130 Woodford County Public Schools (Versailles) 980165 Kentucky State Police (Frankfort) 980219 Fayette County Public Schools (Lexington) 980235 Butler County Fiscal Court (Morgantown) 980245 Trover Foundation (Madisonville) 980295 Western Kentucky University (Bowling Green) 980491 City of Shelbyville, Kentucky (Shelbyville) 980493 Kentucky Historical Society (Frankfort) 980501 Economic Development, Inc. (Berea) 980536 The Center for Rural Development (Somerset) 980537 University of Kentucky Research Foundation (Lexington) 980716 Jefferson County Fiscal Court (Louisville County) Louisiana 980122 Beauregard Parish Library (Deridder) Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23345

980125 City of Shreveport, Louisiana (Shreveport) 980186 South Central Planning and Development Commission (Thibodaux) 980314 Ben D. Johnson Educational Foundation, Inc. (Natchitoches) 980380 Nicholls State University (Thibodaux) 980448 Jefferson Parish Government (Harahan) 980502 Advocates for Science and Math Education (New Orleans) 980503 St. Tammany Parish (Covington) 980639 Macon Ridge Economic Development Region (Ferriday) 980656 Parish of Ascension (Gonzales) Maine 980003 Maine Municipal Association (Augusta) 980065 City of Augusta Board of Trade (Augusta) 980199 Regional Medical Center at Lubec (Lubec) 980482 ECO 2000 (Frenchville) Marianas Protectorate 980542 Commonwealth Utilities Corporation (Saipan) Maryland 980306 Somerset County Economic Development Commission (Princess Anne) 980461 Soundprint Metro Center, Inc. (Laurel) 980463 University of Maryland at Baltimore (Baltimore) 980466 Family League of Baltimore City, Inc. (Baltimore) 980470 Network of Community Resources, Inc. (Rockville) 980527 Baltimore Metropolitan Council, Inc. (Baltimore) 980528 Institute for Family-Centered Care, Inc. (Bethesda) 980530 Foundation for the Future of Youth (Rockville) 980531 Prince George’s County (Upper Marlboro) 980564 Prince George’s County (Upper Marlboro) 980583 Maryland Works, Inc. (Columbia) 980584 Baltimore Urban Leadership Foundation (Baltimore) 980591 Greater Oakland Business Association (Oakland) 980599 Baltimore City Public School System (Baltimore) 980687 Citizens Planning and Housing Association (Baltimore) 980743 City of Takoma Park, Maryland (Takoma Park) Massachusetts 980006 The New England College of Optometry (Boston) 980018 Mount Wachusett Community College (Gardner) 980024 Visiting Nurse Association of Boston (Boston) 980030 Partners for a Healthier Community, Inc. (Springfield) 980120 Mystic Valley Development Commission (Malden) 980134 WGBH Educational Foundation (Boston) 980166 Corporation for Business, Work, and Learning (Charlestown) 980266 Merrimack College (Lawrence) 980296 Haitian American Public Health Initiatives (Mattapan) 980431 Regional Employment Board of Hampden County, Inc. (Springfield) 980432 Greater Boston Morehouse College Alumni Association (Cambridge) 980446 Jewish Vocational Services (Boston) 980505 Education Development Center, Inc. (Newton) 980572 Greater Holyoke Foundation, Inc. (Holyoke) 980638 Edgewater/Pynchon Terrace Association (Springfield) 980722 Tufts University (Boston) 980755 Work Group for Computerization of Behavioral Health and Human Services Records (Cambridge) Michigan 980017 Western Michigan University (Kalamazoo) 980021 Washtenaw County Regional Dispatch Authority (Ann Arbor) 980057 GrandNet (Grand Rapids) 980087 Madonna University (Livonia) 980105 University of Michigan at Ann Arbor (Ann Arbor) 980132 Phoenix Place, Inc. (Washington) 980155 Alpena County, Michigan (Alpena) 980156 City of Lansing (Lansing) 980208 Eastern Michigan University (Ypsilanti) 980236 Traverse Bay Area Intermediate School District (Traverse City) 980259 Northern Economic Initiatives Corporation (Marquette) 980264 Grand Traverse County (Traverse City) 23346 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

980269 Michigan State Bar Foundation (Lansing) 980308 City of Allen Park, Michigan (Allen Park) 980313 Hills and Dales General Hospital (Cass City) 980318 Wayne State University (Detroit) 980484 Mott Community College (Flint) 980534 Leelanau County, Michigan (Leland) 980619 Upper Peninsula Children’s Museum, Inc. (Marquette) 980637 Detroit Institute of Arts Founders Society (Detroit) 980646 School District of the City of Detroit (Detroit) 980647 Manistee Universal Free-Net (Manistee) 980717 Focus: HOPE (Detroit) 980736 Youth Links (Detroit) Minnesota 980041 Independent School District No. 196 (Rosemount) 980058 University of Minnesota (Minneapolis) 980117 West Central Minnesota Educational Television (Appleton) 980142 First Call Minnesota (Fergus Falls) 980144 Housing and Redevelopment Authority of HBG Minnesota (Hibbing) 980222 The Cathedral of the Immaculate Conception (Crookston) 980255 Southeast Service Cooperative (Rochester) 980262 United Way of Minneapolis Area (Minneapolis) 980356 City of Minneapolis (Minneapolis) 980385 Office of Strategic and Long Range Planning (St. Paul) 980398 Red Lake Band of Chippewa Indians (Red Lake) 980400 South Hennepin Regional Planning Agency (Edina) 980408 Hennepin County, Minnesota (Minneapolis) 980438 North Memorial Health Care (Robbinsdale) 980488 City of Eagan, Minnesota (Eagan) 980551 Migizi Communications, Inc. (Minneapolis) 980575 Cooperative Resources, Inc. (Fergus Falls) 980655 Southeastern Minnesota Private Industry Council, Inc. (Rocherster) 980663 Immanuel-St. Joseph’s Hospital of Mankato, Inc. (Mankato) 980665 North side Economic Development Council (Minneapolis) 980679 City of Minneapolis (Minneapolis) 980715 Health Partners Research Foundation (Minneapolis) 980748 Minnesota Center for the Book (St. Paul) Mississippi 980054 Department of Marine Resources (Biloxi) 980173 Oxford School District (Oxford) 980224 Columbus-Lowndes Economic Development Association (Columbus) 980280 Institution of Higher Learning (Jackson) 980282 Jackson State University (Jackson) 980343 Mississippi State University (Mississippi State) 980366 Tegal College (Tegal) 980485 North Mississippi Health Services, Inc. (Tupelo) 980576 Foundation for Educational Alternatives in the Rural South (Macon) 980660 Mississippi Action for Community Education, Inc. (Greenville) 980764 Crystal Springs Police Department (Crystal Springs) Missouri 980002 Office of State Courts Administrator (Jefferson City) 980049 Children’s Foundation of Mid-America, Inc. (St. Louis) 980067 Livingston County Commission (Chillicothe) 980185 City of Town and Country (St. Louis) 980293 Boone County, Missouri (Columbia) 980368 St. Louis Development Corporation (St. Louis) 980396 Boone Hospital Center (Columbia) 980420 Public Television 19, Inc. (Kansas City) 980424 Logan College of Chiropractic (Chesterfield) 980468 Kansas City Neighborhood Alliance (Kansas City) 980514 St. Louis Community College (St. Louis) 980608 University of Missouri at St. Louis (St. Louis) 980610 Kansas City School District (Kansas City) 980627 Bothwell Regional Health Center (Sedalia) Montana 980063 Beaverhead County, Montana (Dillon) Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23347

980176 University of Montana at Missoula (Missoula) 980189 Little Big Horn College (Billings) 980254 Rocky Mountain College (Billings) 980412 Cascade County Historical Society (Great Falls) 980441 Critical Illness and Trauma Foundation, Inc. (Bozeman) 980750 Lincoln County Economic Development Council (Libby) Nebraska 980323 Applied Information Management Institute (Omaha) 980440 Saint Elizabeth Community Health Center (Lincoln) Nevada 980038 University of Nevada at Reno (Reno) 980371 Nevada Rural Hospital Project Foundation (Reno) 980386 Saint Mary’s Foundation (Reno) 980733 City of Las Vegas (Las Vegas) New Hampshire 980012 City of Rochester (Rochester) 980198 Monadnock United Way (Keene) 980383 Manufacturing Extension Partnership of New Hampshire, Inc. (Nashua) New Jersey 980008 New Jersey Head Start Association (Trenton) 980015 Borough of Paramus (Paramus) 980092 Rutgers University (Piscataway) 980096 Prime Care, Inc. (Sparta) 980184 City of Trenton (Trenton) 980193 Rutgers State University (Piscataway) 980214 United Way of Bergen County (Oradell) 980267 Cumberland County College (Vineland) 980278 Visiting Nurse Association of Sussex County (Sparta) 980326 New Jersey Transit Corporation (Newark) 980335 Union County College (Cranford) 980417 Manavi (Union City) 980418 City of Camden (Camden) 980457 Middlesex County, New Jersey (New Brunswick) 980460 Recording for the Blind and Dyslexic (Princeton) 980481 New Jersey Public Broadcasting Authority (Trenton) 980507 Moorestown Township Public Schools (Burlington) 980541 Newark Emergency Services for Families, Inc. (Newark) 980566 Hunterdon Central Regional High School (Flemington) 980581 City of Vineland, New Jersey (Vineland) 980641 Lambertville Public School District (Lambertville) 980662 InfoShare (Egg Harbor Township) 980677 Sickle Cell Anemia and Charity, Inc. (Trenton) 980744 Hanover Township (Whipping) 980761 Chesilhurst Coalition for Youth and Family Development (Chesilhurst) New Mexico 980004 Self Reliance Foundation (Santa Fe) 980048 San Juan College (Farmington) 980050 City of Las Vegas (Las Vegas) 980051 Central Consolidated School District No. 22 (Shiprock) 980080 New Mexico Health Policy Commission (Santa Fe) 980273 Central Consolidated School District No. 22 (Shiprock) 980320 National Indian Telecommunications Institute (Santa Fe) 980377 City of Las Cruces (Las Cruces) 980429 Arts New Mexico (Santa Fe) 980546 Museum of New Mexico Foundation (Santa Fe) 980633 Northern New Mexico Network for Rural Education (Santa Fe) New York 980039 Coalition for the Homeless (New York) 980040 Public Utility Law Project of New York, Inc. (Albany) 980042 Union University (Albany) 980066 Monroe County, New York (Rochester) 980082 Chemung County, New York (Elmira) 980084 Westchester County (White Plains) 23348 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

980085 Fund for Aging Services (New York) 980097 City of New York (New York) 980129 City of Elmira, New York (Elmira) 980179 Westchester County (White Plains) 980183 Forest Hills Community House, Inc. (Forest Hills) 980202 Research Foundation of CUNY (New York) 980230 M-ARK Project, Inc. (Margaretville) 980238 Bronx Information Network, Inc. (Bronx) 980256 Community School District 13 (Brooklyn) 980271 New York City Department of Health (New York) 980275 Madison-Oneida Board of Cooperative Educational Services (Verona) 980276 Association of Art Museum Directors Educational Foundation, Inc. (New York) 980279 City of Syracuse (Syracuse) 980283 Wyoming County Community Action, Inc. (Silver Springs) 980291 Chautauqua County, New York (Mayville) 980292 Museum for African Art (New York) 980333 New York City Public Schools (Brooklyn) 980334 Cold Spring Harbor Laboratory (Cold Spring Harbor) 980351 United Way of Greater Rochester (Rochester) 980359 Hospice of Central New York (Liverpool) 980362 Columbia University (New York) 980369 The Museum of Modern Art (New York) 980379 Meadowbrook Medical Educational and Research Foundation (East Meadow) 980382 St. Nicholas Neighborhood and Housing Rehabilitation Corporation (Brooklyn) 980404 Newark Central School District Consortium (Newark) 980439 Cornell University (Ithaca) 980442 Queens Borough Public Library (Jamaica) 980444 Haverstraw-Stony Point Central Schools (Garnerville) 980453 Libraries for the Future (New York) 980471 Westchester Arts Council (White Plains) 980479 Consortium for Workers Education (New York) 980480 Epie Institute (Hampton Bays) 980496 Council of Senior Centers and Services of New York City, Inc. (New York) 980511 I Have a Dream Foundation (New York) 980523 Tompkins County, New York (Ithaca) 980525 Town of North Hempstead, New York (Manhasset) 980548 Utica Community Action, Inc. (Utica) 980561 Children’s Media Project (Poughkeepsie) 980582 Literacy Volunteers of America, Inc. (Syracuse) 980595 New York State Office of Advocacy for Persons with Disabilities (Albany) 980596 Fund for the Borough of Brooklyn (Brooklyn) 980604 Chocolate Chips Electronic Office, Inc. (Brooklyn) 980613 Fund for the City of New York (New York) 980635 Mercy College (Dobbs Ferry) 980636 Paleontological Research Institution (Ithaca) 980643 Town of East Hampton (East Hampton) 980661 Edad, Inc. (New York) 980666 Community School District No. 5 (New York) 980670 Albany Housing Authority (Albany) 980686 Molloy College (Rockville Centre) 980691 Abyssinian Development Corporation (New York) 980699 Rural Development Leadership Network (New York) 980710 Harlem Legal Services, Inc. (New York) 980721 Town of New Hartford (Oneida) 980724 Community Health Care Association of New York State, Inc. (New York) 980725 Cattaraugus-Allegeny-Erie-Wyoming BOCES (Olean) 980727 Federation of Protestant Welfare Agencies (New York) 980735 New School for Social Research (New York) 980740 Mary McClellan Hospital, Inc. (Washington County) 980758 Town of Clarkstown, New York (New City) North Carolina 980213 Public Health Authority of Cabarrus County (Kannapolis) 980218 North Carolina Department of Crime Control (Raleigh) 980226 City of Lenoir, North Carolina (Lenoir) 980258 North Carolina Central University (Durham) 980261 State of North Carolina (Raleigh) 980372 Resources for Education Systems and Associates (Shawboro) 980389 Appalachian State University (Boone) Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23349

980574 North Carolina State Museum of Natural Sciences (Raleigh) 980585 Wake Forest University (Winston-Salem) 980693 East Carolina University (Greenville) 980718 Onslow Community Ministries, Inc. (Jacksonville) 980728 North Carolina School of Science (Durham) 980762 College of Albermarle (Elizabeth City) North Dakota 980196 Little Hoop Tribal College (Fort Totten) 980247 Plains Art Museum (Fargo) 980286 Greater Barnes County ITV Consortium (Valley City) 980399 St. Alexius Medical Center (Bismarck) 980452 Minot State University (Minot) Ohio 980046 Cuyahoga County, Ohio (Cleveland) 980078 Organizacion Civica y Cultural Hispana Americana, Inc. (Youngstown) 980090 Appalachian Center for Economic Networks (Athens) 980139 Children’s Hospital of Columbus (Columbus) 980162 City of Celina, Ohio (Celina) 980177 COSI Toledo (Toledo) 980178 Cuyahoga County Board of Health (Cleveland) 980209 Ohio Corporation for Health Information (Columbus) 980251 Greater Cleveland Neighborhood Centers Association (Cleveland) 980355 State of Ohio (Columbus) 980427 L.O.G.I.C. Board (Massillon) 980443 City of Cincinnati (Cincinnati) 980455 Educational Television Association of Metropolitan Cleveland (Cleveland) 980476 Ohio University (Athens) 980490 Shawnee State University (Portsmouth) 980492 Mahoning County, Ohio (Youngstown) 980529 The Islamic School of the Oasis/TISO (Cleveland) 980598 Corporation for Ohio Appalachian Development (Athens) 980704 Delaware County, Ohio (Delaware) Oklahoma 980013 Oklahoma Department of Vocational and Technical Education (Stillwater) 980019 Grant County, Oklahoma (Melford) 980029 McAlester Regional Health Center (McAlester) 980126 City of Sallisaw, Oklahoma (Sallisaw) 980311 Caddo-Kiowa Vocational Technical Center (Fort Cobb) 980486 City of Tulsa-Rogers County Port Authority (Catoosa) 980568 Community Services Building, Inc. (Norman) 980586 Oklahoma State University (Oklahoma City) Oregon 980025 Clackamas County Fire District No. 1 (Milwaukie) 980031 Klamath Community Development Corporation (Klamath Falls) 980055 Forest Grove School District (Forest Grove) 980164 City of Ashland, Oregon (Ashland) 980249 Intertribal GIS Council, Inc. (Pendleton) 980329 Mid-Columbia Council of Governments (The Dalles) 980378 Asante Physician Network Development (Medford) 980425 State of Oregon (Salem) 980513 Portland Community College (Portland) 980515 Workforce Development Board (Portland) 980535 Lane Council of Governments (Eugene) 980565 Oregon Multimedia Institute (OMNI) (Medford) 980634 Multnomah Education Service District (Portland) 980650 Deschutes County Victim Assistance (Bend) 980703 Lane Community College (Eugene) Pennsylvania 980037 Thomas Jefferson University (Philadelphia) 980068 Manchester Craftmen’s Guild (Pittsburgh) 980086 Crawford County Regional Alliance (Meadville) 980094 National Adoption Center, Inc. (Philadelphia) 980111 Manor Junior College (Jenkintown) 980128 University of Pittsburgh (Pittsburgh) 23350 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

980136 Children’s Hospital of Pittsburgh (Pittsburgh) 980145 Camria County Area Community College (Johnstown) 980149 Lehigh Carbon Community College (Schnecksville) 980188 Philadelphia College of Osteopathic Medicine (Philadelphia) 980203 North Central Pennsylvania Regional Planning and Development Commission (Ridgway) 980211 Luzerne County Community College (Naticoke) 980221 Center for Agile Pennsylvania Education/CAPE (Bethlehem) 980227 Crozer-Keystone Health System (Springfield) 980243 King’s College (Wilkes-Barre) 980248 Lehigh Valley Partnership for Community Health (Bethlehem) 980253 Edinboro University of Pennsylvania (Edinboro) 980337 University of Pennsylvania (Philadelphia) 980364 Wilkinsburg School District (Wilkinsburg) 980367 Township of North Huntingdon, Pennsylvania (North Huntingdon) 980373 Mansfield University of Pennsylvania (Mansfield) 980388 Indiana County, Pennsylvania (Indiana) 980405 City of Wilkes-Barre (Wilkes-Barre) 980435 Roxborough High School (Philadelphia) 980508 University of Pittsburgh (Pittsburgh) 980524 Commonwealth of Pennsylvania (Harrisburg) 980538 Cobbs Creek Community Environmental Education (Philadelphia) 980555 University of Pittsburgh (Pittsburgh) 980560 Carnegie Institute (Pittsburgh) 980571 The ROAD, Inc. (Malvern) 980579 Ben Franklin Technology Center of Southeastern Pennsylvania (Philadelphia) 980629 Educational and Scientific Trust of the Pennsylvania Medical Society (Harrisburg) 980631 Fayette County Community Action Agency, Inc. (Uniontown) 980644 Health Group Telecommunications Company (Meadville) 980649 Central Pennsylvania Legal Services (Harrisburg) 980672 Mt. Lebanon Public Library (Pittsburgh) 980712 Carnegie Mellon University (Pittsburgh) 980746 Tuscarora Intermediate Unit 11 (McVeytown) Puerto Rico 980027 University of the Sacred Heart (San Juan) 980069 Ponce School of Medicine (Ponce) 980181 Inter-American University of Puerto Rico (San Juan) 980223 Bayamon Central University (Bayamon) 980357 Municipality of Cayey, Puerto Rico (Cayey) 980533 Museo de Arte de Puerto Rico (Santurce) Rhode Island 980007 State of Rhode Island (North Providence) 980403 Rhode Island State Police (North Scituate) 980749 The Providence Plan (Providence) South Carolina 980100 City of Spartanburg (Spartanburg) 980108 Richland County, South Carolina (Columbia) 980110 Florence-Darlington Technical College (Florence) 980124 Horry County Schools (Conway) 980131 York Technical College (Rock Hill) 980171 University of South Carolina at Aiken (Aiken) 980190 University of South Carolina at Spartanburg (Columbia) 980195 Benedict College (Columbia) 980231 Tri-County Technical College (Pendleton) 980328 Sumter School District 17 (Sumter) 980360 Trident Technical College (Charleston) 980421 Midlands Technical College (West Columbia) 980498 Aiken Technical College (Graniteville) 980630 Consolidated School District of Aiken County (Aikens) 980657 Central Carolina Technical College (Sumter) 980683 Orangeburg Consolidated School District No. 5 (Orangeburg) 980753 School District of Georgetown County (Georgetown) South Dakota 980005 Yankton Public Schools (Yankton) 980060 City of Brookings (Brookings) 980061 Rosebud Sioux Tribe (Rosebud) Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices 23351

980151 Sacred Heart Hospital (Yankton) 980169 Rapid City Regional Hospital (Rapid City) 980263 Northern Hills Community Development, Inc. (Sturgis) 980370 Prairie Lakes Hospital and Care Center (Watertown) 980489 YWUABH (Rapid City) 980615 Cangleska, Inc. (Kyle) Tennessee 980047 Knoxville-Oakridge Regional Network/KORRnet (Knoxville) 980091 Hancock County Public Schools (Sneedville) 980112 Vanderbilt University Medical Center (Nashville) 980216 Dyersburg State Community College (Dyersburg) 980287 City of Memphis (Memphis) 980331 East Tennessee State University (Johnson City) 980352 Frontier Health (Johnson City) 980394 Tennessee State Museum (Nashville) 980456 Ducks Unlimited, Inc. (Memphis) 980483 Performance Learning Cooperative (Sparta) 980497 Columbia State Community College (Columbia) 980520 Memphis City Schools (Memphis) 980682 State of Tennessee (Nashville) 980726 City of LaVergne, Tennessee (LaVergne) Texas 980014 Robinson Independent School District (Robinson) 980028 John F. Kennedy High School (San Antonio) 980045 Texas A&M University (Kingsville) 980052 Baylor College of Medicine (Houston) 980062 Region XIII Education Service Center (Austin) 980083 University of Texas at Austin (Austin) 980146 University of North Texas (Denton) 980167 San Antonio Independent School District (San Antonio) 980170 Community Council of Greater Dallas (Dallas) 980201 Midwestern State University (Wichita Falls) 980228 Dallas Independent School District (Dallas) 980233 Houston Education Resource Network (Houston) 980290 Orange County, Texas (Orange) 980297 Houston Academy of Medicine (Houston) 980301 Warm Springs Rehabilitation Foundation, Inc. (San Antonio) 980305 Concho Valley Council of Governments (San Angelo) 980312 Jefferson County, Texas (Beaumont) 980336 Texas Low Income Housing Information (Austin) 980345 Scurry County Museum Association, Inc. (Snyder) 980353 City of Euless, Texas (Euless) 980361 Texas Engineering Extension Service (College Station) 980406 City of Denton, Texas (Denton) 980410 University of Texas System (Edinburg) 980430 Texas Christian University (Fort Worth) 980611 Brady Independent School District (Brady) 980651 City of Pasadena, Texas (Pasadena) 980652 Set For Life, Inc. (Houston) 980706 Texas Workforce Commission (Austin) 980730 Catholic Family Service, Inc. (Amarillo) 980737 University Of Texas-Pan American (Edinburg) Utah 980168 State of Utah (Salt Lake City) 980321 Springville City Corporation (Springville) 980407 Utah State University (Logan) 980597 Western Governors University (Salt Lake City) 980622 Utah Valley State College (Orem) 980658 Utah State University (Logan) 980664 Salt Lake City Corporation (Salt Lake) 980671 State of Utah (Murray) Vermont 980304 Vermont Telecommunications Application Center (Burlington) 980506 Vermont Council on the Arts, Inc. (Montpelier) 980544 Windsor School District (Windsor) 23352 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Notices

980612 Vermont Law School (South Royalton) 980628 State of Vermont (Waterbury) Virginia 980071 Hampton University (Hampton) 980141 City of Martinsville, Virginia (Martinsville) 980277 County of Henry, Virginia (Collinsville) 980294 Portsmouth Museums Foundation, Inc. (Portsmouth) 980374 Chesterfield County, Virginia (Chesterfield) 980426 Commonwealth of Virginia (Richmond) 980449 Franklin County Public Schools (Rocky Mount) 980469 Arlington County, Virginia (Arlington) 980504 Virginia Museum of Natural History (Martinsville) 980519 The India-U.S. Foundation, Inc. (Fairfax) 980532 National Wildlife Federation (Vienna) 980550 United Way of America (Alexandria) 980580 Southwest Virginia Education and Training Network (Abingdon) 980590 Cable Alliance for Education (Alexandria) 980694 Middle Peninsula Planning District Commission (Saluda) 980754 Virginia Polytechnic Institute and State University (Blacksburg) Virgin Islands 980340 U.S.Virgin Islands Department of Education (St. Thomas) Washington 980023 Alliance for the Advancement of Science Through Astronomy (Richland) 980056 Community Technology Institute (Seattle) 980137 City of Richland, Washington (Richland) 980191 Grays Harbor EMS Council, Inc. (Aberdeen) 980220 City of Seattle (Seattle) 980242 Law Enforcement Support Agency (Tacoma) 980257 Northwest Intertribal Court System (Edmonds) 980272 Port of Grays Harbor (Aberdeen) 980319 Reca Foundation (Kennewick) 980391 Washington State University at Spokane (Spokane) 980434 SnoNet (Everett) 980625 Alliance of Information and Referral Systems (Seattle) 980667 City of Tacoma, Washington (Tacoma) 980678 Mr. Edward David Perrotti (Aberdeen) West Virginia 980101 Marshall University Research Corporation (Huntington) 980138 West Virginia University (Morgantown) 980474 West Virginia Network (Morgantown) 980552 West Virginia University (Morgantown) 980701 United Health Foundation (Clarksburg) Wisconsin 980077 State of Wisconsin (Madison) 980089 University of Wisconsin at Madison (Madison) 980204 Eau Claire County, Wisconsin (Eau Claire) 980268 Lakeland Union High School (Minocqua) 980310 Door County, Wisconsin (Sturgeon Bay) 980346 Milwaukee County, Wisconsin (Milwaukee) 980433 Village of Waunakee, Wisconsin (Waunakee) 980494 State Bar of Wisconsin (Madison) 980495 CAP Services, Inc. (Stevens Point) 980517 Project Bootstrap, Inc. (Madison) 980731 Green County, Wisconsin (Monroe) 980734 School of District of Phelps (Phelps) 980752 Black Earth Firemen’s Association (Black Earth) Wyoming 980605 Community Foundation of Jackson Hole (Jackson) Bernadette McGuire-Rivera, Associate Administrator, Office of Telecommunications and Information Applications. [FR Doc. 98–11074 Filed 4–27–98; 8:45 am] BILLING CODE 3510±60±P federal register April 28,1998 Tuesday Salary Offset;InterimRule 31 CFRPart285 Fiscal Service Treasury Department ofthe Part III 23353 23354 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

DEPARTMENT OF THE TREASURY nontax debts owed to the Federal and for the offset of those payments Government. Among other things, the where a match occurs. Fiscal Service DCIA established a centralized process Amounts collected are transmitted to for withholding or reducing eligible the appropriate agencies owed the 31 CFR Part 285 Federal payments, including Federal delinquent debt after the disbursing RIN 1510±AA70 salary payments, to pay the payee’s official deducts a fee charged to cover delinquent debt owed to the United the cost of the offset program. The Salary Offset States. This process is known as authority of disbursing officials to ‘‘administrative offset.’’ The DCIA also charge fees is found at 31 U.S.C. AGENCY: Financial Management Service, established a requirement that Federal 3716(c)(4). Additionally, as authorized Fiscal Service, Treasury. agencies match their delinquent debtor by 5 U.S.C. 5514, agencies that perform ACTION: Interim rule with request for records with records of Federal centralized salary offset computer comments. employees, at least annually, to identify matching services may charge a fee Federal employees who owe delinquent sufficient to cover the full cost for such SUMMARY: The Debt Collection debt to the Federal Government. This services. Under 31 U.S.C. 3717(e) the Improvement Act of 1996 (DCIA) rule establishes centralized procedures agencies which are owed the delinquent requires the Federal Government to for matching delinquent debt records debt may add the fees to the debt as part withhold or reduce certain Federal with Federal salary payment records for of the administrative cost, if permitted payments to satisfy the delinquent the purpose of offsetting a debtor’s by law. nontax debts owed to the United States Federal salary payments where a match Information about a delinquent debt by the payee. This process is known as occurs. remains in the debtor database and ‘‘administrative offset.’’ In addition, the The Financial Management Service offsets of eligible Federal salary and DCIA requires Federal agencies, using a other payments will continue until debt process known as centralized salary (FMS), a bureau of the Department of the Treasury (Treasury), disburses more collection activity for the debt is offset computer matching, to identify terminated because of full payment, Federal employees who owe delinquent than 850 million Federal payments annually, including Federal salary establishment of a repayment plan, nontax debt to the United States. This compromise, write-off or other reasons interim rule establishes centralized payments. As the Treasury disbursing agency, FMS is responsible for the justifying termination. In centralizing computer matching procedures for offset through the Treasury Offset comparing delinquent debt information implementation of centralized administrative offset of Federal Program, FMS will consolidate and with Federal salary payment simplify offset procedures for the information for the purpose of offsetting payments for the collection of delinquent nontax debt. To meet this Federal Government. the salary payments of those employees Other rules and procedures reflect responsibility, FMS has established the who owe debt to the United States once requirements for other types of Treasury Offset Program. By they are identified. This interim rule payments or debts, as well as the participating in the Treasury Offset also establishes the rules governing the general rules applicable to collection of Program in accordance with the administrative offset of Federal salary debts by offset. FMS has promulgated or provisions of this rule, Federal agencies payments through a centralized offset will promulgate other rules governing will comply with the DCIA process operated by the Financial the centralized offset of Federal requirements regarding Federal Management Service of the U.S. payments (other than Federal salary employees who owe delinquent nontax Department of the Treasury. payments) for the collection of debts debts to the United States. DATES: This rule is effective April 28, owed to Federal agencies, for the The Treasury Offset Program works as collection of debts owed to States, and 1998. Comments must be received on or follows. FMS maintains a delinquent before May 28, 1998. for the collection of past-due child debtor database. The database includes support. FMS anticipates that Part 285 ADDRESSES: All comments should be delinquent debtor information addressed to Gerry Isenberg, Financial of this title will contain all of the submitted and updated by Federal provisions relating to the centralized Program Specialist, Debt Management agencies and States. Under the DCIA, Services, Financial Management offset of Federal payments for the Federal agencies are required to notify collection of debts owed to the Federal Service, 401 14th Street SW, Room 151, FMS of all past-due, legally enforceable Washington, D.C. 20227. A copy of this Government and to State governments, nontax debts owed to the United States including past-due child support. interim rule is being made available for that are over 180 days delinquent for downloading from the Financial inclusion in this delinquent debtor Section Analysis Management Service web site at the database. (a) Purpose and Scope. Paragraph (a) following address: http:// As part of the Federal payment explains that this rule establishes www.fms.treas.gov. process, FMS and other Federal procedures for matching records of FOR FURTHER INFORMATION CONTACT: disbursing officials compare the payee delinquent debtors with Federal Gerry Isenberg, Financial Program information with debtor information in employee records as required under 5 Specialist, at (202) 874–6859; or Ellen the delinquent debtor database operated U.S.C. 5514(a)(1) and, where a match Neubauer or Ronda Kent, Senior by FMS. If the payee’s name and occurs, for offsetting Federal salary Attorneys, at (202) 874–6680. taxpayer identifying number (TIN) payments through centralized SUPPLEMENTARY INFORMATION: match the name and TIN of a debtor, the administrative offset under 31 U.S.C. payment is offset, in whole or part, to Background 3716. Nothing in this rule precludes an satisfy the debt, to the extent allowed by agency from pursuing collection A major purpose of the Debt law. This rule establishes specific remedies in addition to salary offset. Collection Improvement Act of 1996 procedures for the comparison of (b) Definitions. This rule includes the (DCIA), Pub. L. 104–134, 110 Stat. information contained in the delinquent following definitions. 1321–358 et seq. (April 26, 1996), is to debtor database with payee information Administrative offset. The term increase the collection of delinquent contained on Federal salary payments ‘‘administrative offset’’ or ‘‘offset’’ as Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23355 defined in this rule has the same insurance premiums not including paragraph (c) provides that the meaning as found in 31 U.S.C. amounts deducted for supplementary interagency consortium initially 3701(a)(1). coverage. consists of all agencies which disburse Agency. The term ‘‘agency’’ as defined Federal employee. The term ‘‘Federal Federal salary payments and which are in this rule has the same meaning as employee’’ is intended to cover any required to offset Federal payments to found in 31 U.S.C. 3701(a)(4) and individual who is employed by any collect debts. See 31 U.S.C. includes all agencies required by 5 agency of the Federal Government, 3716(c)(1)(A). These agencies have the U.S.C. 5514(a)(1) to participate in including temporary and seasonal information necessary to identify all centralized salary offset computer employees. Federal employees who are receiving matching. The term refers to an agency Federal employee records. ‘‘Federal Federal salary payments. The in the executive, judicial or legislative employee records’’ are the Federal membership of the consortium may be branches of the Government, including salary payment records. To request changed at the discretion of the government corporations, that salary payments for their employees, Secretary, and the Secretary will be administers the program that gave rise Federal agencies prepare and certify responsible for the ongoing coordination to the debt. payment vouchers. Disbursing officials of the activities of the consortium. Centralized salary offset computer of the Federal Government issue salary (d) Creditor agency participation. The matching. The phrase ‘‘centralized payments upon receipt of certified DCIA requires agencies to notify FMS of salary offset computer matching’’ payment vouchers. To identify Federal all past-due, legally enforceable debt describes the computerized process employees who owe debt to the United over 180 days delinquent for purposes used to match delinquent debt records States, the Federal salary payment of administrative offset. See 31 U.S.C. with Federal salary payment records records will be compared with the 3716(c)(6). As explained in paragraph when the purpose of the match is to delinquent debt records submitted to (d)(1), by complying with this identify Federal employees who owe FMS. notification requirement, agencies debt to the Federal Government. Paying agency. The ‘‘paying agency’’ simultaneously will comply with the Debt. For the purposes of this rule, the is the employing agency or the payroll salary offset matching requirement term ‘‘debt’’ has the same meaning as agency (e.g., the United States under 5 U.S.C. 5514(a)(1). It is found in 31 U.S.C. 3701(b)(1) and does Department of Agriculture’s National anticipated that all Federal disbursing not include tax debt. Finance Center). The paying agency officials will match Federal salary Delinquent debt record. For purposes prepares and certifies payment vouchers payment records against the debtor of this rule, the term ‘‘delinquent debt pursuant to which disbursing officials records contained in the delinquent record’’ refers to the information about issue salary payments. debtor database. Currently, however, a debt that an agency submits to FMS Salary offset. ‘‘Salary offset’’ is a type full implementation of the centralized when the agency refers the debt for of administrative offset. As amended by salary offset computer matching process collection by offset in accordance with section 31001(d)(2)(B) of the DCIA, 31 is not complete. Therefore, until the the provisions of 31 U.S.C. 3716. U.S.C. 3716 is applicable to the offset of procedures described in this rule are Disbursing official. ‘‘Disbursing all Federal payments even if another fully implemented, it is important that official’’ means an official who has statute provides for using offset to agencies continue existing salary authority to disburse Federal salary collect a particular type of debt. See 31 matching processes to identify, and payments pursuant to 31 U.S.C. 3321 or U.S.C. 3716(e) (formerly 31 U.S.C. collect debt owed from the salaries of, another law. It includes disbursing 3716(c)). Thus, the provisions of 31 Federal employees who may not be officials of the Department of the U.S.C. 3716 apply to salary offset even identified through the Treasury Offset Treasury, the Department of Defense, though procedures governing the offset Program process. the United States Postal Service, or any of a Federal employee’s salary are Debts referred to FMS for purposes of other government corporation, any provided for in 5 U.S.C. 5514. The administrative offset will be matched disbursing official of the United States requirements to provide a Federal with all Federal payment records, designated by the Secretary of the employee with notice and an including Federal salary payments. Treasury, or any disbursing official of opportunity to dispute the debt are After a match occurs, unless offset is any other executive department or contained in 5 U.S.C. 5514 and legally prohibited, the payee’s payment agency that disburses Federal salary implementing regulations. Nothing in will be offset to pay the payee’s debt payments. this rule is intended to change the after proper notice and opportunity to Disposable pay. ‘‘Disposable pay’’ has prerequisites to salary offset. review and dispute the debt have been the same meaning as prescribed by the Taxpayer identifying number. For an provided to the payee (see paragraph Office of Personnel Management (OPM) individual the ‘‘taxpayer identifying (d)(3) of this section). Agencies also may in 5 CFR 550.1103. As defined by OPM, number’’ is the social security number. refer debts less than 180 days ‘‘disposable pay’’ means that part of An offset of an individual’s salary delinquent so long as the debt is past- current basic pay, special pay, incentive payment will not occur unless the due and legally enforceable and all pay, retired pay, retainer pay, or in the taxpayer identifying number and name prerequisites to offset have been met. case of an employee not entitled to basic of the payee match the taxpayer Paragraph (d)(2) provides that before pay, other authorized pay remaining identifying number and name of the submitting a debt to FMS for purposes after the deduction of (a) any amount debtor. of administrative offset and salary offset required by law to be withheld; (b) (c) Establishment of the consortium. matching, agencies must have issued amounts properly withheld for Federal, Paragraph (c) defines the interagency regulations governing the collection of state or local income tax purposes; (c) consortium that the Secretary, by debt by both administrative offset and amounts deducted as health insurance issuance of this rule, establishes in salary offset. Agency regulations premiums; (d) amounts deducted as accordance with the requirement governing the collection of debt by normal retirement contributions, not contained in 5 U.S.C. 5514(a)(1). The administrative offset must comply with including amounts deducted for purpose of the interagency consortium 31 U.S.C. 3716(b) and with the Federal supplementary coverage; and (e) is to establish a centralized salary offset Claims Collection Standards (4 CFR amounts deducted as normal life computer matching process. Therefore, Parts 101–105; see also, Notice of 23356 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

Proposed Rulemaking concerning name of a payee match the taxpayer to satisfy, in whole or in part, the debt. revisions to the Federal Claims identifying number and name of a As discussed in paragraph (e)(1), a Collection Standards, 62 FR 68475, Dec. debtor. For purposes of the computer match occurs when the taxpayer 31, 1997). Agency regulations governing matching process, the ‘‘name’’ will be a identifying number and name of a payee the collection of debt by salary offset portion of the name, known as a ‘‘name match the taxpayer identifying number must comply with 5 U.S.C. 5514 and control,’’ designed to ensure accurate and name of a debtor. with regulations issued by OPM (5 CFR matching. The purpose of the computer Under 5 U.S.C. 5514 and as described 550.1101 through 550.1108; see also, matching process is to identify those in paragraph (g), the amount that may be Notice of Proposed Rulemaking Federal employees who owe delinquent offset from a Federal employee’s salary concerning revisions to the OPM debt and, once identified, to offset the payment is limited to 15% of the regulations, 63 FR 18850, April 16, employee’s salary to pay the employee’s employee’s disposable pay. Since 1998). Although salary offsets under this delinquent debt. As noted above, salary disbursing officials may not have the rule are being conducted through a offset is a type of administrative offset. information necessary to calculate 15% centralized process under 31 U.S.C. Although generally such computer of an employee’s disposable pay, 3716, agencies must nevertheless matches are subject to the Computer disbursing officials may request that the comply with the requirements for Matching and Privacy Protection Act of paying agency deduct the amount to be regulations contained in 5 U.S.C. 5514 1988, Pub. L. No. 100–503 (Computer offset before payment is certified to a and OPM regulations. An agency that Matching Act), the DCIA authorizes the disbursing official for payment. has already published offset regulations Secretary to waive certain provisions of (g) Offset amount. Under 5 U.S.C. need not publish new regulations except the Computer Matching Act for 5514, the amount that may be offset as may be necessary to conform the administrative offset. See 31 U.S.C. from an employee’s salary payment is regulations to DCIA requirements. 3716(f). Specifically, the Secretary is limited to 15% of the employee’s Paragraph (d)(3) describes agency authorized to waive the Computer disposable pay. A disbursing official, certification requirements when Matching Act requirements of after notifying the creditor agency or at submitting a debt to FMS for offset, completing matching agreements the request of a creditor agency, may including salary offset. Nothing in the (contained in 5 U.S.C. 552a(o)) and post- offset less than 15%. In addition, the DCIA modified the pre-offset due match notification to the individual and debtor may agree to the offset of an process notices and opportunities verification of the resulting data amount greater than 15%. afforded to debtors, in general, and (contained in 5 U.S.C. 552a(p)). The (h) Priorities. As required by 5 U.S.C. Federal employees, in particular. waiver is authorized upon the written 5514(d), paragraph (h)(1) of this section Therefore, a debt may not be submitted certification by the head of the creditor provides that tax levies imposed by the to FMS for offset and salary offset agency that the requirements of 31 Internal Revenue Service take matching unless the creditor agency U.S.C. 3716(a) have been met. The precedence over deductions from an certifies, in writing, that the debtor has waiver authority has been delegated by employee’s salary to pay a nontax debt been afforded the legally required due the Secretary to FMS. The certification owed to the United States. process. Paragraph (d)(3)(iv) explains that agencies are required to submit Paragraph (h)(2) states that amounts that, with the approval of FMS, the when referring their debts to FMS for offset from a Federal employee’s salary specific notices and opportunities offset, as described in paragraph will be applied first to the employee’s required as a prerequisite to salary offset (d)(3)(iii) of the rule, meets the past-due child support obligations may be provided to the debtor after the certification requirement for waiver. which have been assigned to a State debt is submitted to FMS, but must be Section 3716(a) requires that, prior to before being applied to the nontax debts provided prior to the offset of an collecting a debt by administrative owed by the employee to the United employee’s salary. offset, agencies shall provide the debtor States. As currently set forth in this rule, Paragraph (d)(4) explains that the with written notice of the nature and only those child support debts which creditor agency is responsible for amount of the debt and an opportunity have been assigned to a State as notifying FMS of any changes to the to inspect and copy records, for review reimbursement for public assistance debt amount (other than offset of the debt determination, and to enter paid to a family are given priority over collections) and any changes to the into a repayment agreement. Agencies debts owed to the Federal government. status of the legal enforceability of the also must notify the debtor that the Amounts offset from a Federal debt. For example, unless the creditor agency intends to collect the debt by employee’s salary will be applied to agency determines that the automatic administrative offset. FMS will not child support obligations that have not stay imposed at the time of a bankruptcy accept any debts into the debtor been assigned to a State (and are owed filing pursuant to 11 U.S.C. 362 has database (and therefore will not conduct directly to the custodial family) after been lifted or is no longer in effect, in any computer matches for offset payment of assigned child support debts most cases collection activity against the purposes) unless the debts are and Federal debts owed by the debtor should stop immediately. accompanied by the written certification employee. The priorities set forth in this Therefore, it is imperative that the required by paragraph (d)(3)(iii) of this interim rule parallel the statutory creditor agency notify FMS immediately rule. In addition to certifying that the priorities that govern the offset of a upon learning that a bankruptcy petition agency has complied with the debtor’s tax refund payment. See 26 has been filed with respect to a debtor. requirements of 31 U.S.C. 3716 for U.S.C. 6402(c) and 6402(d)(2). The (e) Centralized salary offset computer offset, prior to offset of an employee’s public is invited to comment match. Paragraph (e) explains that the salary, the creditor agency must certify specifically on the priorities set forth in delinquent debt records submitted by that the prerequisites to salary offset this rule and whether, for salary offset creditor agencies will be compared with also have been met. purposes, child support debts assigned the Federal employee records (salary (f) Salary offset. Paragraph (f) states to a State should have priority over payment records) maintained by the that when a match occurs, and all other debts owed to the Federal government. members of the consortium described in requirements for offset have been met, In addition, the public is invited to paragraph (c). A match will occur when Federal disbursing officials will offset comment specifically on whether debts the taxpayer identifying number and the Federal employee’s salary payment owed to the Federal government should Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23357 have priority over child support debts to the public interest. A comment PART 285ÐDEBT COLLECTION which have not been assigned to a State. period is unnecessary because this AUTHORITIES UNDER THE DEBT (i) Notice. Before offsetting a salary interim rule does not change how the COLLECTION IMPROVEMENT ACT OF payment, the disbursing official, or the Federal salary offset process affects the 1996 paying agency on behalf of the Federal employee who owes delinquent disbursing official, must notify the 1. The authority citation for part 285 nontax debt. The interim rule reflects is revised to read as follows: Federal employee in writing of the date changes to the procedures as to how deductions from salary will begin and of creditor agencies will identify Federal Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; the amount of such deductions. The 31 U.S.C. 321, 3701, 3711, 3716, 3720A; E.O. employees who owe delinquent nontax amount of the deductions may be stated 13019; 3 CFR, 1996 Comp., p. 216. debt for purposes of offsetting the salary as a percentage of pay. Additionally, 2. Section 285.7 is added to Subpart payments of the identified Federal once an offset of a salary payment has A to read as follows: occurred, the disbursing official, or the employees. Under this interim rule, paying agency on behalf of the creditor agencies are required to provide § 285.7 Salary offset. disbursing official, must provide written to the debtor the same pre-offset notice, (a) Purpose and scope. (1) This notice to the Federal employee that the opportunities, and rights to dispute the section establishes procedures for the offset has occurred. This written notice debt and seek waiver as currently offset of Federal salary payments, may appear on a Leave and Earnings required under 5 U.S.C. 5514 and through FMS’ administrative offset Statement (or similar statement) implementing regulations. program, to collect delinquent debts provided to the Federal employee. The FMS has determined that good cause owed to the Federal Government. This process is known as salary offset. Rules disbursing official also will inform the exists to make this interim rule effective issued by the Office of Personnel creditor agency that an offset has upon publication without providing the Management contain the requirements occurred but will not inform the 30 day period between publication and creditor agency of the payment source of Federal agencies must follow prior to the effective date contemplated by 5 conducting salary offset and the the amounts collected. Since disbursing U.S.C. 553(d). The purpose of a delayed agencies will be conducting offsets of procedures for requesting offsets effective date is to afford persons various payment types, debt repayment directly from a paying agency. See 5 affected by a rule a reasonable time to may result from any one of a number of CFR 550.1101 through 550.1108. payment sources. prepare for compliance. However, in (2) This section implements the (j) Fees. Agencies that perform salary this case, as required by the DCIA which requirement under 5 U.S.C. 5514(a)(1) offset matching services may charge fees was effective on April 26, 1996, that all Federal agencies, using a process pursuant to 5 U.S.C. 5514(a)(1). FMS, or agencies already participate in the known as centralized salary offset a paying agency acting on behalf of Treasury Offset Program. Many agencies computer matching, identify Federal FMS, may charge a fee sufficient to have collected debts by salary offset employees who owe delinquent nontax cover the full cost of implementing the over the last 15 years. Procedures debt to the United States. Centralized offset program pursuant to 31 U.S.C. affecting debtors remain unchanged in salary offset computer matching is the 3716(c)(4). The creditor agency may add this rule. computerized comparison of delinquent debt records with records of Federal any fees to the debt as an administrative Centralized salary offset computer cost pursuant to 31 U.S.C. 3717(e), if employees. The purpose of centralized matching for offset purposes will salary offset computer matching is to permitted by law. Fees may be deducted improve the efficiency of Treasury’s from the amount offset before that identify those debtors whose Federal government-wide collection of nontax salaries should be offset to collect amount is transmitted to the creditor delinquent debts owed by Federal agency. The amount of the fee may be delinquent debts owed to the Federal employees. This rule provides critical adjusted annually to ensure that the fee Government. guidance that will facilitate creditor adequately covers the administrative (3) This section specifies the costs of the offset program. agencies’ participation in centralized delinquent debt records and Federal (k) Disposition of amounts collected. salary offset computer matching as employee records that must be included Paragraph (k) describes how amounts required by the DCIA. Therefore, FMS in the salary offset matching process. collected from salary payments will be believes that good cause exists and that For purposes of this section, delinquent transmitted to creditor agencies. it is in the public interest to issue the debt records consist of the debt interim rule without opportunity for information submitted to the Financial Regulatory Analysis prior public comment. Management Service for purposes of administrative offset as required under This interim rule is not a significant The public is invited to submit 31 U.S.C. 3716(c)(6). Agencies that regulatory action as defined in comments on the interim rule in general Executive Order 12866. Because no submit their debt to FMS for purposes and on the specific points mentioned notice of proposed rulemaking is of administrative offset are not required above which will be taken into account required for this interim rule, the to submit duplicate information for provisions of the Regulatory Flexibility before a final rule is issued. purposes of centralized salary offset Act do not apply. List of Subjects in 31 CFR Part 285 computer matching under 5 U.S.C. 5514 and this section. Special Analyses Administrative practice and (4) This section establishes an FMS is promulgating this interim rule procedure, Claims, Debt, Federal interagency consortium to implement without opportunity for prior public employees, Salaries, Wages. centralized salary offset computer comment pursuant to the matching on a government-wide basis as Administrative Procedure Act, 5 U.S.C. Authority and Issuance required under 5 U.S.C. 5514(a)(1). 553 (the ‘‘APA’’), because FMS has For the reasons set forth in the Federal employee records consist of determined, for the following reasons, records of Federal salary payments preamble, part 285 of 31 CFR chapter II, that a comment period would be disbursed by members of the subchapter A, is amended as follows: unnecessary, impracticable and contrary consortium. 23358 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

(5) The receipt of collections from Federal employee means a current (2) Prior to submitting debts to FMS salary offsets does not preclude a employee of an agency, including a for purposes of administrative offset creditor agency from pursuing other current member of the Armed Forces or (including salary offset) and centralized debt collection remedies, including the a Reserve of the Armed Forces salary offset computer matching, offset of other Federal payments to (Reserves), employees of the United Federal agencies shall prescribe satisfy delinquent nontax debt owed to States Postal Service, and seasonal and regulations in accordance with the the United States. A creditor agency temporary employees. requirements of 31 U.S.C. 3716 should pursue, when deemed Federal employee records means (administrative offset) and 5 U.S.C. 5514 appropriate by such agency, such debt records of Federal salary payments that (salary offset). collection remedies separately or in a paying agency has certified to a (3) Prior to submitting a debt to FMS conjunction with salary offset. disbursing official for disbursement. for purposes of collection by (b) Definitions. For purposes of this FMS means the Financial administrative offset, including salary section: Management Service, a bureau of the offset, creditor agencies shall provide Administrative offset means Department of the Treasury. written certification to FMS that: withholding funds payable by the Paying agency means the agency that (i) The debt is past-due and legally United States to, or held by the United employs the Federal employee who enforceable in the amount submitted to States for, a person to satisfy a debt owes the debt and authorizes the FMS and that the creditor agency will owed by the payee. payment of his or her current pay. A ensure that collections (other than Agency means a department, agency paying agency also includes an agency collections through offset) are properly or subagency, court, court that performs payroll services on behalf credited to the debt; (ii) Except in the case of a judgment administrative office, or instrumentality of the employing agency. debt or as otherwise allowed by law, the in the executive, judicial, or legislative Salary offset means administrative debt is referred for offset within ten branch of the Federal government, offset to collect a debt owed by a years after the agency’s right of action including government corporations. Federal employee from the current pay accrues; Centralized salary offset computer account of the employee. (iii) The creditor agency has complied matching means the computerized Secretary means the Secretary of the with the provisions of 31 U.S.C. 3716 comparison of Federal employee records Treasury or his or her delegate. (administrative offset) and related with delinquent debt records to identify Taxpayer identifying number means regulations including, but not limited Federal employees who owe such debts. the identifying number described under to, the provisions requiring that the Creditor agency means any agency section 6109 of the Internal Revenue creditor agency provide the debtor with that is owed a debt. Code of 1986 (26 U.S.C. 6109). For an applicable notices and opportunities for Debt means any amount of money, individual, the taxpayer identifying a review of the debt; and funds, or property that has been number is the individual’s social (iv) The creditor agency has complied determined by an appropriate official of security number. with the provisions of 5 U.S.C. 5514 the Federal government to be owed to (c) Establishment of the consortium. (salary offset) and related regulations the United States by a person, including As required by the provisions of 5 including, but not limited to, the debt administered by a third party U.S.C. 5514(a)(1), by issuance of this provisions requiring that the creditor acting as an agent for the Federal section, the Secretary establishes an agency provide the debtor with Government. For purposes of this interagency consortium to implement applicable notices and opportunities for section, the term ‘‘debt’’ does not centralized salary offset computer a hearing. include debts arising under the Internal matching. The consortium initially (4) FMS may waive the certification Revenue Code of 1986 (26 U.S.C.). includes all agencies that disburse requirement set forth in paragraph Delinquent debt record means Federal salary payments, including but (d)(3)(iv) of this section as a prerequisite information about a past-due, legally not limited to, FMS, the Department of to submitting the debt to FMS. If FMS enforceable debt, submitted by a Defense, the United States Postal waives the certification requirement, creditor agency to FMS for purposes of Service, government corporations, and before an offset occurs, the creditor administrative offset (including salary agencies with Treasury-designated agency shall provide the Federal offset) in accordance with the disbursing officials. The membership of employee with the notices and provisions of 31 U.S.C. 3716 and the consortium may be changed at the opportunities for a hearing as required applicable regulations. Debt information discretion of the Secretary, and the by 5 U.S.C. 5514 and applicable includes the amount and type of debt Secretary will be responsible for the regulations, and shall certify to FMS and the debtor’s name, address, and ongoing coordination of the activities of that the requirements of 5 U.S.C. 5514 taxpayer identifying number. the consortium. and applicable regulations have been Disbursing official means an officer or (d) Creditor agency participation. (1) met. employee designated to disburse As required under 5 U.S.C. 5514(a)(1), (5) The creditor agency shall notify Federal salary payments. This section creditor agencies shall participate at FMS immediately of any payments applies to all disbursing officials of least annually in centralized salary credited by the creditor agency to the Federal salary payments, including but offset computer matching. To meet this debtor’s account, other than credits for not limited to, disbursing officials of the requirement, creditor agencies shall amounts collected by offset, after Department of the Treasury, the notify FMS of all past-due, legally submission of the debt to FMS. The Department of Defense, the United enforceable debts delinquent for more creditor agency also shall notify FMS States Postal Service, any government than 180 days for purposes of immediately of any change in the status corporation, and any disbursing official administrative offset, as required under of the legal enforceability of the debt, for of the United States designated by the 31 U.S.C. 3716(c)(6). Additionally, example, if the creditor agency receives Secretary. creditor agencies may notify FMS of notice that the debtor has filed for Disposable pay has the same meaning past-due, legally enforceable debts bankruptcy protection. as that term is defined in 5 CFR delinquent for less than 180 days for (e) Centralized salary offset computer 550.1103. purposes of administrative offset. match. (1) Delinquent debt records will Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23359 be compared with Federal employee (ii) An amount up to 15% of the mailing addresses, and taxpayer records maintained by members of the debtor’s disposable pay. identifying numbers of the debtors from consortium or paying agencies. The (2) Alternatively, the amount offset whom amounts of past-due, legally records will be compared to identify may be an amount agreed upon, in enforceable debt were collected and of Federal employees who owe delinquent writing, by the debtor and the creditor the amounts collected from each debtor debts for purposes of collecting the debt agency. for that agency. The disbursing official by administrative offset. A match will (3) Offsets will continue until the will not advise the creditor agency of occur when the taxpayer identifying debt, including any interest, penalties, the source of payment from which such number and name of a Federal and costs, is paid in full or otherwise amounts were collected. employee are the same as the taxpayer resolved to the satisfaction of the (j) Fees. Agencies that perform identifying number and name of a creditor agency. centralized salary offset computer debtor. (h) Priorities. (1) A levy pursuant to matching services may charge a fee (2) As authorized by the provisions of the Internal Revenue Code of 1986 shall sufficient to cover the full cost for such 31 U.S.C. 3716(f), FMS, under a take precedence over other deductions services. In addition, FMS, or a paying delegation of authority from the under this section. agency acting on behalf of FMS, may Secretary, has waived certain (2) When a salary payment may be charge a fee sufficient to cover the full requirements of the Computer Matching reduced to collect more than one debt, cost of implementing the administrative and Privacy Protection Act of 1988, 5 amounts offset under this section will offset program. FMS may deduct the U.S.C. 552a, as amended, for be applied to a debt only after amounts fees from amounts collected by offset or administrative offset, including salary offset have been applied to satisfy past may bill the creditor agencies. Fees offset, upon written certification by the due child support debts assigned to a charged for offset shall be based on head of the creditor agency that the State pursuant to 402(a)(26) or section actual administrative offsets completed. requirements of 31 U.S.C. 3716(a) have 471(a)(17) of the Social Security Act. (k) Disposition of amounts collected. been met. Specifically, FMS has waived (i) Notice. (1) Before offsetting a salary The disbursing official conducting the the requirements for a computer payment, the disbursing official, or the offset will transmit amounts collected matching agreement contained in 5 paying agency on behalf of the for debts, less fees charged under U.S.C. 552a(o) and for post-match notice disbursing official, shall notify the paragraph (j) of this section, to the and verification contained in 5 U.S.C. Federal employee in writing of the date appropriate creditor agency. If an 552a(p). The creditor agency will deductions from salary will commence erroneous offset payment is made to a provide certification in accordance with and of the amount of such deductions. creditor agency, the disbursing official the provisions of paragraph (d)(3)(iii) of (2)(i) When an offset occurs under this will notify the creditor agency that an this section. section, the disbursing official, or the erroneous offset payment has been (f) Salary offset. When a match occurs paying agency on behalf of the made. The disbursing official may and all other requirements for offset disbursing official, shall notify the deduct the amount of the erroneous have been met, as required by the Federal employee in writing that an offset payment from future amounts provisions of 31 U.S.C. 3716(c) the offset has occurred including: payable to the creditor agency. disbursing official shall offset the (A) A description of the payment and Alternatively, upon the disbursing Federal employee’s salary payment to the amount of offset taken; official’s request, the creditor agency satisfy, in whole or part, the debt owed (B) The identity of the creditor agency shall return promptly to the disbursing by the employee. Alternatively, the requesting the offset; and, official or the affected payee an amount paying agency, on behalf of the (C) A contact point within the creditor equal to the amount of the erroneous disbursing official, may deduct the agency that will handle concerns payment (without regard to whether any amount of the offset from an employee’s regarding the offset. other amounts payable to such agency disposable pay before the employee’s (ii) The information described in have been paid). The disbursing official salary payment is certified to a paragraphs (i)(2)(i)(B) and (i)(2)(i)(C) of and the creditor agency shall adjust the disbursing official for disbursement. this section does not need to be debtor records appropriately. (g) Offset amount. (1) The amount provided to the Federal employee when offset from a salary payment under this the offset occurs if such information was Dated: April 22, 1998. section shall be the lesser of: included in a prior notice from the Richard L. Gregg, (i) The amount of the debt, including disbursing official or paying agency. Commissioner. any interest, penalties and (3) The disbursing official will advise [FR Doc. 98–11203 Filed 4–27–98; 8:45 am] administrative costs; or each creditor agency of the names, BILLING CODE 4810±35±P federal register April 28,1998 Tuesday Amendments; FinalRule To ImplementSafeDrinkingWaterAct Revisions toStatePrimacyRequirements 40 CFRParts141and142 Protection Agency Environmental Part IV 23361 23362 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

ENVIRONMENTAL PROTECTION requirement. Because questions have Category Examples of regu- AGENCY lated entities arisen on the meaning of section 1413(a)(6), today’s preamble sets forth 40 CFR Parts 141 and 142 Industry ...... Public Water Sys- EPA’s interpretation of this section. tems. The addition of section (e) in § 142.12 [FRL±6003±5] State Government ..... Agencies with primary enforcement au- of this rule is also due to the 1996 RIN±2040±AD00 thority for the Amendments. Section 142.12(e) PWSS program. explains that when a State with primacy Revisions to State Primacy for all existing national primary Requirements To Implement Safe This table is not intended to be drinking water regulations submits a Drinking Water Act Amendments exhaustive, but rather provides a guide primacy revision application, the State for readers regarding entities likely to be is considered to have primary AGENCY: Environmental Protection regulated by this action. This table lists enforcement authority for the new or Agency. the types of entities that EPA is now revised regulation while EPA makes a ACTION: Final rule; interpretation. aware could potentially be regulated by final determination on the application. this action. Other types of entities not Additionally, the Agency is making SUMMARY: Today’s action amends the listed in the table could also be revisions to § 142.10(e) to reflect the regulations that set forth the regulated. To determine whether your 1996 Amendments by adding examples requirements for States to obtain and entity is regulated by this action, you of emergency situations and to retain primary enforcement authority should carefully examine the § 142.12(b) by changing the time (primacy) for the Public Water System applicability criteria in §§ 141.2, 142.2, limitation for adopting new or revised Supervision (PWSS) program under and 142.10 and the applicability criteria Federal regulations. Finally, the Agency section 1413 of the Safe Drinking Water in §§ 142.3 and 142.10 of title 40 of the is revising the definition of a public Act (SDWA) as amended by the 1996 Code of Federal Regulations. If you have water system in both Parts 141 and 142 Amendments. This rule adds the new questions regarding the applicability of to codify changes to the statutory administrative penalty authority this action to a particular entity, consult definition. The new definition includes requirement that States must meet in the person listed in the preceding FOR certain systems that provide water for order to obtain or retain primacy, plus FURTHER INFORMATION CONTACT section. human consumption through changes the timing for a State to adopt constructed conveyances other than new or revised drinking water Table of Contents pipes. regulations. The rule also changes a A. Summary and Explanation of Today’s State’s primacy status while awaiting a Action 1. Administrative Penalty Authority final determination on its primacy 1. Administrative Penalty Authority 2. Interim Primacy Authority Section 1413 of the SDWA sets out application. Additionally, the rule’s the conditions under which States may language provides examples of 3. Time Increase for Adopting Federal Regulations apply for, and retain, primary circumstances that require an 4. Examples of Emergency Circumstances enforcement responsibility with respect emergency plan for the provision of safe That Require a Plan for Safe Drinking to PWSs. As amended in 1996, section drinking water. Lastly, this action Water 1413 now requires States to have expands the definition of a public water 5. Revision of Public Water System administrative penalty authority for all Definition system (PWS). Since all of the above violations of their approved primacy changes are merely a codification of the B. Impact of These Revisions 1. Executive Order 12866 program, unless prohibited by the State amended SDWA, the Agency is constitution. This encompasses publishing this document as a final rule. 2. Regulatory Flexibility Act 3. Paperwork Reduction Act applicable requirements in parts 141 DATES: This action is effective April 28, 4. Unfunded Mandates Reform Act and 142 including, but not limited to, 1998 except for § 142.11 which contains 5. Executive Order 13045—Protection of NPDWRs, variances and exemptions, information collection requirements that Children From Environmental Health and public notification. This includes have not yet been approved by Office of Risks and Safety Risks administrative penalty authority for Management and Budget (OMB). EPA 6. Submission to Congress and the General violations of any State requirements that will publish a document in the Federal Accounting Office 7. National Technology Transfer and are more stringent than the analogous Register announcing the effective date Federal requirements on which they are of § 142.11 Advancement Act 8. Administrative Procedure Act based. However, States are not required FOR FURTHER INFORMATION CONTACT: The to have administrative penalty authority Safe Drinking Water Hotline, toll free A. Summary and Explanation of for violations of State requirements that (800) 426–4791, or Jennifer Melch; Today’s Action are broader in scope than the federal Regulatory Implementation Branch; 40 CFR part 142, subpart B, sets out program, or unrelated to the approved Office of Ground Water and Drinking requirements for States to obtain and/or program. Water; EPA (4606), 401 M Street, S.W., retain primacy for the Public Water States must have the authority to Washington, DC 20460; telephone (202) System Supervision (PWSS) program as impose administrative penalties on 260–7035. authorized by section 1413 of the Safe PWSs serving a population greater than SUPPLEMENTARY INFORMATION: Drinking Water Act (SDWA). The Safe 10,000 individuals in an amount that is Drinking Water Act Amendments of not less than $1,000 per day per Regulated Entities 1996 created an additional requirement violation. For PWSs serving a Entities potentially regulated by this for States to obtain and/or retain population of 10,000 individuals or less, action are those which have primary primacy for the PWSS program. Section States must have the authority to enforcement authority for the PWSS 1413(a)(6) requires States to have impose an administrative penalty that is program and those which meet the administrative penalty authority. ‘‘adequate to ensure compliance.’’ criteria of the PWS definition. Regulated Today’s rule adds a provision to However, States may establish a categories and entities include: § 142.10 incorporating this new maximum limitation on the total Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23363 amount of administrative penalties that individuals. In particular cases, States others, States must determine, for may be imposed on a PWS per violation. may assess lesser penalties than the systems serving a population of 10,000 maximum penalty authorized by the individuals or less, a level or levels of Statutory Language State, so long as they retain the administrative penalties which will, in Section 1413 of the SDWA provides authority to impose a penalty of at least their opinion, ensure compliance. The that a State will have primary $1,000 per day per violation. level can be the same as that for the enforcement responsibility for PWSs A State’s penalty authority must be larger systems. during any period for which the ‘‘per day per violation.’’ If a State has Administrator determines that the State authority for administrative penalties up Determination of State Administrative meets the requirements of section to a specific dollar amount (in total, or Penalty Authority 1413(a) as implemented through EPA as per day, or per violation), but the As a part of the primacy application regulations. One of the new conditions authority is not expressed as an amount review process, EPA will review the added for primacy is section 1413(a)(6), ‘‘per day per violation,’’ then the State laws and regulations to determine which requires that a primacy State: authority is not sufficient to comply whether the State has the requisite (6) Has adopted authority for with this requirement. administrative penalty authority or administrative penalties (unless the Although not required to do so, a whether its constitution prohibits the constitution of the State prohibits the State may establish an administrative adoption of such authority. States must adoption of the authority) in a penalty cap. If a State establishes a cap, submit copies of their laws and maximum amount— the cap cannot be on the total regulations; States that believe that their (A) In the case of a system serving a administrative penalty which may be constitution prohibits administrative population of more than 10,000, that is imposed on the system but may only be penalty authority must submit a copy of not less than $1,000 per day per on the total which may be imposed on their constitution and an interpretation violation; and the system ‘‘per violation.’’ For from the State Attorney General. EPA’s (B) In the case of any other system, example, a State could obtain authority review will likely also include a request that is adequate to ensure compliance for administrative penalties of $1,000 for a State Attorney General to provide (as determined by the State); per day per violation, not to exceed an interpretation of the State’s authority. except that a State may establish a $25,000 for each violation. If a PWS in The Attorney General’s statement will maximum limitation on the total that State had 3 maximum contaminant be needed particularly in cases where amount of administrative penalties that level violations, each of which lasted a the State laws or regulations use may be imposed on a public water month, the system could be assessed an different language than the SDWA. EPA system per violation. administrative penalty of $75,000. (This will also require States to submit a would be calculated as follows: The rationale for their determination that the Interpretation of ‘‘In a Maximum PWS had 3 violations at $1,000 per day chosen level of administrative penalty Amount * * * That is Not Less Than × 30 days for each violation; thus, the authority for PWSs serving a population $1,000 Per Day Per Violation’’ system could be assessed $90,000, if of 10,000 individuals or less is The first issue for clarification is the there was no cap. However, because the appropriate. Additionally, EPA may meaning of requiring States to have State has established a cap of $25,000 request an explanation from the States administrative penalty authority ‘‘in a for each violation, the PWS could only on how they plan to use their penalty maximum amount * * * that is not less be assessed the maximum for each authority (that is, a penalty policy). In than $1,000 per day per violation.’’ violation—$25,000 × 3 = $75,000). today’s rule, EPA is amending 40 CFR Relying on both the legislative history of 142.11 to clarify the documentation Interpretation of ‘‘Adequate To Ensure the 1996 SDWA Amendments and the States must provide for EPA’s review of Compliance’’ principles of statutory construction, State administrative penalty authority. EPA has interpreted the provision as The next area subject to interpretation discussed in the following paragraphs. is what penalty is ‘‘adequate to ensure Process for Review and Approval of The report on Senate Bill (SB)1316 compliance’’ for systems serving a State Programs says, in explaining this provision, that population of 10,000 or fewer The process EPA will use to review States are to adopt administrative individuals. This provision is designed and approve State programs will vary penalties of at least $1,000 per day per to give the States flexibility in dealing based on the circumstances. In cases violation for large systems. Since the with the smaller systems. The provision where the State has adequate language in the House Bill and in the recognizes that some of the smaller administrative penalty authority that is final version of the SDWA amendments systems face special challenges in already part of an approved primacy is identical to that in SB1316, and there complying with the requirements of the program, no formal process under Part is no additional explanation of this SDWA and its regulations and may not 142 is required to approve the program. language, the report on SB1316 is a have the financial capability to pay a In situations where either the State has helpful indicator of Congressional large penalty. Moreover, with some of adequate administrative penalty intent. the small and very small systems, a authority but it is not part of an Therefore, it is EPA’s position that, in modest penalty can serve as a great approved primacy program, or where order to have primacy, States must have deterrent. In addition, assessing modest the State administrative penalty the authority to impose a maximum penalties often requires less authority is not adequate to meet the penalty per day per violation for burdensome hearing procedures and new requirement, the State must follow systems serving a population greater thus can be more efficient. At the same the process for primacy program than 10,000 individuals and this time, however, it must be remembered revisions in 40 CFR 142.12. maximum must be $1,000 or greater. It that a good portion of the small systems If or when it becomes clear that a is critical that States have the authority are, in fact, profit-making businesses State is not going to obtain the required to impose this penalty. However, States and therefore should not be permitted to authority, or if the State is not acting in are not required to assess this per day gain an economic advantage through good faith to obtain the required per violation penalty for systems serving their noncompliance with the law. authority, EPA will seek to begin the a population of more than 10,000 Given these factors, as well as many primacy withdrawal process under 40 23364 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations

CFR 142.17. There are serious connections or regularly served at least water exclusion in section consequences if a State loses primacy, twenty-five individuals. The 1996 1401(4)(B)(i)(II) or the treatment including the loss of Drinking Water Amendments expanded the means of exclusion in section 1401(4)(B)(i)(III). State Revolving Fund (DWSRF) monies. delivering water to include not only Implementation of the New PWS systems which provide water for human 2. Interim Primacy Authority Definition consumption through pipes, but also EPA has added new § 142.12(e) to systems which provide water for human Systems newly subject to SDWA incorporate the new process identified consumption through ‘‘other regulations under the amended in the 1996 Amendments for granting constructed conveyances.’’ In today’s definition of a PWS will not be primary enforcement authority to States rule, EPA codifies this change by regulated until August 6, 1998, as while their applications to modify their amending the definition of ‘‘public provided in section 1401(4)(C) of the primacy programs are under review. water system’’ in §§ 141.2 and 142.2 as SDWA. States with primary Previously, States that submitted these well as by adding or clarifying several enforcement authority must revise their applications did not receive primacy for other definitions. programs within two years from the the changes in their State programs until The 1996 Amendments did not effective date of this regulation to EPA approved the applications. The change the connections or users served include waters suppliers that became new process, which is available only to requirement. However, water suppliers PWSs only as a result of the new PWS States that have primacy for every that became PWSs only as a result of the definition. States must follow the existing national primary drinking water changed definition will not be process for primacy program revisions regulation in effect when the new considered PWSs, subject to SDWA in 40 CFR 142.12. To assist States in regulation is promulgated, grants requirements, until after August 5, 1998. revising their programs, EPA plans to interim primary enforcement authority ‘‘Service Connection’’ Exclusions issue guidance providing a more for a new or revised regulation during detailed interpretation of the new the period in which EPA is making a For systems which only could become definition and the statutory exclusions. determination with regard to primacy PWSs as a result of the broadened for that new or revised regulation. This definition, the Amendments allow B. Impact of These Revisions interim enforcement authority begins on certain connections to be excluded, for 1. Executive Order 12866 the date of the primacy application purposes of the definition, if the water Under Executive Order 12866, [58 FR submission or the effective date of the supplied by that connection meets any 51,735 (October 4, 1993)] the Agency new or revised State regulation, of the three criteria enumerated in must determine whether the regulatory whichever is later, and ends when EPA section 1401(4)(B)(i). action is ‘‘significant’’ and therefore makes a final determination. Interim First, a connection is excluded where subject to OMB review and the primacy has no effect on EPA’s final the water is used exclusively for requirements of the Executive Order. determination and States should not purposes other than ‘‘residential uses.’’ The Order defines ‘‘significant assume that their applications will be Residential uses consist of drinking, regulatory action’’ as one that is likely approved based on this interim primacy. bathing, cooking, or similar uses. Next, a connection may be excluded if the to result in a rule that may: 3. Time Increase for Adopting Federal State exercising primary enforcement (a) Have an annual effect on the Regulations responsibility or the Administrator economy of $100 million or more or EPA has amended the language in determines that ‘‘alternative water’’ to adversely affect in a material way the § 142.12(b) to increase the time for a achieve the equivalent level of public economy, a sector of the economy, State to adopt new or revised Federal health protection afforded by the productivity, competition, jobs, the regulations from 18 months to 2 years to applicable national primary drinking environment, public health or safety, or reflect section 1413(a)(1) as revised by water regulations is provided for State, local, or tribal governments or the 1996 Amendments. residential or similar uses for drinking communities; and cooking. The third exclusion may (b) Create a serious inconsistency or 4. Examples of Emergency apply where the Administrator or the otherwise interfere with an action taken Circumstances That Require a Plan for State exercising primary enforcement or planned by another agency; Safe Drinking Water responsibility determines that the water (c) Materially alter the budgetary The Agency has added examples of provided for residential or similar uses impact of entitlements, grants, user fees, natural disasters to § 142.10(e) to for drinking, cooking, and bathing is or loan programs or the rights and maintain consistency and uniformity centrally treated or treated at the point obligations of recipients thereof; or with the statutory counterpart section of entry by the provider, a pass-through (d) Raise novel legal or policy issues 1413(a)(5), which was revised in the entity, or the user to achieve the arising out of legal mandates, the 1996 Amendments. equivalent level of protection provided President’s priorities, or the principles by the applicable national primary set forth in the Executive Order. 5. Revision of Public Water System drinking water regulations. It has been determined that this rule Definition is not a ‘‘significant regulatory action’’ Public water systems, unless they ‘‘Special Irrigation District’’ Exemption under the terms of Executive Order meet the four criteria enumerated in A piped water system may be 12866 and is therefore not subject to section 1411 or qualify for a variance or considered a ‘‘special irrigation district’’ OMB review. exemption under sections 1415 or 1416, if it was in existence prior to May 18, must comply with the national primary 1994, and provides primarily 2. Regulatory Flexibility Act drinking water regulations promulgated agricultural service with only incidental The Agency has determined that the in 40 CFR Part 141. Before the 1996 residential or similar use. Special rule being issued today is not subject to Amendments, the SDWA defined a PWS irrigation districts are not considered to the Regulatory Flexibility Act (RFA), as a system that provided piped water be PWSs if the system or the residential which generally requires an Agency to for human consumption to the public or similar users of the system comply conduct a regulatory flexibility analysis and had at least fifteen service with the requirements of the alternative of any significant impact the rule will Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23365 have on a substantial number of small respondent cost burden estimated at their regulatory actions on State, local, entities. By its terms, the RFA applies $37,954.63 and 696.20 hours. This and tribal governments and the private only to rules subject to notice and estimate includes the time for gathering, sector. Under section 202 of the UMRA, comment rulemaking requirements analyzing, writing, and reporting EPA generally must prepare a written under the Administrative Procedure Act information. There will be no capital, statement, including a cost-benefit (APA) or any other statute. Today’s rule start-up, or operation and maintenance analysis, for proposed and final rules is not subject to notice and comment costs. This data collection does not with ‘‘Federal mandates’’ that may requirements under the APA or any involve periodic reporting or result in expenditures to State, local, other statute because it falls into the recordkeeping. Rather, this will be a one and tribal governments, in the aggregate, interpretative statement exception time effort of approximately 12 hours or to the private sector, of $100 million under APA section 553(b) and because and 26 minutes by each of the 56 States or more in any one year. Before the Agency has found ‘‘good cause’’ to who wish to adopt the administrative promulgating an EPA rule for which a publish without prior notice and penalty authority necessary in order to written statement is needed, section 205 comment. See section B.8. obtain or retain primacy. of the UMRA generally requires EPA to Burden means the total time, effort, or identify and consider a reasonable 3. Paperwork Reduction Act financial resources expended by persons number of regulatory alternatives and The information collection to generate, maintain, retain, or disclose adopt the least costly, most cost- requirements in this rule will be or provide information to or for a effective or least burdensome alternative submitted for approval to the Office of Federal agency. This includes the time that achieves the objectives of the rule. Management and Budget (OMB) under needed to review instructions; develop, The provisions of section 205 do not the Paperwork Reduction Act, 44 U.S.C. acquire, install, and utilize technology apply when they are inconsistent with 3501 et seq. An Information Collection and systems for the purposes of applicable law. Moreover, section 205 Request (ICR) document has been collecting, validating, and verifying allows EPA to adopt an alternative other prepared by EPA (ICR No. 1836.01) and information, processing and than the least costly, most cost-effective a copy may be obtained from Sandy maintaining information, and disclosing or least burdensome alternative if the Farmer, OPPE Regulatory Information and providing information; adjust the Administrator publishes with the final Division; U.S. Environmental Protection existing way to comply with any rule an explanation why that alternative Agency (2137); 401 M Street, S.W.; previously applicable instructions and was not adopted. Before EPA establishes Washington, DC 20460 or by calling requirements; train personnel to be able any regulatory requirements that may (202) 260–2740. The information to respond to a collection of significantly or uniquely affect small requirements are not effective until information; search data sources; governments, including tribal OMB approves them. complete and review the collection of governments, it must have developed This information collection is information; and transmit or otherwise under section 203 of the UMRA a small necessary because the SDWA disclose the information. government agency plan. The plan must Amendments of 1996 added a new An Agency may not conduct or provide for notifying potentially element to the requirements for States to sponsor, and a person is not required to affected small governments, enabling obtain and/or retain primacy for the respond to a collection of information officials of affected small governments PWSS program. In order for EPA to unless it displays a currently valid OMB to have meaningful and timely input in determine whether States meet the new control number. The OMB control the development of EPA regulatory administrative penalty authority numbers for EPA’s regulations are listed proposals with significant Federal requirement, States must submit a copy in 40 CFR Part 9 and 48 CFR Chapter intergovernmental mandates, and of their legislation authorizing the 15. informing, educating, and advising penalty authority and a description of Send comments on the Agency’s need small governments on compliance with their authority for administrative for this information, the accuracy of the the regulatory requirements. penalties that will ensure adequate provided burden estimates, and any Today’s rule contains no Federal compliance of systems serving a suggested methods for minimizing mandates (under the regulatory population of 10,000 individuals or less. respondent burden, including through provisions of Title II of the UMRA) for In accordance with the procedures the use of automated collection State, local, or tribal governments or the outlined in § 142.11(7)(i) and § 142.12 techniques to the Director, OPPE private sector. The UMRA generally (c)(iii), the State Attorney General must Regulatory Information Division; U.S. excludes from the definition of ‘‘Federal certifiy that the laws and regulations Environmental Protection Agency intergovernmental mandate’’ duties that were duly adopted and are enforceable. (2137); 401 M. Street; S.W.; Washington, arise from participation in a voluntary Alternatively, if a State constitution DC 20460; and to the Office of federal program. The requirements prohibits assessing administrative Information and Regulatory Affairs, under section 1413(a) of the SDWA are penalties, the State must submit a copy Office of Management and Budget, 725 only mandatory if a State chooses to of the relevant provision of the 17th Street, N.W.; Washington, DC have primary enforcement constitution as well as an Attorney 20503; marked ‘‘Attention: Desk Officer responsibility for PWSs. Additionally, General’s statement confirming that for EPA.’’ Review will be in accordance today’s rule implements requirements interpretation. Furthermore, as provided with the procedures in 5 CFR 1320.10. specifically set forth by the Congress in in § 142.11(a)(7)(ii), as amended by this Comments are requested by June 29, sections 1401 and 1413 of the SDWA rule, and § 142.12(c), EPA may 1998. Include the ICR number in any without the exercise of any discretion additionally require supplemental correspondence. by EPA. statements from the State Attorney In any event, even if this rule were General, (such as an interpretation of 4. Unfunded Mandates Reform Act and not excluded from the definition of the statutory language), when the above Executive Order 12875 ‘‘Federal intergovernmental mandate,’’ supplied information is deemed Title II of the Unfunded Mandates EPA has determined that this rule does insufficient for a decision. Reform Act of 1995 (UMRA), Pub. L. not contain a Federal mandate that may Collecting and reporting this 104–4, establishes requirements for result in expenditures of $100 million or information will require a total Federal agencies to assess the effects of more for State, local, and tribal 23366 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations governments, in the aggregate, or the U.S. Senate, the U.S. House of List of Subjects in 40 CFR Parts 141 and private sector in any one year. Representatives, and the Comptroller 142 Thus, today’s rule is not subject to the General of the United States Office prior Environmental protection, requirements of sections 202 and 205 of to publication of the rule in the Federal Administrative practices and the UMRA. Register. This rule is not a ‘‘major rule’’ procedures, Intergovernmental relations, Additionally, EPA has determined as defined by 5 U.S.C. 804(2). that this rule contains no regulatory Reporting and recordkeeping requirements that might significantly or 7. National Technology Transfer and requirements, Water supply, Indians. uniquely affect small governments, Advancement Act Dated: April 17, 1998. including tribal governments. Rather, Carol M. Browner, Under section 12(d) of the National this rule primarily affects State Administrator. Technology Transfer and Advancement governments. Therefore, this action does For the reasons set forth in the not require a small government agency Act, the Agency is required to use voluntary consensus standards in its preamble, the Environmental Protection plan under UMRA section 203. Agency amends 40 CFR Parts 141 and Because this rule imposes no regulatory and procurement activities 142 as follows: intergovernmental mandate, it also is unless to do so would be inconsistent with applicable law or otherwise not subject to Executive Order 12875 PART 141ÐNATIONAL PRIMARY impractical. Voluntary consensus (Enhancing the Intergovernmental DRINKING WATER REGULATIONS Partnership). standards are technical standards (e.g., material specifications, test methods, 1. The authority citation for part 141 5. Executive Order 13045—Protection of sampling procedures, business continues to read as follows: Children From Environmental Health practices, etc.) that are developed or Risks and Safety Risks Authority: 42 U.S.C. 300f, 300g, 300g–1, adopted by voluntary consensus 300g–2, 300g–3, 300g–4, 300g–5, 300g–6, Today’s action is not subject to standard bodies. Where available and 300j–4, and 300j–9. Executive Order 13045 [62 FR 19885 potentially applicable voluntary 2. In § 141.2 by revising the (April 23, 1997)] which requires consensus standards are not used by definitions of non-community water agencies to identify and assess the EPA, the Act requires the Agency to system and public water system and environmental health and safety risks of provide Congress, through the Office of adding the following definitions in their rules on children. Pursuant to the Management and Budget, an alphabetical order. definitions in section 2–202, Executive explanation of the reasons for not using Order 13045 only applies to rules that such standards. Because this rule does § 141.2 Definitions. are economically significant as defined not involve or require the use of any * * * * * under Executive Order 12866 and technical standards, EPA does not Non-community water system means concern an environmental health or believe that this Act is applicable to this a public water system that is not a safety risk that may disproportionately rule. Moreover, EPA is unaware of any community water system. A non- affect children. This rule is not voluntary consensus standards relevant community water system is either a economically significant and does not to this rulemaking. Therefore, even if ‘‘transient non-community water system concern a risk disproportionately the Act were applicable to this kind of (TWS)’’ or a ‘‘non-transient non- affecting children. rulemaking, EPA does not believe that community water system (NTNCWS).’’ 6. Submission to Congress and the there are any ‘‘available or potentially * * * * * General Accounting Office applicable’’ voluntary consensus Public water system or PWS means a standards. The Congressional Review Act, (5 system for the provision to the public of U.S.C. 801 et seq.) as added by the 8. Administrative Procedure Act water for human consumption through Small Business Regulatory Enforcement pipes or, after August 5, 1998, other Fairness Act of 1996 (SBREFA), Because this rule merely codifies and constructed conveyances, if such system generally provides that before a rule interprets a statute, the amended has at least fifteen service connections may take effect, the agency SDWA, it is an ‘‘interpretative rule.’’ As or regularly serves an average of at least promulgating the rule must submit a a result, it is exempt from the notice and twenty-five individuals daily at least 60 rule report, which includes a copy of comment requirements for rulemakings days out of the year. Such term the rule, to each House of the Congress under section 553 of the APA (See includes: any collection, treatment, and to the Comptroller General of the section 553(b)(3)(A)). In addition, storage, and distribution facilities under United States. However, section 808 because this rule merely codifies control of the operator of such system provides that any rule for which the statutory requirements and makes and used primarily in connection with issuing agency for good cause finds (and clarifying changes to the rules necessary such system; and any collection or incorporates the finding and a brief to implement the amended statute, pretreatment storage facilities not under statement of reasons therefore in the notice and comment is ‘‘unnecessary’’ such control which are used primarily rule) that notice and public procedure and thus the Agency has ‘‘good cause’’ in connection with such system. Such thereon are impracticable, unnecessary to publish this rule without prior notice term does not include any ‘‘special or contrary to the public interest, shall and comment (APA section irrigation district.’’ A public water take effect at such time as the agency 553(b)(3)(B)). For the same reasons, EPA system is either a ‘‘community water promulgating the rule determines. 5 is making the provisions of this rule system’’ or a ‘‘noncommunity water U.S.C. 808(2). As discussed in Section effective upon promulgation, as system.’’ B.8., EPA has made such a good cause authorized under the APA (See sections * * * * * finding for this rule, including the 553(d)(2) and (3)). However, systems Service connection, as used in the reasons therefore, and established an newly subject to SDWA regulation definition of public water system, does effective date of April 28, 1998. EPA under the amended definition will not not include a connection to a system will submit a report containing this rule be regulated until August 6, 1998 as that delivers water by a constructed and other required information to the provided in the 1996 Amendments. conveyance other than a pipe if: Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations 23367

(1) The water is used exclusively for system is either a ‘‘community water water systems serving a population of purposes other than residential uses system’’ or a ‘‘noncommunity water 10,000 or fewer individuals, States must (consisting of drinking, bathing, and system’’ as defined in § 141.2. have penalties that are adequate to cooking, or other similar uses); * * * * * ensure compliance with the State (2) The State determines that Service connection, as used in the regulations as determined by the State. alternative water to achieve the definition of public water system, does (2) As long as criteria in paragraph equivalent level of public health not include a connection to a system (f)(1) of this section are met, States may protection provided by the applicable that delivers water by a constructed establish a maximum administrative national primary drinking water conveyance other than a pipe if: penalty per violation that may be regulation is provided for residential or (1) The water is used exclusively for assessed on a public water system. similar uses for drinking and cooking; or purposes other than residential uses * * * * * (3) The State determines that the (consisting of drinking, bathing, and 4. In § 142.11 by redesignating water provided for residential or similar cooking, or other similar uses); paragraph (a)(6) as paragraph (a)(7) and uses for drinking, cooking, and bathing (2) The Administrator or the State adding new paragraph (a)(6) to read as is centrally treated or treated at the exercising primary enforcement follows: point of entry by the provider, a pass- responsibility for public water systems, through entity, or the user to achieve the determines that alternative water to § 142.11 Initial determination of primary equivalent level of protection provided achieve the equivalent level of public enforcement responsibility. by the applicable national primary health protection provided by the (a) * * * drinking water regulations. applicable national primary drinking (6)(i) A copy of the State statutory and * * * * * water regulation is provided for regulatory provisions authorizing the Special irrigation district means an residential or similar uses for drinking executive branch of the State irrigation district in existence prior to and cooking; or government to impose an administrative May 18, 1994 that provides primarily (3) The Administrator or the State penalty on all public water systems, and agricultural service through a piped exercising primary enforcement a brief description of the State’s water system with only incidental responsibility for public water systems, authority for administrative penalties residential or similar use where the determines that the water provided for that will ensure adequate compliance of system or the residential or similar users residential or similar uses for drinking, systems serving a population of 10,000 of the system comply with the exclusion cooking, and bathing is centrally treated or fewer individuals. provisions in section 1401(4)(B)(i)(II) or or treated at the point of entry by the (ii) In instances where the State (III). provider, a pass-through entity, or the constitution prohibits the executive branch of the State government from * * * * * user to achieve the equivalent level of protection provided by the applicable assessing any penalty, the State shall PART 142ÐNATIONAL PRIMARY national primary drinking water submit a copy of the applicable part of DRINKING WATER REGULATIONS regulations. its constitution and a statement from its IMPLEMENTATION Special irrigation district means an Attorney General confirming this irrigation district in existence prior to interpretation. 1. The authority citation for part 142 May 18, 1994 that provides primarily * * * * * continues to read as follows: agricultural service through a piped 5. Amend § 142.12, by revising Authority: 42 U.S.C. 300f, 300g, 300g–1, water system with only incidental paragraph (b)(1) and by adding 300g–2, 300g–3, 300g–4, 300g–5, 300g–6, residential or similar use where the paragraph (e) to read as follows: 300j–4, and 300j–9. system or the residential or similar users § 142.12 Revision of State programs. 2. In § 142.2 by revising the definition of the system comply with the exclusion of public water system and adding the provisions in section 1401(4)(B)(i)(II) or * * * * * following definitions in alphabetical (III). (b) * * * (1) Complete and final State requests order. * * * * * for approval of program revisions to 3. In § 142.10 by revising paragraph § 142.2 Definitions. adopt new or revised EPA regulations (e), redesignating paragraph (f) as * * * * * must be submitted to the Administrator paragraph (g) and adding paragraph (f) not later than 2 years after promulgation Public water system or PWS means a to read as follows: system for the provision to the public of of the new or revised EPA regulations, water for human consumption through § 142.10 Requirements for a determination unless the State requests an extension pipes or, after August 5, 1998, other of primary enforcement responsibility. and the Administrator has approved the constructed conveyances, if such system * * * * * request pursuant to paragraph (b)(2) of has at least fifteen service connections (e) Has adopted and can implement this section. If the State expects to or regularly serves an average of at least an adequate plan for the provision of submit a final State request for approval twenty-five individuals daily at least 60 safe drinking water under emergency of a program revision to EPA more than days out of the year. Such term circumstances including, but not 2 years after promulgation of the new or includes: limited to, earthquakes, floods, revised EPA regulations, the State shall Any collection, treatment, storage, hurricanes, and other natural disasters. request an extension of the deadline and distribution facilities under control (f)(1) Has adopted authority for before the expiration of the 2-year of the operator of such system and used assessing administrative penalties period. primarily in connection with such unless the constitution of the State * * * * * system; and any collection or prohibits the adoption of such authority. (e) Interim primary enforcement pretreatment storage facilities not under For public water systems serving a authority. A State with an approved such control which are used primarily population of more than 10,000 primacy program for each existing in connection with such system. Such individuals, States must have the national primary drinking water term does not include any ‘‘special authority to impose a penalty of at least regulation shall be considered to have irrigation district.’’ A public water $1,000 per day per violation. For public interim primary enforcement authority 23368 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Rules and Regulations with respect to each new or revised national drinking water regulation that it adopts beginning when the new or revised State regulation becomes effective or when the complete primacy revision application is submitted to the Administrator, whichever is later, and shall end when the Administrator approves or disapproves the State’s revised primacy program. [FR Doc. 98–11260 Filed 4–27–98; 8:45 am] BILLING CODE 6560±50±P i

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CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 1965...... 20295 1980...... 20295 Presidential Documents Proclamations: Proposed Rules: 523±5227 7075...... 16385 Executive orders and proclamations Ch. XIII...... 23231 The United States Government Manual 523±5227 7076...... 16668 29...... 19414, 19415 7077...... 16873 246...... 19415 7078...... 17307 Other Services 301...... 16908 7079...... 18111 Electronic and on-line services (voice) 523±4534 930...... 20274 7080...... 18115 Privacy Act Compilation 523±3187 1468...... 16142 7081...... 18811 Public Laws Update Service (numbers, dates, etc.) 523±6641 1710...... 17127 7082...... 19167 TTY for the deaf-and-hard-of-hearing 523±5229 1714...... 17127 7083...... 19795 1728...... 17128 7084...... 20051 1755...... 17738 ELECTRONIC RESEARCH 7085...... 20293 1956...... 17125 World Wide Web 7086...... 20511 Executive Order: 8 CFR Full text of the daily Federal Register, CFR and other 13079...... 17309 1...... 19382 publications: 13080...... 17667 264...... 17489 http://www.access.gpo.gov/nara Administrative Orders: Proposed Rules: Federal Register information and research tools, including Public Presidential Determinations: 274a...... 16909 Inspection List, indexes, and links to GPO Access: No. 98±20 of April 3, 1998 ...... 18815 http://www.nara.gov/fedreg 9 CFR E-mail 5 CFR 78...... 19169, 19652 Ch. XXV...... 18501, 20447 85...... 17315 PENS (Public Law Electronic Notification Service) is an E-mail 410...... 16877 97...... 16881 service that delivers information about recently enacted Public 831...... 17049 130...... 18117 Laws. To subscribe, send E-mail to 844...... 17049 Proposed Rules: [email protected] 1303...... 20513 94...... 19667 200...... 16913 with the text message: Proposed Rules: 301...... 17959 subscribe publaws-l Ch. XIV ...... 16141 430...... 19411 317...... 19852 Use [email protected] only to subscribe or unsubscribe to 534...... 19411 318...... 17959 PENS. We cannot respond to specific inquiries at that address. 550...... 18850 320...... 17959 381...... 19852 Reference questions. Send questions and comments about the 2424...... 19413 Federal Register system to: 2429...... 19413 10 CFR [email protected] 7 CFR 430...... 16446, 16669 The Federal Register staff cannot interpret specific documents or 6...... 20516 Proposed Rules: regulations. 25...... 19108 50...... 20136 51...... 20521 140...... 17130 FEDERAL REGISTER PAGES AND DATES, APRIL 91...... 16370 171...... 17130 93...... 16370 430...... 16706, 16707 15739±16084...... 1 96...... 16370 490...... 19372 16085±16386...... 2 301 ...... 16877, 19651, 19797, 625...... 17260 16387±16668...... 3 20053 16669±16876...... 6 354...... 16878 12 CFR 16877±17048...... 7 405...... 17050 4...... 16378 17049±17306...... 8 457...... 17050 202...... 16392 17307±17666...... 9 800...... 20054 208...... 16378 17667±17930...... 10 810...... 20054 220...... 23195 17931±18116...... 13 905...... 19379 224...... 23195 18117±18306...... 14 925...... 16387 226...... 16669 18307±18816...... 15 930 ...... 20012, 20019, 20522 303...... 17056 18817±19166...... 16 932...... 20056 309...... 16402 19167±19378...... 17 944...... 19379 325...... 17056 19379±19650...... 20 959...... 16390 326...... 17056 19651±19794...... 21 993...... 20058 327...... 17056 19797±20052...... 22 1425...... 17311 337...... 16378 20053±20294...... 23 1700...... 16085, 18307 346...... 17056 20295±20512...... 24 1942...... 16088 347...... 17056 20513±23194...... 27 1951...... 16088 351...... 17056 23195±23368...... 28 1962...... 20295 362...... 17056 ii Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Reader Aids

563...... 16378 19854, 20141, 20143, 20543, 640...... 16685 917...... 20561 Proposed Rules: 20545, 20546, 20548, 20550, 806...... 18836 920...... 16730 28...... 16708 20552, 20554, 20556 814...... 19185, 20530 924...... 18172, 18173 220...... 16446 71 ...... 16451, 16718, 17740, 1270...... 16685 925...... 19874 221...... 16446 17741, 17742, 17743, 19429, Proposed Rules: 944...... 17138 224...... 16446 19855, 19856, 19857, 19858, 26...... 17744 544...... 18149 20684 101...... 20450 31 CFR 563...... 17966, 20252 91...... 16452 102...... 20148 285...... 16354, 23354 107...... 19691 120...... 20450 357...... 20099 13 CFR 108...... 19691 610...... 19431 Proposed Rules: 121...... 16882 121...... 16452 814...... 19196, 20558 285...... 20006 Proposed Rules: 125...... 16452 1308...... 18170 121 ...... 16148, 18150, 20139, 129...... 16452 32 CFR 20447 139...... 19691 22 CFR 706...... 19655 123...... 20140 40...... 16686 15 CFR 125...... 16148, 18150 41...... 16892 33 CFR 126...... 16148, 18150 280...... 18260 50...... 20315 100 ...... 16114, 16115, 16687, 806...... 16890 93...... 16686 14 CFR 16688, 19406, 23215 Proposed Rules: 121...... 17329 110...... 16688 1...... 23338 30...... 18344 117 ...... 16905, 17679, 18319, 21...... 16089 24 CFR 18320, 18321, 18322, 18323, 25...... 17090, 23338 16 CFR 206...... 17654 19406, 19656, 23215 39 ...... 16091, 16094, 16096, 2...... 18819 598...... 19151 160...... 19190 16098, 16100, 16102, 16104, 4...... 18819 165 ...... 16116, 17098, 19656, 16107, 16109, 16110, 16111, 305...... 19397 25 CFR 23216, 23217, 23218 16678, 16679, 16681, 16883, Proposed Rules: 514...... 17489 187...... 19657 16884, 16886, 17316, 17318, 20...... 17132 Proposed Rules: Proposed Rules: 17320, 17321, 17323, 17324, 235...... 17348 291...... 19693 20...... 16731 17669, 17670, 17672, 17674, 901...... 19859 66...... 18349 17676, 17677, 17931, 17932, 26 CFR 100...... 16179 18118, 18119, 18121, 18307, 17 CFR 1...... 16895 117 ...... 17781, 18350, 19435 18308, 18817, 19170, 19175, 3...... 18821 Proposed Rules: 151...... 17783 19176, 19178, 19180, 19183, 32...... 18821 1 ...... 17973, 19694, 10964, 165...... 16181 19384 19385, 19387, 19388, 33...... 18821 20156 19390, 19391, 19653, 19798, 230...... 19286 34 CFR 20062, 20064, 20066, 20299, 241...... 17943 27 CFR 280...... 16906 20300, 20302, 20303, 20305, 274...... 19286 303...... 18290 20306, 20308, 20309, 20311, 9...... 16902 20528, 23200, 23201, 23203, Proposed Rules: Proposed Rules: 10...... 16453 28 CFR 23205 303...... 18297 240...... 19430, 19693 0...... 20533 61...... 20282 35 CFR Proposed Rules: 71 ...... 16408, 16888, 16889, 18 CFR 17092, 17934, 17935, 17936, 2...... 17771 113...... 18836 18371, 18312, 18313, 19393, 284...... 20072 100...... 23231 115...... 18836 Proposed Rules: 133...... 23220 19394, 19395, 19396, 19397, 29 CFR 19798, 20068, 20069, 20070, 33...... 20340 135...... 23220 284...... 19861 1910...... 17093, 20098 20071, 20447, 20528, 20530, 36 CFR 23206 1926...... 17093, 20098 19 CFR 73...... 16890 4044...... 18317 292...... 18837 91...... 19286, 23338 10...... 16414 Proposed Rules: 1228...... 19369 97 ...... 17937, 17938, 17939, 101...... 23214 1910...... 16918 Proposed Rules: 23206, 23208, 23209, 23211, 118...... 16683 2200...... 19435 7...... 19436 23213 122...... 23214 2510...... 18345 1190...... 20562 107...... 18076 123...... 16414 2550...... 19873 1191...... 20562 108...... 18076 128...... 16414 37 CFR 121...... 23338 141...... 16414 30 CFR 135...... 23338 142...... 19399 56...... 20026 Proposed Rules: 141...... 20282 143...... 16414 57...... 20026 201...... 17142 150...... 16409 145...... 16414 75...... 20026 39 CFR Proposed Rules: 148...... 16414 100...... 20032 Ch. I ...... 16913 203...... 17330 111...... 19407 39 ...... 16163, 16165, 16167, 20 CFR 913...... 17094 Proposed Rules: 16169 16170, 16172, 16174, 200...... 17325 920...... 19403 111...... 17143 16175, 16177, 16447, 16449, 216...... 17326 938...... 19802 501...... 16464 16709, 16711, 16713, 16715, 943...... 19821 16716, 16916, 17130, 17341, 21 CFR Proposed Rules: 40 CFR 17342, 17344, 17346, 17740, 5...... 18314 56...... 17781 8...... 18323 17741, 17742, 17743, 17969, 74...... 20096 57...... 17781 51...... 17331 17970, 17972, 18151, 18153, 101...... 17327 72...... 17492 52 ...... 16433, 16435, 17680, 18155, 18156, 18158, 18160, 172...... 16417 75...... 19873 18122, 19658, 19659, 19661, 18163, 18164, 18167, 18341, 177...... 20313 206...... 17349 19823, 19825, 20315, 20318 18342, 18852, 19421, 19423, 310...... 19799 210...... 17133 62 ...... 17683, 20100, 20102, 19425, 19427, 19668, 19670, 520...... 17329 216...... 17133 20320 19672, 19673, 19675, 19677, 558 ...... 17947, 18835, 19184 913...... 16719 63...... 17933, 18504 19678, 19680, 19682, 19684, 606...... 16685 914...... 16723, 16725 74...... 18837 19686, 19688, 19689, 19852, 610...... 16685, 19399 916...... 16728 85...... 18978 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Reader Aids iii

86...... 20447 41 CFR 52...... 16440 870...... 17304 88...... 20103 51±5...... 16439 64...... 16696, 20326 1843...... 17339 89...... 18978 51±6...... 16439 69...... 20534 1852...... 17339 92...... 18978 51±8...... 16439 73 ...... 16906, 17123, 17736, Proposed Rules: 132...... 20107 51±9...... 16439 18842, 18843, 19663, 20131, 803...... 16955 141...... 23364 51±10...... 16439 23226 852...... 16955 142...... 23364 109...... 19614 76...... 16906, 17333 915...... 17799 Proposed Rules: 180 ...... 16437, 16690, 17099, Proposed Rules: 970...... 17799 17101, 17687, 17690, 17692, 301±3...... 16936 0...... 16938 1 ...... 16188, 16938, 17974 17699, 18326, 18329, 19829 301±10...... 16936 185...... 17101 13...... 16938 49 CFR 186...... 17101 42 CFR 18...... 20362 192...... 20134 22...... 16938, 20364 258...... 17706 121...... 16296 395...... 16697 24...... 16938 261...... 18504 410...... 20110 533...... 16699 26...... 16938 264...... 19837 417...... 20110 571...... 16215, 19839 27...... 16938 265...... 19837 422...... 18124 572...... 16136 54...... 23258 272...... 23221 424...... 20110 589...... 19839 64...... 20364 300...... 19192, 20322 482...... 20110 1002...... 19195 372...... 19838 73 ...... 17123, 17798, 19226, 1039...... 19663 430...... 18504 43 CFR 19699, 19700, 19701, 20562, Proposed Rules: 20563 810...... 19408 4700...... 18338 7...... 18855 80...... 16938 Proposed Rules: 390...... 19457, 19457 87...... 16938 8...... 18352 44 CFR 393...... 17811 90...... 16938 50...... 18854 64...... 20322, 20324 395...... 19457, 19457 95...... 16938 52 ...... 16465, 16751, 17349, 65...... 17731, 17732 571 ...... 16217, 19467, 20564 97...... 16938 17793, 18177, 19694, 19876, 67...... 17734 575...... 17974 101...... 16938 20365, 23239 206...... 17108 62 ...... 17793, 20158, 20159, Proposed Rules: 48 CFR 50 CFR 20360 67...... 17793 Ch. 28 ...... 16118 217...... 17948, 19842 63 ...... 18754, 19200, 19582 204...... 20447 45 CFR 222...... 23226 68...... 19216 209...... 17124 227...... 17948, 23226 69...... 23241 2510...... 18135 212...... 17124 230...... 16701 70...... 23254 2516...... 18135 213...... 17124 80...... 23241 2517...... 18135 217...... 17124 622 ...... 18139, 18144, 18147 86...... 23255 2519...... 18135 222...... 17124 648...... 19850, 23227 88...... 20159 2521...... 18135 235...... 17124 660...... 17736, 20539 131...... 16182, 18501 2540...... 18135 243...... 17124 679 ...... 16705, 17737, 18848, 141...... 20038 252...... 16871, 17124 19666, 19850, 20541 46 CFR 142...... 19438, 20038 501...... 19193 Proposed Rules: 180...... 19877, 20360 4...... 19190 503...... 18843 17 ...... 16217, 16218, 17350, 185...... 20360 Proposed Rules: 515...... 18843, 19193 17981 186...... 19877, 20360 5...... 16731 538...... 19193 222...... 19468 261...... 18354 10...... 19580 552...... 18843, 19193 227...... 19468 264...... 19877 12...... 19580 570...... 18843 285 ...... 16220, 17353, 20565 265...... 19877 801...... 17334 424...... 16955 272...... 23256 47 CFR 810...... 17334 644 ...... 17353, 19235, 20565 300 ...... 16465, 20361, 23256 1...... 17118 811...... 17334 654...... 20162 372...... 16754 4...... 17118 812...... 17334 660...... 19878 430...... 18796 15...... 20131 836...... 17334 679 ...... 16223, 18863, 23261 799...... 19694 22...... 20326 852...... 17334 697...... 18178 iv Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Reader Aids

REMINDERS comments due by 5-8-98; Texas; comments due by 5- GENERAL SERVICES The items in this list were published 4-8-98 8-98; published 3-9-98 ADMINISTRATION editorially compiled as an aid AGRICULTURE Pesticides; tolerances in food, Federal travel: to Federal Register users. DEPARTMENT animal feeds, and raw Fly America Act; use of Inclusion or exclusion from Rural Utilities Service agricultural commodities: U.S. flag air carriers; this list has no legal Electric loans: Canceled pesticide active comments due by 5-7-98; significance. Electric borrowers; hardship ingredients tolerance published 4-7-98 rate and municipal rate requirement; tolerances INTERIOR DEPARTMENT RULES GOING INTO loans; queue prioritization; and exemptions revoked; Surface Mining Reclamation comments due by 5-8-98; comments due by 5-5-98; and Enforcement Office EFFECT APRIL 28, 1998 published 4-24-98 published 4-8-98 Permanent program and Ferbam, etc.; comments due AGRICULTURE COMMERCE DEPARTMENT abandoned mine land by 5-5-98; published 4-22- DEPARTMENT reclamation plan National Oceanic and 98 Agricultural Marketing Atmospheric Administration submissions: Potassium dihydrogen Service Fishery conservation and Illinois; comments due by 5- Cantaloups; grade standards; phosphate; comments due 6-98; published 4-6-98 management: by 5-4-98; published 3-3- published 4-27-98 Indiana; comments due by Magnuson Act provisions; 98 Cherries (tart) grown inÐ 5-6-98; published 4-6-98 essential fish habitatÐ Superfund program: Michigan et al.; published 4- Pacific salmon, Kansas; comments due by National oil and hazardous 27-98 groundfish, and coastal 5-6-98; published 4-6-98 substances contingency COMMERCE DEPARTMENT pelagics, etc.; hearings; Utah; comments due by 5- planÐ National Oceanic and comments due by 5-8- 8-98; published 4-8-98 National priorities list Atmospheric Administration 98; published 3-9-98 JUSTICE DEPARTMENT Marine mammals: update; comments due Meetings: National Environmental Policy Endangered fish or wildlifeÐ by 5-5-98; published 3- New England Fishery 6-98 Act: implementation: Steller sea lions; listing Management Council; status change; Water pollution control: Prisons Bureau; categorical comments due by 5-6-98; exclusions; comments due correction; published 4- published 4-6-98 Water quality standardsÐ 28-98 by 5-5-98; published 3-6- Tuna, Atlantic bluefin fisheries; Alabama; comments due 98 ENVIRONMENTAL comments due by 5-4-98; by 5-4-98; published 3- PROTECTION AGENCY 5-98 NUCLEAR REGULATORY published 4-2-98 COMMISSION Drinking water: Water pollution; 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universal DEPARTMENT SAFETY COMMISSION licensing system; Demonstation and loaner Federal Aviation postage meters; Flame retardant chemicals that development and use; Administration manufacturer may be suitable for use in comments due by 5-7-98; Airworthiness directives: requirements; comments upholstered furniture; public published 4-7-98 Alexander Schleicher due by 5-4-98; published hearing; comments due by Radio stations; table of Segelflugzeugbau; 4-3-98 5-5-98; published 3-17-98 assignments: published 3-20-98 SECURITIES AND DEFENSE DEPARTMENT Nebraska et al.; comments Lockheed; published 4-23-98 EXCHANGE COMMISSION Acquisition regulations: due by 5-4-98; published McDonnell Douglas; Securities: Miscellaneous amendments; 3-20-98 published 4-23-98 Compensatory benefit comments due by 5-8-98; West Virginia; comments Pilatus Aircraft Ltd.; arrangements; offers and published 4-6-98 published 3-9-98 due by 5-4-98; published 3-20-98 sales exemption; TREASURY DEPARTMENT ENVIRONMENTAL comments due by 5-4-98; Television broadcasting: Fiscal Service PROTECTION AGENCY published 3-5-98 Federal claims collection: Acquisition regulations: Advanced televisions Over-the-counter derivatives Administrative offset; Administrative amendments; systemsÐ dealers; capital published 4-28-98 comments due by 5-4-98; Digital television spectrum; requirements for broker- published 3-4-98 ancillary or dealers; net capital rule; COMMENTS DUE NEXT Air quality implementation supplemental use and comments due by 5-4-98; WEEK plans; approval and fees; comments due by published 3-6-98 5-4-98; published 3-2-98 promulgation; various SMALL BUSINESS AGRICULTURE States: FEDERAL EMERGENCY ADMINISTRATION DEPARTMENT Delaware; comments due by MANAGEMENT AGENCY HUBZone empowerment Agricultural Marketing 5-6-98; published 4-6-98 Disaster assistance: contracting program; Service Minnesota; comments due Declaration process; implementation; comments Onions (sweet) grown in by 5-4-98; published 4-3- comments due by 5-4-98; due by 5-4-98; published 4- Washington and Oregon; 98 published 3-5-98 2-98 Federal Register / Vol. 63, No. 81 / Tuesday, April 28, 1998 / Reader Aids v

Small business size standards: Empresa Brasileira de Class D and Class E Register but may be ordered Engineering services, Aeronautica S.A.; airspace; comments due by in ``slip law'' (individual architectural services, and comments due by 5-4-98; 5-4-98; published 3-18-98 pamphlet) form from the surveying and mapping published 4-2-98 Class E airspace; comments Superintendent of Documents, services; comments due Empresa Brasileira de due by 5-4-98; published 3- U.S. Government Printing by 5-6-98; published 4-7- Aeronautica, S.A.; 23-98 Office, Washington, DC 20402 (phone, 202±512±1808). The 98 comments due by 5-8-98; TREASURY DEPARTMENT text will also be made TRANSPORTATION published 4-8-98 Customs Service available on the Internet from DEPARTMENT Eurocopter France; Air commerce: GPO Access at http:// comments due by 5-5-98; Coast Guard www.access.gpo.gov/su docs/. published 3-6-98 International airport Ð Practice and procedure: designationÐ Some laws may not yet be Adjudicative procedures Fokker; comments due by available. 5-4-98; published 4-2-98 Akron Fulton Airport, OH; consolidation; comments withdrawn; comments S. 419/P.L. 105±168 due by 5-6-98; published Glaser-Dirks Flugzeugbau due by 5-8-98; 4-6-98 GmbH; comments due by published 3-9-98 Birth Defects Prevention Act 5-8-98; published 4-1-98 of 1998 (Apr. 21, 1998; 112 TRANSPORTATION TREASURY DEPARTMENT DEPARTMENT McDonnell Douglas; Stat. 43) Internal Revenue Service Federal Aviation comments due by 5-4-98; Last List April 15, 1998 Administration published 3-20-98 Income taxes: Airworthiness directives: Pilatus Aircraft Ltd.; Interest continuity comments due by 5-4-98; requirement for de Havilland; comments due published 4-1-98 corporations; comments Public Laws Electronic by 5-4-98; published 4-2- due by 5-5-98; published Notification Service 98 Pratt & Whitney; comments 1-28-98 (PENS) Aerospatiale; comments due due by 5-8-98; published by 5-4-98; published 4-2- 3-9-98 98 Robinson Helicopter Co.; LIST OF PUBLIC LAWS PENS is a free electronic mail Airbus; comments due by 5- comments due by 5-4-98; notification service of newly published 3-3-98 4-98; published 4-2-98 This is a continuing list of enacted public laws. To Alexander Schleicher Saab; comments due by 5- public bills from the current subscribe, send E-mail to Segelflugzeugbau; 7-98; published 4-7-98 session of Congress which [email protected] with the comments due by 5-8-98; SAFT America Inc.; have become Federal laws. It text message: subscribe published 4-2-98 comments due by 5-8-98; may be used in conjunction PUBLAWS-L (your name) published 3-2-98 with ``P L U S'' (Public Laws Boeing; comments due by Note: This service is strictly 5-4-98; published 3-20-98 Airworthiness standards: Update Service) on 202±523± 6641. This list is also for E-mail notification of new British Aerospace; Special conditionsÐ available online at http:// public laws. The text of laws comments due by 5-4-98; McDonnell Douglas DC- www.nara.gov/fedreg. is not available through this published 4-3-98 10-10,-30 airplane; service. PENS cannot respond Dornier; comments due by comments due by 5-7- The text of laws is not to specific inquiries sent to 5-4-98; published 4-2-98 98; published 3-23-98 published in the Federal this address.